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HomeMy WebLinkAboutAug 10, 1981Official Proceedings Columbia Heights City Council Meeting August 10, 1981 The meeting was called to order by Mayor Nawrocki at 8:06 pm. 1. Roll Call: Heintz, Norberg, Hentges, Nawrocki--present Councilman Logacz Is out of town. 2. The Invocation was offered by Pastor Douglas Henderson of Peoples Church. 3. Hinutes of Previous Meetings--Motion by Helntz, second by Norberg to approve'the minutes of the Special Meeting of June 4th; the Special Meeting of July 13th; and the Special Meeting of August 3rd; as presented in writing; and that the reading be dispensed with. Roll call: AIl ayes 4. Public Hearing 1513 37th Avenue This public hearing was continued from July 2?th so that the owner of the property made arrangements for her attroney to attend. It is the position of the City that the building located at 1513 3?th Avenue constitutes a fire hazard and is a hazard to the public safety and health. Testimony was heard from two experts regarding the condition of the building and the reasons why It does ~o~'presently meet the City's code. The property owner's attorney asked some questions of the two private Inspec- tors. Margaret Ubl, 3715 Johnson St., lives near the property in question. She gave her opinions as to the appearance and maintenance of the building. Motion by Heintz, second by Hentges to adopt the following findings of fact and order. STATE OF MINNESOTA CITY OF COLUMBIA HEIGHTS COUNTY OF ANOKA BEFORE CITY COUNCIL IN RE: HAZARDOUS BUILDING LOCATED AT THE REAR OF 1513 37TH AVENUE NORTHEAST, COLUMBIA HEIGHTS, MINNESOTA FINDINGS OF FACT AND ORDER TO: PATRICIA A. DOSCHADIS; FIRST NATIONAL BANK OF MINNEAPOLIS; FEDERAL NATIONAL MORTGAGE ASSOCIATION; OWNERS OF RECORD, OCCUPYING TENANTS AND LIEN HOLDERS OF THE ABOVE-DESCRIBED PARCEL: A public hearing was called for July 27, 1981, at 8:00 p.m., in the Council Chambers, City of Columbia Heights City Hall, 590 - 40th Avenue Northeast, Columbia Heights, Minnesota, to determine whether or not the building or structure at the rear of 1513 37th Avenue Northeast, Columbia Heights, Minnesota, located on the property legally described as follows, to-wit: East One-half (1/2) of Lot Three (3), Block Sixteen (16), Auditor's Subdivision of Walton's Sunny Acres 3rd, except the East fifty (50) feet, according to the plat thereof on file and of record in the office of the Register of Deeds in and for said County, subject to easement of re~o~.~ Regular Council Meeting August 10, ]981 page 2 is a hazardous building within the meaning of Minnesota Statutes ~463.15, i.e., a building which because of inadequate maintenance, dilapidation, physical damage, unsanitary condition, or abandonment, constitutes a fire hazard or a hazard to the public safety and health. Present at said public hearing in opposition to the demolition of said structure were the following persons: Based upon all the evidence presented at the public hearing on July 27, 1981, the Council of the City of Columbia Heights now makes its: FINDINGS OF FACT Pursuant to Minnesota Statutes, Section 463.15 to 463.261, the Council of the City of Columbia Heights, having duly considered the matter, finds the above-described building to be a hazardous building for the following reasons: A. Inadequate Security. ~he building was not adequately secured at the time of the visual inspection conducted by an agent of the City of Columbia Heights on June 9, 1981, and remains inadequately secured. B. Roof Damage. ?7ne roof is fire damaged, has some holes and is constructed so that the ceiling -heights in the habitable rooms are several inches less than current Building Code standards would permit. ~'he hip roof area above the kitchen has received little fire damage, but two holes were chopped in the roof during the fire. ~hese two holes have not been adequately covered and do provide some danger to anyone walking on the roof. Additionally, this particular roof is especially hazardous because the north wall of the house is built into the side of an embankment. The distance from the embankment to the roof is approximately 3 to 31~ Regular Council Meeting August 10, 1981 page 3 feet, allowing even young children to gain access to the roof without the use of a ladder. The ceiling in the kitchen is constructed of pieced-together furring strips attached to the ceiling rafters. Because the ceiling rafters are spaced almost 6 feet apart in some areas, they do not adequately hold the ceiling covering firm and level. Additionally, the ceiling height in the kitchen is only 6'8" high. Current Building Code standards require habitable rooms to have a ceiling height of 7'6" in at least two-thirds of the room, and in no case shall the ceiling height be less than 7'0". The present construction of the kitchen ceiling will not permit raising the ceiling height without removing the present ceiling and roof structural framework. The walls would then have to be raised and new roof framing installed. The flat roof that exists over the rest of the structure has received extensive fire damage in the living room and bathroom. The roof sheathing is badly charred. The ceiling height in the areas with the flat roof are only 6'10' high. The ceiling heights are considerably less than the required 7'6'. C. Electrical System. The electrical service panel is charred and water damaged. The circuit breakers have also received fire and water damage. The branch circui~ wiring in the living room, kitchen and bathroom have received fire, heat and water damage. D. Plumbing System. The bathroom waste system is improperly installed, i.e., the bathroom fixtures are not provided with an approved vent stack to prevent the plumbing fixture traps from siphoning dry. Thus, the fixtures could allow sewer gas to enter the house. The water heater is damaged and one water pipe leading to the kitchen sink has a loose connection. There is a possibi- lity the waste pipes are not connected to the City sewage system. Regular Council Meeting August 10, ]98] page 4 E. Heating System. The dwelling unit is heated with a floor mounted, gas fired, space heater located in the kitchen. The space heater is rusted. The chimney for the space heater has a badly cracked tile liner. The chimney terminates in a dangerous location, among the branches of a tree. The branches can restrict the flow of the exhaust gases, and lead to a carbon monoxide problem inside the house. Also, there is a possible fire danger. F. Other Conditions: 1. The interior wall and ceiling finishes are badly damaged and need complete replacement. 2. The bathroom lacks a window or mechanical ventilation syst-m as required by the Building Code. 3. The windows are vandalized and/or fire damaged and need extensive repair or replacement. 4. There are rodent droppings and recently gnawed boxes in the kitchen area indicating the house has a rodent infestation. 5. The subject building is located in an "R-2" two-family resi- dential district. The building is a non-conforming use due to insufficient floor area, insufficient rear yard setback, and it is the second principal residence on the lot. The building has been damaged by fire by 50% or more of its fair market value. The Council of the City of Columbia Heights finds it reasonable to require the razing or removal of the structure and restoration of the par- cel to a safe and sanitary condition within days. ORDER Pursuant to the foregoing Findings of Fact and in accordance with Minnesota Statutes, Sections 463.15 to 463.261, the Council of the City of Columbia Heights hereby makes the following Order to Patricia A. Doschadis, Regular Council Heeting August 10, 1981 page 5 the record owner of the above-described hazardous building or her represen- tative, and the occupants and lienholders above-named: 1. The alleged hazards shall be abated by completion of all of the following: A. All doors and windows and the holes in the roof must be secured immediately to prevent entry into the structure until it can be razed. B. A demolition permit must be obtained from the City of Columbia Heights before work is commenced and arrangements must be made to disconnect utility services to the structure. C. Within days, the structure must be razed or removed; the north wall of the structure which is both a retaining wall and a structural wall for the building should be kept in place and adequately braced to prevent its collapse; all resulting debris must be removed immediately to restore the parcel to a safe and sanitary condition. D. Any excavation under the structure must be filled with clean fill. 2. The structure may not be repaired to abate the alleged hazardous conditions because the structure is a nonconforming use and has been damaged by fire by 50% or more of its fair market value. (City Code 3. If the City is compelled to take any corrective action herein, all necessary costs expended by the City will be assessed against the real estate concerned and collected in accordance with Minnesota Statutes, Section 463.22. 