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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