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HomeMy WebLinkAboutJun 25, 1984OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING JUNE 25, 1984 The meeting was called to order by Mayor Nawrocki at 7:30 P.M.. t. Roll Call Hovland, Petkoff, Carlson, Peterson, Nawrocki - present 2. Invocation There were no ministers available for an Invocation. 3. Minutes of Previous Meetings Motion by Carlson, second by Hovland to approve the minutes of the Regular Council Meeting of June llth as presented in writing and that the reading be dispensed with. Roll call: All ayes 4. Oral Petitions Frank Burak, Mayor of the City of Hilltop, and Jerry Murphy, a member of the Hilltop City Council and President of the Hilltop Chamber of Commerce, thanked the Columbia Heights City Council for being included in the Jamboree parade and for the on-going good relationship both cities have enjoyed over the past many years. The Mayor, mem- bers of the Council, and the Council Secretary received a tee shirt from the Hilltop city officials with an inscription. Two residents whose properties are adjacent to the development on 40th and University Avenues addressed their concerns with some of the construction procedures. A lengthy idiscussion followed regarding soil testing. Staff was requested to contact MN/DOT for information from soil procedures and corrections from the installation of Univer- sity Avenue. The Mayor noted that some erosion of soil unto private property resulting from this construction had not as yet been cleaned up and requested that the staff take care of this. One resident noted that he had seen trees and branches which were cut down during the construction being buried on the site. The Building Inspector said he would check into this matter. Mayor Nawrocki requested that when the results of the soil borings are available they be sent on the these residents. Dynamic compaction was also discussed. 5. Ordinances and Resolutions a. Second Reading of Ordinance No. IO87 Granting a Certain Easement This ordinance would grant an easement to Mrs. Schuh, 3970 Jackson Street, across the west 22' of the Library parking lot. Staff had prepared some alternat'ives to this easement, the first being the moving of the garage. This alternative was determined to be too costly. The second alt- ernative was that of granting a fifteen foot easement. ~hen the City Engineer dis- cussed this second alternative with the property owner she agreed that it was a good offer but requested three additional stipulations accompany the easement. The Council discussed these stipulations and could not concur with the propery owner. A neighbor stated he felt a 22 foot easement should be granted. Members of the Library Board, interested citizens, and members of the Council discussed this matter regarding the loss of parking spaces, precedence setting, limited time parking, and giving the use of property to people who had been compensated for this land by the City when it s purchased from them. ncilmember Hovland suggested that the lot could be restriped making spaces nine feet instead of ten feet and one parking space would be gained. He also noted that he had driven his full sized car into the garage apron and backed it out with no pro- blem. Councilmember Petkoff stated she would support a smaller easement only to Regular Council Meeting June 25, 1984 page 2 reach a compromise. Mayor Nawrocki noted the receipt of two letters and one phone call from residents stating their opposition to passage of this ordinance. Motion by Petkoff, second by Hovland to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes Motion to amend by Petkoff, second by Peterson to delete twenty-two feet from the ord- inance and to insert fifteen feet. Motion by Nawrocki, second by Hovland to amend the amendment that the ordinance would read twelve feet in lieu of fifteen feet. Roll call: Hovland, Petkoff, Nawrocki - aye Carlson, Peterson - nay. Ordinance No. 1087 was offered by Petkoff, seconded by Peterson. ORDINANCE NO. 1087 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO THE GRANTING OF A CERTAIN EASEMENT The City Council of the City of Columbia Heights does ordain: Section 1: That the City of Columbia Heights shall grant a driveway easement over and across the west twelve feet (12') of the north twenty-eight feet (28') of Lot 6, Block 64, Columbia Heights Annex to Minneapolis, as measured from the extension of the west property line of Lot 7, Block 64, Columbia