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HomeMy WebLinkAboutApril 26, 1994OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS BOARD OF TRUSTEES VOLUNTEER RELIEF ASSOCIATION APRIL 26, 1994 o The Board of Trustees was called to order at 9:55 p.m. by Mayor Sturdevant. ROLL CALL Jolly, Nawrocki, Ruettimann, Peterson, Sturdevant- present APPROVAL OF MINUTES Motion by Nawrocki, second by Peterson to approve the minutes of the April 1 I, 1994 Board of Trustees Meeting as presented. Roll call: All ayes RECOMMENDATIONS FOR RELIEF ASSOCIATION MEMBERSHIP Motion by Peterson, second by Jolly to have the Fire Department Volunteer Relief Association Board of Trustees take official action to accept Patrick F. Lane and Jason M. Vant as members of the Association effective May 1, 1994. Roll call: All ayes JEFFREY C. LUNDGREN TERMINATION Motion by Nawrocki, second by Jolly to accept the resignation of Jeffrey C. Lundgren, Voluteer Fire Department, effective April 1, 1994. No Relief Association benefits have been accrued. Roll call: All ayes ADJOURNMENT Motion by Peterson, second by Nawrocki to adjourn the Board of Trustees meeting at 10:01 p.m. Roll call: All ayes ~/~/~ayor JoSeph ~turdevant nne Student, Council Secretary OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL RECONVENED COUNCIL MEETING APRIl. 26, 1994 The Reconvened Council Meeting was called to order at 7:30 p.m. by Mayor Sturdevant. 1. ~ Jolly, Nawrocki, Ruettimann, Petersou, Sturdevant - present ORDINANCES & RESOLUTIONS (cont.) a. First Reading - Ordinance No. 1286: Amending Pool Hall License Requircmrats Copies of the revised Ordinance No. 1286 were distributed as drafted by the City Attorney. Also distributed were copies of Ordinance No. 1287 which is a related ordinance pertaining to zoning amendments. It was pointed out that 5.402(8) addresses a conditional use permit and 5.402(7) addresses distances and patrons. Councilmember Ruettimann requested a definition of "legal guardian." The City Attorney noted it is defined in several different ways in State Statute but he would check this matter. Councilmember Nawrocki suggested it may be defmed in the Liquor Ordinance. The City Manager advised the definition is not included in the Liquor Ordinance. The City Manager reviewed 5.402(9) which states the conditions for revocation or suspension of the license. Councilmember Nawrocki again stated his opinion that the present pool hall ordinance should not be eliminated but a conditional use portion should be added. Various concerns with the proposed ordinance were addressed which included license fees, guidelines for conduct on the premises, verifiable complaints, legal guardian, and referral to Police Department. The City Attorney read a definition of legal guardian from a law book. Couacilmember Ruetfimann felt it was still confusing and wants the term "legal guardian" omitted from the ordinance. Motion by Peterson, second by Ruettimann to waive the reading of the ordinance there being ample copies available for the public. Roll call: AH ayes REGULAR COUNCIL MEETING APRIL 26, 1994 PAGE 2 ORDrNANCE NO. 1286 BEING AN ORDINANCE AMENDING ORDLNANCE NO. 853, CITY CODE OF 1977, PERTAINING TO POOL HAIJ~ LICENSE REQUIREMENTS The City of Columbia Heights does ordain: Chapter 5, Article IV, Section 2 (5.402), of Ordinance No. 853, City Code of 1977, which currently reads as follows, to wit: POOL HALLS SECTION 2 5.402(1) No person shall operate or maintain a pool hall or pool table on any premiss used for a business or commercial activity without a license issued pursuant to the provisions of this chapter. 5.402.(2) A license application for operation of pool tables on the same premises as any other licensed business or proposed commercial activity shall contain a statement indicating: (a) the nature of other licensed or proposed business or commercial activity, (b) the name of the licensee or license applicant for such a business, (c) whether the licensee or operator of the pool hall or pool tables would have operational control over both business activities. (d) whether the operation of pool tables would be an incident of said other licensed business, or would be an independent separate business sharing the same premises. 5.402(3) Applications shall contain a statement of the number of pool tables to be utilized and whether the tables are coin operated. 5.404(4) Applications shall he referred to the Chief of the Fire Prevention Bureau and the Building ln~ztor for an inspection of the premises and a report indicating whether the premises are in compliance with all applicable ordinances and regulations, unless the same premises have been previously inspected within the same calendar year in conjunction with the issuance of a license for any other business or commercial activity. REGULAR COUNCIL MEETING APRIL 26, 1994 PAGE 3 5.402(5) Applications under this section shall include a statement whether the applicant has ever been convicted for violation of any law relating to gambling activities. Such a conviction may be grounds for denial of said license application. 