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HomeMy WebLinkAboutJune 22, 1987OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING JUNE 22, 1987 The Council Meeting was called to order by Mayor Nawrocki at 7:30 p.m.. 1. Roll Call Paulson, Petkoff, Carlson, Peterson, Nawrocki - present 2. Invocation There were no clergy available to offer the Invocation. 3. Consent Agenda The following items on the Consent Agenda were adopted by the Council as written: Minutes for Approval: The Council approved as written the minutes of the Regular City Council Meeting of June 8th and the Special Council Meeting of June 15th. Charitable Gambling Request of.Columbia Heights Athletic Boosters Club for Class B License The Council authorized the City Manager to advise the Minnesota Charitable Gambling Control Board that the City has no objections to the issuance of a Class B Gambling License to the Columbia Heights Athletic Boosters Club, Inc. for gambling at Dave's Bar located at 4952 Central Avenue. Award of Bids a. Crack Sealing: The Council authorized the purchase of 20,000 ~ pounds of crumb crack rubber crack-filling material at $O.18/pound and 2,500 to 5,000 ~ L.F. each of 5/8", 7/8", and 1 1/8" open cell backer rod at $O.04/L.F., $~.07 L.F., $O.10 L.F. respectively from Construction Materials, Inc.; and 8,000 ~ of Hi-Spec MNDOT #3723 crackfiller at $0.30/pound, and 8,000 ~ pounds of Road Saver MNDOT #3720 crackfiller at $0.42/pound from Con-Spec Corporation; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same based upon low formal bids received. b. Recycling Center Fence: The Council authorized the expenditure of $2,890 to Midwest Fence and Manufacturing Company based on their low quotation for fencing to enlarge the Recycling Center; and, furthermore, authorized the Mayor and City Manager to enter into a contract for same. Request for Temporary Signage at Food and Fuel, 4001 University Avenue: The Council authorized the temporary use of 8 pennants and 3 banners at Food and Fuel located at 4001 University Avenue.with the understanding that the permit shall not exceed five consecutive calendar days and that such permit may be issued upon receipt of a $100 refundable fee. 4. Approval of Consent A~en~a Motion by Carlson, second by Peterson to adopt the Consent Agenda as presented. Roll call: All ayes 5. Oral Petitions There were no oral petitions. Regular Council Meeting June 22, 1987 page 2 6. Ordinances and Resolutions a. Second Reading of Ordinance No. 1149; Being an Ordinance Amending Ordinance No. 853, and Pertaining to Club Liquor' Discussion was held regarding those organizations who participate in events which extend beyond the three consecutive day requirement of Ordinance No. ]149. Speci- fically, the Lions Club may use its single event beer license to participate in events such as the Jamboree. The Council also discussed Section 5.510(6)(b)'which addresses violations by club members in the area of illegal beer or liquor activity. It was determined this is a discretionary requirement and not a mandatory one. Motion by Petkoff, second by Carlson to waive the reading of the ordinance there being ample copies available to the public. Roll call: Ail ayes ORDINANCE NO. 1149 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO CLUB LIQUOR The City of Columbia Heights does ordain: Sect i on 1: Section 5.510 of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which is currently reserved, is herewith amended to read as follows, to-wit: SECTION l0 TEMPORARY ON-SALE LICENSES 5.510(1) A temporary license for the on-sale of intoxicating liquor in connection within a social event within the City sponsored by the licensee may be issued to a club or charitable, religious or other nonprofit organization in existence for at least three years as set forth in this section. 5.510(2) 5.510(3) The license may authorize the on-sale of intoxicating liquor for not more than three consecutive days, and may authorize on-sales on premises o£her than the premises the licensee owns or permanently occupies. The license may provide that the licensee may contract for intoxicating liquor catering services with the holder for a full-year on-sale intoxicating liquor license issued by the municipality. 5.510(4) License applicants shall furnish the information required by Section 5.509(2) of this Code. In addition, the Council may, at its option, require a license applicant to provide the information required by 5.509(3) of this Code. If an applicant has already provided certain required information in conjunction with applying for another license under this Code, the applicant may simply refer to the other infor- ~tion by reference and shall not be required to reproduce ali such information if such information is the same. 5.510(5) 5.510(6) The application shall be processed in accordance with Section 5.509(5). Provided, however, the police investigation may be waived for any ap- plicant currently licensed under this Chapter. The Council may accept or reject the license application in its dis- cretion upon completion of the public hearing, subject to the 'Regular Council Meeting June 22, 1987 page 3 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. 