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HomeMy WebLinkAboutMay 13, 1985OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING 13, 1985 The meeting was called to order by Mayor Nawrocki at 7:30 P.M.. 1. Roll Call Hovland, Petkoff, Carlson, Peterson, Nawrocki - present 2. Invocation No Invocation was offered. 3. Minutes for Approval Motion by Hovland, second by Peterson to approve the minutes of the Regular Council Me~ting of April 22 with correction noted, the Board of Review Meeting of May 6th, and the Special City Council Meeting of May 6th as presented in writing and that the reading be dispensed with. Roll call: All ayes 4. Oral Petitions The owner of the property at 4400 Jackson Street told the Council that the noise from the delivery trucks going to the shopping center south of his property is very dis- turbing during the night hours. He i'nquired if this truck noise could be stopped. He was advised that 44th Avenue was a state aid street and the only place where trucks could travel. The property owner also commented on the increase in broken bottles in the area and felt this was a result of the li'quor store in the shopping center. Public Hearin~ - ~lidblock Alley Li'ghtln__g ~etition requesting midblock lighti~ng in the alley between Quincy and Jackson Streets, 44th to 45th Streets, had been received. Staff prepared two proposals for this lighting, one for three 1OO watt lights and the other for three 150 watt lights. The majority of the residents in attendance favored the 150 watt proposal. They were referred to sites in the City where 100 watt and 150 watt lights are located. The City Manager advised them that the 150 watt lights could be changed b¥.N.S.P, to 1OO watt lights with no charge if it was determined the 150 watt lights were too bright. Motion by Peterson, second by Hovland to waive the reading of the resolution there being am~le copies available to the public. Roll call: All ayes RESOLUTION NO. 85-19 BEING A RESOLUTION ORDERING IMPROVEMENTS BE ~T HEREBY RESOLVED by the City Counci'l of the City of Columbia Heights: WHEREAS, the City Council of the City of Columbia Heights by motion on the 8th day of April, 1985, ordered notice of a hearing to be given to property owners, and WHEREAS, pursuant to a notice of hearing certain residents appeared at a Council meeting on the 13th day of May, 1985, and WHEREAS, the Council ~etermines to proceed with this local improvement, a portion of the cost being defrayed by special assessments under Charter provisions. THEREFORE, IT IS HEREBY RESOLVED: 1. That the location and extent of such improvements is as follows: Regular Council Meeting May 13, 1985 page 2 The installation of three (3) 150 watt High Pressure Sodium lights in the alley located between Quincy Street N.E. and Jackson Street N.E. from 44th Avenue N.E. to 45th Avenue N.E. 2. That the materials to be used are as follows: N.S.P. poles, electrical illuminares, and miscellaneous materials. That a careful estimate of the cost of the improvements has been made by the City Manager and the several lots and parcels of land fronting upon and adjacent to such proposed improvements, which be deemed benefited thereby, were properly notified of said hearings, and 4. That the City Manager shall also list the names and owners of the several parcels so improved as nearly as can be ascertained. 5. These improvements shall also be known as Project No. 677 - Area 15. Passed this 13th day of May, 1985. Offered by: Carlson Seconded by: Hovland Roll call: All ayes o-Anne Student, Council Secretary Bruce G. Nawrocki, Mayor Motion by Petkoff, second by Carlson to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes RESOLUTION NO. 85~20 Adopting assessment roll for the following local improvement and determining said imp- rovement will be made and ratifying and confirming all other proceedings, heretofore had: Special Assessment for midblock alley lighting numbered 677 - Area 15. WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 7:30 P.M. on the 13th day of May, 1985, in the City Council Chambers, 590 40th Avenue N.E., Col- umbia Heights, Minnesota, being the time and place set when and where all persons interested could appear and be heard by the Council with respect to benefits, and to the proportion of the cost of making the local improvement above described, a notice of such hearing having been heretofore duly published as required by law, and a notice mailed to each property owner of record, stating the proposed amount of the assessment; and, WHEREAS, this Council has heretofore estimated the cost of such local improvement and has prepared an assessment roll therefore, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES: ection l: That this Council does hereby adopt the aforesaid assessment roll known and described as "Assessment Roll for Local Improvements" numbered 677 - Area 15 for midblock alley lighting. Section 2: That this Council hereby finds and determines that each of the lots and parcels of land enumerated in said assessment