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HomeMy WebLinkAboutNovember 27, 1989OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING NOVEMBER 27, )989 Council President Paulson called the meeting to order at 7:40 p.m.. l. ROLL CALL Petkoff, Carlson, Peterson, Paulson - present Hadtrath - absent 2. PLEDGE OF ALLEGIANCE The City Manager introduced Nan Williams, the newly-appointed Editor of the Columbia Heights Focus. 3. CONSENT AGENDA The following items were on the consent agenda: Approval of Minutes The Council approved the minutes of the Budget Hearing of November 20, 1989. There were no corrections. Resolution No. 89-55; Being a Resolution Authorizing the Use of Municipal State Aid Funds on Trunk Highway 65 Project The reading of the resolution was waived. RESOLUTION NO. 89-55 AUTHORIZING THE USE OF MUNICIPAL STATE AID FUNDS ON T.H. 65 PROJECT WHEREAS, it has been deemed advisable and necessary for the City of Columbia Heights to participate in the cost of a construction project located on T.H. 65 within the limits of said municipality; and WHEREAS, said constructTon project has been approved by the Commissioner of Transportation and identified in his records as S.P. No. 207-50; and WHEREAS, the City of Columbia Heights' share of the total project cost was $24,71).01 and the City previously requested an appropriation of $18,474.73, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Co)umbla Heights; That we do hereby appropriate an additional sum from our Municipal State Aid Street Funds of $4,963.28 to apply toward the construction of said project and request the Commissioner of Transportation to approve this authorization. Dated this 27th day of November, 1989. Offered by: Petkoff Seconded by: Peterson Roll call: All ayes Council Pres')dent Russell Paulson Jo-Anne Student, Council Secretary Regular Council Meeting November 27, 1989 pa ge 2 CERTIFICATION: I hereby certify that the aforegoing resolution is a true and correct copy of the resolution presented to and adopted by the City Council of the City of Columbia Heights, at a duly authorized meeting thereof, held on the 27th day of November, 1989, as shown by the minutes of said meeting in my presence. Jo-Anne Student, Deputy City Clerk Appointment of Bobbie Euler to Human Services Commission The Council appointed Bobble Euler to the Human Services Commission for a term effective immediately until April, 1991. Renewal of Class B Gambling License for Columbia Heights Lions Club The Council directed the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to the renewal of a Class B charitable gambling license for the Columbia Heights Lions Club for Dick's Place, 547 40th Avenue N.E., Columbia Heights; and the Council also waived the remainder of the sixty day notice to the local governing board. A revised copy of the lease agreement was distributed to the Council. Change Order 8716-1 (revised); CH Project 8716 and 8726 This change order is for repairing of the damage caused by a water main break on 40th Avenue, Hayes to Arthur Streets, and 41st Avenue, Arthur to Cleveland Streets. The Council authorized the revision of Change Order 8716-1 from $29,195 to a total amount of $29,768.20 and also authorized the Mayor and City Manager to execute the same. Final Payment - State Pro~ect 0207-50 (CH Project 8707) Project 8707 was an overlay on Central Avenue from 37th Avenue to 45th Avenue. The Council approved payment of $6,231.06 to MnDOT for construction services on SP 0207-50, Municipal Project #8707 with said funding to come from Municipal State Aid Funds though an off-system transfer. Purchase of Firearms Locker The Council authorized the purchase of one firearms storage locker model AF220 from Protective Materials Company of Miami, Florida for $1,669 plus shipping costs, noting that this purchase is a proprietary item, and also authorized the Mayor and City Manager be authorized to sign a contract for same. Purchase of Evidence Storaqe Lockers The Council authorized the purchase of four evidence lockers, based on low, informal bids from Streicherls Inc. for $1,967 and authorized the Mayor and City Manager to sign a contract for same. Regular 6ounc]l Meeting November 27, 1989 page 3 Heavy Duty Rescue Bid The Council authorized the Mayor and City Manager to accept the bid of Road Rescue, Inc. for the manufacture of a Heavy Duty Rescue Vehicle at the total bid of $69,303. Equipment Purchase The Council authorized the Mayor and City Manager to accept .the bid for equipment from Minnesota Conway Fire and Safety at a total cost of $9,261.20. Purchase of Computer by Recreation and Community Services Commission The Council authorized the Mayor and City Manager to execute a contract for the purchase of a Mac SE/30 HD40 CPU computer with