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HomeMy WebLinkAboutOctober 14, 1996OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING OCTOBER 14, 1996 ROLL CALL/CALL TO ORDER Mayor Sturdevant and Councilm~mbers Jones, and Peterson were present. Jolly, Ruettimann Mayor Sturdevant called the Council Meeting to order at 7:03 p.m. 2. pLEDGE OF ALLEGIANCE 3. ~DDITIONS/DELETIONS TO MEETING AGENDA The following were additions and corrections to the meeting agenda: a) One correction to page #9 in the minutes of the September 23, 1996 Regular Council Meeting. b) Addition of 7-c-4; Approval of starting rate for Police Department Secretary II-A position c) Memo dated September 25, 1996 from Lowell DeMars which addresses rental license fees. 4. CONSENT AGENDA Motion by Peterson, second by Jones to approve the following items on the Consent Agenda: Adoption of Council Minutes The Council approved the adoption of the minutes of the Regular Council Meeting of September 23, 1996 as presented. Establish Work Sessions for October The Council established Monday, October 14, 1996 (immediately following the City Council Meeting) and October 21, 1996 at 7:00 p.m. as City Council work session dates. Approve Recreation Director's Attendance at MRPA State The Council authorized the attendance of the Recreation Director at the Minnesota Recreation and Park Association state conference to be held in Duluth, Minnesota, from November 5 - 8, 1996; and authorized that all related expenses be reimbursed from Funds 101-45000-3105 and 101-45000-3320. Approve Variance for Bruce Lamo. 2129 No. Upland Crest. Case The Council approved the 3.75 foot front yard setback variance for 2129 No. Upland Crest due to the hardship of the topography of the lot and tree location. .REGULAR CouNCIL MEETING OCTOBER 14, 1996 PAGE 2 Authorize Lease Agreement with NEI-College of Technology and Recreation Department The Council authorized the Mayor and City Manager to enter into a lease agreement with NEI-College of Technology for the Recreation Department's use of NEI's gymnasium from September 1, 1996 through May 31, 1997. Approve Revised Murzyn Hall Lease Agreement The Council approved the revised Murzyn Hall lease agreement as outlined in the September 25, 1996, submittal by the Park and Recreation Commission. Authorize Installation of "Values First" Signs Throughout the City The Council authorized staff to place up to 50 "Values First" signs throughout the community in order to serve as a reminder to our citizens and to support our "Values First" effort. Accept $1o000 Donation from the Columbia Heights Lions Club The Council accepted the $1,000 donation from the Columbia Heights Lions Club for the 1996 City fireworks display and the cash amount reflected in the 881 budget account. Change Council Meeting Date of December 9. 1996 to December 2. 1996 The Council approved changing the date of the first Council Meeting in December from December 9, 1996 to December 2, 1996 at 7:00 p.m. Approval of License Applications The Council approved the 1996 license applications as listed upon payment of proper fees and approved the rental housing licenses as listed on the October 14, 1996 memorandum from Lowell DeMars. Approval of Pa_vment of Bills The Council approved the payment of the bills as listed out of proper funds. ApDrQval of Resolution No. 96-60 Being a Resolution Approving ~he 1997 License Fee Schedule. The reading of the resolution was waived. RESOLUTION NO. 96-60 ADOPTING 1997 BUSINESS LICENSE FEES REGULAR COUNCIL MEETING OCTOBER 14, 1996 PAGE 3 5 WHEREAS: Ordinance No. 853, City Code of 1977, pertaining to commercial licensing regulations provides for the establishing of annual license fees; and WHEREAS: The City has participated in a survey of metropolitan municipalities regarding business license fees charged by other communities; and WHEREAS: The City is attempting to maintain business licenses which are comparable; and WHEREAS: The City annually reviews its business license fee schedule; NOW, THEREFORE, BE IT RESOLVED that the attached proposed license fee schedule be adopted and effective January 1, 1997. Passed this 14th day of October, 1996. Roll call on Consent Agenda: Ail ayes RECOGNITION. PROCLAMATIONS. PRESENTATIONS AND GUESTS There were no items for this portion of the meeting. 6. PUBLIC HEARINGS a. Resolution No. 96-61 Beina a Resolution ApDroving Revocation of Rental License for. 3849 Jackson Street Firefighter Gorman gave an update on this rental property. The property owner has been non-responsive to information requested regarding the license. He also advised the water has been shut-off in the building and there may still be tenants residing in the second floor unit. The lower floor is owner- occupied. Motion by Peterson, second by Jolly to close the public hearing on the license revocation for 3849 Jackson Street. Roll call: All ayes Motion by Peterson, second by Sturdevant to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes REGULAR COUNCIL MEETING OCTOBER 14, 1996 PAGE 4 RESOLUTIQN NO, 96-61 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY NANCY SHALEEN, (HEREINAFTER "LICENSE HOLDER") WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 3849 JACKSON STREET, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON OCTOBER 3, 1996, OF A PUBLIC HEARING TO BE HELD ON OCTOBER 14, 1996. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT 1. That on June 1, 1996, Lowell DeMars, Enforcement Officer, for the City of Columbia Heights, mailed re-licensing applications to Ms. Nancy Shaleen, owner of the real property and incidental buildings located thereon at 3849 Jackson Street, within the City of Columbia Heights, Minnesota, and owned, according to the application for rental license on file for the above-described real property by Nancy Shaleen. 2. That on two other occasions, re-licensing applications were mailed to Ms. Shaleen with a response from Ms. Shaleen on Friday, October 4, 1996, that she would return the re- licensing application to this office on Monday, October 7, 1996, and that as of Wednesday, October 9, 1996, Ms. Shaleen has failed to return the required application and fee. 3. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COUNCIL 1. That the building located at 3849 Jackson Street is in violation of the provisions of the Columbia Heights City Code. REGULAR COUNCIL MEETING OCTOBER 14, 1996 PAGE 5 2. That all relevant parties and parties in interest have been duly served notice of this hearing and any other hearings relevant to the revocation or suspension of the license held by License Holder. 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F-1192 is hereby revoked/suspended (cross one out); 2. The City shall post for the purpose of preventing occupancy, a copy of this order on the buildings covered by the license held by License Holder. 3. Ail tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this 14th day of October, 1996. Offered by: Seconded by: Roll call: Peterson Jolly All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary b. Resolution No. 96-62 Being a Resolution ADProving Revocation of Rental Property License for 4222 MonrQe Stree% Firefighter Gorman was advised by the owner of 4222 Monroe Street he intends to remove the tenant from the property and is putting the building up for sale. To date, neither one of these actions appeared to have occurred. Motion by Peterson, second by Jolly to close the public hearing regarding the rental license revocation for 4222 Monroe Street. Roll call: All ayes Councilmember Jolly felt staff should add a motion on the agenda which addresses the closing of a public hearing. REGULAR COUNCIL MEETING OCTOBER 14, 1996 PAGE 6 The City Attorney advised this can be done by the Mayor and would not require a formal motion. The City Manager will pursue a form which is workable for this situation. Motion by Peterson, second by Jones to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 96-62 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY ROBERT C. WITT (HEREINAFTER "LICENSE HOLDER") WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4222 MONROE STREET, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON OCTOBER 3, 1996, OF A PUBLIC HEARING TO BE HELD ON OCTOBER 14, 1996. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: ~INDINGS OF FACT 1. That on June 1, 1996, Lowell DeMars, Enforcement Officer, for the City of Columbia Heights, mailed re-licensing applications to Mr. Robert C. Witt, owner of the real property and incidental buildings located thereon at 4222 Monroe Street, within the City of Columbia Heights, Minnesota, and owned, according to the application for rental license on file for the above-described real property by Robert C. Witt. 2. That on one other occasion, re-licensing applications were mailed to Mr. Witt with a response from Mr. Witt that he would be removing the current tenant from the property and place the property for sale. · REGULAR CouNcIL MEETING OCTOBER 14, 1996 PAGE 7 3. That all parties, including the license holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). 4. That on October 8, 1996, firefighter/inspector Gary Gorman hand delivered a hearing notice to the current tenant and in conversation with the tenant, was informed that, in fact, Mr. Witt had given the tenant no notice to move. CONCLUSIONS OF COUNCIL 1. That the building located at 4222 Monroe Street is in violation of the provisions of the Columbia Heights City Code. 2. That all relevant parties and parties in interest have been duly served notice of this hearing,and any other hearings relevant to the revocation or suspension of the license held by License Holder. 3. That all applicable rights and periods of appeal as relating to the License Holder, owner, occupant or tenant, as the case may be, have expired, or such rights have been exercised completed. ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F-1049 is hereby revoked/suspensed; 2. The City shall post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. Ail tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this 14th day of October, 1996. Offered by: Seconded by: Roll call: Peterson Jones Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary REGULAR COUNCIL MEETING OCTOBER 14, 1996 PAGE 8 c. First Reading of Ordinance No. 1333 Being an Ordinance Repealing Certain Sections From License Ordinance Section of the City Code The City Manager advised this matter had been addressed by a committee during many meetings. It has also been a topic of discussion at a recent Council work session. Motion by Peterson, second by Jones to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1333 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853. CITY CODE OF 1977. PERTAINING TO THE REPEAL OF CERTAIN SECTIONS OF THE REOUIREMENTS OF THE CITY The City Council of the City of Columbia Heights does ordain: Section 1: Section 5.201 of Ordinance No. 853. ¢~ty Code of 1977. pertaining to the licensing of Auctioneers, which reads as follows, to wit: 5.201 fl~ No person shall engage in or conduct business as an Auctioneer without a license issued prusuant to the provisions of this chapter. fa~ Every license applicant under this section shall present proof to the Council of a license issued by any County Auditor in the State of Minnesota. and proof of a bond filed pursuant to Minnesota Statutes Chapter 330. Lack of such proof shall be mandatory grounds for denial of th~ license aDDlication, Cb) A separate license shall be required for each agent or employee of a licensee who is directly or indirectly selling auctioned items. ~.201 (2~ The Drovisions of this section shall not apDlv to sales made bv sheriffs, coroners, constables, tax collectors. or sales of personal property under chattel, mortgage or other .REGULAR COUNCIL MEETING OCTOBER 14, 1996 PAGE 9 IS HEREBY REPEALED. Section 2: Section 5.301 of Ordinance No. 853. City Code of 1977. pertaining to the licensing of Food Establishments. which reads as foll~w~.., to-wit~ 5.301 (11 No person shall engage in or conduct business operating a food establishment without a license issued pursuant to the provisi9ns Q~ this chapter. Licenses issued under ~his section shall be categorized on the following basis: Class Class Class Class Class Itinerant Food Establishments Food Catering.Vehicle Food Vending Machine Restaurant Drive-In Restaurant 5.301 (2~ FQr DUrDoses Q~ this ~Qde, the following words shall have the meaning ascribed to them and such definitions shall apply in the interpretatioD and enforcement of thi~ (a%"Food Establishment" means any buildina, room. m~chine stand, enclosure, vehicle, space, area or other place wherein food is stored or prepared, served, and sold primarily for immediate consumption. (bi "Itinerant Food Establishment" means a food establishment operating for a temporary period such as. but not limited to food facilities for a fair. carnival, circus, or public exhibition, other thaD a catering food vehicle. (c~ "Food Catering Vehicle" means any vehicle used ~o transport food from its point of preparation or Dlace of distribution to a place where the food i~ ~old and served directly from the vehicle %Q th~ consumer, any vehicle wherein food is prepared for sale and service to the consumer, or any vehicl- wherein perishable food or dairy products ar~ stored for or delivered to customers on a reaular Foute for either immediate or future consumption. Cd) "Food Vending Machine" means any self-servic~ ~evice which uPOn insertion of a Coin. coins or ~9kens, dispenses unit servings of food. beveraq~ ~r ice. either in bulk or in packages. REGULARA COUNCIL MEETING OCTOBER 14, 1996 PAGE 10 (el "Restaurant" mpans any building wherein food is preDared, served and sold for immediate consumption therein, and not operating for a temporary period. (fl "Drive-In Restaurant" means any restaurant as defined above that also pr~par~ food for carry-out and immediate consumption in motor vehicles parked adjacent to the restaurant. (gl "Adulterated Food" means any food which bears Qr contains any poisonous Or deleterious substance which maybe injurious to health, provided however. that wher~ such food b~ars or contains any such substance .for which a safe tolerance or standard has been established by lawful regulation, or law. ~uch food shall not be adulterated food if such substance is not in excess of tolerance of standard: or consists in whole or in part of the Droduct of decayed or decomposed substance, or GQnsists in whole or in part of the Droduct of a diseased animal, or an animal which has died by ~ccident. disease, or other than by slaughter: or contained in an immediate package which is composed Of any poisonous or deleterious substance which may render %be contents ~Djurious to health. (hi "Food Service Employee" means any person who renders service which requires the handling of food or food utensils. ~i) "Food" means any raw. cooked or process~ subs%ance, non-alcoholic beveraae or ingredient. which is used or intended for use in whole or in part for human consumption, including ice and (j)"Food Contact Surfaces" means those surfaces of the equipment and utensils with which food normally comes into contact or may come into contact. (kl "Misbranding" means the use of any written. printed, or araphic matter upon or accompanying products or containers of food. including signs, or placecards, displayed in relation to such Droducts ~Q dispensed, which is false or misleading, or which violates any local, state or federal labeliB~ requirements. REGULAR COUNCIL MEETING OCTOBER 14, 1996 PAGE 11 (1) "Perishable Food" means food consisting of fresh fruits or veaetables. (m) "Readily perishable food" means any food consisting in whole or in part