roll was and is especially Regular Council Meeting May 13, 1985 page 3 assessed against each lot or parcel of land is the amount as billed annually by Northern States Power plus an administration fee. Section 3. That the annual installment shall be paid in full without interest on or before September 15, 1986, and in annual installments thereafter, as long as the alley midblock lights are in place. Failure to pay the annual installment renders the same delinquent and thereafter a 10% penalty is added and the said delinquent special assessment is certified to the County for collection with the real estate tax. Section 4: That this Council did hereby determine and redetermine to proceed with said improvement, does ratify and confirm all other proceedings heretofore had in regard to this improvement, and said improvement shall hereafter be known and numbered 677 - Area 15 for midblock alley lighting. Section 5. This resolution shall take effect immediately upon its passage. Passed this 13th day of May, 1985. Offered by: Petkoff Seconded by: Peterson Roll call: All ayes Jo-Anne Student, Council Secretary Bruce G. Nawrocki, Mayor 5. Ordinances and Resolutions a. Second Reading of Ordinance No. ll03, Pertaining to Single Event Club Beer License Motion by Hovland, second by Peterson to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes ORDINANCE NO. 1103 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO SINGLE EVENT CLUB BEER LICENSE The City of Columbia Heights does ordain: Section l: 65.509 of OrdinanceNo. 853, City Code of 1977, passed June 25, 1977, which is currently reserved shall hereafter read as follows, to-wit: 5.5o9 On-sale licenses for the sale of non-intoxicating malt liquor may be issued to bona fide clubs, as defined herein, for a single event as set forth in this section. 5.5o9 (2) License applicants under this section shall include a statement providing the following: a. Name and address of club. b. Sketch of an area plan depicting th~ size, location and nature of the premises planned to be used along with a depiction of its relationship to adjacent premises. c. Statement of applicant's plan for policing the premises. d. Applicant's plan for preventing the sale of non-intoxicating malt liquor Regular Council Meeting May 13, 1985 page 4 5.509 (3) 5. 509 (4) 5.509 5.509 (6) to operators of rides and concessions, if applicable. e. The true name of the person in charge, o f. Place and date of birth of the person in charge. g. Residence street address of the person in charge of the liquor operation and whether the person in charge of the liquor operation is married or single. If married, the true name and place and date of birth and re- sidence street address of the person in charge's spouse. h. Statement showing applicant's plan for cleaning the premises. i. Executed signature of an officer of the corporation. The Council may, at its option, require a license applicant to include a statement providing the followinq~ a. Date of Incorporation of club. b. Certified copy of the Articles of Incorporation. c. Certified copy of the By-laws of the club, including therein a definition of the work "member" d. A list of the membership. e. A copy of the Charter, if any. f. List of corporate officers and Board of Directors. g. A copy of Resolution of the club appointing a person to be in full charge of liquor operation. h. Description of off-street parking that is available. i. Zoning of land on which the proposed activity will take place. j. Statement showing that applicant has permission to use the premises on which the activity is proposed. k. Applicant's plan for preventing the sale of non-intoxicating malt liquor to operators of rides and concessions. 1. Proof of insurance in accordance with ~5.503(15). "Bona fide club" as used in this section is defined as any organization which meets the criteria of ~5.501 (1) or is a church physically located with the City. The Clerk shall refer the application on the Chief of Police for an inves- tigation of whether or not the applicant has any criminal record and report thereon. The application shall also be referred to the Chief of the Fire Prevention Bureau and the Building Inspector for a report indicating whether the said premises to be licensed are i.n compliance with applicable ordinances and regulations. A public hearing shall then be held .before the Council, at which time the application for a license shall be considered. The Council may accept or reject the license application in its discretion upon completion of the public hearing, subject to the following criteria: a. No license shall be issued to any applicant who is unable to demonstrate that applicant has permission to use the premises proposed to be licensed on the date(s) for which the license is sought. 