HomeMy WebLinkAboutMar 22, 1982Official Proceedings
Columbia Heights City Council
Regular Council t~eeting
March 22, 1982
The meeting was called to order by Mayor Nawrocki at 8:00 pm.
1. Roll Call
Hovland, Petkoff, Norberg, Hentges, Nawrocki--present
2. Invocation
The Invocation was offered by Pastor Walter Wahl of First Lutheran Church.
3. Minutes of Previous Meetings
Motion by Hentges, second by Petkoff to approve the minutes of the Public Hearing of
March 8th and the Regular Council Meeting of March 8th, as presented in writing; and
that the reading be dispensed with. Roll call: All ayes
4. Oral Petitions
There were no oral petitions at this time.
5. Ordinances and Resolutions
a. Second reading of Ordinance No.990 being an ordinance amending Ordinance No.853,
City Code of 1977, pertaining to civil defense.
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
OKDINANCE NO. 990
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY
CODE OF 1977, PERTAINING TO CIVIL DEFENSE
The City Council of the City of Columbia Heights does ordain:
Section 1:
Section 3.209 of Ordinance No. 853, City Code of 1977, passed
June 21, 1977, which is currently reserved, shall hereafter
read as follows, to-wit:
Section 9
CIVIL DEFENSE
3.209(1)
Because of the existing and increasing possibility of the
occurrence of disasters of unprecedented size and destruc-
tiveness, and by reason of any natural disturbance or
catastrophe, in order to insure that the preparations of this
City will be adequate to deal with such disasters, and
generally to provide for the common defense and to protect
the public peace, health, and safety, and to preserve the
lives and property of the people of this City, it is hereby
found and declared to be necessary:
(a) To establish a local civil defense agency;
(b) To provide for the exercise of necessary powers during
civil defense emergencies;
(c)
To provide for the rendering of mutual aid between this
City and other political subdivisions of this state and
of other states with respect to the carrying out of
civil defense functions;
Regular Council Meeting
March 22, 1982
page 2
To provide for the promotion and protection of the
public health, safety, and welfare in the event of
natural catastrophes or disturbances.
It ts further declared to be the purpose of this Ordinance
and the policy of the City that all civil defense functions
of this City be coordinated to the maximum extent practicable
with the co~parable functions of the federal government, of
this state, an~ of other states and localities, and of pri-
vate agencies of every type, to the end that the most effec-
tive preparations and use may be made of the nation's man-
power, resources, and facilities for dealing w~th any
disaster that may occur.
3.209(2)
Definitions and Terms: as used in this Ordinance, shall have
the following meaning:
(a)
'Civil defense~ shall mean the preparation for and the
carrying out of all emergency functions, other than
functions for which military forces are primarily
responsible, to prevent, minimize, and repair injury and
damage resulting from disasters, whether caused by enemy
attack, sabotage, or other hostile action, or by any
natural catastrophe or disturbance. These functions
shall include, without limitation, fire-fighting serv-
Ices, police services, medical and health services,
rescue, engineering and air-raid warning services, com-
munications, radiologtcal, chemical, and other special
weapons of defense, evacuation of persons from stricken
areas, emergency welfare services, emergency transpor-
tation, existing or properly assigned functions of plant
protection, temporary restoration of public utility serv-
ices, and other f~:ctions related to civilian protec-
tion, together with all other activities necessary or
incidental to preparation for and carrying out of the
foregoing functions.
(b)
"Civil defense emergency" shall mean an emergency
declared by the governor under the Minnesota Civil
Defense Act of 1951, Laws of 1951, Ch. 694, Sec. 301, or
where declared as hereinafter provided by the City of
Columbia Heights because of any unprecedented or severe
natural catastrophe.
<c)
Except in a declared emergency, "civil defense forces'
shall mean any personnel employed by the City and
assigned by City department heads for service and for
specific activities in preparation for civil defense and
any other volunteer or paid member of the local civil
defense agency engaged in carrying on civil defense
functions in accordance with the provisions of this
Ordinance or any rule or order thereunder.
3.209(3)
The creation and organization of the civil defense agency
shall be as follows:
Regular Council Meeting
March 22, 1982
page 3
(a)
There is hereby created within the City government of
the City of Columbia Heights a civil defense agency,
which shall be under the supervision and control of a
director of civil defense, hereinafter called the direc-
tor. The mayor, with the approval and consent of the
city council, shall have the power to appoint or remove
the director. Whenever, in the Judgment of the city
council it shall appear that the contributions and reve-
nues from other sources is insufficient to pay the
salary and other necessary expenses of the director, the
city council may, in such event, fix and determine the
salary to be paid to such director and provide for the
payment of all necessary expenses, including payments or
salaries necessary for instructors for courses to train
personnel to fulfill federal, state, or local civil
defense requirements. The director shall have direct
responsibility for the organization, administration, and
operation of the civil defense agency, subject to the
direction and control of the mayor. The civil defense
agency shall be organized into such divisions and
bureaus, consistent with state and local civil defense
plans, as the director deems necessary to provide for
the efficient performance of local civil defense func-
tions during a civil defense emergency.
(b)
There is hereby created within the civil defense agency
a civil defense advisory committee, hereinafter called
the committee. Members of the committee shall consist
of the heads of the City departments, or their
designated representatives, and other groups concerned
with civil defense. The mayor shall be chairman, and
the director shall be secretary of the committee. The
committee shall advise the director and the city council
on all matters pertaining to civil defense. Each member
shall serve without compensation except heads of City
departments or the designated representatives and shall
hold office at the pleasure of the mayor.
(c) Establishment of an emergency determination board. To
provide for any local natural catastrophe or disturb-
ance, there is hereby established a board consisting of
the mayor of the City of Columbia Heights, the president
of the city council, and the director of public works.
Whenever, in the Judgment of any two or more members of
such board, any unprecedented or severe natural catas-
trophe or disaster shall warrant it, an emergency may
be declared and the provisions of this Ordinance may be
invoked; provided, however, that there shall be called a
regular meeting or special meeting of the city council
within three days after the declaration of such emer-
gency for the ratification of such emergency declara-
tion, and if such emergency declaration be disapproved
at this or any subsequent city council meeting, it shall
terminate forthwith.
Regular Council Meeting
March 22, ]982
page 4
3.209(4)
The powers and duties of the director shall be as follows:
(a)
The director, with the corment of the mayor, shall rep-
resent the City on any regional or state organization
for ctvil defense. He shall develop proposed mutual aid
agreements with other political subdivisions within or
outside the state for reciprocal civil defense aid and
assistance in a civil defense emergency too great to be
dealt with unassisted, and he shall present such agree-
ments to the city council for its approval or disapprov-
al. Such arrangements shall be consistent with the
state civi~ defense plan; and during a civil defense
emergency, it shall be the duty of the civil defense
agency and civil defense forces to render assistance in
accordance with the provisions of such mutual aid ar-
rangements. Any mutual aid arrangement with a political
subdivision of another state shall be subject to the
approval of the governor.
(b)
The director shall make such studies and surveys of the
manpower, industries, resources, and fscilities of the
City as he deems necessary to determine their adequacy
for civil defense and to plan for their most efficient
use in time of a civil defense emergency.
(c)
The director shall prepare a comprehensive general plan
for the civil defense of the City, and for relief frc~n
any natural catastrophe, and shall present such plan to
the council for its approval. When the council has
approved the plan resolution, it shall be the duty of
all municipal agencies and all civil defense forces of
the City to perform the duties and functions assigned by
the plan as approved. The plan may be modified in like
manner from time to time. The director shall coordinate
the civil defense activities of the City to the end that
they shall be consistent and fully integrated with the
civil defense plan of the federal government and the
state and correlated with the civil defense plans of
other political subdivisions w~thin the state.
