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