imagewriter printer at a cost of $3,742 based on the Apple Education Contract #570446. Fire Service Computer Program The Council authorized the Mayor and City Manager to enter into an agreement with DataAge Solutions, Inc. to purchase PROBER Chief Soft- ware package at the quoted price of $6,154, which includes the $500 maintenance fee for the first year. Sealing and Painting of Ceiling in Library Adult Reading Room The Council authorized the Mayor and City Manager to enter into an agre- ement with R.W. Ceilings and Walls for the painting and sealing of the Library's adult reading room ceiling at a cost of $1,125 based on low informal quotation. Final Payment for Library and Service Center Reroofing Project The Council authorized the final payment to All Systems Roofing, Inc. in the amount of $4,839.60 for rerooflng the Municipal Service Center and the Public Library buildings. Approval of License Applications The Councit approved the ]989 license applications as listed upon payment of proper fee's. The Council approved the 1990 license applications as listed upon payment of proper fees and waived the fees as indicated. Approval of Bill Payments 'lhe Council authorized the payment of bills as listed out of proper funds. Roll call: All ayes 4. APPROVAL OF CONSENT AGENDA Motion by Petkoff, second by Peterson to approve the consent agenda as presented. Roll call: All ayes Approval of Council Minutes The City Manager suggested that two corrections be made to the November 13, 1989 Council Meeting minutes. The first correction was regarding the Council's intent in issuing a license to the Y's Men for a Christmas tree lot. He felt the Council had waived the conditional use permit requirement. Motion by Petkoff, second by Carlson to waive the requirement for a conditional use permit for sale of Christmas trees by the Y's Men Organization. Roll call: All ayes Regu 1 a r Counc i 1 Meet ing November 27, 1989 page 4 The second correction was regarding Ordinances Nos. 1193 and 1194. The City Manager had requested these ordinances be reviewed by the City Council, rather than the Charter Commission as the sentence had indicated. Motion by Peterson, second by Petkoff to make the correction to this portion of the minutes. Roll call: All ayes Motion by Petkoff, second by Carlson to amend the minutes of the November 13th Council Meeting to reflect the aforementioned corrections. Roll call: All ayes 5. OPEN MIKE There was no one present for Open Mike. 6. ORDINANCES AND RESOLUTIONS a. Second Reading of Ordinance No. 1193; Being an Ordinance Amending Ordinance No. 853, City Code of 1977, Pertaining to Expenditures The City Manager reviewed the proposed changes pertaining to expenditures and the City Manager's position in making or approving those expenditures. The proposed change reflects language which is more consistent with and in compliance with the City's Charter and Minnesota Statutes. He feels the change will bring our City Code in line with our City Charter and in line with our administrative procedure's. The City Manager referred to a letter from Councilmember-elect Nawrocki which requested that no further action be taken on Ordinance No. 1193 and Ordinance No. 1194. Nawrocki stated in his letter that it was his opinion that these two ordinances would significantly increase the City Manager's ability to authorize City expenditures without Council approval. Nawrocki also noted that the City Manager had previously requested the Charter Commission to consider changes in the City Charter dealing with this issue. The City Manager felt this ordinance and Ordinance No. 1194 had nothing to do with changing the City Charter. The City Attorney observed that the Charter Commission is being requested to bring the Charter into conformance with State Statute. Motion by Paulson, second by Petkoff to accept Councilmember-elect Nawrocki's letter dated November 15, 1989 and place on file as a public record of City Council Meeting of November 27, 1989. Roll call: All ayes Councilmember Paulson disagreed with Councilmember-elect Nawrocki's opinion regarding the purpose of these two ordinances. He felt the procedure for expenditures as it presently is written is a clumsy set up and a waste of taxpayers' dollars. Discussion continued regarding this ordinance and Ordinance No. 1194. Motion by Paulson, second by Peterson to waive the reading of Ordinance No. 1193 there being ample copies available to the public. Roll call: All ayes Regular Council Meeting November 27, 1989 page 5 ORDINANCE NO. 1193 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF i977, PERTAINING TO EXPENDITURES The City of Columbia Heights does ordain: Section I: Section 3.102i4) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which currently reads as