(d)
In accordance with the state and city civil defense
plan, the director shall institute such training pro-
grams and public information programs and shall take all
other preparatory steps, including the partial or full
mobilization of civil defense forces in advance of
actual disaster, as may be necessary to the prompt and
effective operation of the city civil defense plan in
time of a civil defense emergency. He may from time to
time conduct such practice air-raid alerts or other
civil defense exercises as he may deem necessary.
Regular Council Meeting
March 22, 1982
page 5
(e)
The director shall utilize the personnel, services,
equipment, supplies, and facilities of existing depart-
ment and agencies of the City to the maximum extent
practicable. The officers and personnel of all such
departments and agencies shall, to the maximum extent
practicable, cooperate with and extend such services and
facilities to the local civil defense agency and to the
governor upon request. The head of each department and
agency, in cooperation with and under the directiom of
the director, shall be responsible for the planning and
programming of such civil defense activities as will
involve the utilization of the facil~ties of his depart-
ment or agency.
(f)
The director shall, in cooperation with existing City
departments and agencies affected, organize, recruit,
and train air-raid wardens, auxiliary police, auxiliary
firemen, emergency medical personnel, and any other per-
sonnel that may be required on a volunteer basis to
carry out the civil defense plans of the City and the
state. To the extent that such emergency personnel is
recruited to augment a regular City department or agency
for civil defense emergencies, it shall be assigned to
such department or agency for purposes of administration
and command. The director may dismiss any civil defense
volunteer at any time and require him to surrender any
equipment and identification furnished by the City.
(g)
Consistent with the civil defense plan, the director
shall provide and equip emergency hospitals, casualty
stations, ambulances, canteens, evacuation centers, and
other facilities or conveyances for the care of injured
or homeless persons.
(h)
The director shall carry out all orders, rules, and regu-
lations issued by the governor with reference to civil
defense.
(i)
The director shall direct and coordinate the general
operations of all local civil defense forces during a
civil defense emergency in conformity with controlling
regulations and instructions of state civil defense
authorities. The heads of departments and agencies
shall be governed by his orders in respect thereto.
(j)
Consistent with the civil defense plan, the director
shall provide and equip at some suitable place in the
City a control center, and if required by the state
civil defense plan, an auxiliary control center to be
used during a civil defense emergency as headquarters
for direction and coordination of civil defense forces.
He shall arrange for representation at the control
center by municipal departments and agencies, public
utilities, and other agencies authorized by federal or
state authority to carry on civil defense activities
Regular Council Meeting
March 22, 1982
page 6
during a civil defense emergency. He shall arrange for
the installation at the control center of necessary
facilities for communication with and between heads of
civil defense division, the stations and operating units
of municipal services and other agencies concerned with
civil defense and for communication w~th other com-
munities and control centers within the surrounding area
and with the federal and state agencies concerned.
(k)
During the first 30 days of a civil defense emergency,
the director may, when necessary to save life or proper-
ty, require any person, except members of the federal or
state military forces and officers of the state or a
political subdivision, to perform services for civil
defense purposes as he directs, and he may commandeer,
for the time being, any motor vehicle, tools, applian-
ces, or any other property, subject to the owner's right
to just compensation as provided by law.
3.209(5)
Civil defense workers shall be subject to the following:
(a)
No person shall be employed or associated in any capa-
city in the civil defense agency who advocates or has
advocated a change by force or violence in the constitu-
tional form of government of the United States by force
or violence, or who has been convicted of or is under
indictment or information charging any subversive act
against the United States. Each person who is appointed
to serve in the civil defense agency shall, before
entering upon his duties, take an oath in writing as
prescribed by the Minnesota Civil Defense Act of 1951,
Section 40e.
(b)
Civil defense volunteers shall be called into service
only in case of a civil defense emergency for which the
regular municipal forces are inadequate or for necessary
training and preparation for such emergencies, or when
deemed necessary by the mayor to carry out the provi-
sions of this Ordinance relating to relief from natural
catastrophes or disturbances.
(c)
Each civil defense volunteer shall be provided with such
suitable insignia or other identification as may be
required by the director. Such identification shall be
in a form and style approved by the federal government.
No volunteer shall exercise any authority over the per-
sons or property of others without his identification.
No person except an authorized volunteer shall use the
identification of a volunteer or otherwise represent
himself to be an authorized volunteer.
(d) No civil defense volunteer shall carry a firearm while
on duty except on written order of the chief of the
police department.
Regular Council Meeting
March 22, 1982
page 7
(e)
Personnel procedures of the City applicable to regular
employees shall not apply to volunteer civil defense
workers.
3.209(6)
Emergency regulations may be enacted as follows:
(a)
Whenever necessary to meet a civil defense emergency or
to prepare for such an emergency for which adequate
regulations have not been adopted by the governor or the
city council, the majority of the emergency board may by
proclamation promulgate regulations, consistent with
applicable federal or state law or regulations, respect-
ing: Protection against air raids; the sounding of air-
raid alarms; the conduct of persons and the use of
property during alarms; the repair, maintenance, and
safeguarding of essential public utilities; emergency
health, fire, and safety regulations; trial drills or
practice periods required for preliminary training; and
all other matters which are required to protect public
safety, health, and welfare in civil defense emergen-
cies. No regulation governing observation of enemy
aircraft, air attack, alarms, or illumination during air
attacks shall be adopted or take effect unless approved
by the state director of civil defense.
(b)
Every proclamation of emergency regulations shall be in
writing and signed by the mayor, shall be dated, shall
refer to the particular civil defense emergency to which
it pertains, if so limited, and shall be filed in the
office of the city clerk, where a copy shall be kept
posted and available for public inspection during busi-
ness hours. Notice of the existence of such regulation
and its availability for inspection at the clerk's
office shall be conspicuously posted at the front of the
city hall or other headquarters of the City and at such
other places in the affected area as the Mayor shall
designate in the proclamation. Thereupon, the regula-
tion shall take effect immediately or at such later time
as may be specified in the proclamation. By like
proclamation, the mayor may modify or rescind any such
regulation.
3.209(7)
(c) The city council may rescind any such regulation by
resolution at any time. If not sooner rescinded, every
such regulation shall expire at the end of 30 days after
its effective date or at the end of the civil defense
emergency to which it relates, whichever occurs first.
Any ordinance, rule, or regulation inconsistent with an
emergency regulation promulgated by the mayor shall be
suspended during the period of time and to the extent
that such conflict exists.
There is hereby established in the city treasury a special
fund to be known as the civil defense fund. In this fund
shall be placed the proceeds of taxes levied for civil
defense, money transferred from other funds, gifts, and other
revenues of the civil defense agency. From it shall be made
expenditures for the operation and maintenance of the civil
defense agency and other expenditures for civil defense.
Regular Council Meeting
March 22, 1982
page ~
Regular accounting, disbursement, purchasing, budgeting, and
other financial procedures of the City shall apply to the
civil defense fund except when an emergency exists.
3.209(8)
The director shall, as soon as possible after the end of each
six-month period of a calendar year, prepare and present to
the city council a comprehensive report of the activities of
the civil defense agency during said period, including a
detailed statement of all receipts and disbursements.