of milk. milk products, eggs. meat. fish. poultry or any other food capable of supporting rapid and progressive growth of micro-organism~ which can cause food infections or food intoxication, excluding packaged food in hermetically sealed containers processed by heat to prevent spoilage and dry or powdered packaged kood so low in moisture content as to preclude development of micro-oraanisms. (n) "Utensils" means all kitchenware, tableware. dishes, glassware, cutlery, pots. pans. containers. implements of other equipment with which food comes in contact during storage, cooking, preparation. display or serving. ~O~ "Wholesome" means food which is sound. healthful, clean, unadulterated and in all ways fit for human consumption. ~.30~ (3% A Class 3 license is supplemental to the requirement for any other class of license under this section where a food vending machine will be located on the premises of another Glass food establishment. A Class 5 license shall be in lieu of a Class 4 license. add Do person shall be reouired to obtain both licenses for a food establishment oDerating out of one building. The requirement for any license under this section is supplemental to the requirement for a license under any other section of this article. ~,~01 (4) License apDlicants under this section shall provide the following information in the license application as is appropriate: fa) The Class of food establishment license applied for and the kind of food to be served. (b) For a Class 1 license, the reason for a $gmporary food establishment, indicatino the nature of any commercial activity that will be going on~ ~nd the requested term for the license. REGULAR COUNCIL MEETING OCTOBER 14, 1996 PAGE 12 lc% For a ¢las~ 2 lic~Dse, the place where food will be prepared and ~be place, route, or geographic area where food will be sold: the number of vehicles tO be utilized, the serial number of each such vehicle, and the name ~nd ~ddr~ss of the owner if different from the license applicant. Cd~ For a Class 3 license, a description of the premises where the licensed machine will be located, and the total number of licensed machines to be located on the same premises. (e~ For a Class 4 license, the proposed seating capacity o~ th~ restaurant. (f) For a Class ~ license, th~ proposed seatina capacity in the building and the proposed number of parking spaces in the lot. (g% A list of all food service licenses or permits issued to the applicant by any municipality of the State of Minnesota within th~ preceding thre~ years, toaether with a statement of whether any such license Qr permit was suspended or revoked, and a statement of facts pertainina thereto. (hi No applicant shall be eligible for a Class 1.2.4 or 5 license unless such applicant has first obtained a license from the Anoka County Health Department. 5.301 ¢5% The Clerk shall refer applications for ~ Class 1, 4 or Clas~ 5 license to the Chief of the Fire Prevention Bureau and the Buildina Inspector for an inspection of the premises and a report indicating whether the premises are in compliaD~e with applicable ordinances and regulations. 5.301 ~6) Every licensee under this section shall at all time~ maintai~ required minimum food. health and sanitation standards as are hereinafter provided, or as may b~ promulgated by the Health Authority. (a) The licensee shall abide by any written orOer Qf the Health Authority that is issued to abate an unsanitary or unhealthy condition. (b} The licensee shall take steDs to abate any unsanitary or unhealthy condition after receipt Of ~ warnin~ ta~ describing such condition from the Health Authority. REGULAR COUNCIL MEETING OCTOBER 14, 1996 PAGE 13 (C~ Failur~ of a lioens~e tQ abide by any order of the Health Authority. or to take abatement action after receipt of a warning tag from the Health Authority shall be grounds for license revocation or suspension, pr such other action restricting the privileges of ~he liGensee as the Council may determine. Repeated i~suance of warning tags to the licensee shall also be arounds for license revocation, suspension, or other restriction by the 5.301 (7~ Every licensee under this section shall maintain the following standards relating to food: fa% Food s~all be kept clean, wholesome, and free £.rom spoilage, adulteration, or misbranding. Food ~all be prepared, processed, handled, packaged. transported, and stored so as to be protected frQ~ GQntamination and spoilag~ and safe for humaD oonsumption. (b~ Milk and fluid milk products shall be Grade "~". Poultry. meat~ and Doultr¥ and meat prQduc~s ~hall be U.S.D.A. approved, or approved by aDPropriat~ state d~si~nated agencies or of $icials, [C% Ail foods shall be protected against contamination, from work surfaces which are not clea~.~ utgnsils which have not been sanitized, unnecessary handling, flooding from sewage or ~r~inage overflow, overhead moisture leakage, dust, flies, insects, rodents, other vermin, or any other ~urce of contamination. (d% Perishable foods shall be stored a% such temperatures as will provide protection agains% spoilage. Readily perishable foods shall bg. stor~d at or below 40 degrees F. or at or dearees F. Frozen food shall be stored at or below O degrees F. 5.301 ~8} Every_ licensee under this section shall maintain and enforce the following standards relating to food service (a} All persons shall wear clean outer garments, maintain a high degree of personal cleanliness, and conform to hygenic practices during all periods of duty. Hair nets. head bands, caps. or other hair restraints shall be used to keep hair from food, utensils, and equipment. -REGULAR CouNCIL MEETING OCTOBER 14, 1996 PAGE 14 Cb~ All persons shall wash their hands thoroughly before starting work. and before resuming work after visitina the rest room. and as often as is necessary to re~ove soil and ~ontamination. fc~ Tobacco in any form shall not be used by persons while engaged in handling, preparing or serving food. or cleaning utensils and equipment. rd) No person infec%ed with a communicable disease or illness, or other Dhysical condition such as boils, open sores. 9r oDen wpunds shall be permitted to perform duties as a food service emDloyee where such disease, illness or condition may be transmitted tO others or jeopardize maintenance of health and sanitation standards of the food establishment. The licensee shall freely consult with the Health Authority at any time when the licensee believes that the physical condition of a food service worker may jeopardize the health and sanitation standards of the restaurant or the health and well being of the public. A copy of this section shall be posted in a conspicuous Dlace for employees. 5,301 (9~ Every licensee under this section shall maintain the folloiwn~ standards for cleanliness and sanitation Q£ equipment and utensils. f~) ~11 new and replacement equipment and utensils shall be of such materials, workmanship, and design ~s to be smooth: easily cleanable: resistant wear. denting, buckling. Pitting, chipping and razing: and capable of withstandina scrubbing. ~couring. repeated corrosive action of cleaning compounds, and other normal conditions operations. Food ¢O~tact surfaces shall be non-toxic and readily accessible for cleaning and inspection. Toxic materials shall not be stored or used in food service areas, except as required for sanitary operations. Such materials may not be used in any manner that threatens to contaminate food. " REGULAR COUNC'IL MEETING OCTOBER 14, 1996 PAGE 15 (bi Cleaning and sanitation of utensils may be by chemical method or b~ hot water method, in accordance with standards that are approved by the Health Authority. The minimum water temperature for effective sanitation treatment shall be at least 170 degrees F. All utensils and equipment shall be thoroughly cleaned and food contact surfaces of utensils and equipment shall be saDitized and stored in such a manner as to be protected from contamination. 