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HomeMy WebLinkAboutMay 14, 1984OFFICIAL PROCEEDINGS REGULAR COUNCIL MEETING CITY OF COLUMBIA HEIGHTS MAY 14, 1984 The meeting was called to order by Council President Petkoff at 7:30 P.M.. 1. Roll Call Hovland, Carlson, Peterson, Petkoff - present Nawrocki - absent It was noted that Mayor Nawrocki would be coming to the meeting later. 2. Invocation The Invocation was offered by Fred Salsbury, Public Works Director. 3. Minutes of Previous Meetings Motion by Hovland, second by Peterson to approve the minutes of the Regular Council Meeting of April 23rd, as presented in writing and that the reading be dispensed with. Roll call: All ayes 4. Oral Petitions A contractor who is doing some building in the City told the Council of a sewer line on his property that is only six feet below the surface and has to be moved. Discussion continued regarding the placement of this line and whose responsibility it is to move it. The City Engineer advised that this was an installation done for the property owner by a private contractor and that the City did not do it. The City Attorney will look into the matter and will report back to the Council at the next regular meeting. Mayor Nawrocki arrived at the meeting at 7:45 P.M.. A representative of the property owner at 3970 Jackson Street requested that the Council again address the problems being experienced behind the library in the south parking lot. Because of additional parking space striping in the library's lot he advised that cars parked on the apron of the property owner's garage could not leave. Councilman Hovland stated he had driven a full-sized car onto this apron with two cars parked in these spaces without any difficulty. The width of this access was discussed further as previously the Council had indicated a willingness to grant a twelve foot easement and the property owner had rejected this offer. Motion by Peterson, second by Petkoff to direct the City Attorney to draft an ordinance to grant an easement of twenty feet across the City-owned property behind the library on the south side of the parking lot to afford access to the Schuh property at 3970 Jackson Street. Motion to amend by Nawrocki to change the twenty feet to twelve feet. Roll call on amendment: Nawrocki, Hovland aye Petkoff, Carlson, Peterson - nay Motion to amend fails. Roll call on main motion: Petkoff, Carlson, Peterson - aye Nawrocki, Hovland - nay Councilman Carlson wanted to note that if the garage ever needed to be replaced that it would be rebuilt facing a different direction. 5. Ordinances and Resolutions a. Second Reading of Ordinance No. IO85 Sale of Real Estate at 4101 Third Street to HRA Motion by Petkoff, second by Hovland to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes ORDINANCE NO. 1085 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO THE SALE OF CERTAIN REAL ESTATE AT 4101 3rd ST. NoE. TO THE HOUSING AND REDEVELOPMENT AUTHORITY OF COLUMBIA HEIGHTS, MINNESOTA The City Council of the City of Columbia Heights does ordain: Regular Council Meeting May 14, 1954 page 2 Section 1: The City of Columbia Heights shall sell and convey unto the Housing and Redevelopment Authority of Columbia Heights, Minnesota the real property described as follows, to-wit: Lot Five (5), except that part of said lot lying Easterly of a line running parallel with and distant 144 feet Westerly of the following described line: Beginning at a point on the North line of Section Thirty-five (35), Town- ship Thirty (30) North, Range Twenty-four (24) West, distant 1,270.16 feet East of the Northwest corner thereof; thence run Southerly at an angle of 90© 18' 30" with said North Section line (when measured from West to South) for 734.8 feet; thence deflect to the right at an angle 2© 30' for 458.51 feet; thence deflect to the left at an angle of 20 30' for 16320.4 feet; thence deflect to the left on a 0© 45' curve, delta angle 4 17' 45" to the south line of said lot 5 and there terminating. All in Block One (t), Rearrangement of Block D, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. Section 2: The Mayor and City Manager are herewith authorized to execute a Quit Claim Deed to effectuate the conveyance of the said real estate. Section 3: The purchase price shall be $24,000.00. Section 4: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Readi'ng: 'Date of Passage: April 23, 1984 May 14, 1984 May 14, t984 Offered By: Petkoff Seconded By: Hovland Roll call: All ayes Jo-Anne Student, Council Secretary Bruce G. Nawrocki, Mayor b. First Reading of Ordinance No. 1086 Amending City Charter Motion by Petkoff, second by Hovland to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes ORDINANCE