follows, to-wit: 3.102(4) CITY MANAGER The Manager shall prepare and supervise the operation of the budget according to the provisions of the Charter. He shall act as chief purchasing agent for the City for amounts less than $1,O00.00, subject to approval of the Council for amounts between $500.00 and $1,OOO.OO, as provided by Charter. He shall act as chief purchasing agent of the City for amounts in excess of $1,OO0.O0 only when authorized pursuant to Charter Section 57 and 56. He shall manage the capital assets of the City. is herewith amended to read as follows: 3.102(4) CITY MANAGER The Manager shall prepare and supervise the operation of the budget according to the provisions of the Charter. He shall act as chief purchasing agent for the City as provided by Charter and Minnesota Statute 471.345 (Uniform Municipal Contracting Law). The Manager shall act as chief purchasing agent of the City and make all purchases and contracts sub- ject to the approval of the Council as may be prescribed by City Charter. The Manager shall manage the capital assets of the City. 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; November 13, 1989 November 27, 1989 November 27, 1989 Offered by: Paulson Seconded by: Paterson Roll call: All ayes Council President Russell Paulson Jo-Anne Student, Council Secretary b. Second Reading of Ordinance No. 1194; Being an Ordinance Amending Ordinance No. 853, City Code of 1977, Pertaining to Education and Training The City Manager advised that this ordinance is with regard to the dollar amount whereby approvals are necessary by the City Council. He felt the Regular Council Meeting November 27, 1989 page 6 present dollar amount is unrealistic in relation to the cost for attending seminars and conferences. The proposed change would increase the dollar amount limit to $1,O00 and would be in keeping with other provisions of the City Charter. It would not change the City Charter. Councilmember Petkoff felt by approving this ordinance the Council would, in essence be giving blanket approval to all conferences and'semlnars and be taken out of the picture regarding the validity of these functions. The City Manager observed that any conferences which would last longer than three consecutive working days would require Council approval. He also noted that a rating procedure of conferences is in place whereby the attendees write a report rating the effectiveness of a conference. Councilmember Petkoff felt this ordinance should be reviewed by the Charter Commission. The City Manager advised that the proposed changes are exactly what is presently in the Personnel Policy. He doesn't think the Charter Commission will address this issue. Councilmember Peterson thinks that all the information from conferences and seminars should be brought to the Council's attention. If it appears that good judgement is not being used in granting approval to attend these con- ferences the Council could then address this issue. Councilmember Paulson requested the City Manager to direct all Division Heads to include in their Operational Reports any schools or conferences attendance to be approved before the approval is granted. Motion by Petkoff to table the second reading of the ordinance until after the first of the year, at the first or second Council Meeting. Motion dies for lack of a second. Motion by Carlson, second by Peterson to waive the reading of the ordinance there being ample copies avaiable to the public. Roll call: All ayes ORDINANCE NO. 1194 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO EMPLOYEE EDUCATION AND TRAINING The City of Columbia Heights does ordain: Section 1: Section 3.401(5) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which currently reads as follows, to wit: 3.401 (5) Educational opportunities and training shall be offered to employees on the followln§ basis: (a) Ne~d to improve the quality of performance of a city employee attending such course or seminar. (b) The apparent quality of the course or seminar to be offered. Regular Council Meeting November 27, 1989 page 7 (c) The applicability of the course or seminar offered to the duties and responsibilities of the employee. The Mayor may authorize attendance at such courses by members of the Police Department, and the City Manager may authorize such attendance by other employees of the City; provided, however, that no employee shall leave his job for more than three (3) consecutive days nor shall a cash expenditure of more than $200.00 for such course and reimbursed expenses be made without specific permission of the Council. No ex- penditure for training or educational purposes shall be made hereunder from other than previously budgeted training funds without consent of the Council is herewith amended to read as