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HomeMy WebLinkAboutJan 14, 1985OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL P~GULAR COUNCIL MEETING JANUARY ~', 1985 The meeting was called to order by Mayor Nawrocki at 7:B0 PM. Hovland, Petkoff, Carlson, Peterson, Nawrocki- all present. 2. Invocation There were no ministers available to offer an invocation. Minutes of Previous Meetings Motion by Peterson, second by Hovland to approve the minutes of the Regular City Council Meeting of December 17th, and the Special Public Hearing of December 26th as presented in writing and that the reading be dispensed with. Roll Call: All Ayes. Oral Petitions a. Mr. George Marko, VFW Post 230 Mr. George Marko, Gambling Chairman of VFW Post 230, appeared before the Council requesting permission to apply for a gambling license from the Charitable Gambling Control Board. By law, the City Council or local governing body is required to acknowledge receipt of the notice of appli- cation. As no objections were voiced by the Council, the Mayor executed the application acknowledging receipt of the notice. Mr. Marko also requested that Council authorize Post 230 to transfer monies from the gambling building fund to a special account for future use. Motion by Petkoff, second by Peterson to allow the Columbia Heights VFW Post 230 to move the gambling building fund monies which are in existence February 28, 1985, to a special fund for future use. Roll Call: All Ayes. b. Joseph Burgoyne, Pizza On Wheels Mr. Burgoyne requested the Council to consider his license application for Pizza On Wheels. He was advised this matter was on the agenda and was scheduled for discussion later in the meeting. 5. Ordinances and ~esolutions a. Second Reading of Ordinance No. 1098; being an ordinance for the vacation of the public walkway Adoption of this ordinance would allow the transfer of a 7' strip along the southwest side of Midwest Federal's property for exchange of a 14' strip to the rear of the lot. Motion by Carlson, second by Petkoff to waive the reading of the ordinance there being ample copies available for the public. Regular Council Meeting Page 2 January 14, 1985 0HDINANCE NO. 1098 BEING AN O~DINANCE FOR THE VACATION OF THE PUBLIC WALKWAY LYING SOUTHWESTERLY OF THE SOUTHWESTERLY LINE OF LOT 10, BLOCK 1, CIRCLE TERRACE 2ND ADDITION AND WHICH ALSO LIES NORTHEASTERLY OF THE NORTHEASTERLY LINE OF LOT 1, BLOCK 1, CIRCLE TERRACE AND OUTLOT 3, CIRCLE TERRACE 2ND ADDITION, ACCOHDING TO THE PLATS OR MAPS OF RECORD IN THE OFFICE OF THE COUNTY RECORDER IN AND FOR ANOKA COUNTY, MINNESOTA. The City of Columbia Heights Does Ordain: Section 1: That the City of Columbia Heights does hereby vacate the following described property: That certain public walkway which lies southwesterly of the southwesterly line of Lot 10, Block 1, Circle Terrace 2nd Addition and which also lies northeasterly of the northeasterly line of Lot 1, Block 1, Circle Terrace and Outlot 3, Circle Terrace 2nd Addition, according to the plats or maps of record in the office of the County Recorder in and for Anoka County, Minnesota. Section 2: The Mayor and City Manager are herewith authorized to execute a Quit Claim Deed conveying said parcel. Section 3: The purchase price shall be One Thousand Seven Hundred Eighty Two and no/100 Dollars ($1,782.00). Section 4: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: December 17, 1984 Second Reading: January 14, 1985 Date of Passage: January 14, 1985 Offered By: Carlson Seconded By: Peterson Roll Call: All Ayes Bruce G. Nawrocki, Mayor Bonnie Jewett, Secretary Pro-Tem b. Second Reading of Ordinance No. 1099; regulating gambling devices Adoption of this ordinance will amend the City Code to be consistent with state statutes regarding regulation/licensing of gambling devices. Motion by Peterson, second by Carlson to waive the reading of the ordinance there being ample copies available for the public. Roll Call: All Ayes. ORDINANCE NO. 1099 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, REGULATING GAMBLING DEVICES The City Council of the City of Columbia Heights does ordain: Regular Council Meeting Page 3 January 14, 1985 Section 1: Section 5.410 of Ordinance No. 853, City Code of 1977, passed June 23, 1977, which reads as follows, to-wit: "No person shall operate a gambling device or conduct a raffle, as hereinafter defined, without a license issued pursuant to the provisions of this chapter." "Minnesota Statute §349.26, entitled Gambling Devices, together with all amendments thereto through 1978, is hereby adopted by reference as if fully set forth herein." "The Council may by unanimous vote waive the bond requirement of the gambling manager." "The annual license fee shall be two hundred dollars ($200.00), ubject to amendment by