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, manufacture 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 provisions to keep the liquor within the premises and to clean up the premises after the conclusion of the event. 5.510(7) d. No license shall be issued unless the applicant has first paid an application fee, license fee, and clean-up deposit fee in an amount set by resolution of the Council. In the absence of a reso- lution, the application fee shall be $200, the license fee shall be $100 per day or portion thereof, and the clean up fee deposit shall be $200. 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: a. No licensee or his agent may sell or permit the sale of intoxicating liquor licensed to be sold under this section between the hours of 1:O0 a.m. and 8:00 a.m. on days Monday through Saturday, nor between the hours of 1:O0 a.m. and 12:00 noon on Sunday. No licensee or his agent or any other person shall consume or allow to be consumed on the licensed premises any intoxicating liquor 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 intoxicating liquor 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 ~he age of nineteen (19) years shall be employed on a premises licensed to sell intoxicating liquor "On-sale", to draw or serve intoxicating liquor. e. No person or customer, other than the licensee and his employees, may remain on any licensed premises after one-half hour after closing. Regular Council Meeting June 22, 1987 page 4 f. No licensee or his agent shall serve intoxicating liquor to a minor. g. No licensee or his agent shall make or permit a sale of intoxicating liquor to a minor or to any obviously intoxicated person. h. No licensee or his agent shall permit or allow any person to take intoxicating liquor from the licensed p[emises without the permission of the Council. i. No licensee or his agent shall serve intoxicating liquor in any glass or metal container. 5.510(8) 5.510(9) j. When an intoxicating liquor license is granted in conjunction with an event at which a carnival is operating, no licensee or his agent shall make any sale of intoxicating liquor to any person who operates any ride or concession at such carnival. Licenses under this section are not valid unless first approved by the Commissioner of Public Safety. Any person violating any provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than $700 and imprisonment for not more than ninety (90) 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: June 8, 1987 June 22, 1987 June 22, 1987 Offered by: Carlson Seconded by: Peterson Roll call: All ayes Jo-Anne Student, Council Secretary Mayor Bruce G. Nawrocki b. Resolution No. 87-46; Adopting Changes in Non-Union Group Salary Ranges Copies of the salary for part time positions in the City were distributed to the Council. The City Manager suggested the part time employee salary schedule should be brought back to the Council at a work session. Discussion was held regarding the criteria used to establish the salary range for non-union employees. Motion by Petkoff, second by Paulson to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes RESOLUTION NO. 87-46 ADOPTING CHANGES IN NON-UNION GROUP SALARY RANGES, ESTABLISHING SALARIES FOR NON-UNIONIZED CITY POSITIONS, AND CHANGING EMPLOYER'S CONTRIBUTION 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 'Regular Council Meeting June 22, 1987 page 5 indicated that on an annual basis changes will be adopted in Group Salary Ranges based upon reliable 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 IT RESOLVED that the City of Columbia Heights establishes salary ranges for groups of non-unionized supervisory city positions and non-unionized managerial, essential, and confidential city positions, as indicated on Schedules A and B which are on file in the Office of the City Manager, effective January 1, 1987; 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 Pro- gram for a salary change for such employee; and BE IT FURTHER RESOLVED that the City of Columbia Heights establishes the Employer's share of non-unionized supervisory and non-unionized managerial, essential, and confidential employees' insurance programs, effective January 1, 1987, at $175.O0 per month. Passed this 22nd day of June, 1987. Offered by: Petkoff Seconded by: Paulson Roll call: All ayes Jo-Anne Student, Council Secretary Mayor Bruce G. Nawrocki c. First Reading of Ordinance No. 1152; Ordinance Giving Approval to a Combination Health Care and Multi-Family Housing Program and Issuance of Revenue Bonds of Crest View Lutheran Home The bond counsel had requested that this ordinance be considered an emergency ordi- nance and that the effective date of the ordinance be immediate upon adoption. The City Attorney advised the Council that these two requests not be incorporated in the proposed ordinance and reference to them be deleted from the draft ordinance. Motion by Paulson, second by Carlson to'waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes ORDINANCE NO. 1152 ORDINANCE GIVING APPROVAL TO A COMBINATION HEALTH CARE AND MULTIFA~ILY HOUSING PROGRAM AND ISSUANCE OF REVENUE BONDS ON BEHALF OF CREST VIEW LUTHERAN HOME The City of Columbia Heights, Minnesota (the "City"), does ordain, as follows: Section l: Recitals. 