4. The Mayor, Clerk, City Attorney and other officers and employees of the City are authorized and directed to take such action, prepare, sign and serve such papers as are necessary to comply with this Order and to assess the costs thereof against the real estate described above for collection along with taxes. Regular Council Meeting August 10, 1981 page 6 All time limits shall commence at the time of service upon the owner oi record, her agent, occupying tenant and lienholders of record. A motion for summary enforcement of this Order will be made to the District Court of Anoka County unless corrective action is taken or unless an Answer is filed in the time specified in Minnesota Statute 463.18, i.e., within twenty (20) days from the date of service of this Order. Dated: , 1981. CITY OF COLUMBIA HEIGHTS, A MtTNICIPAL CORPORATION By Bruce Nawrocki, Mayor Aha Robert S. Bocwinski, Manager John Schedler Clerk-Treasurer 5. 0ral Petitions There were no oral petitions. 6. Ordinances and Resolutions a. Second Reading of Ordinance No.961 being an ordinance amending Ordinance No.853, City Code of 1977, convey ing certain real estate to the HRA of Columbia Heights. This ordinance deals with the municipal liquor store and parking lot. This ordinance was discussed ag an Executive Session. Motion by Hentges, second by Heintz to table until the next regular Council meeting. Roll call: Heintz, Hentges--aye Norberg, Nawrocki--nay Motion fails Motion by Norberg, second by Nawrocki to waive the reading of the ordinance there being ample copies available to the public. Roll.call: All ayes ORDINANCE NO. 961 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, CONVEYING CERTAIN REAL ESTATE TO THE HOUSING AND ILE- DEVELOPM£NT AUTHORITY OF COLUMMIA HEIGHTS, MINNESOTA The City Council of the City of Columbia Heights does ordain: Section 1: The City of Columbia Heights shall sell and convey to the Housing and Redevelopment Authority of Columbia Heights, Minnesota the following described real estate being in the County of Anoka, State of M~nnesota, to-wit: South One-half (S 1/~ of Lot Sixteen (16) except the South Forty-two feet (S 42 and except the East ~orty feet (E &O') thereof, Block Five ($); South Omc-half (S 1/2) of Lot Seventeen (17) ~xeep: the South Forty-two (S 42'), Block Five ($); Reser- voir Hills, Columbia Heights, Anoka County, Minnesota, according Regular Council Meeting August 10, 1981 page ~ Being Registered Land as is evidenced by Certificate of Title No. 39991 Subject to reservation by the State of Hinnesota in trust for tax- ing districts concerned of minerals and mineral rights as provided by lay. Section 2: Lots 28 and 29, Block 5; That part of Lot 18, Block 5 described as follovs: Co~encing at the Southeast corner of said lot; thence' vest along the south line thereof to the Southvest corner of said lot; thence North along the West line of said lot to the Northeast corner of Lot 26, Block 5; thence directly East to intersect the East line of Lot 18; thence South along the East line of Lot 18 to the point of beginning, "Reservoir Hills" according to the map or plat thereof on file and of record in the office of the County Re- corder in and for Anoka County, Hinnesota The tiayor and City Hanager are herevith authorized to execute 0uit Claim Deeds to effect the conveyance of the City'~.'~nterest in the said pro- perties. Section 3: Section The purchase price shall be $ 650,000 This ordinance shall be in full force and effect fro~ and after thirty (30) days after its passage. Second reading: Date of passage: Offered by: Seconded by: Roll call: July 27, 1981 August I0, 1981 August 10, 1981 Norberg Nawrocki Norberg, Nawrocki, Hentges--aye Heintz--nay Jo-Anne Student, Secretary to the Council Bruce G. Kavrocki, Eayor b. Second Reading of Ordinance NO. 963 being an ordinance amending Ordinance No.853, City Code of 1977, pertaining to arcades Motion by Norberg, second by Heintz to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes There was some discussion as to what would constitute an arcade. Motion by Heintz, second by Hentges to continue this hearing until the next regular Council meeting for a more definitive explanation of an arcade. Roll call: Ali ayes . ORDINANCE NO. 963 BEII:G AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO ARCADES The City Council of the City of Columbia Heights does ordain: Section 1: Section 5.411 of Ordinance No. 853, City Code of 1977, passed June 21, 1977, vhich is currently reserved, shall hereafter read as follows, to-vit: Regular Council Meeting August 10, 1981 page 8 5.4ll (1) 5.4il (2) 5.4ii (3) 5.4ii (4) No person shall operate an arcade without ~irst paying s license fee and 'obtaining and having a current license as herein provided. The license ' required under this section shall be in addition to any license or li- censes required to be obtained under any other provision of this ~ode'. For the purpose of thi; section, the term "arcade" shall mean any building, structure or tract of land which has at ]east one of [ts princiDa] use or activity the orovidino of any of the following or any combination of any of the followin9 amusements: (a) Billiard, pool, foosball, air hockey or pigeon hole tables'; (b) ?inbaII machines ' (c) Shooting gallery machines (d) Any electric or electronic device or game patterned after table tennis, hockey, and similar games including electric rifle or gun ranges ' (e) Any other mechanical or electrical device which is designed to be played by a contestant or contestants and upon which the con- testants receive a score or rating based upon their performance. .Any person desiring to operate an arcade'~r to renew his license to con- duct such activity shall file with the Clerk an application on forms pro- vided by the Clerk for that purpose. The application form shall contain the following, together with any other information which the City Manager may require: (a) Name and address of applicant; (b) Address of the proposed arcade, and a diagram of the proposed floor plan of the premises; (c) The name and address of all persons o%rning or having an interest in the licensed premises and in the proposed bus/ne case of a corporation, this shall include the namesS:~ In the of the officers d addresses and directors of the corporation and all share- holders who own alone or in conjunction with their spouse or child- ren more than 10% of the issued shares of corporate stock; (d) If the l~censed business is owned by a corporation, a copy of the certificate of incorporation, articles of incorporation and by- laws of the corporation; (e) The name and address of the manager or managers who will supervise (f) Whether any of the persons listed in paragraphs (a), (c), or (e) of this su~divis~on have been engaged in the business of operating an arcade in the last five years; (g) Whether any of the persons listed in paragraphs (a), (c), or (e) of this subdivision have been convicted of a crime or have had an application for an arcade license denied, revoked or suspended within the last five years; (h) The applicant's plan of security for the licensed premises. The license fee shall be for the calendar year and must accompany the license application. The license fee shall be set by annual resolution of the Council which may set a higher fee for the first year than for license renewals. Regular Council Meeting August 10, 1981 page q 5.all (5) All applications for l~censes shall be referred to the Chief of Police . and to such other persons on the City staff as the City Manager shall deem necessary for investigation and recommendation. The persons to whom an application has been referred shall make their report and recom- mendations tn writing. Upon receipt of the written reports and recommendations, the City Mana- ger shall cause to be published in the official newspaper, at least 10 days in advance, a notice of public hearing to be held by the City Council setting forth the day, time and place when the hearing will be held, the name of the applicant and the location where the business is to be conducted. · The application, together ~rlth the City Manager's recommendation, shall be submitted to the City Council at the hearing. After the hearing, the Council may grant or deny the license. In granting the license, the Council may impose special conditions if it deems such conditions to be necessary because of particular circumstances related to the applica- tion. 5. 