5.402(6) No pool hall licensed under this section shall be located within three hundred feet (300') of any school building or church. is herewith amended to read, 5.402(1) No person shall operate or Baaintain a pool hall or pool table on any premises used for a business or commercial activity unless that person (a) possesses a license issued pursuant to the provisions of this chapter; and (b) is at least eighteen years of age at the time of submitting an application for licensure pursuant to the provisions of this chapter. 5.402(2) For the purpose of this section, the terms "pool hall" and "billiards hall" shall mean any building, structure or tract of land which has as at least one use or activity providing of any of the following or any combination of any of the following amusements: (a) billiards/pool (not coin opera~) (b) snooker (not coin operated) (c) bumper pool (not coin operated) (d) table tennis (not coin operated) (e) less than nine (9) arcade games or devices as defined by 5.411(2)(b-e). 5.402(3) A license application for operation of pool tables on the same premises as any other licen.e~d business or proposed commercial activity shall contain a statement indicating: (a) the nature of other licensed or proposed business or commercial activity; 0a) the name and date of birth of the licensee or license applicant for such a business; (c) whether the licensee or operator of the pool hall or pool tables would have operational control over both business activities; REGULAR COUNCIL MEETING APRIL 26, 1994 PAGE 4 (d) whether the operation of pool tables would be an incident of said other licensed business, or would be an independent business sharing the ~me premises; 5.402(4) Applications shall contain a statement of the number of gaming tables to be utilized, and whether the tables are coin operated and if arcade games are to be utilized, the number of said games. 5.402(5) Applications shall be referred to the Chief of the Fire Prevention Bureau and the Building Inspector for an inspection of the premises and a report indicating whether the premises are in compliance with all applicable ordinances and regulations, unless the same premises have been previously inspected within the same calendar year in conjunction with the issuance of a license for any other business or commercial activity. 5.402(6) Applications under this section shall include a statement whether the applicant has ever been convicted for violation of any law relating to gambling activities. Such a conviction may be grounds for denial of said license application. 5.402(7) No pool hall licensed under this section: (i) shall be located: (a) within three hundred (300) feet of any school building or church, or, Co) if no alcohol is served at the pool hall or billiards hall, within two hundred (200) feet of any school building or church: (ii) Any pool hall or billiards hall operating pursuant to 5.402(7)(i)(b) shall prohibit any person not at least 18 years of age from entering the establishment as a patron unless accompanied by a parent or legal guardian. 5.402(8) For any person operating a pool hall or billiards hall pursuant to thi~ section 5.402, a conditional use permit shall be required and issued pursuant to and in accordance with the provisions of Chapter 9.105(5). 5.402(9) The license may be revoked or suspended in accordance with thi~ Chapter whenever the licensee, its owner, manager, or any .of its employees or agents have engaged in any of the following conduct: (a) Fraud, deception or misrepresentation in connection with the securing of a license; Co) Conduct inimical to the interests of public health, safety and welfare; REGULAR COUNCIL MEETING APRIL 26, 1994 PAGE 5 (c) Conduct involving moral turpitude; (d) Conviction of an offense involving moral turpitude by any court of competent jursidiction; (e) Failure to comply with any of the provisions of this section or engaging in conduct which would be grounds for denial of an initial application for licensure. In addition to the grounds for revocation set forth in subsections (a) through (e) above, it shall be grounds for revocation of the license if the Police Department for the City receives five or more complaints within one month's time of any of the following activities occurring within, upon or around the premises operating the licensed pool hall; fencing of stolen goods, possession and/or distribution of controlled substances, public intoxication, disorderly conduct or assault. First reading: April 26, 1994 b. First Reading - Ordinance No. 1287, Pertaining to Zoning Amendments Motion by Peterson, second by Ruettimann to waive the reading of Ordinance No. 1287 there being ample copies available for the public. Roll call: All ayes Councilmember Nawrocki referred to the memo received from the City's Police Department which addressed problems experienced with pool halls in other communities. lie hoped the provisions of the ordinance will avoid the problems experienced in other cities. He mentioned to the applicant he is is hopeful she fully understands the chances she is taking. ORDINANCE NO. 1287 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO ZONING AMENDMENTS The City of Columbia Heights does ordain: Section 9.112(2) of Ordinance No. 853, City Code of 1977, which currently reads as follows, to wit: 9.112(2) Conditional Uses Wi!bin any 'CBD' Business District, no structure or land shall be used for the following uses except by conditional use permit. REGULAR COUNCIL MEETING APRIL 26, 1994 PAGE 6 (a) Accessory structures Co) Dwelling units provided: 0) The units ao not occupy the first