resolution of the Council pursuant to 5.103(5)." is hereby repealed. Section 2: This ordinance shall be in full force and effect from and after March 1, 1985. First Reading: December 17, 1984 Second Reading: January 14, 1985 Date of Passage: January 14, 1985 Offered By: Carlson Seconded By: Peterson Roll Call: All Ayes Bruce G. Nawrocki, Mayor Bonnie Jewett, Secretary Pro-Tem c. Resolution 85-; Supporting Designation of Anoka County Airport as an Intermediate Airport This item was tabled from December 17, 1985. The resolution was prepared based upon recommendations from the Anoka County Chamber of Commerce. As no agreement for support was reached by the Council due to concerns re- garding future flight patterns and potential noise levels, this resolution was tabled indefinitely. d. Resolution 85-01; Designating Director and Alternate Director to Suburban Rate Authority Motion by Carlson, second by Peterson to waive the reading of the resolution there being ample copies available to the public. RESOLUTION 85-01 RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN RATE AUTHORITY Be it resolved by the City Council of the City of Columbia Heights, Minnesota, as follows: Regular Council Meeting Page 4 January 14, 1985 Councilman Arden Hovland is hereby designated to serve as a director of the Suburban Rate Authority; and Mayor B~uce G. Nawrocki is hereby designated to serve as alternate director of the Suburban Rate Authority for the year 1985 and until their successors are appointed. Bruce G. Nawrocki, Mayor Bonnie Jewett, Secretary Pro-Tem State of Minnesota County of Anoka City of Columbia Heights I, the undersigned, being the duly qualified and acting Clerk of the City of Columbia Heights hereby certify that the attached and foregoing is a true and correct copy of a resolution duly adopted by the City Council of Columbia Heights at its meeting on January 14, 1985, as the same is re- corded in the minutes of the meeting of such council fer said date, on file and of record in my office. Dated this .. day of , 1985 William Elrite, City Clerk City of Columbia Heights e. Resolution 85-; Authorizing Participation in the Control Data Business Advisors, Inc. Joint Comparable Worth Study Motion by Petkoff, second by Hovland to table this resolution until the next Regular Council Meeting. Roll Call: All Ayes. f. Other Ordinances and Resolutions There were no other ordinances and resolutions. Communications Planning and Zoning Commission 1. Auto Max, Inc., 4501 Central Avenue NE Conditional Use Permit/Site Plan/Variance Auto Max, Inc. is requesting a conditional use permit and site plan approval to allow the construction and operation of an Auto Max Muffler Installation Shop at 4501 Central Avenue. In addition, the applicant requested the City Council consider his denial of a 4.5 foot rear yard setback variance. Within the "RB", Retail Business District, the required rear yard setback is 10 feet. The Commission approved the site plan and recommends to the City Council approval of the conditional use permit contingent upon satisfaction of the requirements of the Public Works Department as detailed in a memo from Mr. Tom Madigan, Assistant City Engineer, dated December 20, 1984. With regards to the variance request, the Commission denied the request due to the lack of a hardship. Regular Council Meeting Page 5 January 14, 1985 Motion by Peterson, second by Hovland to approve, based upon the recom- mendation of the Planning and Zoning Commission, the conditional use permit contingent upon satisfaction of the requirements of the Public Works Department as detailed in a memo from Mr. Tom Madigan, Assistant City Engineer dated December 20, 1984; and, furthermore, that approval be contingent upon continued maintenance of fence located at the side of the property and maintenance of landscaping and buffer areas. Roll Call: Ail Ayes. 2. Cragg Signs/C.O.M.B. Co., 4330 Central Avenue NE Sign Variance Cragg Sign Company requested a 197 square foot sign variance to permit the erection of a 297 square foot wall sign for the proposed C.O.M.B. Store at 4330 Central Avenue in the Central Valu Mall. The Commission recommends to the Council approval of a 100 square foot variance to permit the erection of a wall sign not to exceed 200 square feet in size due to the iow elevation of the building and its distance from the main thoroughfare. This recommendation was based upon the percentage of variance granted Rainbow Foods and Valu Liquor relative to their individual business frontage. Motion by Petkoff, second by Paterson to approve, based upon the recom- mendation of the Planning and Zoning Commission, of a 100 square foot variance to permit the erection of a wall sign not to exceed 200 square feet in size due to the low elevation of the building