1l (6) Existence of any of the following conditibfis shall render the applicant ineligible for a license, to-wit: (0 5. 11 (7) (a) If the applicant or the manager of the licensed business is: (i) under 21 years of age; (ii) an alien; (iii) a foreign corporation; (b) If the applicant, manager, or persons owning the licensed activity: (i) is not a person of good moral character and repute; (ii) has been convicted of an offense which relates to the conduct of the licensed business; (c) has operated a similar business elsewhere which operation did not substantially comply with the provisions of this section relating to the manner in which the business is conducted; (d) has been denied a license to conduct a like or similar activity or has had such license suspended, revoked or canceled. Issuance and retention of licensi~ shall be subject to each of the follow- ing conditions, to-wit: (a) (b) (c) Only premises which are within commercial districts of the City may be licensed. No premises may be licensed if any part of the parcel of land upon which the premises are located is with- in one hundred fifty feet (150') of any residential district or within three hundred feet ¢300~1 of any school or church} No premises may be licensed unless sufficient visibility exists from outside the entrance to the premises for a person of average stature to visually survey the entire premises and all possible locations of patrons therein; The consumption of alcoholic beverages, whether classified as in- toxicating or n~n-intoxicating, or the use of any controlled substance upon any part of the licensed premises is prohibited; Regular Council Meeting August 10, 1981 (d) No person under the age of 17 years shall be permitted to remain on any part of the licensed premises after 10:00 o'clock p.m. unless accompanied by his parent or legal guardian; (e) No person under the age of 14 years shall be permitted to enter or remain upon any part of the licensed premises unless accompanied by his parent or legal guardian; (f) Adequate off street parking for automobiles must be provided in com- pliance with the current City Code requirements. Additionally, the licensee shall provide bicycle racks for at least t~e~ty (20) bicycles which shall not be substituted for required automobile Parking; 5.~ll (8) (g) (h) The licensed premises shall fully comply with all applicable State and local regulations dealing with health, zoning and building requirements; The licensee shall be responsible for maintaining order on all parts of the licensed premises. (i) Only amusements with a current vali~ Columbia Heights license sticker attached may be offered for use or kept on the licensed premises; (j) No wagering or betting for a consideration or any other gambling shall be permitted on the licensed premises. (k) The licensed activity shall be conducted in such a manner and located in such a place so as not to be likely to result in injury or 4am- age to persons or property in the neighborhood or injurious, annoy- ing or disruptive to patrons of other businesses located in the area. Sound emitted at any point of the perimeter of the licensed premises may not exceed the sound allowed at any lot line in ac- cordance with Section 9.117(9) of this Code. (1) The applicant or manager designated in the license application shall be present on the premises during all times the premises are open. No new manager may be placed in supervision of the premises until he has been approved by the City Council; (m) A uniformed Columbia Helght~ ~eace officer shall be present on the premises'during all times that the premises are open. No peace officer shall be required to serve on the premises except with the approval of the Chief of Police and only when the licensee has paid in advance for such service. At the time of filing an application for license under this section, applicant shall file a bond with a corporate surety with the City Clerk in the amount of $5,000.00. Alternatively, the applicant may file a cash bond in the same amount. All such bonds shall be kept in full force and effect throughout the license period and shall be conditioned as fol- lows: (a) The licensee shall obey the laws relating to the licensed business; (b) The licensee shall pay to the City when due all taxes, license fees, penalties and other charges provided by law; August lO, 1981 page I$ Regular Council Meeting 5.~11 (g) (c) In the event of violation of any law relating to the business for which the ]icense has been granted, the bond shall be for- feited to the City. The license may be revoked or suspended in accordance with this Chapter whenever the licensee, its o~mer, manager, or any of its employees or agents have engaged in any of the follow-lng conduct: (a) Fraud, deception or misrepresentation in connection with the securing of a license; (b) Conduct inimical to the interests of public health, safet~ and welfare; Section 2: (c) (d) (el Conduct involving moral turpitude; Conviction of an offense involving moral turpitude by any court of competent jurisdiction; Failure to comply with any of the plovisions of this sect/on or engaging in conduct which would be.grounds for denial of an initial application for licensure. This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First reading: Second reading: Date of passage: July 27, 1981 August 10, 1981 Offered by: Heintz Seconded by: Hentges Roll call: Jo-Anne Student, Secretary to the Council Bruce G. Nawrocki, l~yor c. First Reading of Ordinance No.958 being an ordinance amending Ordinance NO.853, City Code of 1977, conveying certain real property.to Gary T. Wolff and Marion p. Wolff. Motion by Heintz, second by Norberg to waive th~reading of the ordinance there being ample copies available to the public. Roll call: All ayes The City Attorney advised the Council that the matters of the mortgage release and the purchase price of $),200 were still outstanding. It was felt these matters should be finalized before the second reading of the ordinance takes place. The second reading will be held on September 14th at the regular Council meeting or the meeting ir~nediate[y scheduled after these details are determined. BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, CONVEYING CERTAIN REAL PROPERTY TO GARY T. WOLFF AND MARION p. WOLFF The City Council of the City of Columbia Heights does ordain: Section 1: The City of Columbia Heights shall nell to Gar~ T. Wolff mhd Harion p. Wolff, the City's interest in the real estate described as follows, to-wit: Regular Council Meeting August lO, 1981 pagel~ The West five feet (5') of Lot 12, Block 89, Columbia Heights Annex to M/nneapolts, according to the map or plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota Section 2: Section 3: Section 4: An easement for the purpose of ingress and egress to Lot 13, Block 89, Columbia Heights Annex to Minneapolis, over the East seventeen feet (17') of the West twenty two feet (22') of the South eighteen feet (18') of Lot 12, Block 89, Columbia Heights Annex to Minneapolis, according to the map or plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota The Mayor and City Manager are herew/th authorized to execute the docu- ments necessary to effectuate the said sale. The purchase price of said real estate is $1,200.00. This Ordinance shall be in full force and effect from and after thirty (30) days after /ts passage. First reading: reading: passage: August 10, 198I Offered by: Seconded by: Roll call: Bruce G. Nawrocki, Mayor Jo-Anne Student, secretary to the Council Councilman Hentges requested that he be furnished, wi'th a survey map of the property that is the subject of Ordinance No.958. d. First Reading of Ordinance No.965 being an ordinance amending Ordinance No.853, City Code of 1977, providing for issuance of on-sale wine licenses and providing for the regulation there of. The purpose of this ordinance is to provide for a license to serve wine only. ORDINANCE NO. 965 BEING AN ORDINA~NCE AMENDING ORDINANCE NO. 853, CIT"/ CODE OF 1977, PROVIDING FOR ISSUANCE OF ON-SALE WINE LICENSES AND PROVIDING FOR THE P-EGULATION THEREOF. The City Council of the City of Columbia Heights does ordain: Section 1: Section 5.504 of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which is currently reserved, is herewith amended to read as follows, to-wit: Regular Council Meeting August 10, 1981 page I$ 5.504(1) No person except wholesalers or manufacturers to t~e extent authorized under state license shall sell or offer for sale any wine without first have received an on-sale wine license issued pursuant to the provisions of this chapter, or an intoxicating liquor license issued pursuant to this chapter. 5.504(2) Definitions shall be as follows: a) 'Intoxicating liquor' and 'liquor' means ethyl alcohol, distilled, fermented, spiritous, vinous, and malt beverages containing in excess of 3.2Z by alcohol by. ,- weight. b) 'Sale" and 'sell' and "sold' means all barters for pecu- niary gain, or all manner and means of furnishing wine in violation or evasion of law. c) d) e) f) g) h) i) J) 'Off-sale' means t~e sale of wine in original packages in retail stores for consumption off or away from the premises where sold. .. 'On-sale' means the sale of wine for consumption on the premises only. 'Package' or 'original package' means any container or receptacle holding liquor, which container or receptacle is corked or sealed. 'Minor' is a person less than nineteen (19) years of age. 'Hotel' shall be defined as provided in Section 5.503(1)(f). 'Interest' shall be defined as provided in Section 5.503(1)(i). The term, 'on-sale wine license', means a license authorizing the sale o~wfne not exceedine fourteen var- cent (14~) alcohol by volume zo£ cv,~u~v, wu ~,,= licensed premises only, in conjunction with the sale of food. The term, 'restaurant', when used in connection w/th 'on-sale wine licenses' means an establishment, other than a hotel, under the control of a single proprietor or manager, having appropriate facilities for the serving of meals, and where, in consideration of payment therefor, meals are regularly served at tables to the general public, and which employs an adequate staff to provide the usual and suitable service to its guests. Such establishment shall have facilities for seating not less than ,~ guests at one time. Regular Council Meeting August 10, 1981 page t~ 5.5o4(3) 5.5o4(4) Every application for a license shall be verifie~-and--tT/~ with the City Clerk. In addition to the information which ~y be required by the State Liquor Control Commissioner's form, the on-sale wine license application shall contain the information as provided in Section 5.503(4). 5.504(5) All on-sale wine license applications shall be referred to the Chief of Police for an investigation of whether the applicant has any criminal record, and a report thereon, and' to such other City departments as the City Manager shall direct*for verification and investigation of the facts set forth in the application. The application shall also be referred to the Chief of the Fire Prevention Bureau and the Building Inspector for a report indicating whether said prem- ises are in compliance with applicable ordinances and regula- tions. A public hearing shall then be held before the Council, at which time the application for a license shall be considered. 5.5o4(6) The Council may accept or reject th~' license application in its discretion upon completion of the public hearing, subject to the following criteria: a) No license shall be issued to any person under nineteen (19) years of age. b) c) No license shall be issued to any applicant who does not have a primary possessory property interest in the pre- mises or location for the sale of wine. No license shall be issued to any person convicted of a violation of any law directly related to the sale, possession, manufacture or transportation of l!juo_~r beer or wine, subject to the provisions of Min-nesota Statutes Chapter 364. d) No license shall be issued to any corporation or part- nership unless each shareholder and partner therein would be individually ~ligible and qualified for said license. e) No license shall be issued to any applicant for the sale of wine on any premises also occupied by a previous licensee who was convicted of a violation of this chapter or where a license has been revoked by the Council within the last six months. No license shall be issued to any wine or beer manufac- turer. egular Council Meeting August 10, 1981 page lg s) No license shall be issued to any hotel or restaurant for premises located within 300 feet of any church or within 300 feet of any public or private elementary and secondary school regularly attended on a full-time basis by students under the age of 19 years. The distance shall be measured in a straight line from the nearest point of the bulldinE in ~hich the licensed business is to be located to the nearest point of the church or public school building. h) Licenses shall only be issued to qualified corporations' or organizations, or to United States citizens ~ho are residents of the State of Hinnesota. i) No license shall be issued to any person ~ho is not of good moral character and repute. ~) No license shall be issued to any person who is also the o~ner and holder of a federal retail liquor dealers spe- cial tax stamp for the sale of in~oxicatin~ liquor at any place unless there has also'been issued to such per- son a license to sell intoxicatin~ liquor pursuant to the laws of Hinnesota. No license shall be issued to any applicant ~hich o~ns an interest in ~ore than one establishment or business within the City of Columbia Heights for ~hich an on-sale wine license has been issued. 1) No license shall be issued for premises other than a hotel or restaurant. 5.50~(7) 5.50~(8) Application for the renewal of an ~xistin/ on-sale vine license shall be ~ade at least 60 days prior to the date of the expiration of the license. If, in the Jud~ent of the City Council, good and sufficient cause is sho~m by an appli- cant for his failure to file for a renewal within the time provided, the City Council may, if the other provisions of this ordinance are complied vi~ th~ grant the application. If the application is by a natural persons it shall be signed and s~orn to by such person; if by a corporation, by an officer thereof; if by a partnership, by one of the partners; if by an unincorporated association~ by the manager or managlr~ oiticer thereof. Ii the applicant is a partnership~ the application~ license and bond (or insurance policy) shall be ~ade and issued in the name of all partners. 