follows: 3.401(5) Educational opportunities and training shall be offered to employees on the following basis: (a) (b) Need to improve the quality of performance of a City employee attending any such course or seminar; The apparent quality of the course or seminar to be offered; (c) The applicability of the course or seminar offered to the duties or responsibilities of the employee. The Mayor may authorize attendance at such courses by members of the Police Department, and the City Manager may authorize such attendance by other employees of the City; provided, how- ever, that no employee shall leave his job for more than three (3) consecutive working days nor shall a cash expenditure of more than $1,O00 for such course and reimbursed expenses be made without specific approval of the Council. 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: November 13, 1989 November 27, 1989 November 27, 1989 Offered by: Seconded by: Roll call: Carlson Peterson Carlson, Peterson, Paulson - aye Petkoff - nay Jo-Anne Student, Council Secretary Council President Russell Paulson c. Second Reading of Ordinance No. 1195; Being an Ordinance Amending Ordinance No. 853, City Code of 1977, Pertaining to the City Manager's Authority to Issue a Citation in Lieu of Arrest Motion by Carlson, second by Peterson to waive the reading of the ordinance Regular Council Meeting November 27, 1989 page 8 there being ample copies available to the public. Roll call: All ayes ORDINANCE NO. 1195 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO THE CITY MANAGER'S AUTHORITY TO ISSUE A CITATION IN LIEU OF ARREST The City of.Columbia Heights does ordain: Section 1: Section 3.102(6) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows, to wrt: 3.102(6) The Administrative Assistant to the City Manager is authorized to issue a citation in lieu of arrest or continued detention to persons violating the following sections of this Code, to wit: (a) Chapter 5, Commercial Licensing Regulations (b) ~8.202(3) snow on sidewalks (c) ~8.203 other nuisances (d) Chapter 8, Article Iii, Garbage and Rubbish shall hereafter be renumbered to read as follows, to wit: 3.102(8) The Administrative Assistant to the City Manager is authorized to issue a citation in lieu of arrest or continued detention to persons violating the following sections of this Code, to wit: (a) Chapter 5, Commercial Licensing Regulations (b) ~8.202(3) snow on sidewalks (c) ~8.203 other nuisances (d) Chapter 8, Article III, Garbage and Rubbish Section 2: Section 3.102(6), which is now reserved as a result of the above numbering shall hereafter read as follows, to wit: 3.102(6) The City Manager is authorized to issue a citation in lieu of arrest or continued detention to persons violating the following sections of this code to wit: (1) Chapter 5, Commercial Licensing Regulations (2) 8.202(3) snow on sidewalks (3) 8.203 other nuisances (4) Chapter 8, Article Ill, Garbage and Rubbish Re§ular £ouncil Meeting November 27, 1989 page 9 Section 3: (5) Chapter 8, Article V, Public Safety (6) 10.204(5), Depositing of Snow, Leaves or Grass in Travelled Areas (7) Chapter 9, Article I, Zoning Code This ordinance shall be in full force and effect from and after thirty (30) days after its passage. November 13, 1989 November 27, 1989 November 27, 1989 First reading: Second reading: Date of passage: Offered by: Carlson Seconded by: Peterson Roll call: All ayes Jo-Anne Student, Council Secretary Council President Russell Paulson d. Second Reading of Ordinance No. 1196; Being an Ordinance Amending Ordinance No. 853, City Code of 1977, Pertaining to the Recycling Program Coordinator's Authority to Issue a Citation in Lieu of Arrest Motion by Petkoff, second by Paulson to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes ORDINANCE NO. 1196 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO THE RECYCLING PROGRAM COORDINATOR'S AUTHORITY TO ISSUE A CITATION IN LIEU OF ARREST The City of Columbia Heights does ordain: Section I: Section 3.102(9) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which is currently reserved, shall hereafter read as follows, to wit: 3.102(9) The Recycling Program Coordinator is authorized to issue a citation in lieu of arrest or continued detention to persons violating the following sections of this code to wit: (i) 8.202(3), Snow on sidewalks (2) 8.203, Other nuisances (3) Chapter 8, Article Ill, Garbage and Rubbish Section 2: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. Regular Council Meeting November 27, 1989 page l0 First reading: Second reading: Date of passage: November 13, 1989 November 27, 1989 November 27, 1989 Offered by: Petkoff Seconded by: Paulson Roll call: All ayes Jo-Anne Student, Council Secretary Council President Russell Paulson e. Ordinance