and its distance from the main thoroughfare. Roll Call: All Ayes. 3. William Shaw, Jr., 4001 University Avenue NE Conditional Use Permit/Site Plan Approval/Variance Mr. William Shaw, Jr. requested a conditional use permit and site plan approval to allow the construction and operation of a convenience grocery store and a motor fuel station at 4001 University Avenue. In addition, the applicant requested a 5 foot variance on the required 10 foot landscaped yard abutting 40th Avenue and a 2 foot variance on the required 10 foot landscaped yard abutting the University Avenue Service Road. The proposed structure will be 2,688 square feet in size with a proposed freestanding fuel island canopy. Discussion centered on the proposed traffic flows and the contingencies as stipulated by the Planning and Zoning Commission. Motion by Petkoff, second by Paterson to approve, based upon the recom- mendation of the Planning and Zoning Commission, a conditional use permit for property located at 4001 University Avenue contingent upon the following: a. Satisfaction of the requirements of the Public Works Department as detailed in a memo from Mr. Tom Madigan, Assistant City Engineer, dated November 20, 1984. b. The westerly-most driveway on 40th Avenue be reduced to 12 feet and be posted as a right turn, exit only. c. The site plan include the substitution of landscaping for the pre- scribed screening fence along the north property line based upon the request of the abutting property owner as presented in writing to the Mayor and Council. Regular Council Meeting Page 6 January 14, 1985 d. Site be inspected for any existing tanks; and that such tanks be removed, if any. e. Ongoing maintenance is required of fencing and landscaping. Roll Call: All Ayes. Motion by Peterson, second by Petkoff to approve, based upon the recom- mendation of the Planning and Zoning Commission, a 2 foot green area variance request along the University Avenue frontage road due to problems associated with vehicle circulation. Roll Call: All Ayes. James Potocnik, 647 37th Avenue NE Variance/Site Plan Approval Dr. James Potocnik requested approval from the Planning and Zoning Commission of a variance of 1,260 square feet from the required lot size. This request is contingent upon an offer to purchase City-owned land adjacent to his lot on the northwest corner of Madison Street and 3?th Avenue which measures 20 feet by 123 feet for an additional 2,460 square feet. Mr, Potocnik was not in attendance nor represented at this Council meeting. Motion by Petkoff, second by Peterson to table consideration of this matter. Roll Call: All Ayes. b. Traffic Commission 1. No Parking on Southside of 41st Avenue, Quincy to Jackson Motion by Petkoff, second by Movland to approve, based upon the recom- mendation of the Traffic Commission, no parking anytime along the southside of 41st Avenue, between Quincy and Jackson Streets. Roll Call: All Ayes. 2. Handicapped Parking Stalls by St. Matthews Lutheran Church Motion by Petkoff, second by Carlson to remove, based upon the recommenda- tion of the Traffic Commission, the "No Parking Sundays" restriction and install two "Handicapped Parking State Permit Required" parking stalls on the first 40 feet west of the alley between Washington and Jefferson Streets on the north side of 41st Avenue. Roll Call: All Ayes. Load Limit Restriction onThird Street NE Motion by Carlson, second by Petkoff to authorize, based upon the recom- mendation of the Traffic Commission, installation of a 15,000 pound load limit and truck route with directional arrow signs on northbound Third Street at 38th Avenue. Roll Call: All Ayes. c. National League of Cities - Annual Membership Dues Motion by Petkoff, second by Hovland to authorize the payment of $926 to the National League of Cities for an amnual membership commencing February 1, 1985 through January 31, 1986; and furthermore, to authorize the Regular Council Meeting Page ? January 14, 1985 attendance and participation of City Council members at meetings of the National League of Cities. Roll Call: All Ayes. d. Insurance Commission gaily Walburg and Paul Miner reported their findings regarding insurance coverage for 1985 for the City of Columbia Heights. The proposed premium increase from Home Insurance Company, our present carrier, is approximately 84%; this is due mainly to liquor liability. New bids are to be received within approximately one month for the insurance premiums for the package, automobile coverage, and workers' compensation. The Commission requested authorization to continue with our present carrier on a pro-rata basis. Motion by Carlson, second by Petkoff to authorize temporary continuance of the existing insurance policies under a binder agreement. Roll Call: Ail Ayes. e. There were no other