5.504(9) On-sale ~lne license fees shall be as follows: a) The initial license fee shall be paid in full before the application for a license is accepted. Renewal license fees shall be. paid in full by December 20 precedin~ each calendar year. All fees shall be paid into the sener~l fund of the City. All licenses shall exvire on the last Regular Council Meeting August 10, 1981 page lb day of December Of each Year. Upon rejection of any application for a license, or upon ~rlthdraval of appli- cation before approval of the issuance by the City Council, the license fee shall be refunded to the appli- cant. b) The fee for an on-sale license granted after the co~men- cement of the license year shall be prorated on a daily basis. ~en the license is for premises ~here the building is not ready for occupancy, the time fixed for co~putatio~ of the license fee for the initial license period shall be 90 days after approval of the license by the City Council or upon the date the buildin~ is ready for occu- pancy, ~tchever is sooner. d) No transfer of a license shall be per~itted from place to place or person to person without complylr~ vlth the requiremen:s of an original application except as pro- vtded by Section 4 of this ordinance. e) No part of the fee paid for a6y' license issued un'er this ordinance shall be refunded as i result of the suspension or revocation of a license under this ordi- nance. The City Council may in its Jud~ent refund a pro rata portion of the fee paid for the unexpir~ por- tion of a license fee, Sen operation of the licensed business ceases not less than one month before the expiration of the license because of: (i) Destruction or damage of the licensed premises by fire or other catastrophe. (ii) The licensee's illness. (iii) The licensee's death. (iv)' A change in the legal status of the municipal- ity making it unlawful for a licensed business to continue. f) ~ere a new application is filed as a result of incor- poration by an existing licensee'and the o~nership control and interest tn the license are unchar~ed, no additional license fee will be required. g) The annual license fee shall be set by resolution of the Council. In the absence of a resolution, the annual license fee'shall be $2,000.00. 5.504(10) On-sale wine licenses granted pursuant to the provisions of this chapter shall be subject to the followin& conditions: a) Every license shall be granted subject to the conditions of the following subdivisions and all other subdivisions of this ordinance and of any other applicable ordinance of the City or State law. Regular Council Meeting August 10, 1981 page 17 b) c) The license shall be posted in a conspicuous place in the licensed establishment at all times. Any police officer, building inspector, or any employee so designated by the City Hah·get, shall have the unqualified right to enter, inspect, and search the pre- mises of the licensee durlnE business bouts without a warrant. d) Every licensee shall be responsible for the conduct b~ his place of business and the conditions of sobriety and order in the place of business and on the premises. e) No on-sale licensee shall sell wine off-sale. f) No license shall be effective beyond the space named in the license for which it was granted. g) No wine shall be sold or furnis.hed or delivered to any intoxicated person, to any habitual drunkard, to any person under 19 years of age, or to any person to Whom sale is prohibited by state law, h) No person under 19 years of age shall be employed in any rooms constituting the place in which wine is sold at retail on sale, except that persons under 19 years of age may be e~ployed to perform the duties of a busboy or dishwashin~ services in places defined as · restaurant or hotel serving food in rooms in which wine is sold at retail on sale. i) No licensee shall sell, offer for sale, or keep for sale, wine from any original package which has been refilled or pertly refilled. No licensee shall directly or through any other person delete or in any manner tamper with the contents of any 'original package so as to chan~e its composition or alcoholic content while in the original package. Possession on the premises by the licensee of any wine in ihe original package differing in composition or alcoholic content in the liquor when received fro~ the manufacturer or wholesaler from whom it was purchased, shall be prima facie evidence that the contents of the original package have been dlluted~ changed or tampered with. No licensee ~hall apply for or possess a Federal l~holesale Liquor Dealer's special tax stamp or a federal gambling stamp. k) 1) No licensee shall keep ethyl alcohol or neutral spirits on his licensed premises or permit their use on the pre- nises as a beverage or utxed with a beverage. The business records of the licensee, includin~ federal and state tax returns, shall be ·vail·hie for inspection by the City Hah·get, or other duly authorized represen- tative of the City at &11 reasonable times. Regular Council Meeting August 10, 1981 page I~ m) n) No licensee shall knowingly permit the licensed premises or any roo~ in those premises or any adjoining building directly or indirectly under his control to be used as a resort for prostitutes. No licensee shall keep, l~sseas, or operate or permit the keeping, possession, or operation of any slot machine, dice, or any gambling device or apparatus on the licensed premises; and he shall not permit any gambling therein. 5.504(11) No sale of wine shall be made after one a.m. on Sunday, nor until eight a.m. on Monday, nor between the hours of one a.m. and eight p.m. on the day of any statewide election. No sale shall be made between the hours of one a.m. and eight a.m. on any weekday. 5.504(12) No sale of w~ne shall be made to or in guest rooms of hotels unless the rules of such hotel provide for the aervice of meals in guest rooms or unless the sale of such wine Is made in the manner on sales are required .to'be made or unless such sale accompanies and is incidental'to the regular service of meals to guests therein or unless the rules of such hotel and the description, location, and number of such guest rooms are fully set Out in the application for a license. 5.504(13) Restrictions on purchase and consumption are as follows: a) No licensee, his agent, or employee shall serve or dispense upon the licensed premises wine to any person under the age of 19 years; nor shall such licensee, his agent, or employee permit any person under the age of 19 years to be furnished or consume w~ne on the licensed premises; nor shall such licensee, his agent, or employee permit any person under the age of 19 years to be delivered any wine. b) c) No person under 19 years of age shall misrepresent his age for the purpose of obtaining wine nor shall he enter any premises licensed fpr the retail on-sale of wine for the purpose of purchasing or having served or delivered to him for consuming any such wine nor shall any such person purchase, attempt to purchase, consume, or have another person purchase for him any wine. No person under 19 years of age shall receive delivery of wine. d) e) No person shall induce a person under the age of 19 years to purchase or procure or obtain wine. Proof of age for purposes of consuming, purchasing, or possessing wine, the consumption, sale, or possession of which is regulated by age may only be established by a valid driver license or a current nonqualification certificate issued pursuant to Minnesota Statutes, Section 171.07. Regular Council Meeting August 10, 1981 page 14 f) No person shall give, sell, procure, or purchase wine to or for any person to vhom the sale of wine is forbidden by law. No person shall mix or prepare wine for consumption or consume in any public place not licensed in accordance with the ordinances of the City of Columbia Heights and State of Hinnesota. 5.504(14) In the event a liability insurance policy is filed, such liabi~itY insurance policy shall be in the anount of $100,O00 coverage for one person and $300,000 coverase for more than one person and shall specifically provide for the payment by the insurance company on behalf of the insured of all sums which the insured shall become obllsed to pay by reason of liability imposed upon him by law for injuries or damages to persons, other than e~ployees, including the liability imposed upon the insured b7 reason of Hinnesota Statute ~340.95. Such liability insurance policy shall further pro- vide that no cancellation for any cause can be ~ade either by the insured or the insurance company Without first giving ten days' notice to the City in wiring of the intention to can- cel the same, addressed to the License Division. Further, it shall provide that no payment of any Claim by the insurance company shall in any manner decrease the coverage provided for in respect to any other claim or claims brought against the insured or company thereafter. Such policy shall be con- ditioned that the insurer shall pay to the extent of the principal amount of the policy any damages for death or injury caused by or resulting from the violation of any law relating to the business for ~hich such license has been granted. The licensee and the City shall be named as Joint insureds on the liability insurance policy. 