'Regular Council Meeting May 13, 1985 page 5 5.509 (7) b. No license shall be issued to any club who has a member convicted of a violation of any law directly related to the sale, possession, manu- facture or transportation of beer or liquor, subject to the provisions of Minnesota Statutes Chapter 364. c. No license shall be issued unless the applicant shall have made adequate plans and provisi.ons to keep the beer within the premises and to clean up the premises after conclusion of the event. d. No license shall be issued unless the applicant has first paid an ap- plication fee, license fee, and clean up deposit fee in an amount set by Resolution of the Council. In the absence of a Resolution, the ap- plication fee shall be $500.00, the license fee shall be $100.00 per day or portion thereof, and the clean up deposit fee shall be $500.00. The clean up deposit less the City's cost of clean up and administration shall be returned to the applicant. Licenses granted pursuant to the provisions of this Chapter shall be subject to the following conditions: No licensee or his agent may sell or permit the sale of beer licensed to be sold under this section between the hours of 1:00 A.M. and 8:00 A.M. on any weekday, Monday through Saturday, inclusive; nor on Sunday between the hours of 1:00 A.M. and 12:O0 noon; nor between the hours of 1:00 A.M. and 8:00 P.M. on the day of any statewide election. No licensee or his agent or any other person shall consume or allow to be consumed on the licensed premi'ses any beer between the hours of 1:30 A.M. and 8:00 A.M.. Should the Council decide to additionally restrict the hours of sale in granting the license, no licensee or his agent may sell or permit the sale of beer at any time not specifically allowed in such license. b. All licensees under this section shall allow the business premises to be inspected by police or health officials at any time during which the premises are open to the public for business. c. All licensees under this section shall maintain the sanitation conditions prescribed by 5.301 that are applicable to the serving of beverages. d. No person under the age of nineteen (19) years shall be employed on a premises licensed to sell beer "'on-sale'', to draw or serve beer. e. No person or customer, other than the licensee and his employees, may remain in any licensed premises after one half hour after closing. f. No licensee or his agent shall serve beer to a minor. g. No licensee or his agent shal) make or permit a sale of beer to a minor or to any obviously intoxicated person. h. No licensee or his agent shall permit or allow any person to take beer from the licensed premises without the permission of the Council. i. No licensee or his agent shall serve beer in any glass or metal container. Regular Council Meeting May 13, 1985 page 6 j. When a beer license is granted in conjunction with an event at which a carnival is operating, no licensee or his agent shall make any sale of beer to any person who operates any ride or concession at such carnival. 5.509 (8) Any person violating any provision of this section shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than $700.00 and inprisonment for not more than ninety (9~) days. Section 2: 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: April 22, 1985 May 13, 1985 May 13, 1985 Offered by: Hovland Seconded by: Peterson Roll call: All ayes Jo-Anne Student, Council Secretary Bruce G. Nawrocki, Mayor b. Resolution No. 85-21 Adopting Changes in Non-Union Salary Ranges Motion by Petkoff, second by Hovland to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes RESOLUTION NO. 85~21 ADOPTING CHANGES IN NON-UNION GROUP SALARY RANGES, ESTABLISHING SALARIES FOR NON- UNIONIZED CITY POSITIONS, AND CHANGING EMPLOYER'S CONTRIBUTIONS TO FRINGE BENEFITS WHEREAS, the City of Columbia Heights adopted a Wage Compensation Program for Non- - Unionized City Employees effective January 1, 1980 (Resolution 80-47), which indicated that on an annual basis changes will be adopted in Group Salary Ranges based upon re- liable survey data; and, WHEREAS, the City of Columbia Heights annually reviews the Employer's share for various insurance programs for its non-unionized employees to compare what is paid for other employee groups in the City; NOW, THEREFORE, BE I'T RESOLVED that the City of Columbia Heights establishes salary ranges for groups of non-unionized supervisory City positions and non-unionized super- visory City positions and non-unionized managerial, essential, and confidential City positions, as indicated on Schedules A & B which are on file in the Office of the City Manager, effective January I, 1985; and, BE IT FURTHER RESOLVED that the City of Columbia Heights establishes the salary for specific non-unionized City employee positions to be effective upon such affected City employee fulfilling the requirements specified in the Wage Compensation Program for a salary change for such employee; and, IT FURTHER RESOLVED that the City of Columbia Heights establishes the Employer's Reguiar Council Meeting May 13, 1985 page 7 lhare of non-unionized supervisory and non-unionized managerial, essential and confidential employees' insurance programs, effective January 1, 1985, at $155.OO per month. Passed this 13th day of May, 