3.209(9)
Every officer and agency of the City shall cooperate with
federal and state authorities and with authorized agencies
engaged in civil defense and emergency measures to the
fullest possible extent consistent with the performance of
their other duties. The provisions of this Ordinance and of
all regulations made thereunder shall be subject to all
applicable and controlling provisions of federal and state
laws and of regulations and orders issued thereunder and
shall be deemed to be suspended and inoperative so far as
there is any conflict therewith. The mayor may appoint any
qualified person holding a position in any agency created
under federal or state authority for civil defense purposes
as a special policeman of the City, with such police powers
and duties within the City incident to the functions of his
position, not exceeding those of a regular policeman of the
City, as may be prescribed in the appointment. Every such
special policeman shall be subject to the supervision and
control of the chief of police and such other police officers
of the City as the chief may designate.
3.209(10)
All functions hereunder and all other activities relating to
c~vil defense are hereby declared to be governmental func-
tions. The City and, except in cases of willful m~sconduct,
its officers, agents, employees, or representatives engaged
in civil defense activities, while complying with or at-
tempting to comply with the Minnesota Civil Defense Act of
1951 or with this Ordinance or any rule, regulation or order
made thereupon, shall not be liable for the death of or
injury to persons, or damage to property as a result of such
activity. The provisions of this section shall not affect
the right of any officer or employee of the City of Columbia
Heights to receive benefits to which he would otherwise be
entitled under this Ordinance or under the Workmen's Compen-
sation Law, or under any pension law, nor the right of any
such person to receive any benefits or compensation under any
act of Congress.
3.209(11)
The civil defense agency shall not participate in any form of
political activity, nor shall it be employed directly or
indirectly for political purposes, nor shall it be employed
in a legitimate labor dispute.
Section
This ordinance shall be in full force and effect from and
after thirty (30) days after its passage.
Regular Council Meeting
March 22, 1952
page 9
First reading:
Second reading:
Date of passage:
March 8, 1982
March 22, 1982
March 22, 1982
Offered by: Norberg
Seconded by: Hovland
Roll call: All ayes
Jo-Anne Student, Council Secretary
Bruce G. Nawrocki, Mayor
b. Second reading of Ordinance No.992 being an ordinance amending Ordinance No.853,
City Code of 1977, and pertaining to restaurant conduct.
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. 992
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF
1977, AND PERTAINING TO RESTAURANT CONDUCT
The City Council of the City of Columbia Heights does ordain:
Section 1: Section 10.301(15) of Ordinance No. 853, City Code of 1977, passed
June 21, 1977, which reads as follows, to-wit:
"No person shall loiter, engage in disorderly conduct or cause any
nuisance on the parking area of a drive-in restaurant so as to dis-
turb the quiet and good order of the neighborhood."
is herewith amended to read as follows, to-wit:
No person shall loiter, engage in disorderly conduct or cause any
nuisance on the parking area of a restaurant so as to disturb the
quiet and good order of the neighborhood.
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:
March 8, 1982
March 22, 1982
March 22, 1982
Offered by: Hentges
Seconded by: Norberg
Roll call: All ayes
Jo-Anne Student, Council Secretary
Bruce G. Nawrocki, Mayor
c. Second reading of Ordinance No.993 being an ordinance amending Ordinance No.853,
City Code of 1977, and pertaining to beverages in Huset Park. '
~otion by Norberg, second by Petkoff to waive the reading of the ordinance there being
ple copies available to the public. Roll call: All ayes
Regular Council Meeting
March 22, 1982
page l0
ORDINANCE NO. 993
BEING AN ORDINANCE A~ENDING ORDINANCE NO. 853, CITY CODE OF
1977, AND PERTAINING TO BEVERAGES IN HUSET PARK
The City Council of the City of Columbia Heights does ordain:
Section 1: Section 10.201(16) of Ordinance No. 853, City Code of 1977, passed
June 21, 1977, which reads as follows, to-wit:
"No person shall have in his possession or consume any intoxicating liquor
or non-intoxicating malt liquor in or upon any City park, parkway, or
bathing beach within the City of Columbia Heights.
(a)
Provided, however, the City Council may by affirmative vote grant
permission to neighborhood groups and public service organizations
to possess and consume non-intoxicating malt liquor in City parks,
except before 8:00 a.m. and after 9:30 p.m. No such permission
may be granted for such possession or consumption in or upon any
public bathing beach or anywhere in Silver Lake Beach Park.
(b)
The prohibitions of this Section 10.201(16) shall not apply to
Huset Park between the hours of 8:00 a.m. and 11:30 p.m. and shall
not apply to the Columbia Heights Field House."
is herewith amended to read as follows, to-wit:
No person shall have in his possession or consume any intoxicating liq
or non-intoxicating malt liquor in or upon any City park, parkway, or
bathing beach within the City of Columbia Heights.
(a)
Provided, however, the City Council may by affirmative vote grant
permission to neighborhood groups and public service organizations
to possess and consume non-intoxicating malt liquor in City parks,
except before 8:00 a.m. and after 9:30 p.m. No such permission
may be granted for such possession or consumption in or upon any
public bathing beach or ans~here in Silver Lake Beach Park.
(b)
The prohibitions of this Section 10.201(16) shall not apply on
Fridays, Saturdays, Sundays, or legal holidays to Huset Park
between the hours of 8:00 a.m. and 11:00 p.m. and shall not apply
to John Murzyn Hall (Columbia Heights Fieldhouse) at any time.
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:
March 8, ]982
March 22, ]982
Hatch 22, 1982
Offered by: Petkoff
Seconded by: Norberg
Roll call: All ayes
Bruce G. ~awrocki, ~yor
Jo-~nne Student, Secretary
to the Council
~Regular Council Meeting
March 22, 1982
page 11
d. Second reading of Ordinance No.994 being an ordinance amending Ordinance No.853,
City Code of 1977, and pertaining to loud parties or gatherings.
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. 994
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977,
AND PERTAINING TO LOUD PARTIES OR GATHERINGS
The City Council of the City of Columbia Heights does ordain:
Section 1:
Section 10.312 of Ordinance No. 853, City Code of 1977, passed June 21,
1977, which is currently reserved, shall hereafter read as follows,
to-wit:
SECTION 12
PARTICIPATION IN LOUD PARTIES OR GATHERINGS
10.312(1)
No person shall congregate because of or participate in any
party or gathering of people from which noise emanates of a
sufficient volume or of such nature to disturb the peace,
quiet, or repose of other persons.
10.312(2)
A police officer may order all persons present other than the
owners or tenants of the building or place where the party or
gathering is located to immediately disperse. Any person who
shall refuse to leave after being ordered to do so by a police
officer shall be guilty of a violation of this section.
10.312(3)
Any owner or person in charge of the building or place who
has knowledge of the disturbance and fails to immediately abate
said disturbance upon order of a police officer shall be guilty
of a violation of this section.
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:
March 8, 1982
March 22, 1982
March 22, ]982
Offered by: Norberg
Seconded by: Hentges
Roll call: All ayes
Jo-Anne Student, Council Secretary
Bruce G. Nawrocki, Mayor
e. First reading of Ordinance No.996 being an ordinance amending Ordinance No.853,
City Code of 1977, revising the numbering system set forth in Ordinances Nos. 868
877, 896, and 90] '
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. 996
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977,
REVISING THE NUMBERING SYSTEM SET FORTH IN ORDINANCE NOS. 868,
877, 896 AND 901
Regular Council Meeting
March 22, 1982
page 12
The City Council of the City of Columbia Heights does ordain:
Section 1:
The numbers set forth hereafter contained in Ordinance No. 896, Being
an Ordinance Amending Ordinance No. 853, City Code of 1977, Pertaining
to Regulation of Residential Structures in Commercial Zone, passed on
January 22, 1979, are herewith changed as follows, to-wit:
Section 9.403(11) is herewith amended to read 9.104(3)(k)
Section 9.403(11)(a) is herewith amended to read 9.104(3)(k)[i]
Section 9.403(11)(b) is herewith amended to read 9.104(3)(k)[ii]
Section 9.403(11)(c) is herewith amended to read 9.104(3)(k)[iii]
Section 9.503(4) is herewith amended to read 9.105(3)(d)
Section 2: Section 9.104(h) of the City Code of 1977, adopted June 21, 1977, which
reads as follows:
"Section 9.403(11) of Ordinance No. 853, City Code of 1977, passed
June 21, 1977, shall hereafter be numbered as Section 9.104(h).