items of communication. ?. Old and New Business a. Alley Intersection Problem at 50th Avenue and Alleyway Located Between Jefferson & Madison, 49th to 50th As an on-site meeting has not occurred to date by Council members, no action was required. Motion by Peterson, second by Carlson to table this matter for further consideration. Roll Call: Ail Ayes. b. Appraisal of City-Owned Property Located Adjacent to 679 37th Avenue NE The City Manager sought direction from the Council members with regard to the proposed purchase price of the above parcel. As Dr. Potocnik was not in attendance, no action occurred. Motion by Petkoff, second by Hovland to table further consideration on this item. Roll Call: Ail Ayes. c. Ratify Escrow Agreement with Skipper's, Inc. and Issuance of Business License The City Manager outlined action which occurred to date. As Skipper's requested to open prior to January 14, 1985, an escrow agreement was prepared. This agreement was executed last week and a business license issued. Motion by Petkoff, second by Peterson to ratify the action of the Mayor and City Manager in executing an escrow agreement with Skipper's, Inc. and to ratify the action of the City Manager in issuing business licenses for such. Roll Call: All Ayes. d. Columbia Place Condominiums, 5100 Sixth Street NE Mr. Fioek and Mr. Risdall, owners, are requesting issuance of temporary certificates of occupancy for the completed units at Columbia Place Condominiums. Based upon the letter of credit, such temporary certifi- cates could be issued as long as common areas were adequately completed. Regular Council MeetLu~ Page 8 January 1~i, 1985 Mayor Nawrocki expressed his concern that the developers were not in compliance with the site plan as previously approved by the Planning and Zoning Commission. He also expressed concern with building materials be~nE used at the site and the type and quantity of landscape materials which the developer claimed will be included on the site. The City Manager asked the City Council for direction on the issue. Members felt that temporary occupancy permits could be granted provided the development was consistent with the plans previously approved by the City. Recess: 9:32 P.M. Reconvene: 9:55 P.M. e. Final Payment for Liquor Store Cash Registers The registers are operating successfully at Valu Liquor and final payment is recommended. Councilmember Petkoff questioned when the scanning portion of the countertop would be changed as they presently are installed in- correctly. The Finance Director is in the process of negotiating this correction and estimates completion in approximately three weeks. Motion by Hovland, second by Peterson to authorize final payment of $3,~81.00 to Retail Data Systems of Minnesota, Inc. for the purchase of cash registers for Yalu Liquor. Roll Call: Ail Ayes. f. Authorization to Seek Bids for Publication of Legal Notices Annually, the City seeks bids for publication of our legal notices. Staff was directed to forward a specification to the Northeaster Paper. Motion by Petkoff, second by Hovland to authorize the City Manager to seek bids for publication of City legal notices. g. Establish Position Description and Wage Rate for Community Service Officer The job description and proposed wage rate were submitted to the Council for approval. Motion by Petkoff, second by Novland to establish the position description of a Community Service Officer dated January 2, 198§; and furthermore, to establish the following wage rate: Entry--S5.§3; Six Months--S5.78; One Year--S6.03; and Two Years--S6.28. Roll Call: All Ayes. h. Request to Increase Salary for Treasurer of Columbia Heights Police Relief Association John Marchiniak, Treasurer of the Columbia Heights Police Relief Associa- tion, submitted a letter requesting the treasurer's salary be increased from $45 to $55 per month. Council directed staff to conduct an audit of the salary paid by surrounding communities the next time such an action was requested. Motion by Petkoff, second by Peterson to increase the salary for the Columbia Heights Police Relief Association's treasurer position to $55 per month effective January 1, 1985. Regular Council Meeting Page 9 January 1~, 1985 i. Audit of 198~ Revenue Sharin~ Grant Federal government now requires that an audit of revenue sharing funds be done on an ~nnual basis. The last audit was performed in 1982; estimated cost was $900. Comparison of costs between our financial audit and this revenue sharing audit were discussed. Motion by Hovland, second by Petkoff to authorize the audit of the 1984 Revenue Sharing Grant by George M. H~n~en Company at a cost not to exceed $900. Roll Call: Hovland, Petkoff, Carlson, Peterson--Ayes; Nawrocki--Nay. J. Schools, Conferences, Workshops Motion by Carlson, second