No. !197; Pertaining to Auto Reduction Yards The City Manager reviewed the need for this type of ordinance. He noted that this ordinance will prohibit new yards, but will not address those presently in operation. The City Attorney advised that there is no require- ment for a license for an auto reduction yard. Motion by Pektoff, second by Peterson to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes ORDINANCE NO. 1197 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO AUTOMOBILE REDUCTION YARDS The City of Columbia Heights does ordain: Sect ion !: Section 9.115(2) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which currently reads as follows, to wit: Conditional Uses Within any "l" Industrial District, no structure or land shall be used for the following uses except by conditional use permit. (a) Heliports (bi Concrete block plant, concrete mix plant, asphalt mixing plant (c) Open sales lot - subject to Section 9.116(14) except subsection (c). (d) Material processing in relation to mining (e) Public Safety utility structure (fi Radio, television or transmission towers (g) Research laboratories (hi Structures in escess of four (4) stories or fifty (50) feet, whichever is less, except as provided in Section (ii Warehousing in excess of 20,000 sq. ft. 9.115(2) Regular Council Meeting November 27, 1989 page 11 9.115(2) Sect ion 2: 9.114(2) (j) Automobile Reduction Yard is herewith amended to read as follows: Conditional Uses Within any "l" Industrlal District, no structure or land shall be used for the following uses except by conditional use permit. (a) Heliports (b) Concrete block plant, concrete mix plant, asphalt mixing plant (c) Open sales lot - subject to Section 9.116(14) except sub- section (c). (d) Material processing in relation to mining. (e) Public Safety utility structure (f) Radio, television or transmissin towers (g) Research laboratories (h) Structures in excess of four (4) stories or fifty (50) feet, whichever is less, except as provided by Section (i) Warehousing in excess of 20,000 sq. ft. Section 9.114(2) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which currently reads as follows, to wit: Conditional Uses Within any 'IGB" Business District, no structure or land shall be used for the following uses except by conditional use permit. (a) Accessory structures (b) Dwelling units subject to Section 9.110(o) (c) Open sales lots subject to Section 9.116(14) and provided: i) The lot is surfaced and graded according to a plan submitted by the applicant and approved by the City Engineer, ii) That the assembly, repair, or manufacture of goods shall not occur within an open sales lot iii) That should the operation of the open sales lot be self-operated or automated in total or in part, a site plan 5hall be submitted indicating the location of such Regular Council Meeting November 27, 1989 page 12 devices. iv) Open sales lots shall not exceed two(2) square feet of surface to one (1) square foot of floor area within a building on the same or abutting lot devoted to the same use of a use adjunct or incident to the use of. (d) Off-street parking lots subject to Section 9.116(2). (el Parking ramps (fi Public utitlity structures (g) Operation of public transportation, spur tracks, sidings, depots, but not L.C.L. storage tracks, switching yard or other railroad activities (hi Vending machines (coin operated) whether they be for service or product shall be permitted inside of a building; when located outside of building they shall be considered as a building and conform to all applicable regulations. Should the vending machine be the principal use on site, off-street parking shall be provided at a ratio of one(l} space for each two {2) vending devices. (ii Warehousing having over IO,O00 sq. ft. of qross floor soace. (j) Manufacturing, fabricating, assembling or repair of products provided that the space devoted to such use does not occupy the front twenty-five feet of the ground floor level of any structure and that such business operation conforms in all particulars to the provisions of Section 9.116(4)(z) of this ordinance. F.A.R. shall not exceed 2.0. is herewith amended to read as follows: 9.114(2) Conditional Uses Within any "GB" Business District, no structure or land shall be used for the following uses except by conditi'ona) use permi't. (al Accessory structures. (bi Dwelling units subject to Section 9.110(o). (c) Open sales lots subject to Section 9.116(14) and provided: (i) The lot is surfaced and graded according to a plan submitted by the applicant and approved by the City Engineer. ii) That the assembly, repair, or manufacture of goods shall not occur within an open sales lot. Regular Council Meeting November 27, 1989 page 13 iii) That should the operation of the