Heights Annex to Minneapolis and excepting that portion of platted alley within the described easement. Section 2: Said easement shall be in favor of the property described as Lot 7, Block 64, Columbia Heights Annex to Minneapolis. Section 3: Said easement shall expire at such time as the garage located on the pro- perty described in Section 2 of this ordinance shall no longer be in existence or shall have been damaged in excess of fifty percent (50%) or more of its fair market value, regardless of whether such damage shall be intentional or by fire, flood, explosion, war, riot, or any act of God. Section 4: The Mayor and City Manager are hereby authorized to execute any documents required under this ordinance. Section 5: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: May 29, 1984 June 25, 1984 June 25, 1984 Offered by: Petkoff Seconded by: Peterson Roll call: All ayes Bruce G. Nawrocki, Mayor Jo-Anne Student, Council Secretary Mayor Nawrocki noted that the City is not legally obligated to grant an easement with- out cost. The property owner asked how this easement could become a matter of record. The City Attorney advised him accordingly. He also stated that the only condition that Ocould negate this easement other than those stated in the ordinance is if the property owner would deed the easement back to the City. Revising the parking and the striping the Library lot was discussed. Motion by Petkoff, second by Carlson to direct the Public Works Department to work with the Library Board on a revised parking arrangement. Roll call: All ayes Regular Council Meeting June 25, 1984 page 3 b. Resolution Establishing a Date for a Public Hearing This public hearing would address a proposal to undertake and finance a project under Minnesota Statutes, Chapter 474 which would authorize the issuance of industrial deve- ~m~r.t revenue bonds for Kraus-Anderson. Kraus-Anderson is seeking an additional $1,000,000 for its Central Valu Mall. A representative of the developer stated that this additional funding is needed for the purchase price, soil correction and project co,ts that have exceeded the budget. He also noted that passage of this resolution does not obligate the City Council to granting the bonds. He reviewed what is presently hap- pening on the federal level regarding this type of bonds. Mayor Nawrocki addressed the timing to be considered in view of the activity on the fed- eral level of industrial revenue bonds and that the City Council must look toward the future of the City and a possible cap being imposed. He also reviewed some of the prob- lems and difficulties being experienced by residents and the City with this particular development and its tenant. Motion by Hovland, second by Peterson to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes RESOLUTION NO. 84- RESOLUTION ESTABLISHING THE DATE FOR A PUBLIC HEARING ON A PROPOSAL TO UNDERTAKE AND FINANCE A PROJECT UNDER MINNESOTA STATUTES, CHAPTER 474 WHEREAS, the Minnesota Municipal Industrial Development Act, Minnesota Statutes, Sec- tions 474.01 et seq. (the "Act"), authorize the issuance of revenue bonds to finance projects; and WHEREAS, the term I'project" is defined by Section 474.02, subdivision la, of the Act to include "any properties, real or personal, used or useful in connection with a revenue producing enterprise"; and WHEREAS, a representative of Kraus-Anderson, Incorporated, a Minnesota corporation (the "Developer") has presented this City Council (the "Council") of the City of Columbia Heights (the "City") with information concerning the financing of a pro- posed project (the "Project") to be acquired and constructed within the City; and WHEREAS, the Developer has requested that the City undertake to issue revenue bonds pursuant to the Act to finance the Project and has presented to the City a form of ordinance concerning such issuance with a request that such ordinance, attached hereto as Exhibit A, be considered for adoption by the City Council; and WHEREAS, Section 474.0l, subdivision 7b, of the Act provides that the Council must conduct a public hearing on any proposal to undertake and finance a project; and WHEREAS, Section 474.01, subdivision 7b, of the Act provides that notice of the time and place of such public hearing and stating the general nature of the project and an estimate of the principal amount of the bonds or other obligations to be issued to finance the project must be published at least once not less than