5,901 fl0~ Every Class 1. 4 and 5 licensee under this section shall maintain the following standards of cleanliness. hygiene, and sanitation on the food establishment premises: (~) Every food establishment premises, other than itinerant food establishments handling only pre- packaged food. shall have adequate restroom facilities which are kept clean, in good repair. add free from flies, insects and offensive odors. ~ot ~d cold runniDg water, hand cleansing compound, sanitary towels or hand-dryin~ devices. and toilet ti~su~ shall be provided. Hand washing facili%ies shall be provided within all areas where ~OQ~ is prepared. No private facilities of an ~jQining residence shall be used to comply with %he provisions of this section. (bi All garbage and refuse shall, prior tQ disposal, be kept in tight non-absorbent containers which shall be kept covered with close-fitting lids when filled, in storage, or not in continuous us~. All other refuse shall be stored in containers, rooms, or areas, in a manner approved by the Health Authority. The rooms, enclosures, areas, a~ ~QDtainers used should be adequate for the storage Of all garbage and refuse accumulating on premises. Adequate cleaning facilities shall be provided, and each container, room. or area shall ~ thoroughly cleaned after the emptying or removal Of garbage and refuse. Ail ~arba~e_ and refus9 shall be disposed of with sufficient frequency and in such a manner as to prevent a nuisance. REGULAR COUNCIL MEETING OCTOBER 14, 1996 PAGE 16 (c~ Ail floors shall be kept clean and in aood repair, and the use of sawdust and similar materials shall not be permitted. Floor drains shall be provided in all rooms where floors are subjected to flood-type cleaning or where normal operations release or discharge water or other liquid wastes on the floor. The walking and driving surfaces of all exterior areas where food iS served shall be kept clean, properly drained and finished with concrete, paving or equivalent to facilitate maintenance and minimize dust. The walls and ceilinas of all rooms shall be kept clean and in good repair. All walls of rooms or areas in which food is prepared, or utensils or hands are washed, shall have easily cleanable, washable surfaces up to the ~ghest level reached by splash or spray. (d) Ail rooms in which food is prepared or served. or utensils are washed, and rest. dressing, and locker rooms, and garbage and refuse storage areas shall be well ventilated and shall be free of excessive odors, condensation, vapors, smoke, and fumes. Cooking equipment shall be provided with exhaust ventilation equipment. (e~ The premises shall be kept neat. clean, and free of litter and refuse. Cleaning operations shall be conducted in such a manner as to minimize contamination of food and food contact surfaces. No food service operations shall be conducted in any room used as living or sleeping quarters. Soiled linens, coats, and aprons shall be kept in containers until removed for launderina. No live birds or animals shall be allowed in any area where food is prepared, stored, or served, provided, that ~uide dogs accompanying blind persons may be permitted in the dining areas of a food establishment. 5,301(11) The followina conditions shall apply to licenses issued under this section: Ca) No Class 2 licensee shall operate a catering vehicle between the hours of 12 p.m. and 5 a.m. REGULAR COUNCIL MEETING OCTOBER 14, 1996 PAGE 17 (bi Every Class ~ licensee sha~l maintain quiet and good order upon the premise~ and not permit disorderly or immoral conduct or loitering thereon. nor shall he cause or per,it any noise or nuisance on the parking area of ~he drive-in restaurant whereby the quiet and good order of the neighborhood are disturbed. The licensee shall provide no less than two receptacles for receiDt of trash litter at appropriate locations on the premises. The licensee shall post on the premises in a conspicuous location one or more signs bearing the following legend: "Cruising in or congregating or loiterina Dutside of a motQr vehicle ks unlawful. No unoccupied vehicles may be left on the Dremises without the consent of the restaurant operator". .lc/ The term Qf a Class 1 licensee shall be as determined by the Council. notwithstanding 5.103f11(a/ of this Code, 5.301(121 The following persons establishment licensing, to-wit: are exempt from food (al A person whose place of business is a carnival, circus or fair and who holds a license pursuant tQ Minnesota Statutes Chapters 28A or 157, (bi Cafeterias or restaurants located in private businesses: (il which are not open to the general public; (iii which are incidental to the princiDal business in which they are located, and (iiil which are inspected and licensed by ~he Anoka County Health Department. HEREWITH REPEALED. Section 3: Section 5.303 of Ordinance No. 853, City Code of 1977, pertaining to the licensing of Grocery Stores, which reads as follows, to-wit: REGULAR COUNCIL MEETING OCTOBER 14, 1996 PAGE 18 5.303 (1) NO person shall engage in or conduct the business of operating a grocery store, without a license issued pursuant to the provisions of this chapter. 5.303 (2) For purposes of this section, a grocery store shall be defined as a store engaged in the sale, at retail, of pre- packaged foods that are not intended for immediate consumption. 5.303 (3) The Clerk shall refer applications for a grocery store license 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 applicable ordinances and regulations. 5.303 (4) The requirement for a license under this section is supplemental to the requirement for a license under any other section of this chapter. IS HEREWITH REPEALED. Section 4: Section 5.304 of Ordinance No. 853, City Code of 1977, pertaining to the licgnsing of Fresh Food Stores, which reads as follows, to-wit: 5.304(1) No person shall engage in or conduct the business of a fresh food store without a license issued pursuant to the provisions of this chapter. 5.304(2) For purposes of this section, a fresh food store shall be defined as a store engaged in the sale at retail of bulk foods packaged on the premises and not intended for immediate consumption, such as but not limited to meats, poultry, fish and bakery products. 5.304(3) Every licensee under this section shall maintain the standards prescribed by 5.301(7), 5.301(8) and 5.301(9) of this Code, and be subject to the same sanctions of 5.301(6) of this Code. 5.304(4) The requirement for a license under this section is supplemental to the requirement for a license under any other section of this chapter. SHA~ MEREWITH BE REPEALED. Section 5: Section 5.401 of Ordinance No. 853, City Code of 1977, pertaining to the licensing of Bowling Alleys, which reads as follows, to-wit: 'REGULAR COUNCIL MEETING OCTOBER 14, 1996 PAGE 19 5.401(1) No person shall engage in the business of operating or maintaining a commercial bowling alley without a license issued pursuant to the provisions of this chapter. 5.401(2) The license application shall include a statement of the planned number of alleys, the total seating capacity, and the nature of any other licensed business currently operated or planned on the same premises. 5.401(3) The application 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 applicable ordinances and regulations. IS HEREWITH REPEALED. Section 5: Section 5.403 of Ordinance No. 853, City Code of 1977, pertaining to the licensing of Theaters, which reads as follow, to-wit: 5.403(1) No person shall operate or conduct a legitimate theater or moving picture theater without a license issued pursuant to the provisions of this chapter. 