floor. (ii) That a roof intended for usable space shall be enclosed by a wall or fence not less than five (5) feet in height. (c) Open sales lots provided that: (i) The lot is surfaced and graded according to a plan submitted by the applicant and approved by the City Engineer. (ii) The assembly, repair, or manufacture of goods shall not occur within an open sales lot. (iii) If the operation of the open sales lot be self-operated or automated in total or in part, a site plan shall be submitted indicating the location of such devices. (iv) There is located thereon a building devoted to or used in such sales use which is at least as large in floor area as such occupation and use. (d) Off street parking lots subject to Section 9.116(2). (e) Parking ramps (0 Public utility structures (g) Vending machines (coin operated) whether they be for service or product they 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 the site, off street parking shall be provided at a ratio of one (1) space for each two vending machines. (h) Restaurants, cafes, tea rooms, taverns, bars, provided said design is to only serve customers seated at tables, counter and booths. (i) Arcades (j) Tennis, racquetball, handball, table tennis and boxing clubs that provide facilities such as auditorium or bleacher areas for viewing such that exhibitions arc possible. REGULAR COUNCIL MEETING APRIL 26, 1994 PAGE 7 (k) Massage therapist businesses licensed purusuant to j Section 5.612. (1) Day care centers. (m) Prepared food delivery establishments. shall hereafter be amended to read as follows, to wit, 9.112(2) Conditional Uses Within any 'CBD' Business District, no structure or land shall be used for the following uses except by conditional use permit. (a) Accessory structures (b) Dwelling units provided: (i) Accessory structures. (ii) That a roof intended for usable space shall be enclosed by a wall or fence not less than five (5) feet in height. (c) Open sales lots provided that: (i) The lot is surfaced and graded according to a plan submitted by the applicant and approved by the City Engineer. (ii) The assembly, repair, or manufacture of goods shall not occur within an open sales lot. (iii) If the operation of the open sales lot be self operated or automated in total or in part, a site plan shall be submitted indicating the location of such devices. (iv) There is located thereon a building devoted to and used in such sales use which is at least as large in floor area as such. occupation and use. (d) Off street parking lots subject to Section 9.116(2). (e) Parking ramps. (f) Public utility structures. REGULAR COUNCIL MEETING APRIL 26, 1994 PAGE 8 (g) Vending machines (coin operated) whether they be for service or product shall he 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 the site, off street parking shall be provided at a ratio of one (1) space for each two vending machines. (h) Restaurants, cafes, tea rooms, taverns, bars, provided said design is to only serve customers seated at tables, counters or booths. (i) Arcades. 0) Tennis, racquetball, handball, table tennis and boxing clubs that provide facilities such as auditoriums or bleacher areas for viewing such that exhibitions are possible. (k) Massage therapist businesses licensed pursuant to Section 5.612. (1) Day care centers. (m) Prepared food delivery establishments. (n) Pool/billiard halls. First Reading: April 26, 1994 c. Resolution No. 94-27: Adopting the Permanent Rules of the Wetland Conservation Act Motion by Ruettimann, second by Jolly to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 94-27 ADOPTION OF THE PERMANENT RULES OF THE WETLAND CONSERVATION ACT WHEREAS, the Minnesota Wetland Conservation Act of 1991 (WCA) requires local government units (LGIJs) implement this law by adopting the rules and regulations promulgated by the Board of Water and Soil Resources (BWSR) pertaining to wetland draining and filling; and WHEREAS, the BWSR is requesting LGUs adopting the permanent rules of the WCA to notify them of the LGU decision regarding adoption; and REGULAR COUNCIL MEETING APRIL 26, 1994 PAGE 9 WHEREAS, the LGU is responsible for making WCA determinations for landowners; and WHEREAS, the City of Columbia Heights is a techincal sub-unit of government capable of making determinations and developing replacement plans. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL for the City of Columbia Heights, County of Anoka, that it hereby accepts the responsibility as the LGU for the WCA within the legal boundaries of Columbia Heights as of April 25, 1994, within the guidelines as set forth by the WCA and rules. Dated this 26th day of April, 1994 Offered by: Ruettimann Seconded by: Jolly Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary ATTEST: I hereby certify that the foregoing 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 26th day of April, 1994, as shown by the minutes of said meeting in my possession. Jo-Anne Student, Deputy City Clerk d. Resolution Su_ _m~orting North Metro Ma.vors Association Legislative Initiatives for the Councilmember Nawrocki recommended that no action be taken on this resolution as most of the issues included in it have already been addressed by the Legislature. No Council action was taken on the resolution. e. Resolution No. 94-29 Being a Resolution Establishing City_ Manager's Wages and Compensation REGULAR COUNCIL MEETING ARIL 26, 1994 PAGE 10 Motion by Ruettimann, second by Peterson to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 94-29 RESOLUTION ESTABLISHING CITY MANAGER'S WAGES AND COMPENSATION WHEREAS, Patrick Hentges was appointed to position of City Manager pursuant to the terms and conditions of Resolution 93-11; and WHEREAS, the performance of the City Manager was evaluated and determined to be above satisfactory; and WHEREAS, Resolution No. 93-11 provided, that subject to a satisfactory review, the City Council may adjust the base salary of the City Manager, plus may grant performance merit pay. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Manager shall be compensated at an annual rate of $75,000 retroactive to January 1, 1994; and the car allowance shall continue at $250 per month. 2. The City Manager shall continue to earn vacation, holidays, sick leave, and deferred compensation, together with medical insurance payment at the rate for all other non-union essential and confidential employees. Offered by: Ruettimann Seconded by: Peterson Roll call: AH ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary Councilmember Nawrocki commented on the fact that goals and objectives for the coming year have not been set up. He felt a prime project to be worked on was the Sheffield Project. He wants better alternatives prepared by the City Manager for Council consideration. He also wants more general information on what is happening in the City on a more timely basis. Another concern of Councilmember Nawrocki was better use of personnel. REGULAR COUNCIL MEETING APRIL 26, 1994 PAGE 11 Councilmember Ruetfimann requested that agenda items be on a Council Work Session agenda so they can be discussed before they are put on a Council Meeting agenda. Councilmember Nawrocki noted that some agenda items flip flop and then are taken off agendas. He wants background information included with the Wednesday agenda for new items. He cited one item which was removed from the Friday agenda packet but had been included in the Wednesday packet. This dealt with a funding request for landfill lobbying efforts. The City Manager briefly explained what this issue was about and advised he will gather additional information. f. Resolution No. 94-28 Regarding House Fil~ 3636 and Need for Retention of Local Franchise Requirements Motion by Nawrocki, second by Jolly to waive the reading of the resolution there being ample copies available for the public. Roll call: AH ayes RESOLUTION NO. 94-28 RESOLUTION REGARDING HOUSE FILE 3636 AND THE NEED FOR RETENTION OF LOCAL FRANCHISE REQUIREMENTS WHEREAS, the City of Columbia Heights, Minnesotas ('City') has reviewed House File 3636 regarding a national communications infrastructure for telecommunications and competition; and WHEREAS, the City is concerned that House File 3636 must be carefully evaluated to ensure the preservation of local jurisdiction over cable television services; and WHEREAS, the City believes that the public has benefitted significantly and has been served through local regulation, that local regulation has evolved over a period of time, after considerable public expense, to ensure that cable television is responsive to local needs; and WHEREAS, in Minnesota, a carefully planned and drafted State Cable Act (Minn. Stat. Chapter 238) has served to guide and promote the development of cable television; and WHEREAS, Minn. Stat. 238.01, the Declaration of Legislative Findings and Intent, provides in pertinent part the following provision which we believe to be relevant for consideration by Congress in enactment of House File 3636: REGULAR COUNCIL MEETING APRIL 26, 1994 PAGE 12 the Legislature of the State of Minnesota has determined that while cable communications serve in part as an extension of interstate broadcasting, that their operations also involve public right-of-way, municipal franchising, as vital business and community service, which are of state concern; ... that the municipalities and the state would benefit from valuable educational and public services through cable communications systems; that the cable communications industry must provide the opportunity for minority participation and benefit which its diversity promises; .... that the cable communications industry is in a period of rapid growth and corporate consolidation and should proceed in accord with regional and statewidg service objectives; WHEREAS, the City believes that based on the legislative intent of Minn. Stat. Chapter 238, as well as mandated policies and procedures under Chapter 238, municipalities have joined with other municipalities throughout Minnesota to create arrangements, on a negotiated basis with cable operators, to ensure that the legislative intent of Chapter 238 is met; and WHEREAS, the City desires that the franchising structure that has been devised and developed over time in the State of Minnesota be retained. NOW, THEREFORE, in a regular meeting of the City, it was resolved as follows: 1. That the Congressional delegation serving the State of Minnesota must be informed of the nature and extent of the City's concern that local regulation and oversight of providers of technology for receiving, amplifying, transmitting, or otherwise distributing video signals or programming or other new video, date, and interactive services must be continued. 