fifteen (15) days nor more than thirty (30) days prior to the date fixed for the public hearing in the official newspaper of the City and a newspaper of general circulation in the City; and WHEREAS, Section 474.01, subdivision 7b, of the Act provides that the notice must state that a draft copy of the proposed application (the ,,Application") to the Min- nesota Energy and Economic Development Authority for approval of the Project, to- gether with all attachments and exhibits, is on file with the City and available Regular Council Meeting June 25, 1984 page 4 public inspection; and WHEREAS, the Developer has presented to this City a form of public notice, attached hereto as Exhibit B, with a request that the Council establish a date for a public hearing on the proposal to undertake and finance the Project and authorize publica- tion of the form of public, notice provided by the Developer: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL THAT: 1. The City Council will conduct a public hearing on the proposal to undertake and finance the Project on the ~day of , 1984. 2. It is the present intention of the City Council to adopt the preliminary ordinance in the form attached hereto as Exhibit A after completion of the public hearing on , 1984; provided that nothing in this resolution shall be deemed to require the City to allocate to the proposed Project of the Developer any of the City's authority to issue industrial development bonds after the passage of a "federal limitation act" as defined in Laws of Minnesota 1984, Chapter 582. 3. The City Manager of the City is hereby authorized to cause a public notice, substantially in the form of the notice attached hereto as Exhibit B, to be pub- lished in the official newspaper of the City and a newspaper of general circulation in the City. 4. The City Manager of the City is hereby authorized and directed to have available for public inspection in the offices of the City a draft copy of the proposed Ap- lication, together will all attachments and exhibits thereto. Offered by: Hovland Seconded by: Peterson Roll call: Hovland, Peterson - aye Petkoff, Carlson, Nawrocki - nay Passage of the Resolution fails. c. Resolution 84-46 Subdivision Request by the First Edition Corporation This lotsplit was granted at a previous Council meeting but needed to be done by a resolution. Mayor Nawrocki stated his opposition to the lotsplit based upon the cir- custances that would result in the City Council having no control over the develop- ment of the second parcel. Motion by Hovland, second by Petkoff to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes RESOLUTION NO. 84-66 SUBDIVISION REQUEST I, James Domoracki for First Edition, inc. hereby request a split of PLAT PARCEL KEY 249582 PIN 25 30 24 22 OO16 o Legally described as: Lot one, Block one, Columbia Court, Anoka County, Minnesota. THE DESCRIPTION HENCEFORTH TO BE: DESCRIPTION FOR WESTERLY PARCEL: That part of Lot l, Block l, Columbia Court, ac- cording to the recorded plat thereof, lying westerly of a line described as follows: Regular Council Meeting June 25, 1984 page 5 Commencing at the northeast corner of said Lot l; thence South 89 degrees 56 minutes O0 seconds West, assumed basis for bearing, 150.00 feet along the north line of said lot 1, to the point of beginning of the line to be described; thence South 0 degrees 31 minutes 23 seconds East a distance of 236.51 feet; thence South 89 degrees 35 minutes 09 seconds West a distance of 35.00 feet; thence South 0 degrees 31 minutes 23 seconds East a distance of 70.00 feet to a point on the south line of said Lot 1 distant 185.00 feet westerly from the southeast corner of said Lot 1, and said lot there terminating. DESCRIPTION FOR EASTERLY PARCEL: That part of Lot 1, Block 1, Columbia Court, according to the recorded plat thereof, lying Easterly of a line described as follows: Commencing at the northeast corner of said Lot 1, thence South 89 degrees 56 minutes O0 seconds West, assumed basis for bearings, 150.00 feet along the north line of said Lot 1, to the point of beginning of the line to be described; thence South 0 degrees 31 minutes 23 seconds East a distance of 236.51 feet; thence South 89 degrees 35 minutes 09 seconds West a distance of 35.00 feet; thence South 0 degrees 31 minutes 23 seconds East a distance of 70.00 feet to a point on the south line of said Lot 1, distant 185.00 feet westerly from the southeast corner of said Lot 1, and said line there terminating. 