open sales 1or be self operated or automated in total or in part, a site plan shall be submitted indicating the location of such devices. iv) Open sales lots shall not exceed two (2) square feet of surface to one (1) square feet of floor area within a building on the same or abutting lot devoted to the same use of a use adjunct or Incident to the use of. (d) Off-street parking lots subject to Section 9.116(2) (e) Parking ramps (f) Publlc utility structures (g) Operation of public transportation, spur tracks, sidings, depots, but not L.C.L. storage tracks, switching yard or other railroad activities. (hi Vending machines (coin operated) whether they be for service or product shall be permitted inside of a building; when located outside of bullding they shall be considered as a building and conform to all applicable regulations. Should the vending machine be the principal use on site, off-street parking shall be provided at a ratio of one ()} space for each two {2} vending machines. (i) Warehousing having over 16,000 sq. ft. of gross floor area. (j) Manufacturing, fabricating, assembly or repair of products provided that the space devoted to such use does not occupy the front twenty-five feet of the ground floor level of any structure and that such business operation conforms in all particulars to the provisions of Section 9.116{4}{z} of this ordinance. F.A.R. shall not exceed 2.0. (k) Automobile Reduction Yards Sectlon 3: Thls ordinance shall be in full force and effect from and after thirty (30) days after its passage. First reading: November 27, 1989 Motion by Petkoff, second by Paterson to refer Ordinance No. 1197 to the Planning and Zoning Commission for review. Roll call: Paulson, Petkoff, Paterson - aye Carlson - nay .. 7. COMMUNICATIONS a. Approve Funding for Purchase of Video Equipment for School District #13 Hotion by Petkoff, second by Paterson to approve funding not to exceed $8,500 for the purchase of video equipment for Independent School District #13 to enhance the instruction and programming in the schools, as outlined In the accompanying request. Thefunding is contingent on Linda Ernst, District Regular Council Meeting November 27, 1989 page 14 Medla Coordinator, seeking outside funding for the purchase of the remainder of the equipment, and to negotiate with the vendors for a discount if equipment is purchased from one vendor, or mix or match the selection of equipment from the vendors' quotes and pur- chase the lowest priced pieces of equipment to get the total price as )ow as possible. Roll call: All ayes b. Planning and Development of Curriculum for Training Workshops - Video Instructional Units and Projects Linda Ernst, District #13 Media Coordinator, has submitted a grant ap- plication requesting $l,000 to be used for the planning and development of curriculum for training workshops for teachers and students in grades K-4, in the area of video instructional units and projects. The funds for this grant would come from the 1989 Cable Budget and would be used exclusively for salaries. The Cable counsel advised against funding any grants without first establishing grant guidelines. Councilmember Paulson requested that the City Attorney prepare a second opinion on this matter to be presented at the next Council Meeting. Motion by Petkoff, second by Paterson to table this matter. Roll call: All ayes c. Issuance of Class B Gambling License by East River Hockey Association The City Manager gave the background of this organization and feels that it meets the spirit and intent of the Gambling Ordinance. The City Attorney concurred. Motion by Carlson, second by Peterson to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to the issuance of a Class B charitable gambling license for the East River Hockey Association for Tycoon's Bar and Grille, 4952 Central Avenue, Columbia Heights; and further- more, that the City Council hereby waives the remainder of the sixty day notice to the local governing body. Roll call: All ayes 8. OLD BUSINESS a. Soil Borings and Review to Design Equipment Storage Building (CH Project 8905) Motion by Paterson, second by Carlson to authorize payment of $1,168.85 to Braun Engineering for soil borings, and authorize a transfer of $1,168.85 from llne item 602-49450-3050 to cover said expenses; and furthermore, to authorize the Mayor and City Manager to enter into an agreement fop same. Rol) call: Ail ayes b. Soil Boring and Review to Design Retaining Wall (CH Project 8600) Motion by Petkoff, second by Pau)son to authorize payment of $1,774.50 to Braun Engineering Testlng for soil boring necessary to construct a retaining wall on Municipal Project #8600, and furthermore, to authorize the Mayor and City Manager to enter into an agreement for same. Roll call: All