by Petkoff to authorize the attendance of L. Tom Bosch at the Motor Vehicle Equipment Management Workshop to be held January 31 - February 1, 1985 in Los Angeles, California; and furthermore, that expenses be reimbursed. Roll Call: All Ayes. k. Purchase of Fertilizer & Weed Killer Motion by Petkoff, second by Peterson to authorize the purchase of fertilizer from Howe, Inc. in the amount of $1,~§0 based upon the Hennepin County Purchasing Contract; and, to authorize the purchase of weed killing chemicals from Tessman Seed & Chemical of Eagan, Minnesota in the amount of $2,031.30 based upon the Hennepin County Purchasing Contract. Roll Call: All Ayes. 1. Purchase of Traffic Paint Motion by Carlson, second by Peterson to authorize the purchase of traffic paint from Redland Prismo Corporation of Parsippany, New Jersey in the amount of $2,3~0.~§ based upon the Hennepin County Purchasing Contract. Roll Call: All Ayes. m. Establish Date for Council Work Session Tuesday, January 15, 1985, was previously established as a Council work session. Future work sessions are dependent upon action taken January 15, 1985. No further action is required at this time. n. Executive Session An executive work session will be held upon completion of the Regular City Council Meeting. o. Authorization to Rebuild Master Water Meter Heads Motion by Petkoff, second by Peterson to authorize the City Manager to engage Van Bergen-Marksen, Minneapolis, Minnesota to rebuild master water meter heads at an estimated cost of $1,300; and furthermore, that the City Council recognizes this to be a proprietary item. Regular Council Meeting Page 10 January 14, 1985 p. There were no other items of old and/or new business. Report of the City Manager This report was submitted in written form and the following items were discussed. 1. ~2~3 Pierce Street--Building was constructed without attached or detached garage. Staff will continue to pursue action to bring this into compliance with City Code. 2. Pizza On Wheels--Complaints have been received with regard to the above being a self-sustaining business, and the noise level which is being generated by the vehicle. Other items of the Manager's Report were reviewed as presented. Staff hopes to have a report on the operation of the new liquor store by January 28, 1985. 5. Temporary Accounting Services-- Motion by Hovland, second by Peterson to ratify action of City Manager in obtaining outside accounting services in conjunction with the new liquor store in an amount not to exceed $2,500. Roll Call: All Ayes. 6. Tax Changes Made by Congress--Mayor Nawrocki asked if staff was able to investigate implications which will result from last year's tax changes made by Congress, in particular with regard to fringe benefits and the use of vehicles. The Finance Director indicated the reimbursement for mileage will need to be reported on the W-2 as other income. With regard to the individuals using City-owned vehicles, a ruling is anticipated which will exempt two of the three individuals from having to report commuting mileage as income. The current position of IRS is that the employee would have to report that value as income. The City Attorney has received an article with regard to this which he will will forward to staff. Meal reimbursement amounts are well within IRS limits and will not be considered taxable income. 7. A response will be forwarded to the Council with regard to the lighting control contract at Huset Park. 8. Mayor Nawrocki reported a vacancy on the Planning and Zoning Commission as Roger Stenberg moved out of the City. b. Report of the City Attorney; no others items at this time. Discussion continued regarding Pizza On Wheels. Staff will continue to pursue noise readings. Complaint reports on the property and/or business will be submitted to the Council at the upcoming Council meett,g. Conditions on previous license will again be reviewed. Motion by Carlson, second by Peterson to approve the license applications as listed upon payment of proper fees with the exception of the Food Catering License for Pizza On Wheels; and, furthermore, that the food and beverage machine license fees for Yendall Bulk Yending--3707 Third Street NE, 3701 Central Avenue NE, and 5015 University Avenue NE be waived. Roll Call: All Ayes. Regular Council Meeting Page 11 January 14, 1985 Motion by Carlson, second by Hovland to table action on Pizza On Wheels for further consideration until the next regular Council meeting. Roll Call: Ail Ayes. 10. Payment of Bills Motion by Petkoff, second by Peterson to approve the bills as listed for payment out of proper funds. Roll Call: All Ayes. Motion by Petkoff, second by Peterson to adjourn the meeting at 11:'1 PM. Call: All Ayes. Bonnie . Jewet~cretary Pro-Tern  Roll Brud'~. Nawrocki, Mayor