1985. Offered by: Petkoff Seconded by: Peterson Roll call: All ayes Jo-Anne Student, Council Secretary Bruce G. Nawrocki, Mayor c. Resolution No. 85-22 Prohibiting Charitable Gambling Motion by Peterson, second by Carlson to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes RESOLUTION NO. 85-22 BEING A RESOLUTION PROHIBITING CHARITABLE GAMBLING BY NATIONAL MULTIPLE SCLEROSIS SOCIETY AT DAVE'S BAR BE IT HEREBY RESOLVED BY THE CITY OF COLUMBIA HEIGHTS that charitable gambling, as described in ~innesota Statutes Chapter 326, and as further restricted in Resolution 85-19, by the National Multiple Sclerosis Society at Dave's Bar shall be prohibited. ~dopted this 13th day of May, 1985. Offered by: Peterson Seconded by: Carlson Roll call: All ayes Jo-Anne Student, Council Secretary Bruce G. Nawrocki, Mayor d. Resolution No. 85-23 Lotsplit of 1021 42nd Avenue N.E. Motion by Petkoff, second by Ho¥1and to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes RESOLUTION NO. 85-23 SUBDIVISION REQUEST CITY OF COLUMBIA HEIGHTS 590 40TH AVENUE N.E. Fee $10.OO Date Paid: 4-2-85 Receipt No.: 12367 I, Joseph M. Check, und. ½ interest and Mary Hruska, John Kravetz, Dorothy Bishop, Anne C. Robertson, and Kathryn Holme und. 1/10 interest each, hereby request a split of P.I.N. 36 30 24 23'0064 Legally described as:' The West ½ of Lot 38, Block 3, Reservoir Hills, Except the South 5 feet, Subject to o easement to City of Columbia Heights over North 30 feet 8/5/66, Anoka County, Minnesota. The description henceforth to be: 1. The West 55 feet of the North 165 feet of Lot 38, Block 3, Reservoir Hill, Anoka Regular Council Meeting May 13, 1985 page 8 County, Minnesota. Subject to easement to City of Columbia Heights over North 30 feet. 2. The West 55 feet of Lot 38, Block 3, Reservoir Hills, Anoka County, Minnesota, except the North 165 feet thereof and also except the South 5 feet. 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 $2,512.22 be applied to the North portion only, as described in number one (1) above. Any pending of future assessments will be levied according to the new split as approved this day. Any lot split given approval shall become invalid if the resolution, motion or other Council action approving the said lot split is not filed with the County Auditor within one (1) year of the date of the Council action. PLANNING AND ZONING DEPARMENT ACTION: Joseph M. Check ½ interest APPROVED This 7th day of May, 1985. ~ffered by: Nixon Seconded by: Peterson Roll call: All ayes Joseph M. Check Signature of Owner, Notarized 4420 Churchill Street, Shoreview, Mn. Owner's Address 55112 Telephone No. 483-5962/887-8094 LeRoy Goranson Zoning Inspector SEE ATTACHMENT "A" FOR ADDITIONAL OWNERS CITY COUNCIL ACTION: APPROVED This 13th day of May, 1985 Subscribed and sworn to before me this 2nd day of April, 1985. Karen Meuleners Notary Public Offered by: Petkoff Seconded by: Hovland Roll call: All ayes Bruce G. Nawrocki, Mayor Jo-Anne Student, Council Secretary 6. Communications a. Planning and Zoning Commission 1. Bishop Buffets, Inc. 4005 Central Avenue N.E. ciShop Buffets, Incorported is requesting a conditional use permit to allow for the onstruction and operation of a 265 seat restaurant in the south end of the Columbia Heights Mall. A staff member of the HRA reviewed the proposal with the Council. Members of the Council expressed concern with the location of the dumpster which would service this resturant. A representative of the corporation indicated an alternative location Regular Council Meeting May 13, 1985 page 9 the dumpster and the Council was agreeable to this location. The rental agent for the mall also agreed to this location. Mayor Nawrocki noted that there had been many favorable comments from residents regarding this restaurant. Motion by Peterson, second by Hovland to grant the conditional use permit for Bishop Buffets, Incorporated at 4005 Central Avenue with the understanding that the dumpster will be located at the indicated place. Roll call: Ail ayes 2. Steven and Donna Staats, 4134 Polk Street - Variance Motion by Petkoff, second by Hovland to grant a 10.82' rear yard setback variance for the construction of a 24' x 24' addition to the existing detached garage at 4134 Polk Street based upon recommendation of the Planning and Zoning Commission. Roll call: All ayes 3. Mitchell Bliss, 608 40th Avenue - Conditional Use Permit This request is to allow the operation of a day care center for 20 children at 608 40th Avenue N.E.. Motion by Peterson, second by Hovland to grant a conditional use permit to Mitchell Bliss for a day care center at 608 40th Avenue provided the missing portion of the fencing is installed and all code requirements are met and based upon the recommendation of the Planning and Zoning Commission. Roll call: All ayes b. Traffic Commission Minutes of the May 6th Traffic Commission meeting were distributed for informational purposes. Old and New Business a. Old Business 1. ~equest from Construction Wholesalers, I~nc.. -. Conditional Use Permit The