Section 9.503(4) of Ordinance No. 853, City Code of 1977, passed June 21,
1977, shall hereafter be numbered as Section 9.105(d)."
is herewith repealed.
Section 3:
The numbers set forth hereafter contained in Ordinance No. 868, Being an
Ordinance Amending Ordinance No. 853, Chapter 9, Article IV, Section
16.4(20), City Code of 1977, Relating to Parking Requirements, passed on
Novm~ber 15, 1977, are herewith changed as follows, to-wit:
Section 16.4(20) is herewith amended to read 9.116(4)(t)
Section 16.4(20)A is herewith amended to read 9 116(4)(t)[i]
Section 16.4(20)B is herewith amended to read 9 ll6(4)(t)[ii]
Section 16.4(20)C is herewith amended to read 9 ll6(4)(t)[iii]
Section 16.4(20)D is herewith amended to read 9 ll6(4)(t)[iv]
Section 16.4(20)E is herewith amended to read 9 l16(4)(t)[v]
Section 16.4(20)F is herewith amended to read 9 ll6(4)(t)[vi]
Section 16.4(20)G is herewith amended to read 9 ll6(4)(t)[vii]
Section 16.4(20)G(1) is herewith amended to read 9.116(4)(t)[vii] 1)
Section 16 4(20)G(2) is herewith amended to read 9.116(4)(t)[vii] 2)
Section 16 4(20)G(3) is herewith mmended to read 9.116(4)(t)[vii] 3)
Section 16 4(20)G(4) is herewith am. ended to read 9.116(4)(t)[vii] 4)
Section 16 4(20)6(5) is herewith amended to read 9.116(4)(t)[vii] 5)
Section 16 4(20)G(6) is herewith amended to read 9.116(4)(t)[vii] 6)
Section 16 4(20)G(7) is herewith amended to read 9.116(4)(t)[vii] 7)
Section 4:
The numbersset forth hereafter contained in Ordinance No. 877, Being an
Ordinance Amending Ordinance No. 853, City Code of 1977, Pertaining to
Zoning Regulation of Non-Conforming Uses, passed on September 26, 1977,
are herewith changed as follows, to-wit:
Section 9.403(10) is herewith amended to read 9.104(3)(j)
Section 9.503 is herewith amended to read 9.105(3)
Section 9.503(4) is herewith amended to read 9.105(3)(d)
Section 5: This ordinance shall be in full force and effect from and after thirty
(30) days after its passage.
Regular Council Meeting
March 22, 1982
page 13
First reading:
Second reading:
Date of passage:
March 22,
1982
Offered by:
Seconded by:
Roll call:
Jo-Anne Student, Council Secretary
Bruce G. Nawrocki, Mayor
f. First reading of Ordinance No.997
to a project.
Motion by Petkoff, second by Hovland
ample copies available to the public.
being an ordinance giving preliminary approval
to waive the reading of the ordinance there being
Roll call: All ayes
Ordinance No. 997
BEING AN ORDINANCE GIVING PRELIMINARY
APPROVAL TO A PROJECT UNDER THE MUNICIPAL
INDUSTRIAL DEVELOPMENT ACT, REFERRING THE
PROPOSAL TO THE COMMISSIONER OF ENERGY,
PLANNING AND DEVELOPMENT FOR APPROVAL,
AND AUTHORIZING PREPARATION OF NECESSARY
DOCUMENTS
The City of Columbia Heights does ordain:
1. It is hereby found, determined and declared as follows:
1.1. The welfare of the State of Minnesota requires active promo-
tion, attraction, encouragement and development of economically sound
industry and commerce through governmental acts to prevent, so far as
possible, emergence of blighted lands and areas of chronic unemployment,
and it is the policy of the State of Minnesota to facilitate and encourage
action by local government units to prevent the economic deterioration of
such areas to the point where the process can be reversed only by total
redevelopment through the use of local, state and federal funds derived
from taxation, with the attendant necessity of relocating displaced persons
and of duplicating public services in other areas.
1.2. Technological change has caused a shift to a significant degree
in the area of opportunity for educated youth to processing, transporting,
marketing, service and other industries, and un/ess existing and related
industries are retained and new industries are developed to use the available
resources of the City of Columbia Heights (the "City"), a large part of the
existing investment of the community and of the state as a whole in
educational and public service facilities will be lost, and the movement of
talented, educated personnel of mature age to areas where their services
may be effectively used and compensated and the lessening attraction of
persons and businesses from other areas for purposes of industry, commerce
and tourism will deprive the City and the State of the economic and human
resources needed as a base for providing governmental services and facil-
ities for the remaining population.
Regular Council
March 22, 1982
page 14
Meeting
1.3. Other factors necessitating such action are the increasing
concentration of population in urban and metropolitan areas; the consequent
increase in the amount and cost of governmental services required in these
areas~ the energy crisis and energy cost escalation, and their contribution to
unemployment, rising interest rates, balance of payments deficits and
increased welfare payments to cover rising fuel costs and the increased
costs of fuel intensive necessities; and the need for more intensive
development and use of land to provide an adequate tax base to finance
these costs.
1.4. The effect of these factors is intensified by the necessity of
withdrawing land for public use for highways, parks and open space reserves,
schools and playgrounds, and other public enterprises needed to sustain
proper living conditions, communications, and mobility in an increasingly
urban society.
1.5. A representative of Columbia Heights Mall, a Minnesota general
partnership (hereinafter the "Applicant"), has advised this City Council (the
"Council") that it desires to arrange the permanent financing for the
acquisition of land within the Downtown C.B.D. Revitalization Project
area and construction of a building or buildings and acquisition and install
equipment therefor for use as a shopping center facility (hereinafter
referred to as the nProject").
1.6. The existence of the Project in the City will contribute to more
intensive development and use of land to increase the tax base of the City
and overlapping taxing authorities and maintain and provide for an increase
in opportunities for employment for residents of the City.
1.7. The City has been advised that conventional, commercial
financing to pay the capita] cost of the Project is available at such costs of
borrowing that the economic feasibility of operating the Project would be
significantly reduced, but that with the aid of municipal financing, and its
resulting low borrowing cost, the Project is economically more feasible.
1.8. This Council has been advised by a representative of the
Applicant that on the basis of information submitted to it and its discussions
with representatives of area financial institutions and potential buyers of
tax-exempt bonds, industrial development revenue bonds of the City could
be issued and sold upon favorable rates and terms to finance the Project.
1.9. The City is authorized by Minnesota Statutes, Chapter 474, to
issue its revenue bonds to finance th~ cost, in whole or in part, of the
acquisition, construction, reconstruction, improvement or extension of cap-
ital projects consisting of properties used and useful in connection with a
revenue producing enterprise, such as that of the Applicant, and the
issuance of such bonds by the City would be a substantial inducement to the
Applicant to construct its facility in the City.