5.403(2) The application 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 applicable ordinances and regulations. IS HEREWITH REPEALED. Section 6: Section 5.405 of Ordinance No. 853, City Code of 1977, pertaining to the licensing of Musical Devices, which reads as follows, to-wit: 5.405(1) No person shall possess, keep, permit or maintain any mechanical musical device, as hereinafter defined, on any premises used for a business or commercial activity without a license issued pursuant to the provisions of this chapter. 5.405(2) For purposes of this section, a "mechanical musical device" shall be defined as any device for producing, reproducing or playing musical selections or numbers, either randomly or by pre-selection or both, and which is operated by depositing a coin or token therein, or which is mechanically operated after direct or indirect payment to an operator. REGULAR COUNCIL MEETING OCTOBER 14, 1996 PAGE 20 5.405(3) Applications under this section shall include a statement of, (a) A general description of the device to be licensed and trade name if any, (b) The name and address of the owner of the device if other than the licensee, (c) The nature of any other general business or commercial activity carried on at the proposed place of operation of the device, (d) The denomination of the coin or coins required for the operation of the device, or the value of the token used in lieu thereof, or a description of any other direct or indirect payment that will be received for such operation. 5.405(4) A separate license shall be required for each machine. The location of all machines operated by the same licensee may be interchanged without application therefore, provided that a notice of change of location is filed with the clerk. IS HEREWITH REPEALED. Section 7: Section 5.406 of Ordinance No. 853, City Code of 1977, pertaining to the licensing of Children's Amusements, which reads as follows, to-wit: 5.406(1) No person shall operate an "amusement device" as hereinafter defined, without a license issued pursuant to the provisions of this chapter. 5.406(2) For purposes of this section, an "amusement device" shall include any device used exclusively by children, such as, but not limited to, kiddie cars, miniature airplane rides, mechanical horses, and other miniature mechanical devices not operated as a part of or in connection with any carnival, circus, show or other entertainment or exhibition. 5.406(3) An applicant under this section shall furnish the Clerk proof of a policy of liability insurance in the sum of not less than $100,000 for injury to one person and not less than $300,000 for one accident prior to the issuance of a license under this section. Said policy'shall be written by an insurance company authorized to do business in the State of Minnesota. REGULAR COUNCIL MEETING OCTOBER 14, 1996 PAGE 21 HEREWITH REPEALED. Section 8: Section 5.407 of Ordinance No. 853, City Code of 1977 pertaining to the licensing of Public Dances, which reads as follows, to-wit: 5.407(1) No person shall give, hold or conduct a public dance or allow a public dance to be conducted on his premises without a permit to hold, give and conduct such public dance issued pursuant to the provisions of this chapter. 5.407(2) The licensing and regulations of public dances under this chapter shall be subject to and in accordance with the provisions of Minnesota Statutes 624.42 to 624.54. Said statutes shall govern over any terms contained herein which are contradictory or inconsistent therewith, except that the below named terms shall have the meanings ascribed to them: ~ "Public Dancing Place" shall mean any place which is designed for dancing to be carried on other than a private residence. (b) "Public Dance" shall mean every dance held in a public dancing place, whether an admission fee is charged or not. 5.407(3) Application for a dance permit shall be submitted to the Clerk on forms prepared and furnished by the City. The application shall include the following information: (a) Name and address of the person, persons, organization, firm or corporation which is to conduct the dance or dances. (b) The schedule of time or times where dances are to be held, and the place for said dances. (c) The area of the dance floor, and seating capacity. (d) The application shall show affirmatively that each of the applicants, or each of the partners or officers of the corporation or organization making application is a person of good moral character and reputation in the community in which he lives; that none of the applicants, partners, or officers thereof, has been convicted of a violation of any of the provisions of M.S.A. 624.42 to 624.54 or of any ordinance or law regulating dances; that no one REGULAR COUNCIL MEETING OCTOBER 14, 1996 PAGE 22 of the applicants, partners, or officers thereof is a keeper of a disorderly house of any .kind; that the place where the dance is to be conducted will not have any "private. apartments" or "private rooms" furnished or used for any other than legitimate business purposes which adjoin such dancing places or which may be reached by elevator, stairway or passageway leading from such dancing place. 5.407(4) Such application shall be accompanied by the affidavits of two freeholders in the City stating that they have read the application as signed by the applicant and that all statements made therein are true to their own personal knowledge. 5.407(5) Applications shall be referred to the Chief of Police for an investigation of any past criminal record for the above mentioned crimes, by the applicant, or by any officer or partner of the named applicant. A report on such investigation shall be made to the Council. 5.407(6) 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 and are adequately equipped with toilets, washrooms, lighting and ventilation. 5.407(7) Permit fees shall be established by Council resolution and may be on a pro-rated basis dependent upon the duration of the permit. 5.407(8) No public dances shall be conducted between 1 a.m. and 6 a.m. of any day except Sunday, nor between the hours of 1 a.m. and 12 noon on Sunday. 5.407(9) No permittee under this section shall permit the use of beer or intoxicating liquor upon the premises where a public dance is being conducted during the time of such dance. This provision shall not apply where the public dance is conducted at a location where the sale of beer or intoxicating liquor for consumption on the premises is allowed by other provisions of law. IS HEREBY REPEALED. Section 9: Section 5.409 of Ordinance No. 853, City Code of 1977, pertaining to the licensing of Swimming Pools, which reads as follows, to-wit: REGULAR COUNCIL MEETING OCTOBER 14, 1996 PAGE 23 5.409(1) NO person shall operate or maintain a public swimming pool without a license issued pursuant to the provisions of this chapter. 5.409(2) For purposes of this Code, the following words shall have the meanings ascribed to them: (a) "Swimming Pool" means any structure, basin, chamber or tank containing an artificial body of water for swimming, diving, or recreational bathing, more than 200 square feet in area or over 24 inches in depth, above or below the ground. (b) "Private Residential Swimming Pool" means any swimming pool, located on private property under the control of the homeowner, apartment owner, or land owner, the use of which is limited to swimming or bathing by members of his family, tenants, or their invited guests. (c) "Public Swimming Pool" means any swimming pool, intended to be used collectively by numbers of persons for swimming or bathing operated by any person as defined herein, whether he be the owner, lessee, operator, licensee, or concessionaire, regardless of whether a fee is charged for such use. 5.409(3) Every licensee under this section shall insure that the below named regulations are followed during hours of operation for a pool licensed under this section: (a) Pools shall be illuminated when in use after sunset. Such illumination may not be directed into or unto adjacent property and shall measure no more than one foot candle of illumination at any point on the boundary lines of adjacent property. (b) Appropriate facilities shall be provided for the safety of bathers as may be required by the Health Authority. This shall include lifesaving equipment, safety devices, lifebuoys, lifehooks, first aid kits, telephone, and adequate staff during swimming periods, who are competent in lifesaving and artificial resuscitation. Standards of competence for lifeguards shall be determined by the Health Authority. REGULAR COUNCIL MEETING OCTOBER 14, 1996 PAGE 24 (C) Pools shall be under the supervision of a capable individual designated by the licensee, who shall assume responsibility for compliance with all provisions of this Code and regulations relating to pool operation and maintenance, and safety to bathers. 