5.504(15) The City Council may suspend or revoke any on-sale wine license for the violation of any provision or condition of this ordinance or of any state law or federal law regulating the sale of ~lne, and shall revoke such license for any willful violation vhich, un~r 'the laws of the State, is grounds for mandatory revocation, and shall revoke for failure to keep the insurance required by Section l& in full force and effect. Except in the case of a suspension pending a hearing on revo- cation, non~andatory revocation or suspension by the Council shall be preceded by VTitten notice to the licensee and a public hearing. The notice shall give at least ten days' notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The Council may, without any notice, suspend any license pending a hearing on revocation for a period not exceeding 30 days. The notice may be served upon the licensee personally or by leaving the same at the licensed premises with the person in charge thereof. No suspension after public hearing shall exceed 60 days. Regular Council Meeting August 10, 1981 page ~ 5.504(16) Any person violating any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than Five Bundred Dollars ($500.00) and imprisonment for not more than 90 days. Section 2. This Ordinance shall be in full force and effect from and after thirty days after its passage. First Reading: August 10, ]981 Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Bruce G. Nawrocki, Mayor Jo-Anne Student, Secretary to the Council e. First Reading of Ordinance No. 966 being an ordinance amending Ordinance No.853, City Code of 1977, vacating a storm drain easement M~iion by Norberg, second by Hentges to waive the reading of the ordinance there being ample ~pies available to the public. Roll call: All ayes ORDINANCE NO. 966 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, VACATING A STORM DRAIN EASEMENT The City Council of the City of Columbia Heights does ordain: Section 1: The City of Columbia Heights shall vacate the storm drain easement located over the following described property, to-wit: The East ten feet (10') of Lots.3.0, 31 and 32, Block 6, Reservoir Hills, according-to the map or plat thereof on file and of record in the office of the County Recorder in and for Anoka County, H/nnesota Section 2: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First reading: Second reading: Date of passage: A~gust 10, 1981 Offered by: Seconded by: Roll call: Bruce G. Nawrocki, Mayor Regular Council Meeting august 10, 1981 page ~1 (~irst Reading of Ordinance No. 967 being an ordinance amending Ordinance No.853, City of 1977, vacating an alley Motion by Norberg, second by Hentges to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes ORDINANCE NO. 967 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, YACATING AN ALLEY The City Council of the City of Columbia Heights does ordain: '' Section 1: The City of Columbia Heights herevith vacates the public alley over the followin§ described property, to-~it: Section 2: The West twenty feet (20') of Lot 18, Block 5, Reservoir Hills,,according to the map or plat thereof on file and of record in the office of the County Re- corder in and for Anoka County, Minnesota This ordinance shall be in full force and.~fect from and after thirty (30) days after its passage. First reading: Second reading: Date of passage: ~ffered by: Seconded by: Roll call: August 10, 1981 Bruce G. Nawrocki, Mayor Jo-A~ne Student, Secretary to the Council g. First Reading of Ordinance No. 968 being an ordinance amending Ordinance No,853, City Code of 1977, conveying certain real property to'th~ HRA of Columbia Heights Motion by Norberg, second by Hentges to waive the reading of the ordinance there being ample copies available to the public. Roli call: All ayes ORDINANCE NO. 968 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, CONVEYING CERTAIN REAL PROPERTY TO THE HOUSING AND RE- DEVELOPMENT AUTHORITY OF COLUMBIA HEIGHTS, MINNESOTA The City Council of the City of Columbia Heights does ordain: ct/on 1: The City of Columbia Heights shall sell, convey and quit claim unto the Housing and Redevelopment Authority of Columbia Heights, Minnesota, the following described real property, to-~it: Lot 34, Block $, except the West twenty feet (20') thereof, Reser~oir Hills, according to the map or plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota Regular Counci! Meeting August 10, 1981 page ~ Lot 35, Block 5, Reservoir Hills, according to the map or plat thereof on file and of record in the office of the County Recorder ~n and for Anoka County, M/nnesota Section 2: Section 3: Section 4: The purchase price shall be $ The Mayor and City Manager are authorized to execute a Quit Claim Deed to convey the City's interest in the said property. This ordinance shall be in full force and effect from and after thirty (30) days after its passage. . . First reading: Second reading: Date of passage: August 10, 1981 Offered by: Seconded by: Roll call: Bruce G. Na~rocki, Mayor Jo-Anne Student, Secretary to the Council h. First Reading of Ordinance No.969 being an ordinance amending Ordinance No.853, City Code of 1977, conveying certain real property to the HRA of Columbia Heights Motion by Norberg, second by Hentges to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes ORDINANCE NO. 969 BEING AN ORDINANCE ~MZNDING ORDINANCE NO. 853, CITY CODE OF 1977, CON~YING CERTAIN REAL PROPERTY TO THE HOUSING AND RE- DEVELOPMENT AUTHORITY OF COLUMBIA HEIGHTS, MINNESOTA The City Council of the City of Columbia Heights does ordain: Section 1: The City of Columbia Heights shall sell, convey and quit claim unto the Housing and Redevelopment Authority of Columbia Heights, Minnesota, the following described real property, to-wit: A/1 of the alley adjacent to Lots 20 through 28, inclusive, Walton's Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills, according to the map or plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota Section 2: The purchase price shall he $ . Section 3: The Mayor and City Manager are authorized to execute a Quit Claim Deed to convey the City's interest in the said property. Sect/on 4: This ordinance shall be in full force and effect fr~m and after thirty (30) days after /ts passage. Regular Council Meeting August 10, 1981 page ~J (~irst reading:- ~econd reading: Date of passage: August 10, 1981 Offered by: Seconded by: Roll call: Bruce G. Nawrocki, Mayor Jo-Anne Student, Secretary to the Council 1. First Reading of Ordinance No.970 being an ordinance amending Ordinance No.853, City Code of 1977, conveying certain real property to the HRA of Columbia Heights. Motion by Norberg, second by Hentges to waive the reading..df the ordinance there being ample copies available tOthe public. Roli call: All ayes ORDINANCE NO. 970 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, CONVEYING CERTAIN REAL PROPERTY TO THE HOUSING AND RE- DEVELOPM]SNT AUTHORITY OF COLUMBIA HEIGHTS, MINNESOTA The City Council of the City of Columbia Heights; does ordain: Section 1: The City of Columbia ~eights shall sell, convey and quit claim unto the ~ousing and Redevelopment Authority of Columbia Heights, Minnesota, the following described real.property, to-wit: The North five feet (5') of Lot li, Block 5, Reservoir Hills, and the South five feet (5') of Lots 31 and 33, Block 4, Reservoir Hills, except reserving to the City of Columbia Heights an easement for street and utility purposes over~.u~.,der and across the South five feet (5') of said Lot 31, Block 4, except the East eleven feet (11') thereof, Reservoir Hills, according to the map or plat thereof on file and 6f record in the office of the County Recorder in and for Anoka County, Minnesota Sect:r~ 2: The purchase price shall be $ Section 3: The Mayor and City Manager are authorized to execute a Quit Claim Deed to convey the City's interest in the said property. Section 4: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. rst reading: Second reading: Date of passage: August I0, 1981 Regular Counci! Meeting August I0, 1981 page 2 ~ Offered by: Seconded by: Roll call: Bruce G. Nawrocki, Mayor Jc-i:..:~e S[udent, Secretary to the Council j. First Reading of Ordinance No.971 being an ordinance amending Ordinance No.853, City Code of ]977, vacating an a;ley Motion by Norberg, second by Hentges to waive the reading of the ordinance there being ample