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 $21,648.05 will remain against the Westerly Parcel. Any pending or future assessments will be levied according to the new split as ap- proved this day. PLANNING AND ZONING DEPARTMENT ACTION: Recommending Denial This 5th day of June, 1984. Offered by: Markow Seconded by: Nixon Roll call: All ayes Roy Goranson Zoning Officer James Domoracki Signature of Owner, Notarized 14525 W. Hwy #7, Minnetonka, Mn. 55343 Owner's Address Telephone No. 933-6820 Subscribed and sworn to before me this llth day of June, 1984. Karen Meuleners Notary Public CITY COUNCIL ACTION Passed This 25th day of June, 1984. Offered by: Hovland Seconded by: Petkoff Roll call: Petkoff, Hovland, Carlson, Peterson - aye Nawrocki - nay Bruce G. Nawrocki, Mayor Jo-Anne Student, Council Secretary Regular Council Meeting June 25, 1984 page 6 6. Communications a. Park Board Actions The Council received copies of the Park Board minutes from its last regular meeting. Two requests brought to the Park Board were referred to in the minutes for the Coun- cil's consideration. Motion by Petkoff, second by Peterson to grant permission to Land O' Lakes, Inc. to possess and consume non-intoxicating malt liquor in Sullivan Lake Park on July 24, 1984. Roll call: All ayes Motion by Petkoff, second by Peterson to grant permission to Aid Association for Luth- erans Branch 2244 to possess and consume non-intoxicating~L~ Lake Park on July 25, 1984. Roll call: All ayes A memo was received from the Public Works Director advising the Council why a request from Moorhead Machinery and Boiler Company to consume and possess non-intoxicating malt liquor at Gauvitte Park was denied by the Park Board. RECESS: 9:50 P.M. RECONVENE: 10:25 P.M. 7. Old and New Business a. Old Business 1. Location of Jamboree Carnival The City Engineer noted that due to wet grounds in Huset Park the carnival was ~laced on Jefferson Street between 39th and 40th and on the parking lots in Huset Park ad- jacent to the street. He stated this placement worked very well as there was very little clean up after the Jamboree was over and a minimal amount of patching to be done in the parking lots. It was advised that a report be gotten from the Police Department on this matter. A member of the staff suggested that a member of the Lions Club may be coming to a future Council meeting to request that the placement of the Carnival continue to be as it was this year. b. New Business l. Schools and Conferences There were two requests received from members of the staff to attend conferences. Mayor Nawrocki requested that these items be made part of the work session to be had by the Council on Monday, July 2nd. 2. Siren Maintenance Motion by Peri(off, second by Carlson to authorize the expenditure of $958 from the Civil Defense Budget to retain Midwest Siren Service of Hampton, Minnesota, for the purpose of performing an inspection and routine maintenance of the Columbia Heights' warninq siren system. Roll call: All aves Council member Carlson noted that the City of Minneapolis was changing its service from the telephone lines to radio. The Police Chief had been pursuing this but had some concern with radio signaIs. The Mayor requested this matter be reported on later to the Council. 3. VFW Request to Use Proceeds from the Minnesota Bingo Devices Act Motion by Petkoff, second by Hovland to approve the use of $12,000 of the Building und Savings Account by VFW Post #230 for the purpose of improving the Post's park- ing lot. Roll call: All ayes Regular Council Meeting June 25, 1984 page 7 4. Seal Coat Bid Award Motion by Peterson, second by Hovland to award the seal coating of various streets and alleys in the City of Columbia Heights to Allied Blacktop Company of Maple Grove at the rate of $0.505 per square yard; and furthermore, to authorize the Mayor and City Manager to execute an agreement for same. Roll call: All ayes 5. Establish Salary for Accounting Clerk II (Utilities) Motion by Hovland, second by Peterson to establish $7.05 per hour for Gary J. Aspen, Accounting Clerk II (Utilities) effective July 10, 1984. Mayor Nawrocki stated that the person hired for this position is an accountant who is transferring from the employ of the City of Little Falls, Minnesota. The Mayor felt this position did not need an accountant but would be well served by a person who was experienced in record keeping. He also suggested that this position would be better served