2. On the basis of information given the City to date, it appears that it
would be in the best interest of the City to issue its industrial development revenue
bonds under the provisions of Chapter 474 in an amount presently estimated not to
exceed $4,500,000.
Regular Council
March 22, 1982
page ]5
Meeting
3. The Project above referred to is hereby given preliminary approval by
the City and the issuance of bonds for such purpose and in such amount approved,
subject to approval of the Project by the Commissioner of Energy, Planning ~nd
Development and to the mutual agreement of this body, the Applicant and the
initial purchasers of the bonds as to the details of the bond issue and provisions for
their payment. In all events, it is understood, however, that the bonds of the City
shall not constitute a charge, lien or encumbrance legal or equitable upon ~ny
property of the City except the Project and each bond, when, as, and if issued,
shall recite in substance that the bond, including interest thereon, is payable solely
from the revenues received from the Project and property pledged to the payment
thereof, and shall not constitute a debt of the City.
4. In accordance with Minnesota Statutes, Section 474.01, Subdivision
7a, the Mayor of the City is hereby authorized and directed to submit the proposal
for the Project to the Commissioner of Securities for approval of the Project. The
Mayor, Clerk, Treasurer and other officers, employees and agents of the City are
hereby authorized to provide the Commissioner with any preliminary information
needed for this purpose, and the City Attorney is authorized to initiate and assist
in the preparation of such documents as may be appropriate to the Project, if it is
approved by the Commissioner.
5. The law firm of Holmes & Graven, Chartered, is authorized to act as
Bond Counsel and to assist in the preparation and review of necessary documents
relating to the Project and bonds issued in connection therewith. The Mayor,
Clerk-Treasurer, City Attorney, and other officers, employees and agents of the
City are hereby authorized to assist Bond Counsel in the preparation of such
documents.
6. This ordinance shall be in full force and effect from and after thirty
(30) days after its passage.
First reading:
Second reading:
Offered by:
Seconded by:
Roll call:
Date of Passage:
March 22, 1982
Mayor
Secretary to the Council
g. Resolution 82-17 being a resolution establishing the date for a Public Hearing
on a proposal to undertake and finance a project under Minnesota Statutes., Chapter
474. This resolution is calling for a public hearing on Ordinance No.997 with re-
gard to the shopping center facility in the Downtown Development Project.
Motion by Norberg, second by Hentges to waive the reading of the resolution there
being ample copies available to the public. Roll call: All ayes
RESOLUTION NO. 82- 17
RESOLUTION ESTABLISHING THE DATE FOR A
PUBLIC HEARING ON A PROPOSAL TO UNDERTAKE
AND FINANCE A PROJECT UNDER MINNESOTA
STATUTES, CHAPTER 474
Regular Council Meeting
March 22, 1982
page 16
WHEREAS, the Minnesota Municipal Industrial Development Act, Minnesota
Statutes, Sections 474.01 et seq. (the "Act"), authorizes the issuance of revenue
6~nds t(~ finance projects; and
WHEREAS, the term "project" is defined by Section 474.02, subdivision la,
of the Act to include "any properties, rea] or persona], used or useful in connection
with a revenue producing enterprise"; and
WHEREAS, a representative of Columbia Heights Mall, a Minnesota general
partnership (the "Developer") has presented this City Council with information
concerning a proposed project (the "Project") to be acquired and constructed within
the City of Columbia Heights (the "City"); and
WHEREAS, the Developer has requested that the City resolve to issue
revenue bonds pursuant to the Act to finance the Project and has presented to the
City a form of preliminary ordinance concerning such issuance with a request that
such preliminary ordinance, attached hereto as Exhibit A, be considered for
adoption by the City Council of the City; and
IVHEREAS, Section 474.01, subdivision 7b, of the Act provides that the City
Council must conduct a public hearing on any proposal to undertake and finance a
project; and
WHEREAS, Section 474.01, subdivision 7b, of the Act provides that notice of
the time and place of such public hearing and stating the general nature of the
project and an estimate of the principal amount of bonds or other obligations to be
issued to finance the project must be published at least once not less than fifteen
(15) days nor more than thirty (30) days prior to the date fixed for the public
hearing in the official newspaper of the City and a newspaper of general
circuJ, ation in the City; and
IfHEREAS, Section 474.01, subdivision 7b, of the Act provides that the
notice must state that a draft copy of the proposed application (the "Application")
to the Commissioner of the State of Minnesota for approval of the Project,
together with all attachments and exhibits, is on file with the City and available
for public inspection; and
WHEREAS, the Developer has presented to the City a form of public notice,
attached hereto as Exhibit B, with a request that the City Council establish a date
for a public hearing on the proposal to undertake and finance the Project and to
authorize publication of the form of public notice provided by the Developer;
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The City Council of the City wK1 conduct a public hearing on the
proposal to undertake and finance the Project on the ~ day of April ,
1982 at 7:30 pm in the City Council Chambers
2. The City Manager is hereby authorized to cause a public notice,
substantially in the form of the notice attached hereto as Exhibit B, to be published
in the official newspaper of the City and a newspaper of general circulation in the
City.
3. The City Manager is hereby authorized and directed to have available
for public inspection in the offices of the City a draft copy of the proposed
Application, together with a~ attachments and exhibits thereto.
Regular Council
March 22, 1982
page 17
Meeting
Passed this 22nd day of March, 1982.
Offered by: Hentges
Seconded by: Hovland
Roll call: Ali ayes
Jo-Anne Student, Council Secretary
Bruce G. Nawrocki, Mayor
h. First reading of Ordinance No.998 being an ordinance giving preliminary approva!
to a project
Motion by Norberg, second by Hentges to waive the reading of the ordinance there being
ample copies available to the public. Ro~l call: All ayes
Ordinance No. 998
BEING AN ORDINANCE GIVING PRELIMINARY
APPROVAL TO A PROJECT UNDER THE MUNICIPAL
INDUSTRIAL DEVELOPMENT ACT, REFERRING THE
PROPOSAL TO THE COMMISSIONER OF ENERGY,
PLANNING AND DEVELOPMENT FOR APPROVAL,
AND AUTHORIZING PREPARATION OF NECESSARY
DOCUMENTS
The City of Columbia Heights does ordain:
1. It is hereby found, determined and declared as follows:
1.1. The welfare of the State of Minnesota requires active promo-
tion, attraction, encouragement and development of economically sound
industry and commerce through governmental acts to prevent, so far as
possible, emergence of blighted lands and areas of chronic unemployment,
and it is the policy of the State of Minnesota to facilitate and encourage
action by local government units to prevent the economic deterioration of
such areas to the point where the process can be reversed only by total
redevelopment through the use of local, state and federal funds derived
from taxation, with the attendant necessity of relocating displaced persons
and of duplicating public services in other areas.
1.2. Technological change has caused a shift to a significant degree
in the area of opportunity for educated youth to processing, transporting,
marketing, service and other industries, and unless existing and related
industries are retained and new industries are developed to use the available
resources of the City of Columbia Heights (the "City"), a large part of the
existing investment of the community and of the state as a whole in
educational and public service facilities will be lost, and the movement of
talented, educated personnel of mature age to areas where their services
may be effectively used and compensated and the lessening attraction of
persons and businesses from other areas for purposes of industry, commerce
and tourism will deprive the City and the State of the economic and human
resources needed as a base for providing governmental services and facil-
ities for the remaining population.