copies available to the public. Ro!l call: A!! ayes ORDINANCE NO. 97i BEING AN ORDINANCE A~fENDING ORDINANCE NO. 853 CITY CODE OF 1977, VACATING The City Council of the City of Columbia Heights does ordain: Section 1: The City of Columbia Heights herewith vacates the public alley over the following-described property, to-wit: The West twenty feet (20') of Lot 34, Block 5, 'Reservoir Rills", according to the plat thereof on file and of record in the office of the County Recorder and for Anoka County, M~nnesota. Section 2: This ordinance shall be ~n full force and effect from and after thirty (30) days after lts passage. First reading: S~:rnd reading: Date of passage: August 10, !981 Offered by: Seconded by: Roll call: Jo-Anne Student Secretary to the Council Bruce G. Nawrocki, Mayor Regular Council Meeting August 10, 1981 page 26 ommunications . a. Springbrook Nature Center Members of the Council received a letter and Invitation to attend the opening of the Springbrook Nature Center on October lOth, This was an informational item, b. Planning and Zoning Commission 1. Donald Wilson 567 37th Avenue Special Purpose Fence Motion by Hentges, second by Nawrocki to grant the request to build a six-foot, high fence to enclose a swimming pool at 567 37th Avenue. Roll call: Heintz, Hentges, Nawr~cki--aye Norberg--nay 2. Zoning Ordinance-PURD Ordinance 'This ordinance will be reviewed at the Planning and Zoning meeting on August 18th. This was an informational item. c. Traffic Commission 1. qOth and Central--Passenger Waiting Station The Traffic Commission is recommending that the waitin~'station presently at 40th and Central be moved to a different location in the same area. Councilman Heintz feels this decision should be made after the HRA plans for this area are completed. Motion by Heintz, second by Norberg to deny the request to move the waiting station presently located on Central Avenue at ~Oth. Ro11 call: Heintz, Norberg--aye Mentges (~wrocki--nay Motion fails ~. Association of Metropo]itan Municipalities Two surveys were received from the AMM regarding elected officials' salaries and muni- cipal fees. This was informational. e. ICMA Retirement Corporation Deferred Compensation Plan The City Manager briefly explained amendments to 1:he Plan and advised the Council that none of the amendments would adversely affect the City. f. Hennepin County Comprehensive Plan The City Manager gave an update on the Hennepin County Comprehensive Plan. Considerable discussion followed concerning that part of the Pllan that dealt with waste disposal in the County. Motion by Norberg to direct the City Manager t~rite a letter expressing our ob~ections to the Hennepin County Comprehensive Plan and expressing the uncertainity of the Plan. Mo~ion dies for lack of a second. Motion by Hentges, second by Nawrocki to direct the City Manager to write a letter to the Metropolitan Council showing our concern of the Riverside plant burning rubbish and the eventual impact on the City of Columbia Heighl:s. Roll call: Hentges, Nawrocki--aye Heintz--nay Norberg--abstain Motion passes g. Police and First Aid Contract with the City of Hilltop Motion by Helntz, second by Hentges to authorize 1:he Mayor and City Manager to enter into an agreement with the City of Hilltop, renewable iln three years. Roll call: All ayes Old and New Business a. Old Business I. 42½ and ~4½ Avenues--Driveway, Driveway Aprons, and Curbing Replacements/Repairs Regular Council Meeting August 10, 1981 page 2~ The City Manager reviewed the list of criteria used by the Engineering Department to determine what work would qualify for doing, Councilman Norberg still feels if there is any work to be done it should be paid for by the property owners, Motion by Heintz, second by Hentges to accept the criteria established by the City Engineer, Roll call: Heintz, Hentges, Nawrocki--aye Norberg--abstain Motion by Heintz, second by Hentges to concur with the Engineering Department's recommended repairs in the estimated amount of $6,200, Roll call: Heintz, Hentges Nawrocki--aye Norberg--nay Motion by Hentges, second by Heintz that the $6,200 for the list of recommended repairs be paid for out of the PIR Fund. Roll call: Heintz, Norberg, Nawrocki--aye Hent'ges--abstain Much discussion followed as to how the remaining costs of this work should be paid for. Councilman Norberg feels Costs should man Heintz felt the costs should come be assessed back to the property owners. Council- the costs should be assessed back to t°ut of the PIR Fund. Councilman Hentges said part of he property owners. The Mayor agreed and said this traditionally has been 10%. This was the percentage figure used at the public hearing in November of ]980 when this work was discussed with residents from this area. Alternative sources for paying the balance of the project costs were discussed. Motion by Hentges, second by Nawrocki to consider payment of the debt for the work to be done on 42½ Avenue and 44½ Avenue to be assessed as follows; lO~ to the bene- fitting property owners, 50% of the balance to be taken ~'rom PIR, and 50% of the balance to be taken from General Unallocated Funds. Roll call: Hentges, Nawrocki--aye Heintz, Norberg--nay Motion fails. Motion by Norberg to direct the City Manager to do the necessary background work to present the entire assessment project and assess the entire amount back to the bene- fitting properties. Motion dies for lack of a second. Motion by Heintz that the entire amount of this project be paid out of the PIR Fund. Motion dies for lack of a second. Motion by Hentges, second by Nawrocki to recommend that the City Manager set up a 10~ assessment roll to be held at a public hearing in November 1981 and that the City Man- ager be prepared with recommendations as how to pay the balance. Roll call: Hentges Nawrocki--aye Heintz, Norberg--nay Motion fails. ' 2. Occupancy of Residence at 1026 43 Avenue--Mr.& Mrs. Thomas Pinkerton Motion by Hentges, second by Heintz that the Occupancy Permit for the residence at i026 43rd Avenue be granted. Councilman Norberg expressed that the criteria used to grant this permit was a poor example. Roll call: Heintz, Hentges, Nawrocki--aye Norberg--nay 3. Fire Cadets Recognition Councilman Norberg had previously requested suggestions from the Fire Chief regarding an appropriate type of recognition event for the F~re Cadets. At this point in time these suggestions have not been received. Some ideas for this were discussed. b. New Business I. Establish Date for Pub]lc Hearing Regarding the 1982 Budget The Mayor called the public hearing to consider the 1982 budget for Tuesday, September 29th at 8:00 pm. 2. Liquor Store Location This item is to be discussed in an Executive Session, 3. Establishing Salary for Assistant Building Inspector Motion by Norberg, second by Hentges to establish $1,243 per month for the salary of Scott McLellan, Assistant Building Inspector, effective August 19, 1981. This is an entry level salary. Roll call: All ayes Regular Council Meeting August 10, IgS1 page 2~ Authorization to Seek Architectural/Engineering Services for Modification, Remodel- mng and/or Renovation of the Columbia Heights Library The City Manager presented the specifics of what Ils being proposed done at the Library and the estimated costs as well as how much monies; have been budgeted for this work. Councilman Norberg gave additional details on what: may need to be done and feels other repairs may be discovered when the maxi-audit is completed. Motion by Norberg, second by Hentges to authorize the City Manager to extend the agre- ement with TKDA to include recommendations about the roof treatment, the sprinklers, and other items of interest at the library in the maxi-audit. Roll call: Al1 ayes Authorization to Purchase a. Tires for Fire Truck I~otion by Heintz, second by Hentges to authorize the purchase of two 11:20 x 20 16 ply radial tires for fire truck #3783 from Battery and Tire Warehouse in the amount of $612.60, based on low quotation received. Councilman Norberg questioned the trade-in value and was told there was none. Roll call: Heintz, Hentges, Nawrocki-- aye Norberg--nay b. Shelving Units for Library Motion by Norberg, second by Hentges to authorize the City Manager to purchase library shelving units from Diversified Marketing Company In the amount of $1,050, Including delivery and installation based upon low, informal quotation. Councilman Heintz feels no additional expenditures for the library should be authorized until the results of the maxi-energy audit are received. Roli call: Hentges, Norberg, Nawrockl--aye Helntz-- c. Electronic Typewriter for Library Councilman Norberg explained how many hours would be afforded staff for other duties in the library if the typewriter presently being used is replaced. It was noted that the recommendation is not for the least expensive 'typewriter but was the choice of staff based on its contemplated use. Motion by Norberg, second by Hentges to authorize 'the City Manager to purchase one Olivetti ET 221 Electronic Typewriter from Calc-Type, Inc. in the amount of $1,755 based upon low, informal quotation; and furthermore, that the ~ayor and City Manager be authorized to execute a service agreement in the amount of $189 per year. Roll call: Norberg, Nawrocki--aye Heintz, Hentges.