2. That House File 3636 must include adequate safeguards to ensure that municipal regulation is retained. 3. That the City will make this resolution available to the Minnesota Congressional delegation, adjoining communities and other interest grotlps including the League of Minnesota Cities, the Metropolitan Council, and other applicable Minnesota associations and organizations. Passed this 26th day of April, 1994. Offered by: Nawrocki Seconded by: Ruettimann Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary REGULAR COUNCIL MF.F. TING APRIL 26, 1994 PAGE 13 OLD BUSINESS a. Rejection of Playground FA~u_ i_oment Motion by Ruettimann, second by Peterson to reject the current quotations for playground equipment at Edgemoor, Keyes, and Hilltop Parks and direct staff to obtain quotes for equipment meeting ADA accessibility requirements. Councilmember Nawrocki wants the new specifications not to require tied bids. He is concerned that the supplier give equipment that is ADA equipment. He went to all of the parks and is not convinced that the equipment needs replacing. He also questions the need to buy interchangeable parts equipment. Roll call: All ayes b. S(~l'~lill_~ at Jollak Pl'o_~_ Councilmember Nawrocki inquired about the action of the Planning and Zoning Commission which did not require screening on the from side of the Jonak property. He noted it was required on the east and north sides but should really have been required on the south side as well. This area faces residential property. The City Manager will research the ability of the City to require this screening and will present a formal response. NEW BUSINESS Insurance Coverage from May 9:1994 to May 9, 1995 The Finance Director advised there is a limited market for writers of insurance for municipalities. Currently, there are only three companies writing municipal general liability coverage; League of Minnesota Cities In.surance Trust, St. Paul Companies and USF & G. He reviewed the coverage of the bids received. A verbal quote was received from the LMCIT. Councilmember Nawrocki noted that LMCIT defends claims for violation of the Open Meeting Law. Motion by Ruettimann, second by Nawrocki to table this matter until a Special Meeting of the City Council on May 5, 1994 at 6:00 p.m. in the Council Chamaers. Roll call: All ayes. REGULAR COUNCIL MEETING APRIL 26, 1994 PAGE 14 b. Au~orization tO Purchase Backhoe Attachment for Bobcat Motion by Peterson, second by Jolly to authorize the purchase of a backhoe attachment for the Bobcat from Tri-State Bobcat, Inc. of Shakopee, Minnesota, in the amount of $5,450.00 plus tax, funding to be from 601-49499-5180 and 602-49499-5180 and the appropriate sales tax funds; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Councilmember Nawrocki stated his objection to getting only one bid. He was advised there was a sole supplier. He felt the sole source should have been recognized. Roll call: All ayes c. Financing Alternatives for the Proposed Multi-Use Buildine Councilmembcr Nawrocki inquired if the financing alternatives which were to be presented to the Council were drafted yet. The City Manager responded they should be ready by the next day. He wants to discuss them with the City Council. Councilmember Ruettimann mentioned there were no commitments by the Park and Recreation Commission. d. Special Edition of a City_ Newsletter Councilmember Nawrocki recalled there was to be a special edition of the City newsletter which would focus on the Sheffield Neighborhood. He wants to see it before it goes to press. The City Manager noted the draft copy would be submitted to the City Council. e. Special Coordinator Position Councilmember Nawrocki, noting this position will soon become vacant, felt this would be an opportunity to discuss continuing the direction this position has taken. He mentioned the local programming costs and that the subscribers pay the franshise fee. There is a potential to lose the ability to have a franchise fee which pays a portion of the funding for the position. He noted this position could be viewed as 'empire building." f. Waste Handling Charges Councilmember Nawrocki requested information regarding administrative waste handling charges. The City Manager advised there is a May 2nd workshop on assessments scheduled. This information will come from this workshop. REGULAR COUNCIL MEETING APRIL 26, 1994 PAGE 15 g. Article in Minneapolis Paper Councilmember Nawrocki referred to a recent article which appeared in the Minneapolis Star Tribune regarding a project of U S WEST offering multi-media voice opportunities. This proposal will service about half of Columbia Heights and be available to residents. a. Report of City_ Manager The City Manager's report was submitted in written form and the following items were discussed: Section 8 Housing Assistance: The City Manager reviewed the status of this matter. County_ Solid Waste Assessment Fee: Councilmember Nawrocki inquired if this fee will be applied against tax forfeit property. The City Manager responded he did not believe it would. b. Report of City. Attorney The City Attorney had nothing to report at this time. ADJOURNMENT Motion by Peterson, second by Ruettimann to adjourn the meeting at 9:55 p.m. Roll call.' All ayes  /May°r~oseph Sturdevant Anne-Student, ~ouncil Secretary