Regular Council
March 22, 1982
page 18
Meeting
1.3. Other factors necessitating such action are the increasing
concentration of population in urban and metropolitan areas; the consequent
increase in the amount and cost of governmental services required in these
areas; the energy' crisis and energy cost escalation, and their contribution to
unemployment, rising interest rates, balance of payments deficits and
increased welfare payments to cover rising fuel costs and the increased
costs of fuel intensive necessities; and the need for more intensive
development and use of land to provide an adequate tax base to finance
these costs.
1.4. The effect of these factors is intensified by the necessity of
withdrawing land for public use for highways, parks and open space reserves,
schools and playgrounds, and other public enterprises needed to sustain
proper living conditions, communications, and mobility in an increasingly
urban society.
1.5. A representative of Terry Evenson (hereinafter the ~Applieant~),
has advised this City Council (the "Council") that it desires to arrange the
permanent financing for the acquisition of land within the Downtown C.B.D.
Revitalization Project area and construction of a building of approximately
$0,000 square feet and acquisition and installation of equipment therefor for
use as an office facility (hereinafter referred to as the "Project").
1.6. The existence of the Project in the City will contribute to more
intensive development and use of land to increase the tax base of the City
and overlapping taxing authorities and maintain and provide for an increase
in opportunities for employment for residents of the City.
1.7. The City has been advised that conventional, commercial
financing to pay the capital cost of the Project is available at such costs of
borrowing that the economic feasibility of operating the Project would be
significantly reduced, but that with the aid of municipal financing, and its
resulting low borrowing cost, the Project is economically more feasible.
1.8. This Council has been advised by a representative of the
Applicant that on the basis of information submitted to it and its discussions
with representatives of area financial institutions and potential buyers of
tax-exempt bonds, industrial development revenue bonds of the City could
be issued and sold upon favorable rates and terms to finance the Project.
1.9. The City is authorized by Minnesota Statutes, Chapter 474, to
issue its revenue bonds to finance the cost, in whole or in part, of the
acquisition, construction, reconstruction, improvement or extension of cap-
ital projects consisting of properties used and useful in connection with a
revenue producing enterprise, such as that of the Applicant, and the
issuance of such bonds by the City would be a substantial inducement to the
Applicant to construct its facility in the City.
2. On the basis of information given the City to date, it appears that it
would be in the best interest of the City to issue its industrial development revenue
bonds under the provisions of Chapter 474 for the Project in an amount presently
estimated not to exceed $6,000,000.
~P~egular Council Meeting
March 22, 1982
page 19
3. The Project above referred to is hereby given preliminary approval by
the City and the issuance of bonds for such purpose and in such amount approved,
subject to approval of the Project by the Commissioner of Energy, Planning and
Development and to the mutual agreement of this body, the Applicant and the
initial purchasers of the bonds as to the details of the bond issue and provisions for
their payment. In all events, it is understood, however, that the bonds of the City
shall not constitute a charge, lien or encumbrance legal or equitable upon any
property of the City except the Project and each bond, when, as, and if issued,
shall recite in substance that the bond, including interest thereon, is payable solely
from the revenues received from the Project and property pledged to the payment
thereof, and shall not constitute a debt of the City.
4. In accordance with Minnesota Statutes, Section 474.01, Subdivision
7a, the Mayor of the City is hereby authorized and directed to submit the proposal
for the Project to the Commissioner of Securities for approval of the Project. The
Mayor, Clerk, Treasurer and other officers, employees and agents of the City are
hereby authorized to provide the Commissioner with any preliminary information
needed for this purpose, and the City Attorney is authorized to initiate and assist
in the preparation of such documents as may be appropriate to the Project, if it is
approved by the Con-,missioner.
5. The law firm of Holmes & Graven, Chartered, is authorized to act as
Bond Counsel and to assist in the preparation and review of necessary documents
relating to the Project and bonds issued in connection therewith. The Mayor,
Clerk-Treasurer, City Attorney, and other officers, employees and agents of the
City are hereby authorized to assist Bond Counsel in the preparation of such
documents.
6. This ordinance shall be in full force and effect from and after thirty
(30) days after its passage.
First reading:
Second reading:
Offered by:
Seconded by:
Roll call:
Date of Passage:
March 22, 1982
Mayor
Secretary to the Council
i. Resolution 82-18 being a resolution establishing the date for a public hearing on a
proposal to undertake and finance a project under Minnesota Statutes, Chapter 474.
This resolution is calling for a public hearing on Ordinance No.998 with regard to
the office facility in the Downtown Development Project.
Motion by Hentges, second by Petkoff to waive the reading of the resolution there being
ample copies available to the public. Roll call: A{I ayes
RESOLUTION NO. 82-18
RESOLUTION ESTABLISHING THE DATE FOR A
PUBLIC HEARING ON A PROPOSAL TO UNDERTAKE
AND FINANCE A PROJECT UNDER MINNESOTA
STATUTES, CHAPTER 474
Regular Council
March 22, 1982
page 20
Meeting
WHEREAS, the Minnesota Municipal Industrial Development Act, Minnesota
Statutes, Sections 474.01 et seq. (the "Act"), authorizes the issuance o]~ revenue
bonds to finance projects; and
%'HEREAS, the term "project" is defined by Section 474.02, subdivision la,
of the Act to include "any properties, rea] or personal, used or useful in connection
with a revenue producing enterprise"; and
WHEREAS, a representative of Terry Evenson, an individual (the
"Developer"), has presented this City CouneLl with information concerning a
proposed project (the "Project") to be acquired and constructed within the City of
Columbia Heights (the "City"); and
~,'HEREAS, the Developer has requested that the City resolve to issue
revenue bonds pursuant to the Act to finance the Project and has presented to the
City a form of preliminary ordinance concerning such issuance with a request that
such preliminary ordinance, attached hereto as Exhibit A, be considered for
adoption by the City CouneLl of the City; and
WHEREAS, Section 474.01, subdivision 7b, of the Act provides that the City
Council must conduct a public hea~ing on any proposal to undertake and finance a
project; and
WHEREAS, Section 474.01, subdivision 7b, of the Act provides that notice of
the time and place of such public hearing and stating the genera] nature of the
project and an estimate of the principal amount of bonds or other obligations to be
issued to finance the project must be published at least once not less than fifteen
(15) days nor more than thirty (30) days prior to the date fixed for the public
hearing in the official newspaper of the City and a newspaper of general
circulation in the City; and
%'HEREAS, Section 474.01, subdivision 7b, of the Act provides that the
notice must state that a draft copy of the proposed application (the "Application")
to the Commissioner of the State of ~innesota for approval of the Project,
together with all attachments and exhibits, is on fi]e with the City and available
for public inspection; and
WHEREAS, the Developer has presented to the City a form of public notice,
attached hereto as Exhibit B, with a request that the City Council establish a date
for a public hearing on the proposal to undertake and finance the Project and to
authorize publication of the form of public notice provided by the Developer;
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The City Council of the City will conduct a public hearing on the
proposal to undertake and finance the ProjeCt on the !2th day of .,April.. ,
1982 at 7:30 pm in the City Council Chambers
2. The City Manager is hereby authorized to cause a public notice,
substantially in the form of the notice attached hereto as Exhibit B, to be published
in the official newspaper of the City and a newspaper of general circulation in the
City.
3. The_ gity Manager is hereby authorized and directed to have available
~r puDlic inspection in the offices of the City a draft copy of the proposed
~pl~cation, together with a~ attachments and exhibits thereto.