1.O1 By the provisions of Minnesota Statutes, Chapter 462C, as amended (the "Act"), the City is authorized to plan, administer, and develop housing programs, as well as combination health care and multifamily housing programs, and to issue and sell revenue bonds or obligations to make or purchase loans to finance combination health care and multifamily housing developments within its Regular Council Meeting June 22, 1987 page 6 1.02 1.03 1.04 1.05 Section 2: 2.01 2.02 boundaries, which revenue bonds or obligations shall be payable solely from the revenues of such developments. The City has prepared pursuant to the Act a Housing Plan for the City, which Housing Plan has been duly adopted by the City pursuant to the Act (the "Housing Plan"). The Act provides that, prior to issuing revenue bonds or obligations to finance a development described in Section 462C.05, subd. 7, of the Act, the City shall prepare a Pro- gram setting forth the information required by Section 462C.05, Subd. 6, of the Act, submit the Program to the Metropolitan Council, and after holding a public hearing thereon, submit the Program for approval by the Minnesota Housing Finance Agency, as provided in Section 462C.01 of the Act, on the basis of the considerations stated in Section 462C .04 of the Act. Crest View Lutheran Home, a Minnesota nonprofit corporation (the "Corporation") has proposed to undertake a combination health care and multifamily housing development under the Act in accordance with the City's Housing Plan and pursuant to a proposed Program therefor (the "Program"), on file in the office of the City Clerk, a copy of which is attached hereto as Exhibit A. The description of the facilities set forth in the Progam is hereby incorporated herein by reference and made a part hereof (the "Facilities"). Under the Program it is proposed that the City issue its Health Care Facility Revenue Bonds (the "Bonds") pursuant to the Act in such ag- gregate principal amount as may be necessary to finance or refinance the Facilities, subject to agreement by the Corporation to pay promptly when due all the principal of and interest on the Bonds. A public hearing was held on the Program on July 13, 1987, as provided in the notice of public hearing published in the City's official news- paper no less than 15 days in advance of the hearing. At said hearing all persons present were afforded an opportunity to express their views concerning the Program. Approvals and Authorization. The Program is hereby adopted by the City pursuant to Section 462C.05, Subd. 7, of the Act, and the issuance of the Bonds of the City, in an aggregate principal amount of not to exceed $5,000,000 is hereby ap- proved. The Bonds shall not be issued until the Program has been reviewed and approved as provided in the Act and until the City, the Corporation and the purchaser of the Bonds have agreed upon the details of the Bonds and the provisions for their payment. The principal of, premium, if any, and interest on the Bonds, when, as and if issued, shall be payable solely from the revenues derived from the Facilities, including loan repayments to be made with respect thereto, and the property pledged to the payment thereof, and shall not constitute a debt of the City within the meaning of any constitutional, statutory or charter limitation. The submission of the Program to the Metropolitan Council and the publication of notice of the hearing held thereon are hereby ratified, confirmed and approved. The Mayor, City Clerk and other officers and employees of the City are hereby authorized to submit the Program, accompanied by the Housing Plan, and all required certificates, to Regular Council Meeting June 22, 1987 page 7 the Minnesota Housing Finance Agency for review and approval pursuant to Subdivision 2 of Section 462C.04 of the Act. 2.03 Pursuant to Subdivision l, Section 462C.07, of the Act, in the making of a loan with respect to the Program and in the issuance of the Bonds or other obligations of the City, the City may exercise, within its corporate limits, any of the powers the Minnesota Housing Finance Agency may exercise under Chapter 462A, Minnesota Statutes, without limitation under the provisions of Chapter 475, Minnesota Statutes. 2.04 The Corporation has agreed to and shall pay any and all costs incurred by the City in connection with the Program and the Facilities whether or not the Program is approved by the Minnesota Housing Finance Agency and whether or not the Bonds are issued. Section 3: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: June 22, 1987 The second reading of the ordinance is scheduled for July 13, 1987. 7. Communications a. Traffic Commission The minutes of the June 15, 1987 Traffic Commission Meeting were received by the Council and required no Council action. Mayor Nawrocki noted a motion passed by the Traffic Commission recommending the Council look at upgrading 38th Avenue from Fifth Street to Madison Place/Jefferson Street to 9-ton axle weight. The Mayor recalled this matter had been the topic of many public hearings and discussion in the past and that the response of those residents in the area had been a definite "No" when their opinions had been requested. b. Other Communications 1. Metropolitan Waste Control Commission Meeting: The Mayor advised the Council of a meeting of the Metropolitan Waste Control Commission to be held on Wednesday, July 1st at 7:30 a.m. and noted if anyone is interested in attending to contact the Council Secretary for reservations. 