ayes Regular Council Meeting November 27, 1989 page 15 9. NEW BUSINESS a. Holiday Advertising at Top Valu Liquor Store Councilmember Petkoff inquired how staff evaluates the effectiveness of the advertising done, particularly that advertising in the Minneapolis Star Tribune. The Finance Director responded that no formal evaluation of the advertising is done. Ne feels that there is not a large amoun't of business from South Minneapolis although the advertising does reach that area. Council- member Petkoff requested that staff institute some type of tracking system which would determine where the majority of the stores' customers come from and target that market. She suggested that some of the advertising monies may be used more effectively in local newspapers. Councilmember Petkoff also suggested that a method of tracking could be done by observing addresses on customer checks or by asking customers where they live. Motion by Petkoff, second by Paulson to authorize the Mayor and City Manager to enter into an agreement with the Star Tribune for three one-day adver- tisements of liquor store merchandise at a cost not to exceed $4,600 and furthermore, that staff be directed to do a study to determine the target market and to do some tracking of where the advertising dollars are being used and how effective they are. Roll call: All ayes b. Change Orders #1, #2, & #3 on Wargo Court Park Reconstruction Project The City Engineer indicated that he still has some concerns regarding this project and these concerns are not addressed with any of these change orders. He anticipates there will be another change order request to ad- dress his concerns. Councilmember Petkoff requested that the architech for the Wargo Court project, Stan Fishman, be prohibited from participating in any future projects in the City. She expressed reservations regarding the shrubbery and trees presently in Wargo Court as well as some of the Downtown Re- development Project which were undertaken by this architect. The City Engineer noted he had expressed the same opinion previously. Motion by Carlson, second by Peterson to appropriate $13,454 from~the General Fund Undesignated Fund Balance to the General Fund Park Depart- ment for improvements to Wargo Court Park. Roll call: All ayes Motion by Carlson, second by Peterson to approve Change Orders #l, #2, and #3 to the Housing and Redevelopment Authority contract with Olympic Pools, Inc. of Shakopee, Minnesota, on the reconstruction of Wargo Court Park resulting in a total contract increase of $4,138.50. Roll call: All ayes It was noted that some funds for this project have been retained until the fountain and corrections are complete. RECESS: lO:O0 p.m. RECONVENE: lO:)0 p.m. Regular Council Meeting November 27, 1989 page 16 c. Purchase of GIS The City Engineer advised that some funding for this purchase will be reimbursed from State Aid funds. Councilmember Paulson observed that the Council has given this purchase lengthy consideration and has'not taken the purchase nor Its costs lightly. He felt this purchase has potential for greater service to the residents. Councilmember Petkoff inquired if there are funds available in the budget for getting information regarding GIS out to the residents and was advised that there are. Mot)on by Paterson, second by Petkoff to purchase 2-386/33 MHZ PC's and monitors from Computer Corp. for $23,998; and )-CalComp Digitizing Table from Digital Resource for $5,897, 1-Ca)Comp Plotter from Minnesota Blueprint /MINCAD for $5,295, and 2-CalComp Digi- tizing Tablets from Minnesota Blueprint /MINCAD for $1,5OO, and AutoCAD Release )0 from Minnesota Blueprint /MNCAD for $2,500, based on iow, forma) bids received and AutoCAD Modules from DCA Engineering software for $2,285, and additions to the Novell network from Computer Corp. for $),826, all based on low formal quotations and 1-PS/2 Model 80 and Municipal State Aid Systems package from Ameridata under the State pur- chasing contract for $)8,150; and ARC/INFOR software from ESRI for $)9,050 based on formal RFP through the Anoka County Joint Powers Task Force Agreement; and furthermore, to authorize the Mayor and City Manager to enter into agreements for the same. Roll cell: Ali ayes d. Fire Hose Purchase The hose will be purchased through the Joint Purchasing Consortium from Minnesota-Conway Fire & Safety. Hotion by Carlson, second by Paulson to authorize the purchase of fire hose from Minnesota-Conway Fire & Safety at a total cost of $2,760.00 and to authorize the Mayor and City Manager to enter into a contract for the same. Roll call: All ayes e. Spray Paint Booth -Municipa) Service Center A )etter was received from TKDA regarding their opinion on the Counci)~s action at the November )3th Counci) meeting