City Attorney prepared a development agreement and the staff retained the services of a structural engineer, for this project. The structural engineer addressed his find- ings specifically with regard to the overflow devices which were of concern to members of the Council. The City Attorney reviewed the development agreement and the letter of credit. He advised the Council of an omission in the agreement which was numbered 4.2 and ad- dressed procedures which would be followed in the case of a default by the owner. The owner of Construction Wholesalers, Inc. reviewed the documents as well and had question with that point in the documents which concerned certification of the con- struction and maintenance of warning, shut-off, and overflow devices which assure that fly ash will not be stored beyond the approved depth. Mayor Nawrocki stated this is his primary concern and that in the interest of public safety and the prOtection of residents in the area, this point is necessary to the agreement. A brief discussion was held regarding the consideration of making this area and part of an adjacent area into a tax increment district. The HRA's Community Development Specialist felt the Cargill property should not be included in this district. Motion by Peterson, second by Hovland to grant approval of the Conditional Use Permit for Construction Wholesalers, Inc. subject to the following conditions: 1. That Construction Wholesalers, Inc. and the City of Columbia Heights enter into a Ievelopment and Letter of Credit Agreement in a form agreeable to the City to assure roper and timely site development before, during and after commencement of occupancy of the site. -~egul~r Council Meeting May 13, 1985 page lO That Construction Wholesalers, Inc. comply with all the terms of the said Development and Letter of Credit Agreement including the schedules set forth therein. 3. That Construction Wholesalers, Inc. will use only the three 45 foot diameter by ll8 foot high silos and the large silo adjacent to these marked "Cap B-4" in the site plan dated February 26, 1985. 4. That Construction Wholesalers, Inc. will not use the large steel storage facility east of Fifth Street for storage without returning to the City of Columbia Heights to obtain another Conditional Use Permit for such use. However, the large steel tank on said property must be either painted or removed and the landscaping completed for the said property east of Fifth Street on or before duly 1, 1987. 5. That Construction Wholesalers, Inc. will comply with the requirements of the Pol- lution Control Agency regarding dust control and collection and removal of PCB's or any soil contaminants. 6. That Construction Wholesalers, Inc. must comply with all the applicable performance standards of the Columbia Heights City Code, including noise regulation. 7. That Construction Wholesalers, Inc. will not commit any act which would allow the property within the site to be divided for tax purposes such as selling a portion of the site or paying taxes in only a portion of the property within the site. That Construction Wholesalers, Inc. must install and maintain all landscaping in cordance with the landscaping plan,.except that all Marshall Ash trees should be a minimum of 2½" in diameter and three additional trees must be installed along Fifth Street in the area of the former truck dump. 9. That Construction Wholesalers, Inc. must comply with the recommendations of the Public Works Department as detailed in the memorandum of March 1, 1985, from Tom Madigan, Assistant City Engineer. 10. That Construction Wholesalers, /nc. must comply with the recommendations of the Traffic Commission, abide by the terms of the temporary and permanent traffic cir- culation plan arrangement, and may not use the temporary traffic plan for more than one year. All truck drivers must be properly instructed on proper entry and departure routes to and from the terminal. Adequate signs must be posted to direct traffic in and out of the site in accordance with the proper circulation Dl~n. ll. That all unloading and loading of vehicles take place off the City right of way. 12. That Construction Wholesalers, Inc. shall perform a detailed field investigation of both the interior and exterior of all silos, tanks and bins to be used for storage of fly ash. A report on that investigation prepared and certified by a Registered Professional Engineer shall be submitted to the City for review. The report shall in- clude a description of any cracking or distressed areas noted in the structures and shall include any recommendations for. necessary repairs. Necessary repairs shall be completed before the structures may be used. · That Construction Wholesalers, Inc. shall, prior to using the structures, submit to the City for review by their engineers a set of complete structural calculations Regular Council Meeting May 13, 1985 ge 11 prepared and certified by a Registered Professional Engineer. These calculations shall indicate all of the pirameters used for the stored