Regular Council Meeting
March 22, 1982
page 21
Passed this 22nd day of March, 1982
Offered by: Hentges
Seconded by: Norberg
Roll call: All ayes
Jo-Anne Student, Council Secretary
Bruce G. Nawrocki, Mayor
j. Resolution 82-19 being a resolution establishing work action policy
This resolution sets forth a proposed City policy with regard to strikes and/or other
work action undertaken by unions. It also establishes the authority for the City Man-
ager to take action regarding termination of wages and/or fringe benefits during a
strike period.
Motion by Norberg, second by Hovland to waive the reading of the resolution there
being ample copies available to the public. Roll call: All ayes
The City Manager spoke to the specifics of the resolution. The Mayor questioned the
need for the resolution.
Motion to amend by Hentges, second by Norberg to delete the first "BE IT FURTHER RE-
SOLVED". This clause speaks to damages that may be incurred by nonstriking employees
connected with strike activities. Roll call on amendment: Hentges--aye Hovland,
Petkoff, Norberg, Nawrocki--nay Motion to amend fails.
RESOLUTION 82- 19
ESTABLISHING WORK ACTION POLICY
BE IT RESOLVED, that the City of Columbia Heights is commit-
ted to sound collective bargaining principles and practices which
will serve to resolve differences through negotiation to the
mutual satisfaction of the parties and avert, to the greatest ex-
tent possible, work actions such as strikes. However, recognizing
that a work action is the ultimate exercise of bargaining power
unions may employ as an economic sanction against the City in the
event bargaining demands cannot be satisfied and recognizing that
the City must take responsible precautions to ensure necessary
public services will be provided in the event such action is em-
ployed, City managers are hereby directed to make such preparations
as will ensure continuation of necessary public services. Such
preparations shall, among other things, provide that:
Priorities are established for all services provi-
ded by affected departments from critical - which
must not be interrupted - to the minimum level
service that can be performed.
Instruction is given supervisory personnel regar-
ding their responsibility and conduct during a
strike.
All employees are advised of their rights and obli-
gations during a strike and the City's policy regar-
ding striking employees.
Regular Council Meeting
March 22, 1982
page 22
BE IT FURTHER RESOLVED, that in the event of a strike action
against the City, M.S. 179.64 among other statutes, rules and
legal decisions, will apply uniformly and consistently to all
employees who engage or participate in such strike action:
Any City employee who is absent from any portion of
his/her work assignment without permission of the
appropriate department head on the date or dates when
a strike occurs will be presumed to have engaged in a
strike on such date or dates.
No wages shall be paid to any employee engaging in a
strike.
The City will mail a check for the amount of wages
due a striking employee for work performed prior to
the strike on the first regularly scheduled payday
after the commencement of a strike.
The City will not continue contribution to group in-
surance coverage and other benefits for striking em-
ployees. Notice will be provided such employees on
how they may continue to maintain group insurance
coverage.
No striking employee shall be entitled to vacation pay
while on strike.
No sick leave shall be granted to a striking employee
while on strike.
No striking employee shall be eligible for any type
of leave including attendance at conferences and con-
ventions while on strike.
There shall be no service credit for benefit accrual
purposes during a strike period to any employee parti-
cipating in such action.
9. No holiday pay will be granted to a striking employee.
10.
The City will implement the provisions of M.S. 179.64,
Subd. 2 which provides that an employee who strikes
illegally may be terminated effective the date the
violation first occurs. If the City should subsequen-
tly agree to reappoint or reemploy an illegal striker,
M.S. 179.64, Subd. 4 requires that such employee shall
be on probation for two years with respect to such em-
ployment.
11.
Ail leaves of absence for all employees will be auto-
matically cancelled unless re-authorized by the depart-
ment head. Any leaves of absence during a period when
a strike is taking place may be granted only with the
approval of the department head.
12.
Non-striking employees must be prepared to present
medical certification of illness to be eligible for
sick leave.
Regular Council Meeting
March 22, 1982
page 23
13.
14.
Ail non-exempt employees who, as a result of a strike
action, are required to work in excess of the normal
workweek shall be paid at a rate of one-and-one-half
times their normal rate for such excess time. Exempt
employees excluding Department Heads who, as a result
of a strike action are required to work in excess of
the normal workweek to perform service regularly per-
formed by striking employees, shall be paid at a rate
of one-and-one-half times their normal rate, or at the
option of the Department Head, will be given compensa-
tory time off at such rate. Any employee who is assig-
ned to perform work appropriate to a higher class shall
be paid for such work performed in the higher class at
the compensation rate of that class.
Any City employee who may legally strike also has a
right to continue working during a strike action. All
employees not in the striking bargaining unit are re-
quired to be at work or on authorized leave.
BE IT FURTHER RESOLVED, that nonstriking employees of the City
of Columbia Heights who might incur damage which is causally connec-
ted to strike activities shall be reimbursed by the City for such
damage to the extent permitted by law provided that said damage, at
the time of the alleged incident, is not otherwise covered by in-
surance, and provided further that the damaged employee has taken
reasonable precautions under the circumstances to prevent such
damage.
BE IT FURTHER RESOLVED, that the City Manager is authorized to
speak publicly on behalf of the City in regard to such labor dis-
putes and shall, except for elected officials, be the sole person
authorized to speak publicly on behalf of the City during any period
of strike action.
Passed this 22nd day of March, 1982.
Offered by: Hentges
Seconded by: Norberg
Roll call: All ayes
Jo-Anne Student, Council Secretary
Bruce G. Nawrocki, Mayor
Motion by Petkoff, second by Hovland to authorize the City Manager to execute and
initiate those items contained in Resolution 82-19 if a strike were to occur from
the time that the resolution is adopted until the thirty day waiting period has pas-
sed which is called for by the Charter on resolutions. Roll call: A11 ayes
6. Communications
a. Planning & Zoning Commission, Arrow Precision, 3815 Jefferson Street
This item is being brought before the Council to determine if the use of 38th Place
by Arrow Precision would be permitted for access and parking. A representative of
the company came to the Council with the proposal for a new loading facility. Dis-
cussion followed regarding the proposal and the impact it may have on the surround-
ing businesses. This proposal has been reviewed by the Traffic Commission and was
recommended for approval.
Motion by Hentges, second by Hovland to concur with the Traffic Commission recommen-
dation of the site plan for the opening of 38th Place up to Arrow Precision and to
Regular Council Meeting
March 22, 1982
page 24
direct the City Manager and the City Attorney to proceed with an agreement on the
type of work to be done and the maintenance. Roll call: All ayes
RECESS: 9:45
RECONVENE: lO:lO
b. Insurance Commission, Renewal of Insurance Policy Covering 1954 GMC 51 Passenger Bus
The insurance policy being recommended by the Insurance Commission is considerably
less expensive than the previous policy.
Motion by Hentges, second by Petkoff to purchase an insurance policy through Don
Leintz of State Farm Insurance Company in the amount of $276 per year for the 1954
GMC bus. Roll call: All ayes
7. Old and New Business
a. Old Business
1. Columbia Junior High Custodial Service Contract
Motion by Hovland, second by Norberg to authorize the Mayor and City Manager to exe-
cute an agreement with Master Building Maintenance Company for custodial services at
Columbia Junior High at a cost of $152 per month for twice-a-week cleaning; or $53
per month for once-a-week cleaning; based upon ]ow, informal quotation. Roll call:
All ayes
2. Banquet Tables and Chairs
Purchase of five banquet tables and two hundred folding chairs for John P. Murzyn
Hall had been recommended by the Park Board.