5.409(4) Every licensee under this section or his agent shall exclude from the pool and pool area any swimmer, patron or any employee of the licensee who is suspected of having a communicable or infectious disease which would endanger the public health and safety. 5.409(5) The licensee or his agent shall insure compliance with all regulations for cleanliness and bacterial quality promulgated by the Health Authority and shall keep a daily record of information regarding operation, including disinfectant residuals, maintenance procedures, re- circulation, together with other data as may be required on forms furnished by the Health Authority. This data shall be kept on file by the operator for six months for review by the Health Authority or for periodic submission to the Board of Health as may be required. IS HEREWITH REPEALED. Section 10: Section 5.410 of Ordinance No. 853, City Code of 1977, pertaining to the licensing of Gambling Devices, which reads as follows, to-wit: 5.410(1) No person shall operate a gambling device or conduct a raffle, as hereinafter defined, without a license issued pursuant to the provisions of this chapter. 5.410(2) Minnesota Statute #349.26, entitled Gambling Devices, together with all amendments thereto through 1978, is hereby adopted by reference as if fully set forth herein. 5.410(3) The Council may by unanimous vote waive the bond requirement of the gambling manager. 5.410(4) The annual license fee shall be two hundred dollars ($200.00), subject to amendment by resolution of the Council pursuant to #5.103(5). 5.410(5) The licensing requirements of #5.410 shall expire at such times as the licensing requiremnts of the Minnesota State Charitable Gambling Control Board shall pre-empt such local licensing powers. REGULAR COUNCIL MEETING OCTOBER 14, 1996 PAGE 25 IS HEREWITH REPEALED. Section 11: Section 5.601 of 'Ordinance No. 853, City Code of 1977, pertaining to the licensing of Vending Machines, which reads as follows, to-wit: 5.601(1) No person shall maintain or operate a vending machine without a license issued pursuant to the provisions of this chapter. 5.601(2) For purposes of this section, a vending machine shall be defined as any self-service device which upon insertion of a coin, coins or tokens, dispenses any product, provided, however, that such shall not include (a) A "food vending machine" licensed under Article III of this chapter. (b) Any machine which upon insertion of a coin, coins, or tokens, provides an intangible service, such as a clothes washer, dryer, game of skill, or musical device. 5.601(3) License applicants under this section shall state in the application the proposed location of the machine and the nature of the item or items to be dispensed, or service to be provided. 5.601(4) A separate license shall be required for each machine. 5.601(5) The licensee shall keep all vending machines licensed under this section in good working order at all times. 5.601(6) The licensee shall keep conspicuously posted on each machine at all times the name and address of the licensee and the name, address and telephone number of the licensee at which refunds may be obtained.- IS HEREWITH REPEALED. Section 12: Section 5.602 of Ordinance No. 853, City Code of 1977, pertaining to the licensing of Laundry and Dry Cleaning Services, which reads as follows, to-wit: 5.602(1) No person shall engage in the business of providing laundry or dry cleaning services without a license issued pursuant to the provisions of this chapter. REGULAR COUNCIL MEETING OCTOBER 14, 1996 PAGE 26 5.602(2) Licenses under this section shall be categorized as follows: (a) Laundry and dry cleaning establishment without coin-operated machines. (b) Laundromat, for the primary purpose of providing centralized self-service laundry facilities. (c) Any other coin operated self-service laundry machines. 5.602(3) License applicants under this section shall specify the type of license applied for, and indicate, as is appropriate. (a) The number and type of self-service machines to be operated. (b) The location of such machines, if not in conjunction with a laundromat. 5.602(4) The Clerk shall refer applications for a license under subsection (a) or (b) to the Chief of the Fire Prevention Bureau for an inspection of the premises and a report indicating whether the premises are in compliance with applicable ordinances and regulations. 5.602(5) A separate license shall be required for each type of license sought. IS HEREWITH REPEALED. Section 13: Section 5.609 of Ordinance No. 853, City Code of 1977, pertaining to the licensing of Miscellaneous Businesses, which reads as follows, to-wit: 5.609(1) No person shall operate a food catering service, kennel, pet shop, miniature golf course, go kart track, gun shop or tatoo parlor without a license issued pursuant to the provisions of this chapter. 5.609(2) The Council may require license applicants under this section to provide a statement indicating whether the applicant or any of his employees or agents have been convicted of any crimes. Such requirement shall be a continuing one with respect to any new employees or agents of the applicant. REGULAR COUNCIL MEETING OCTOBER 14, 1996 PAGE 27 Any conviction of a crime by the applicant or his agents or employees which bears any .relevancy to the applicant's proposed business may be found by the Council to be grounds for denial of the license application or revocation or suspension of any existing license. 5.609(3) No licensee under this section may conduct business between the hours of 9:00 p.m. and 9:00 a.m. of the following day. Notwithstanding the foregoing, a food catering service and pet shop are excluded from these restrictions. 5.609(4) No license for a gun shop or tatoo parlor shall be issued to any applicant for a location within 500 feet of any public school or church. IS HEREBY AMENDED TO READ AS FOLLOWS: 5.609(1) No person shall operate a kennel, pet shop, m~a~e-~e-l~-~'e~mse~,-~3~4~e~t~~, gun shop er ee~ee-p&~e~ without a license issued pursuant to the provisions of this chapter. 5.609(2) The Council may require license applicants under this section to provide a statement indicating whether the applicant or any of his employees or agents have been convicted of any crimes. Such requirements shall be a continuing one with respect to any new employees or agents of the applicant. Any conviction of a crime by the applicant or his agents or employees which bears any relevancy to the applicant's proposed business may be found by the Council to be grounds for denial of the license application or revocation or suspension of any existing license. 