materials along with the design assumptions. The calculations shall show the pressures exerted on the walls of the fly ash and shall include an analysis of the existing walls to confirm their capability of sustaining the resulting pressures. The final depth of the fly ash to be stored in ~ each bin will be based upon approval of the calculations submitted by Construction Wholesalers, Inc. 14. That prior to the use of the structures, Construction Wholesalers, Inc. shall submit to the City for review by its engineers a complete set of plans prepared and certified by a Registered Professional Engineer for construction and maintenance of warning, shut-off, and overflow devices to assure that fly ash will not be stored beyond the approved depth. Construction Wholesalers, Inc. shall install and maintain such devices in good working order. Roll call: Hovland, Petkoff, Carlson, Peterson - aye Nawrocki - nay 2. Cargill, Inc., 3701 Fifth Street Request for Lot Split A representative of Cargill, Inc. said the subdivision of their property was not con- tingent on the disposition of Construction Wholesalers, Inc. and its project. Motion by Carlson, second by Hovland to waiYe the reading of the resolution there being ample copies available to the public. Roll call: All ayes RESOLUTION NO. 85-24 SUBDIVISION REQUEST Fee $10.00 Date paid: 3-1-85 Receipt No: 12262 I, Donald Dudziak, plant manager for Cargill, Inc. hereby request a split of P I N 35 30 24 34 0005 Legally described as: Attachment A P I ti 35 30 24 34 0005 Plat No. 32681 Parcel No. 1000 Auditor's subdivision number 50 Lots 6, ? & 8, Aud Sub 50. -Subj to Easements over N 9 feet of Lot 7 Aud. Sub. 50 for driveway purp - and the pt of 37th Ave N.E. desc as fol. beg at a pt on S line of Lot 8 Aud sub 50 dist 131.5 ft w from se corn, th w along s line thereof 40 ft, th s at rt angles 11.25 ft, the e 40 ft to a pt on a line drawn from pt of beg & at rt angles with s line of Lot 8 Dist. 11.3 ft s from sd pt of beg, th n 11.3 ft to pt of beg being a pt of se 1/4 of sw 1/4 sec 35 30 24, also Lots 23, 24, 25, 26, 27 & 28, Blk 89 Col Hts Annex, and the n 1/2 of the vacated alley lying sly of sd lots & between the sly extension of the e line of sd Lot 23 & w line of said lot 28, and Lots 32, 33, 34, 35, 36, 37, 38 & 39, sd blk 89 and the s 1/2 of the vacated alley lying nly of sd lots & between the nly extension of the e line of sd Lot 39 & the w line of sO Lot 32, all in Col Hts Annex. -~ubj to spur tracks ease over Lots 35 & 36 recorded 1/26/62- also Lots 40 & 41, Blk 89; £ol Hts Annex. The description henceforth to be: }. Lots 6, 7 & 8, Auditor's Subdivision Number 50; subject to easement over N.9' ,f Lot 7 for driveway purposes - and that part of 37th Avenue N.E. described as following, beginning at a poi'nt on the South line of Lot 8, Aud. Sub. #50 a distance 131.5' West from Southeast corner, thence West along South line thereof 40', thence South at right angles 11.25', Thence East 40' to a point on a line drawn from point · Regul.ar Council Meeting May 13, 1985 page 12 beginning and at right angles with South line of Lot 8 distance 11.3' South from said point of beginning, thence North 11.3' to point of beginning a point of South- east ¼ of Southwest ¼ section 35 30 24. Also Lots 32, 33, 34, 35, and the point west 10.00 feet of Lot 36, Block 89, Columbia Heights Annex to Minneapolis, and the South ½ of the vacated alley lying adjacent thereto, Anoka County, Minnesota. Subject to spur track easement over Lots 35 and 36, Block 89, Columbia Heights Annex to Minneapolis recorded 1/26/62. 2. Lots 23, 24, 25, 25, 27 and 28, Block 89, Columbia Heights Annex to Minneapolis, and the North ½ of the vacated alley lying Southerly of said Lots and between the Southerly extension of the East line of said Lot 23 and West line of said Lot 28, and Lots 36, 37, 38, 39, 40 and 41, Block 89, Columbia Heights Annex to Minneapolis, ~noka County, Minnesota, and the South ½ of the vacated alley lying Northerly of said lots and between the Northerly extension of the East line of said Lot 39 and the West line of said Lot 36, EXCEPT the West 10 feet of Lot 36, Columbia Heights Annex to Minneapolis. Subject to spur track easement over Lot 36, Block 89, Columbia Heights Annex to Min- neapolis recorded 1/26/62. 