NO. 1086 BEING AN ORDINANCE AMENDING CHAPTER 2, SECTION 7; CHAPTER 2, SECTION 8; CHAPTER 2, SECTION 9; CHAPTER 2, SECTION 10; CHAPTER 2, SECTION 12; CHAPTER 2, SECTION 13; CHAPTER 3, SECTION 27; CHAPTER 4, SECTION 3B; CHAPTER 5, SECTION 47; CHAPTER 5, SECTION 48; CHAPTER 5, SECTION 51, CHAPTER 5, SECTION 52; CHAPTER 6, SECTION 55; CHAPTER 7, SECTION 70, CHAPTER 2, CHAPTER 3, CHAPTER 5, CHAPTER 5, CHAPTER 6, CHAPTER 7, SECTION 11; SECTION 22; SECTION 40; SECTION 49, SECTION 53; SECTION 73; CHAPTER 8, SECTION 80; CHAPTER 8, SECTION 82 OF THE CHARTER OF THE CITY OF COLUMBIA HEIGHTS. The City of Columbia Heights does ordain: ~egular Council Meeting May 14, 1984 page 3 Section 1 Chapter 2, Section 7 of the Charter of the City of Columbia Heights which reads as follows: ELECTIVE OFFICERS. The council shall be composed of a mayor and four councilmen who shall be qualified electors, and who shall be elected at large in the manner hereinafter provided. The four councilmen shall serve for a term of four years and until their successors are elected and qualified, except that at the first election held after the adoption of this charter, the two candidates having the highest number of votes shall serve for four years, and the two candidates having the next highest number of votes shall serve for two years. The mayor shall serve for a term of two years and until his successor is elected and qualified. The council shall be judge of the election of the mayor and councilmen. shall be amended to read as follows: ELECTIVE OFFICERS. The council shall be composed of a mayor and four council members who shall be qualified electors, and who shall be elected at large in the manner hereinafter provided. The four council members shall serve for a term of four years and until their successors are elected and qualified, except that at the first election held after the adoption of this charter, the two candidates having the highest number of votes shall serve for four years, and the two candidates having the next highest number of votes shall serve for two years. The mayor shall serve for a term of two years and until a successor is elected and qualified. The council shall be judge of the election of the mayor and council members. Section 2 Chapter 2, Section 8 of the Charter of the City of Columbia Heights which reads as follows: INCOMPATIBLE OFFICES. No member of the council shall hold any paid municipal office or employment under the City of Columbia Heights, and until one year after the expiration of his term as councilman no former member shall be appointed to any paid office or employment under the city which office or employment was .created or the emoluments of which were increased during his term as councilman. shall be amended to read as follows: INCOMPATIBLE OFFICES. No member of the council shall hold any paid municipal office or employment under the City of Columbia Heights, and until one year after the expiration of that member's term as council member no former member shall be appointed to any paid office or employment under the city which office or employment was created or the emoluments of which were increased during that member's term. Section 3 Chapter 2, Section 9 of the Charter of the City of Columbia Heights which reads as follows: VACANCIES IN TEE COUNCIL. A vacancy in the council shall be deemed to exist in case of the failure of any person elected thereto to qualify on or before the date of the second regular meeting of the new council, or by reason of the death, resignation, removal from office, removal from the city, continuous absence from the city for more than three months, or conviction of a felony of any such person whether before or after his qualification, or by reason of the failure of any councilman without good cause to perform any of the duties of membership in the council for a period of three months. Regular Council Meeting May 14, 1984 page 4 In each such case, the council shall by resolution declare such vacancy to exist and shall forthwith appoint an eligible person to fill the same until the next regular municipal election, when the office shall be filled for the unexpired term; provided that any vacancy resulting from a recall election or from a resignation following the filing of a recall petition shall be filled in the manner provided in such case. shall be amended to read as follows: VACANCIES IN THE COUNCIL. A vacancy in the council shall be deemed to exist in case of the failure of any person elected thereto to qualify on or before the date of the second regular meeting of the new council, or by reason of the death, resignation, removal from office, removal from the city, continuous absence :From the city for more than three