if it were filled by someone who had a desire to stay rather than someone whose stated purpose was to complete additional schooling while employeed by the City. The City Manager reviewed the recruitment process and detailed how many people had applied for this position and how many resided in the City of Columbia Heights. Mayor Nawrocki noted that there had been a significant turnover in staff, particularly in this department, and perhaps employee longevity and morale should be reviewed. Roll call: Hovland, Petkoff, Carlson, Peterson - aye Nawrocki - nay 6. Minnegasco Request for a Street Excavation Minnegasco is requesting permission to replace a gas main on 44th Avenue going east to the Boulevard Apartments. Since this area is still under construction Council approval is necessary. This main will service the Boulevard Apartments. The City Engineer is asking that Minnegasco stay behind the curb and to make the Reservoir crossing prior to the area of new street construction. Motion by Peterson, second by Hovland to authorize the street excavation in the area of 44th and Reservoir by Minnegasco. Roll call: All ayes Approval of Previous Minutes (continued) Motion by Petkoff, second by Peterson to reconsider approval of the minutes of the regular Council meeting of June llth. Roll call: All ayes Motion by Hovland, second by Peterson to include Counciimember Petkoff's remarks in the minutes of the June llth Council meeting regarding resident safety and property safeguards in item #6-a-4, University Heights Planned Unit Development Final Development Plan Amendment. Roll call: All ayes 8. Reports a. Report of the City Manager The City Manager's report was submitted in writing. The following items in the report were discussed: 1. Senior Citizen Rates - Utility Charges: It was noted that this item may be coming to the Ceuncil for consideration for a new income level at the next regular Council meeting. 2. City's Bond Rating 3. Sullivan Lake Park Maintenance by Land O' Lake Co-op. 4. Davanni's Restaurant Release of $7,000 Cash Bond 5. Comparable Worth Study - MAMA Membership Joint Effort - The City Manager had in- formed the MAMA Labor Relations Committee Chair that the City of Columbia Heights is interested in participating in the joint effort. It was noted that the cost to the City for this item would be approximately $200. Regular Council Meeting .June 25, 1984 page 8 6. Cable Communications Group W Group W Cable will be initiating a rate increase on or about August 1st. It was noted that the City has control on rates only on the Universal Tier. Members of the staff recently reviewed the financial report of Group W and requested answers in writing to their inquires on the following matters; sales and general adminis- tration costs, distribution of costs from corporate offices, and pre-franchise expenses. 7. Change Order Regarding Purchase of Playground Equipment 8. Legal Opinion Regarding Water Service Connection Repair Additional Items Presented by City Attorney (not included in written report) 1. A permit was issued for 4010 Hayes Street for a duplex. It was noted that thls was issued in error as this area is zoned R-1. The Building Inspector observed that there are other duplexes in the area and will return to the Council with additional information. 2. Mayor Nawrocki noted that the building at 4036 Hayes Street appears to be used as a duplex. The Building Inspector will check this matter out. 3. The City Manager noted that a meeting is scheduled for June 28th with Kraus- Anderson regarding the leasing of space in the new Central Valu Mall by the City. 4. Mayor Nawrocki requested an update on the landscaping and sodding work completed by the contractor in Cheery Heights as the deadline is dune 28th. He also re- quested backup information on the bill. b. Report of the City Attorney City Attorney had nothing to report at this time. There was some discussion regarding the licensing of cabs in the City. 9. Licenses Motion by Carlson, second by Peterson to grant the licenses as requested upon payment of proper fees and to waive the fees for the Columbia Heights Boosters and the Columbia Heights Recreation Department. Roll call: All ayes 10. Payment of Bills Motion by Carlson, second by Peterson to pay the bills as listed out of proper funds. Roll call: All ayes Adjournment Motion by Petkoff, second by Peterson to adjourn the meeting at All ayes 7~Ann-e Student, Co6nc~T-¥ Secretary ~~ cal 1: Bru-c~7 Nawrocki, Mayor