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 $570.28 be divided. Paid. Any pending or future assessments will be levied according to the new split as ap- proved this day. i~CnY lot shall become invalid if the motion split given approval resolution, or other ouncil action approving the said lot split is not filed with the County Auditor within one (1) year of the date of Council action. PLANNING & ZONING DEPARTMENT ACTION: Approved This 25th day of March, 1985. Offered by: Peterson Seconded by: Nixon Roll call: All ayes Ro.y Goranson Zoning Officer CITY COUNCIL ACTION: Donald Dudziak Signature of Plant Manager Cargill, Inc. 3700 Fifth Street N.E. Col. Hts. Owner's Address Telephone No. 781-7280/475-6281 Subscribed and sworn to before me at this 1st day of March, 1985. Karen Meuleners Notary Public Approved This 13th day of May, 1985. Offered by: Seconded by: toll call: Peterson Hovland Hovland, Petkoff, Carlson, Peterson - aye Nawrocki - nay Bruce G. Nawrocki, Mayor Jo-Anne Student, Council Secretary .Regular Council Meeting May 13, 1985 page 13 ion by Peterson, second by Carlson to authorize the Mayor and City Manager to execute a development agreement with Construction Wholesalers, Inc. as well as the letter of credit subject to the fourteen conditions stipulated in the development agreement as outlined in the City Attorney's memo. Roll call: Hovland, Petkoff, Carlson, Peterson - aye Nawrocki - nay 3. Umbrella Insurance for City of Columbia Heights The Insurance Commission had received a letter from an insurance company who presently handles some of the City's insurance ccverage recommending an appropriate amount of coverage. The Finance Director advised the Council that the Commission basically agreed with the recommendation. The Commission will be meeting again before the next Council meeting and will prepare a formal recommendation. The City Manager also referred to a letter received from the MTC regarding its requirements for insurance coverage for one of their buses used by the City. He anticipated there may be a problem with the insurance coverage. 4. Invest Castings, 716 39th Avenue - Building Permit Invest Castings is requesting a building permit for the building located at 716 39th Avenue. They were advised that a site plan must be submitted to the Planning and Zoning Commission for its inspection and its ultimate recommendations regarding the plan to the City Council. The President of Invest Castings explained the operation and expressed some urgency in starting operation since his previous operation had been halted by a fire, The Mayor had viewed his other operation before the fire and e×pressed considerable disapproval with its appearance, expecially with the materials left outside of the building. The President stated no materials would remain outside the building on 39th Avenue and reviewed with the Council.what he planned on doing inside of the building as well as general operating procedures. Staff advised him of potential problems already in need of addressing; parking, loading docks, landscaping and rear access. There was some discussion regarding the use of the building for the last eight months. The City Manager noted that metal was last poured in the facility in October, 1984 and the water was turned off on October 25, 1984. It was the contention of the City Manager that since October the bui'lding had been used as a warehousing facility and not as a foundry. The City Engineer also said the access problem could also involve a snow removal problem. Invest Castings President felt he could make other arrangements for employee and patron parking and indicated he felt the facility had recently been used as a foundry. Councilmembers Petkoff and Peterson stated they felt the Council on occasion makes it difficult for new businesses to come into the City. Invest Castings was advised to prepare a site plan for presentation at the June 4th Planning and Zoning Commission meeting with the intent that the Commission's recom- mendations could be on the June lOth City Council agenda. The City Manager stated that the building permit would be issued with the understanding that the recommendations of the Planning and Zoning Commission and the action of the Council would directly impact on that building permit after their two respective meetings. The Plant Manager for Grief Brothers advised the Council that he is dealing with a heavy equipment mover who is interested in renting some of Grief Brothers space for storage of some of' Invest Castings equipment. The potential renter stated he is planning on renting 22,000 square feet of space and would like to know what action will be taken. The Council could not take any action at this point in time. ORECESS: ll:05 P.M. RECONVENE: 11:25 P.M. Reguiar Council Meeting May 13, 1985 page 14 New Business 1. 1985-86 College Work-Study Agreement - Urban Corps This program places college students and other students in internships in government and non-profit agencies. There was discussion regarding the use of the program by the City in the past, proposed use, and who would qualify for the program. ~ Motion by Peterson, second by Hovland to authorize the Mayor and City Manager to execute an agreement between the City of Columbia Heights and the City of Minneapolis for par- ticipation in the Urban Corps Program. Roll call: All ayes 2. Contract for Assistant Week Inspector Services Motion by Carlson, second by Hovland to authorize the Mayor and City Manager to execute an agreement with Mr. Walter Logacz as Assistant Weed Inspector for a fee of $2,000. The Mayor inquired if this authorization is needed every year and the City Manager sug- gested it is preferable to do on an annual and contract basis. Roll call: All ayes 3. Election Ballot Tabulation The