2. Columbia Heights Lions Club: A letter was received from the Columbia Heights Lions Club indicating its willingness to purchase a "Reader Sign" for placement in front of John P. Murzyn Hall up to an amount of $tO,000. The Public Works Director advised that this sign will indicate functions taking place in Murzyn Hall and also will advise of the parking behind the facility. 8. Old Business Liquor Cash Register Backup System Councilmember Paulson reviewed the memo from the Finance Director regarding the purchase of data processing equipment for the liquor operation and noted he had calculated an approximate saving to the City of $4,600 over a year with its use as well as considerable time savings. Motion by Paulson, second by Petkoff to authorize the Mayor and City Manager to execute a contract with Minnetek/Modern Computer for the purchase of data processing equipment at a cost not to exceed $2,959 and to authorize the Mayor and City Manager Regular Council Meeting June 22, 1987 page 8 to execute a contract with Retail Date Systems for date processing software at a cost not to exceed $2,500. Roll call: All ayes b. Air Conditioners at Murzyn Hall The noise eminating from the outside air conditioners at Murzyn Hall has been an ongoing problem and the Mayor had requested updates at each Council meeting until these problems are resolved. The Public Works Director advised that the mechanical engineer of the unit's manufacturer will do evening testing of the units starting on Wednesday, June 24th. He felt perhaps the testing should be delayed until the Jamboree carnival had ended. Also, problems with air conditioning haS been experienced inside a portion of the building. This matter is being addressed also. c. Letter to Petitioners Regarding Pigeons The City Manager advised the letter had been dictated. d. Letter of Agreement with Rottlund Builders The Mayor inguired if this agreement had been reviewed by the City Attorney. The City Attorney noted that he has reviewed the agreement and will have it to the Council in the near future. 9. New Business a. Renewal of Contract with Metropolitan Clinic of Counseling The costs of this employee program for the past year were reviewed. The Mayor questioned how cost effective this program was. He is very supportive of the help being available to the employees and to their dependents. Motion by Paulson, second by Peterson to authorize the Mayor and City Manager to enter into an agreement with Metropolitan Clinic of Counseling to provide diagnostic and referral services to employees of the City of Columbia Heights, their dependents and dependent household members for the contract period of June 1, 1987 - May 31, 1988, with such base retainer fee tO be $776.00 or $8.00 per employee, with maxrmum fee not to exceed $1,552. Roll call: All ayes b. Insurance Commission - Recommendation to Reduce Insurance Requirements for Beer Licenses The Insurance Commission is recommending that the insurance limits be reduced to $50,000/$100,OOO bodily injury and $25,000 property damage limits or a single limit liability of $100,000/$100,O00 aggregate combined bodily injury and property damage. The Commission Chairman addressed the Commission's recommendation for lowering the coverage and noted what the City of Minneapolis is doing with this insurance coverage matter. In response to the Mayor's request the Chairman will make the claim and settlement data available to .the Council for the City of Colum- bia Heights. Motion by Peterson, second by Petkoff to direct the City Attorney to prepare an amendment to the City's Beer Licensing Ordinance; in particular, Section 5.501 (10) and/or other sections as deemed necessary to reflect changes in insurance coverage as recommended by the Columbia Heights Insurance Commission. Roll call: All ayes RECESS: 9:10 p.m. RECONVENE: 9:20 p.m. c. Open Meeting - Notice Requirements Three recommendations regarding procedures for compliance with the recently- changed open meeting notice requirements were made by staff. .Regular Council Meeting June 22, 1987 page 9 They are as follows: a. Any meetings called at a regular Councll Meeting or a continuation of a regular Council Heeting shall be considered continuations of the regular meeting. b. The City Council hereby declares the glass panel next to the Mil1 Street entry door to City Hal) as the "principal bulletin board of the City c. Emergency meetings notices shall contain a statement as to why immediate consideration by the City Council is required; and furthermore, that the above procedures be implemented immediately. Mayor Nawrocki felt the recommendation contained in (al would be cumbersome for record keeping. The City Attorney agreed. The Hayor also noted that on November 12, 1974 the Council authorized a permanent place in City Hall to display meeting notices. At that time a more bulletin board-type of place was considered than the glass panel near the entry on Mill Street. Discussion followed regarding a glassed-in case for meeting notices. Hotion by Petkoff, second by Peterson that the following procedure be adopted regarding the