5T$e9%~%-Ne-}~eeesee-un~er-eh~s-seee&em-may-eee~uee-bue~mess be~weefl-~he-heu~s-ef-geeepTm~-~fl~-9699-eTm~-e~-~he-~e~ew~ ~ey~--Ne~w~hs~a~-~he-~e~e~e~§T-e-~ee~-efl~e~-se~w~ee e~-pee-shep-are-exe}e~e~-frem-~hese-reser~e~e~s= 5.609(3) No license for a gun shop e~-~e~-~l~ shall be issued to any applicant for a location within 500 feet of any pub}~e school or church. Section 13: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First reading: October 14, 1996 REGULAR COUNCIL MEETING OCTOBER 14, 1996 PAGE 28 7. ITEMS FOR CONSIDERATION A. Other Resolutions and Ordinances 1. Resolution No, 9~-63 Being ~ ~solution Establishing Amount of Assessments to be Levied Motion by Jolly, second by Sturdevant to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 96-63 BEING A RESOLUTION ESTABLISHING AMOUNT OF CITY SHARE AND AMOUNT OF SPECIAL ASSESSMENTS ON PROJECTS TO BE LEVIED WHEREAS, the City Council of the City of Columbia Heights by motion on the 9th day of September, 1996, ordered a special assessment hearing to levy the cost of improvements, and WHEREAS, the following projects will be specially assessed on November 18, 1996, and a portion of the costs may be borne by the City. NOW, THEREFORE, BE IT HEREBY RESOLVED, pursuant to Minnesota Statutes 429.061, and City Code 4.103, that the breakdown is as follows: PIR PROJECT CITY PORTION 915 Project 9601 Zone I sealcoat $14,497.34 $84,314.31 $98,811.65 921 Project 9515 Alley, W of Quincy, 37th-38th 7,394.68 2,841.60 10,236.28 Passed this 14th day of October, 1996. Offered by: Seconded by: Roll call: Jolly Jones All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary REGULAR COUNCIL MEETING OCTOBER 14, 1996 PAGE 29 2. Resolution No. 96-64 Being a Resolution Dedicatina Hillcrest Property as Park Land Councilmember Ruettimann questioned the wisdom of dedicating this parcel at this time. He felt it may be better to delay this action until the tracks, which are located on the parcel, are removed. Councilmember Jolly felt the dedication had to be done at this time and the proposed timeframe was necessary. Councilmember Peterson agreed. The Public Works Director advised that a portion of the tracks located west of the park are currently being used by a local business. He feels it is the intention of the railroad company to eventually abandon all of the tracks in this area Motion by Jolly, second by Peterson to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 96-64 BEING A RESOLUTION DEDICATING TRACT D, RLS NO. 159, ANOKA COUNTY AS PARK LAND WHEREAS, the City Council of Columbia Heights determined that it was in the best interest of the community to sell a portion of Sullivan Lake Park to allow the expansion of an adjacent business, and, WHEREAS, Sullivan Lake Park has been developed in part using LAWCON funds, and, WHEREAS, the agreement with the Minnesota Department of Natural Resources for the LAWCON grant stipulates that any conversion of property from park use to another use requires replacement of the park land with other property of equal or greater market and recreational value and, WHEREAS, Tract D, Registered Land Survey No. 159, Files of Registrar of Titles, County of Anoka, State of Minnesota, which is adjacent to Huset Park, has been purchased by the City of Columbia Heights, and, WHEREAS, the Minnesota Department of Natural Resources and the National Park Service have approved said Tract D, RLS No. 159 as replacement park land, REGULAR COUNCIL MEETING OCTOBER 14, 1996 PAGE 30 NOW, THEREFORE, BE IT RESOLVED that Tract D, Registered Land Survey No. 159, Files of Registrar of Titles, County of Anoka, State of Minnesota be dedicated as park land and become part of Huset Park. Dated this 14th day of October, 1996. Offered by: Seconded by: Roi1 call: Jolly Peterson All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CERTIFICATION State of Minnesota County of Anoka City of Columbia Heights I hereby certify that the foregoing resolution is a true and correct copy of a resolution presented to and adopted by the City Council of Columbia Heights at a meeting hereof held in the City of Columbia Heights, Minnesota, on the 14th day of October, 1996, as disclosed by the records of said City in my possession. Jo-Anne Student, Deputy City Clerk 3. Resolution No. 96-65 Being a Resolution Stating the City of Columbia Heights' Support for the Minnesota Livable Communities Act The City Manager advised this is the second year for this Act. Columbia Heights did apply last year and may apply for funding this year. Motion by Jones, second by Jolly to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes ~ESOLUTION NO. 96-65 RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT REGULAR CouNCIL MEETING OCTOBER 14, 1996 PAGE 31 WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statutes Section 473.25 to 473.254) establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development issues facing the metropolitan area defined by Minnesota Statutes Section 473.121; and WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization Account, the Livable Communities Demonstration Account and the Local Housing Incentive Account, is intended to provide certain funding and other assistance to metropolitan area municipalities; and WHEREAS, a metropolitan area municipality is not eligible to receive grants or loans under the Metropolitan Livable Communities Fund or eligible to receive certain polluted sites cleanup funding from the Minnesota Department of Trade and Economic Development unless the municipality is participating in the Local Housing Incentives Account Program under the Minnesota Statutes Section 473.254; and WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life-cycle housing goals through preparation of the Housing Action Plan; and WHEREAS, a metropolitan area municipality which elects to participate in the Local Housing Incentives Account Program must do so by November 15 of each year; and WHEREAS, for calendar year 1997, a metropolitan area municipality that did not participate in the Local Housing Incentive Account Program during the calendar year 1996, can participate under Minnesota Statutes Section 473.254 only if: (a) the municipality elects to participate in the Local Housing Incentives Account Program by November 15, 1996; and, (b) the Metropolitan Council and the municipality have successfully negotiated affordable and life-cycle housing goals for the municipality; NOW, THEREFORE, BE IT RESOLVED THAT the City of Columbia Heights hereby elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during the calendar year 1997. REGULAR COUNCIL MEETING OCTOBER 14, 1996 PAGE 32 Passed this 14th day of October, 1996. Offered by: Seconded by: Roll call: Jones Jolly Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary B. Bid Considerations 1. Award Contract for Retaining Wall Repair Along Sullivan The Public Works Director advised this repair should take about two weeks to complete. Motion by Jones, second by Jolly to award the Sullivan Lake retaining wall repair to Atlas Foundation Company of Rogers, Minnesota, based upon their low, responsible quote in the amount of $8,200, and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: All ayes 2. Authorize Continued Software Maintenance SUDDort for ARC/InfQ Softwar~ To stay current on upgrades to the software for G.I.S., the City needs to maintain the annual software maintenance agreement. The agreement provides the City with free updates to the software and free phone consultation with the provider. Councilmember Ruettimann inquired how much information has been put into the G.I.S. The response was that, to date, only 25% to 30% is currently in the system. The City has had the system for six years. Councilmember Ruettimann felt staff from somewhere was needed to put in the updates. The Public Works Director advised a joint powers agreement has been explored with the cities of Andover and Fridley to hire a consultant for a year to work on updating in all three cities. .REGULAR CouNCIL MEETING OCTOBER 14, 1996 PAGE 33 Counc~lmember Ruettimann suggested staff should pursue the hiring of an intern to do data input and to start sharing in- house staff for this purpose as well. Motion by Peterson, second by Jones to approve the annual software support for Unix-based ARC/INFO software in the amount of $4,052, including tax, to be paid from fund 720- 49980, and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: All ayes 3. Reject Ouotes to Repair Sanitary and Storm Sewers & Authorize Staff to Seek Ouotes for Sanitary Sewer Repairs Staff had recommended the two quotes received for this project be rejected based on the fact that those received were over $25,000 and would require sealed bids rather than quotes. It was recommended that authorization to seek quotes on the sanitary sewer repair work only be given. Motion by Jolly, second by Peterson to reject the quotes to repair the sanitary and storm sewers. Roll call: All ayes Motion by Jolly, second by Peterson to authorize staff to seek quotes for the sanitary sewer repairs on Third Street, Fourth Street and 43rd Avenue. Roll call: All ayes C. Other Business 1. Approve Sale of Duplex Units at 4613. 