Finance Director explained the Joint Powers Agreement for developing an election ballot tabulation system. It is hoped that this equipment will be in place for the primary election in 1985. Motion by Petkoff, second by Peterson to authorize the Mayor and City Manager to exe- cute a Joint Cooperative Agreement width the cities of Blaine, Coon Rapids, and Fridley for the purpose of pursuing the operation of and the purchase of punch card ballot counting equipment. Roll call: All ayes Purchase of Equipment for New Fire Truck Moiton by Carlson, second by Hovland to authorize the City Manager to expend funds for the purchase of various fire fighting equipment for the new fire truck from Clarey's Safety Equipment in the amount of $2,463.52 based upon low quotation received. Roll call: All ayes 5. Award of Bids a. 1985 Tree Removal Contract Motion by Petkoff, second by Peterson to award the City's 1985 tree removal contract to Bluemel's Tree Service on a unit price basis of $7.20 per inch diameter to remove a tree and $1.00 per inch diameter to remove a stump, based upon low bid received; and furthermore, that the Mayor and City Manager be authorized to execute an agreement for same. Roll call: All ayes b. Miscellaneous Concrete Work Motion by Hovland, second by Carlson to award the City's miscellaneous concrete work for projects #8414 and #8500 to Halvorson Construction Company of Anoka based upon low bid in the amount of $28,629.44; and furthermore, that the Mayor and City Manager be authorized to execute agreement for same. Roll call: All ayes c. Sanitary Sewer Improvements on 43rd Avenue Motion by Hovland, second by Carlson to award Project #8412, Sanitary Sewer Improve- ments on 43rd Avenue, to Olson Plumbing of Columbia Heights in the amount of $13,995 based upon low formal bid; and furthermore, that the Mayor and City Manager to ~uthorized to execute an agreement for same. Roll call~ All ayes 6. Renewal of Engineering Agreement with City of St. Anthony Motion by Petkoff, second by Hovland to authorize the Mayor and City Manager to execute an agreement with the City of St. Anthony for supplemental engineering services. Roll call: All ayes .Regu'lar Council Meeting May 13, 1985 page 15 · Disposal of City Property The City Manager advised the Council that a Police Department vehicle had been damaged and would cost approximately $2,500 for repair which is less than the value. He re- quested authorization to dispose of this vehicle in an appropriate manner. Motion by Carlson, second by Peterson to authorize the disposal of the 1980 four door Chevette assigned, to the Police Department. Roll call: All ayes 8· Completion of the 1984 Audit The Council was advised that the 1984 Audit has not yet been completed as the Auditor left for another commitment. He is expected to return before the end of May. 9. Computer Purchases The Finance Director and the City Accountant presently are reviewing proposals for computer equipment. 10. Cable Commission Meeting A date is yet to be selected for a meeting of representatives of the Council and of the Cable Commission. ll. Hilltop Agreement Staff had previously been authorized to negotiate an a§reement with the City of Hilltop regarding further development of the 45th Avenue Shopping Center. Copies of the agre- ement were distributed to the Council and discussed. Motion by Peterson, second by Petkoff to authorize the Mayor and City Manager to enter into an agreement with the City of Hilltop for further development of the 45th Avenue ing Center. Roll call: All ayes 12. Citizen Complaint Mayor Nawrocki requested staff to investigate a complaint received from a property owner regarding traffic noise on 44th Avenue near dackson Street. 8. Reports a. Report of the City Manager The City Manager's report was submitted in written form and the following items were discussed: 1. Recycling: expenses of the recycling center to date, platform building, fencing and amount of patronage were discussed. 2. Easement on 39th Avenue: The City Manager apprised the Council as to the status of acquiring an easement or property for the proposed road from Murzyn Hall parking lot to 39th Avenue. 3. The Council was advised as to the status of a water problem experienced by a property owner and that all insurance companies had refused the claim. b. Report of the City Attorney The City Attorney had nothing to report at this time. .Regu.'l~r Council Meeting May 13, 1985 page 16 Licenses Motion by Hovland, second by Peterson to grant the licenses as listed upon payment of proper fees and that the fees for the Immaculate Conception Church Fun Fest be waived and that the taxicab vehicle license for James LeTourneau be granted con- tingent upon a vehicle inspection. Roll call: All ayes .10. Payment of Bills Motion by Peterson, second by Carlson to pay the bills as listed out of the proper funds. Roll call: All ayes .Adjournment Motion by Hovland, second by Peterson to adjourn the meeti All ayes J~/Anne Student, Council Secretary I: . , I call: Bruc~c~. Nawrocki ,' 'Mayor