Motion by Petkoff, second by Hovland to purchase five banquet tables and 200 folding
chairs for J.P. Murzyn Ha]] from Institutional Sales,Inc. of St. Paul at a cost of
$],740 to be delivered to Murzyn Ha]], based upon ]ow, informal quotations. Roll call:
Hovland, Petkoff, Nawrocki--aye Norberg, Hentges--nay
Councilman Norberg felt this item should be tabled until budget considerations were
completed. Councilman Hentges felt these items still have some use left in them.
Motion by Hov]and, second by Petkoff to authorize the City Manager to sel] or salvage
surplus chairs from John P. Murzyn Hall at the City Auction. Roll call: Hov]and, Petkoff,
Nawrocki--aye Hentges, Norberg--nay
3. Rebuild Master Water Meter
Motion by Norberg, second by Hentges to authorize the City Manager to proceed with
the necessary repairs and calibration of our master water meter; and, furthermore,
that such work be undertaken by Sparling Meter Company, E1 Monte, California; based
upon an estimated cost of S2,695. The City Council recognizes this repair to be a
proprietary item. Roll call: All ayes
4. MTC Bus Shelter Location
Proposed locations for bus shelters in the City were reviewed. The Mayor advised the
Council of a new policy of the MTC that no more shelters were going to be bui]t. The
City Manager was requested to draft a ]etter to the MTC regarding this new policy.
Councilman Hentges feels 40th and University should have been considered as a site
for a shelter.
Regular Council Meeting
March 22, 1982
page 25
5. Other Old Business
Councilman Norberg addressed Ordinance No.993 which dealt with drinking in the City
parks. He requested that the City Attorney investigate the legalities of prohibiting
drinking on all of the streets, avenues and right of ways in the City.
b. New Business
1. Establish Salary for Building Inspector
Motion by Hentges, second by Hovland to establish the salary of $1,878 per month for
keRoy Goranson, Building Inspector, effective April 5, 1982. Roll call: All ayes
2. Award of Road Construction Materials
Motion by Norberg, second by Petkoff to approve the purchase of the following road
materials; based upon, low formal quotation and to authorize the Mayor and City
Manager to enter into a contract as indicated for same:
AGGREGATE (DELIVERED PRICES)
Bury & Carlson Bid A (MnDot BA-2) $3.94/ton
Bury & Carlson Bid B (MnDot Class 5) $3.94/ ton
Bury & Carlson Bid C (Select
AGGREGATE (DELIVERED PRICES)
Bury & Carlson
Bury & Carlson
Bury & Carlson
Midwest Asphalt
Barton Sand & Gravel
Barton Sand & Gravel
Northwestern Aggreg.
J.L. Shie]y
ASPHALT
Bid A (MnDOT BA-2)
Bid B (MnDOT Class 5)
Bid C (Select Gran. Borrow)
Bid D (MnDOT Class 2)
Bid E (MnDOT FA-2)
Bid G (Coarse Aggregate)
Bid F (Ice Control Sand)
Bid E (MnDOT FA-4)
$3.94/ton
$3.94/ton
$2.94/ton
$6.05/ton
$6.43/ton
$6.97/ton
$3.65/ton
$12.75/ton
Koch Asphalt Company SC-70, SC-250, SC-800, MC-30, MC-70, MC-250
MC-800, RC-70, RC-250, RC-800 Picked Up $0.90/gallon
Delivered $0.92/gallon
Picked Up
Delivered
$O.70/gallon
$0.72/ga1Ion
CRS-1 and CRS-2
L.N. Sickels Co. AC-3 (5 ton)
(20 ton quantities)
Picked Up
Delivered
$O.1600/lb.
$0.1475/lb.
PATCHING ASPHALT MIXES
AC Mix Picked Up
AC Mix Delivered
MC Mix Picked Up
MC Mix Delivered
Winter Mix Picked Up
Winter Mix Delivered
Midwest Asphalt
Midwest Asphalt
C.S. McCrossan, Inc.
Midwest Asphalt
Bituminous Roadways, Inc.
Midwest Asphalt
$19.90/ton
$21.50/ton
$18.40/ton
$24.15/ton
$24.00/ton
$27.10/ton
3. Establish Work Session
The Council established Tuesday, March 23rd as the date for a work session.
4. Improvements on 39th Avenue, Reservoir Boulevard to Tyler Street
The Public Works Director gave the details of this project using maps and graphs. Costs
for the project were discussed. No action was taken by the Council at this time.
5. Authorize the City Manager to Prepare Necessary Documents for a General Obligation
Bond Sale
Regular Council Meeting
March 22, 1982
page 26
Motion by Norberg, second by Hentges to authorize the City Manager to begin
preparation of necessary documents and to undertake appropriate measures for
a genera] obligation bond sale and to liquify the P.I.R. Fund. Roll call: All ayes
This action is being taken to provide additional financing to be put into the P.I.R
Fund for projects that are going to be undertaken.
6. Authorize George M. Hanson and Company to Review the City's 15% Administrative
Charge on Special Assessments
Motion by Norberg, second by Petkoff to authorize George M. Hansen and Company to
review the City's ]5% administrative charge on special assessments; however, that
the cost of such an engagement not exceed $200. Roll call: All ayes
7. MAMA Joint Bargaining Cities
A memo was received from the MAMA-49 Bargaining Committee inquiring if the City of
Columbia Heights wished to participate in joint negotiations.
Discussion followed regarding demands of the unions and other parties involved with
negotiations.
Motion by Norberg, second by Hentges to table this item until a list of demands
from MAMA can be seen by the Council members. Roll call: Norberg--aye Hoviand,
Petkoff, Hentges, Nawrocki--nay Motion fails.
Motion by Hovland, second by Petkoff to authorize the City Manager to enter into
an agreement with MAMA to serve as the representative of the City in public works
negotiations with Local 49 labor contract. Roll call: Hov]and, Petkoff, Nawrocki--
aye Hentges--nay Norberg--abstain
8. Reports
a. Report of the City Manager
This report was submitted in written form. The City Manager addressed a number of items
contained in the report.
b. Report of the City Attorney
The City Attorney spoke to one of the items contained in the City Manager's report;
Sullivan Lake Park and the dispute among contractors.
ll:30 Rule Dispensation
Motion by Hentges, second by Hov]and to dispense with the "ll:30" rule and continue
the meeting until the agenda is completed. Roll call: Hov]and, Petkoff, Hentges,
Nawrocki--aye Norberg--nay
Appointment to the Cable Communications Commission
There is a vacancy existing on the Cable Communications Commission due to the re-
signation of Jim Fowler. The Mayor noted that Bill DeCoursey had shown an on-going
interest in the affairs of this commission and had an application on file. The
City Manager suggested that the commission would support the appointment of Bill
DeCoursey.
Motion by Hentges, second by Petkoff to appoint William DeCoursey to fill the un-
expired term of Jim Fowler on the Cable Communications Commission.
Motion by Norberg to table this item. Motion dies for ]ack of a second.
Roll call: Petkoff, Hentges, Nawrocki--aye Norberg--nay Hov]and--abstain
9. Licenses
Motion by Hentges, second by Hov]and to grant the licenses as listed upon payment of
proper fees. Roll call: All ayes
Regular Council Meeting
March 22, 1982
page 27
10. Payment of Bills
Councilman Norberg had some questions regarding bill #43541 for A & B Sporting Goods.
Additional information is needed on this bill.
Motion by Hentges, second by Hovland to pay the bills as listed out of proper funds
and that payment of bill #43541 be made subject to verification by the City Manager.
Roll call: All ayes
Adjournment
Motion by Hentges, second by Hovland to adjourn the meeting
All ayes
l~Anne Studen[, Counc~'i'l-Secretary