--nay Motion fails. Councilman Heintz requested that the staff go back and get the lowest responsible bidder. 6. Schools and Conferences a. Management of Job-Related Stress Motion by Heintz, second by Hentges to authorize Sergeant James Kapala to attend Management of Job-Related Stress, on October 12-16~, in Corpus Christi, Texas. This item costs $915 and has been budgeted for. Councilman Norberg questioned how the subject of stress relates specifically to only this job and noted that the estimated costs were high. Roll call: Heintz, Hentges, Nawrocki--aye Norberg--abstaln b. Negotiating Labo~- Contracts Motion by Hentges, second by Helntz to authorize ~ith Masuda, Administrative Assistant, 'o attend Negotiating Labor Contracts, on September' 15-16-17, 1-81, in St. Paul; and expenses of $295 be reimbursed. Roll call: All ayes 7. Revised City Accountant Position Description Motion by Heintz, second by Norberg to approved the revised position description for the City Accountant. The three changes as recon~ended by the City Hanager will not have any Impact on the present salary range. Roll c:all: All ayes. Regular Council Meeting August I0, 1981 page 2~ The City Manager requested additional authorization regarding concrete work to be done on 42½ Avenue and 44~ Avenue as well as authorization to seek proposals for the asphalt paving work. Motion by Hentges, second by Heintz to authorize the City Manager to proceed with the concrete contract and to undertake the repairs and replacements as indicated in the revised list as prepared by the Public Works Department for 42½ and 44½ Avenues; fur- thermore, that the City Manager be authorized to seek proposals for asphalt paving for the repairs and replacements on 42½ and 44½ Avenues and on the access to Columbia Court. Ro)i ca)l: Heintz, Hentges, Nawrocki--aye Norberg--nay 9. Reports a. City Manager's Report This report was presented in writing. b. City Attorney's Report The City Manager advised the Council of the hearing scheduled for August 12 regarding the Voss Parking Lot. The City Attorney requested an Executive Session to discuss items regarding the Downtown Development )0. Licenses Motion by Heintz, second by Hentges to grant the licenses upon proper payment of fees as listed with the exlcusion of the request for a license for the games of skill at the theatre on 39th and Central Avenue. Mr. Randall Smith owns the machines that would be used in the game room at the Heights Theatre. He and Mr. Jim Payne from the Heights Theatre had requested a license to operate these machines in the theatre building. Much discussion followed regarding the use of these machines while the theatre was not showing films. The City Attorney advised that the Arcade Ordinance, presently being considered by the Council, would be applicable if the game room were to be open when there is not a film being shown. Additional infor- mation has been requested by the Council on this ordinance. Motion by Norberg, second by Hentges to table this request until Ordinance No.963, pertaining to arcades, can be examined further. Roll call: All ayes Il. ~ayment of Bills Motion by Heintz, second by Hentges to pay the bills out of the proper funds. Some discussion followed as from what sources the bill is being paid to N.D H Roll call: All ayes · .- The Mayor advised the Council that he was given incorrect information dealing with the vacation time for five-year employees. The correct length of time for five-year employ- ees is two weeks vacation, not three weeks. An Executive Session was called at 2:05 to discuss two items the location of the liquor store and Ordinance No. 961. ' The regular Council meeting was called back to order at 2:17 am. Motion by Hentges, second by Heintz to table the second reading of Ordinance No. 961 until the next reg~Jlar Council meeting. Roll call: Heintz, Hentges--aye Norberg, Nawrocki--nay Motion fails. The action taken on this ordinance is contained in section 6-a. The ordinance and the insertion of the sale price of $650,000 was offered by orberg, seconded by Nawrocki. Motion by Norberg, second by Hentges to direct the City Manager to continue to search for new locations for on and/or off sale liquor operations. Roll call: All ayes The two sites proposed for consideration for the liquor operations were discussed Neither site was considered attractive. ' Motion by Hentges, second by Norberg to deny the request of the City Manager to make · R~gular Council Meeting August 10, 1981 page 2q an offer for either of the Texaco properties suggested for the Roll call: All ~yes ~djournment Ilquor operations. Motion by Heintz, second by Norberg to adjourn the meeting at 2:29 am.~Roll call: Al 1 ayes . . Bruce'G. Nawrocki, Mayor -Anne Student, Counc,1 Secretary PETERSON & KALINA Chartered ATTORNEYS AT LAW Oouglas J. Peterson Ronald S. Kalina William G. Moore Stephen M. Halsey Richamd S. Eskola September 25, 1981 TO: Joanne Student From: Stephen M. Halsey, Ass~istant City Attorney RE: Council Meeting Minutes of August 10, 1981 ......... ~Doschadis property) The Council Meeting minutes for August 10, 1981, contains the incorrect Findings of Fact and Order in the Doschadis matter. The Council should amend the minutes as follows to comply with the Findings of Fact and Order as signed by the Mayor and City Manager: Page 2 Delete Paragraph which b~gins"Present at said public hearing..." and the next paragraph which begins "Based upon all evidence..." and substitute the following: "Present at said public hearing in opposition to the demolition of said structure was the owner, Patricia Doschadis, who advised the Council that her attorney, W. Dale Weyhrich, would not be able to appear on her behalf due to a family emergency. The public hear- ing was continued to August 10, 1981, at 8:00 p.m. in thE. Council chambers, Columbia Heights City Hall. Based upon all the evidence presented at the public hearings on July 27, 1981, and August 10, 1981, the Council of the City of Columbia Heights nowmakes its: " Page 4 In the paragraph which begins "The Council of the City..." fill in the blank space with the number "20" so it reads "20 days." Page 5 Paragraph 1 (c) should also have blank filled to read "20 days." 556 40th AVENUE NORTHEAST COLUMBIA HEIGHTS - MPLS, MINNESOTA 55421 --612- 788-9754.-- August 10th City Council Minutes Findings of Fact and Order Doschadis Case Page 2 Delete Paragraph which b~gins"Present at said public hearing..." and the next paragraph which begins "Based upon all evidence..." and substitute the following: "Present at said public hearing in opposition to the demolition of said structure was the owner, Patricia Doschadis, who advised the Council that her attorney, W. Dale Weyhrich, would not be able to appear on her behalf due to a family emergency. The public hear- ing was continued to August 10, 1981, at 8:00 p.m. in thE. Council chambers, Columbia Heights City Hall. Based upon all the evidence presented at the public hearings on July 27, 1981, and August 10, 1981, the Council of the City of Columbia Heights now makes its: " Page 4 Page 5 In the paragraph which begins "The Council of the City..." fill in the blank space with the number "20" so it reads "20 days." Paragraph 1 (c) should also have blank filled to read "20 days."