directing staff to explore an a)ternative course of action from what the consulting engineers had recommended. Counc)lmember Petkoff observed that the option the Councl] had chosen bad been one of the options TKDA had suggested and now they do not support it. It was noted that the option was not designed for bidding. Councilmember Paulson had no problem with TKDA doing the design on the basis that there would be no additional charge from TKDA as stated in their letter dated November 8, )989. Motion by Pau)son, second by Peterson to direct TKDA, Consulting Engineers and Architects, to design the spray paint booth HVAC system consistent with the Council's action of November )3, 1989; and furthermore, that the design plans and specifications be submitted to the City Building Inspector for determination as to whether the proposed changes will satisfy code require- ments; and furthermore, the City Manager w))l advise TKDA that there will be no charge for the design. Roll call: All ayes Regular Councll Meetlng November 27, 1389 page 17 f. Change Order #3 - TKDA - City Hall & Library Improvements All of the items in the change order were previously reviewed by the City Council. Motion by Petkoff, second by Pauison to authorize the Mayor and City Manager to execute Change Order #3 In the amount of $1,487 consisting of five additions and/or deductlons from the exlsting contract sum. Roll call: All ayes g. Additional Penalties Re: OSHA Infractions The City of Columbia Heights, Kumar Mechanical, and Dale Sorenson Company were cited for various OSHA infractions with regard to the asbestos removal at City Hall. Motion by Paulson, second by Carlson to authorize the payment in the amount of SI,120 to the Department of Labor and Industry for OSHA penalties imposed upon the City of Columbia Heights; and furthermore, to authorize the Mayor and City Manager to enter into change orders with Kumar Mechanical to reimburse Kumar Mechanical $455 and Dale Sorenson Company $476 for penalties incurred regarding asbestos removal at City Hall. Roll call: All ayes h. Saver's Store - Ordinance Vlolation Councilmember Paulson observed that the Saver's Store has more than the allowable surface covered on its windows which face west on the Central Avenue side of the building. They have been advised of this violation and have done nothing to comply. Counci)member Paulson expressed his irritation at their apparent lack of cooperation in view of the fact that the Council had gone out of its way to accommodate their request for extended hours of operation. He suggested if the non-compliance continues that the Council reconsider the ordinance which allowed the extended hours of operation. Motion by Paulson, second by Petkoff to direct the Building Inspector to follow up on Saver's Store meeting the ordinance requirement of window coverage and if this isn't done in a timely fashion, that the ordinance allowing Saver's Store extended hours of operation be reconsidered at the next Council meeting. Roll call: All ayes 10. REPORTS a. Report of the City Manager The City Manager's report was submitted in writing and the following item was discussed: i. International Telecommunications Consultant Versus the City of Columbia Heights: The Council was advised that this matter was initially put on a Conciliatlon Court calendar where legal repre- sentation is not allowed. The City sent as its representative the City Attorney as the appropriate party to represent the City. The plaintiff reasoned that she should have legal counsel in light of the City being represented by an attorney so the matter was put on a different type of court calendar as a result of an appeal to the Distrlct. The plaintiff employed the services of an attorney. The City Attorney was not successful in reaching the plaintiff's Regular Council Meeting November 27, 1989 page 18 attorney. At this point in time, the City Manager requested the City Attorney to "cut our losses." The City Attorney appeared at the trial without witnesses but felt the City's case would stand on its own merit in that the plaintiff had been unwilling to enter into an agreement with the City. This did not prove to be the case. The City Attorney indicated that he had been contacte~ by the plaintiff's attorney with an offer to settle for $1,750. Motion by Petkoff, second by Peterson to approve $1,750 for settlement of this case with the funds to come from whatever line item this matter was budgeted from as recommended by the City Manager. Roll call: All ayes b. Report of the City Attorney The City Attorney had nothing to report at this time. ADJOURNMENT Motion by Peterson, second by Carlson to adjourn the meeting at 10:45 p.m. Roll call: All ayes -Anne Student, -CI'~cil Secretary Council President Russell Paulson