posting of City Councll meetings: The City Council hereby declares the glass panel next to the Mill Street entry door to City Hall as the "principal" bulletin board of the City Motion by Nawrocki, second by Carlson to amend the motion to read as follows: The City Council hereby declares the glass panel next to the Hill Street entry door and the 40th Avenue entrance to City Hall as the "principal" bulletin boards of the City. Roll call on amendment: Petkoff, Carlson, Peterson, Nawrocki - aye Paulson - nay Roll call on amended motion: All ayes )0. Reports a, Report of the City Manager The City Manager's report was submitted in written form and the following items were discussed: 1. Refund of SAC Charges: The Building Inspector is reviewing the records on this item and it presently appears there will be no refund due the City. 2. V.F.W. Post #230 Donation: The V.F.W. Post #230 donated $3,000 to pay the City's portion of purchasing a hazardous material vehicle. 3. Jamboree Parade: The Public Works Director advised the Council. that one more base coat lift will be applied to Central Avenue before the Jamboree Parade on Friday, June 26th so an improved surface will be there in time for the parade. He noted that the traffic pylons will be temporarily moved during the passing of the parade. 4. Participation in Anoka County Ultimap System: The Public Works Director was directed to notify Anoka County of the City's interest in participating in this system. Costs for participation are not available at this time and it was noted that indicating interest does not commit the City to costs. 5. Calculation of Financial Advisors Fees Regarding 1985 Bond Issues: The City's bond counsel had previously indicated credits due the City for the sale of bonds in 1985 were in excess of $2,500. The City Manager had calculated the figures and suggests the figure may be approximately $5,400. 6. Traffic Signal Installation, 37th and Central Avenues: The Public Works Director Regular Council Meeting June 22, 1987 page 10 reviewed the agreement and attachments between the Cities of Columbia Heights and Minneapolis for traffic signal control modification. He noted all of the changes from the draft agreement. Motion by Peterson, second by Petkoff to authorize the Mayor and City Manager to enter into an agreement with the City of Minneapolis for traffic signal installation on the 37th and Central Avenues intersection. Roll call: All ayes 7. Timelines for Data Processing Implementation: The Finance Director advised he has not received these t|melines from the Finance Department nor the Police Depart- ment. The Council will be advised of this data when received. 8. Financial Reports: The Mayor noted that the financial reports for the months of April and May have not been received by the Council. The Finance Director stated that the April report is complete and will be distributed by the end of the week. The May financial report will be out in about one week. 9. Street Signs for "Constitution Avenue": Discussion was had regarding the cost of these signs and the approximate labor costs. Motion by Carlson, second by Petkoff to appropriate from the General Fund Undesignated Fund Balance to the Public Works Budget an amount of $2,000 for signage on or adjacent to 4Oth Avenue in conjunction with the Bicentennial of the Constituti~on recognition with final signage selection subject to the recommendations of the Bicentennial Commission and that the Mayor and City Manager be authorized to enter into a contract for said signage. Roll call: All ayes 10. Wargo Court Wiring: Electrical service for lights in Wargo Court was discussed. The Bicentennial Commission had requested underground wiring be installed to accom- modate lights to be installed for the Bicentennial observation activities. It was noted this wiring could also be used for the Christmas lightin§. Various suggestions were discussed. Staff was requested to research this matter. ll. Annual Report of Cable Operation: The Mayor noted that the annual report of the cable system in the City was received. A summary of the technical audit will be coming in the near future. b. Report of the City Attorney The City Attorney advised the Council he has received the executed agreement witM the Soo Line Railroad for crossing their tracks which lay south of Murzyn Hall. He noted the agreement does not include any requirement to indemnify the Soo Line. Motion by Petkoff, second by Peterson to authorize the Mayor and City Manager to enter into the agreement with the Soo Line Railroad for an easement agreement for access across the Soo Line tracks south of Murzyn Hall. Roll call: All ayes ll. Licenses Motion by Carlson, second by Peterson to approve the licenses as listed upon payment of proper fees and to waive the fees for the V.F.W and the Lions Club. Roll call: All ayes The taxi cab driver license requested by Steven Mark Nelson was denied on the recommendation of the Police Department. Regular Council Meeting June 22, 1987 page ll 12. Payment of Bills Motion by Petkoff, second by Paulson to pay the bills as listed out of the proper funds. Roll call: All ayes Adjournment Motion by Peterson, second call: All ayes /-Anne Student, Counc~ Secreta by Carlson to ~00 p.m.. Roll Mayo-"~Bruce G. Nawrocki ry