4619 and 4625 Pierce Street The City Manager stated these structures may be resituated in Columbia Heights. He had requested the Public Works Director to research the City's ordinances to determine which ones, if any, would apply to these structures if they are relocated in the City. He referred to a similar situation in the City of Robbinsdale. Motion by Sturdevant, second by Jolly to sell the duplex units at 4613, 4619 and 4625 Pierce Street to partners, Robert A. Kroll and Steve Meger, based on their proposal of $11,257.50, and furthermore, to authorize the Mayor and City Manager to execute the Bill of Sale for these buildings. Roll call: Ail ayes 2. Approve Various Requests from the Information Management REGULAR COUNCIL MEETING OCTOBER 14, 1996 PAGE 34 The City Manager reviewed the requests and much of the data presented by members of the Information Management Committee. Councilmember Ruettimann had questions regarding the proposed costs associated with the completion of the computer network and the upgrading of the thirty key essential users' computers. An additional $4,000 was proposed to the total. Also, he noted the request indicated there would be thirty essential users and the attached documentation only identified twenty-eight. The figure of thirty was not amended. Councilmember Peterson inquired when the trenching for installing fiber optic cable between City Hall and the Library and Recreation buildings would start. The Public Works Director responded that currently staff is in the process of locating conduit. Public Works Department will be performing the trenching tasks. Motion by Jones, second by Peterson to authorize the completion of the computer network between Recreation, Library and City Hall; to upgrade the thirty key essential users' computers to the Pentium level at a cost not to exceed $24,000 plus tax; to provide Windows training for the thirty key essential users; and, to authorize staff to prepare and publish a Request for Proposals for a computerized document management software program to be used throughout the City. Funds are to come from the Capital Improvement General Government Building Fund (41) budget for optical scanning. Roll call: All ayes 3. Approve Three Community Development Block Grant Contracts The Mayor inquired why all of the CDBG 1995 funds were not yet distributed. The $40,474 allocated in 1995 for housing rehabilitation was not used and no staff member present had the explanation as to why this has not occurred. Councilmember Ruettimann did not remember the Council having approved distribution of the funds for 1996. He also recalled how public service grant requests had previously been screened and reviewed by the Human Services Commission. There was no explanation as to why this process had ceased. It was generally felt the CDBG funding issues needed more discussion and clarification. REGULAR COUNCIL MEETING OCTOBER 14, 1996 PAGE 35 Motion by Sturdevant, second by Ruettimann to table this matter until a Council work session to review all aspects of the CDBG allocations and the accompanying figures. Roll call: Ail ayes Councilmember Jolly noted that the Fridley City Council had been sent a letter from SACA regarding their financial support of SACA. No response was received. A representative of SACA attended a Fridley City Council Meeting to advise its members that the participation of Fridley residents in SACA services had increased considerably. It was suggested that the City Council may want to consider increasing its funding to SACA. CDBG grant funds were mentioned as a possible source of funding. No response has been made to this request. 4. ApDroved Startina Rate for Secretary II-A. Police Department Motion by Sturdevant, second by Peterson to the starting rate for Mary Vawracz, Secretary II-A Police Department, at the one year rate of $11.90, based on the 1996 labor contract between the City of Columbia Heights and the American Federation of State, County, and Municipal Employees. Roll call: All ayes 8. Administrative Reports A. ReDort of the City Manaaer Joint Meetina of City Council and School Board The City Manager advised that Wednesday, November 6th is the suggested date for a joint meeting of the City Council and the School Board. The location is yet to be selected. The purpose of the meeting is to discuss working relationships between the two bodies, the Values First Program, funding for the CHASE program and the upcoming bond issue. Councilmember Ruettimann noted that for the last two or three years there had been a request for this joint meeting and no action was taken. He felt there should be no problems working together. Goals and Objectives Session The City Manager noted that the first Goals and Objectives Session was cancelled. He recommended this be rescheduled. He also advised that thirteen "Values First" banners will be installed in the downtown area. REGULAR COUNCIL MEETING OCTOBER 14, 1996 PAGE 36 October 21st Council Work Session Agenda Items Councilmember Jolly suggested that one of the agenda items for the October 21st could be the discussion of strategic performance objectives. Other agenda items already confirmed for that work session are CDBG funds and board/commission vacancies. Miscellaneous Councilmember Jolly stated he had been considering making an appointment to the Police and Fire Civil Service Commission at tonight's meeting. Councilmember Ruettiman inquired who had done the water meter survey. The City Manager responded this had been done by staff. B. Report of the City Attorney The City Attorney had nothing to report at this time. G~NERAL COUNCIL COMI~JNICATIONS Minutes from the following meetings were included in the agenda packet: Planning and Zoning Commission October 1, 1996 meeting Park and Recreation Commission September 25, 1996 meeting Charter Commission July 18, 1996 meeting 10. ~ITIZEN FORUM At this time, citizens have an opportunity to discuss items not on the regular agenda with the Council. Vern Moore, a member of the Police and Fire Civil Service Commission, was present to remind the Council of the vacancy on that Commission. EXECUTIVE SESSION Motion by Sturdevant, second by Peterson to close the regular City Council meeting of October 14, 1996 at 8:30 p.m. and to move to an Executive Session for the purpose of discussing labor contract negotiations and pending litigation, and that Linda Magee be appointed to keep a written record of same. Roll call: All ayes REGULAR COUNCIL MEETING OCTOBER 14, 1996 PAGE 37 Motion by Ruettimann, second by Peterson to reconvene the regularly scheduled open meetin~ of the Columbia Heights City Council on October 14, 1996 at 9:50 p.m., having been in Executive Session to discuss labor contract negotiations, written record being kept by Linda Magee. Motion by Ruettimann, second by Peterson to adjourn the regular Council Meeting at 9:50 p.m. Roll call: All ayes yor/'J~'seph Sturdevant Uo-~nne student,~uncil Secretary