months, or conviction of a felony of any such person whether before or after qualification, or by reason of the failure of any council member without good cause to perform any of the duties of membership in the council for a period of three months. In each such case, the council shall by resolution declare such vacancy to exist and shall forthwith appoint an eligible person to fill the same until the next regular municipal election, when the office shall be filled for the unexpired term; provided that any vacancy resulting from a recall election or from a resignation following the filing of a recall petition shall be filled in the manner provided in such case. Section 4 Chapter 2, Section 10 of the Charter of the City of Columbia Heights which reads as follows: THE MAYOR. The mayor shall be the presiding officer of the council, except that a president pro tempore shall be chosen who shall serve as president in the mayor's absence. The mayor shall exercise all powers and perform all duties conferred and imposed upon him by this charter, the ordinances of the city, and the laws of the state. He shall have the appointment, control and direction of all police officers of the city. He shall be recognized as the official head of the city of all ceremonial purposes, by the courts for the purpose of serving civil processes, and by the governor for the ouroose of the military law. In the event of a vacancy in the office of the mayor, whether by death, resignation, or any other cause, the council shall order a special election to fill the vacancy for the unexpired term except that in the case of a recall, the vacancy shall be filled in the manner provided by this charter. shall be amended to read as follows: TEE MAYOR. The mayor shall be the presiding officer of the council, except that a president pro tempore shall be chosen who shall serve as president in the mayor's absence. The mayor shall exercise all powers and perform all duties conferred and imposed upon the mayor by this charter, the ordinances of the city, and the laws of the state. The mayor shall have the appointment, control and direction of all police officers of the city, and shall be recognized as the official head of the city of all ceremonial purposes, by the courts for the purpose of serving civil processes, and by the governor for the purpose of the military law. In the event of a vacancy in the office of the mayor, whether by death, resignation, or any other cause, the council shall order a special election to fill the vacancy for the unexpired term except that in the case of a recall, the vacancy shall be filled in the manner provided by this charter. Regular Council Meeting May 14, 1984 page 5 Section 5 Chapter 2, Section 11 of the Charter of the City of Columbia Heights which reads as follows: TNE CITY NANAGER. The city manager shall be the chief administrative officer of the city. He shall be chosen by the council solely on the basis of his executive and administrative qualifications and the choice shall not be limited to inhabitants of the city or state. The city manager shall be appointed for an indefinite period and he shall be removable by the council at any time. If removed at any time after one year of service, he may demand written charges. Such demand shall be in writing and shall be served upon the mayor or any member of the council within one week after the date of the resolution of the city council suspending or removing him and written charges shall be served upon the city manager within fifteen days after the service of such demand upon the mayor or any member of the council and public hearing shall be had on said charges before the city coucil within thirty days after the service of such charges, but the city council and the city manager may consent to a hearing on said charges at a later date, but the removal of the city manager shall not take effect until such hearing shall have been held, but pending such hearing the city council may suspend the city manager from office. During the absence or disability of the city manager, the duties of his office shall be performed by some properly qualified person designated by the council. shall be amended to read as follows: THE CITY NANAGER. The city manager shall be the chief administrative officer of the city. The city manager shall be chosen by the council solely on the basis of executive and administrative qualifications and the choice shall not be limited to inhabitants of the city or state. The city manager shall be appointed for an indefinite period and shall be removable by the council at any time. If removed at any time after one year of service, such person may demand written charges. Such demand shall be in writing and shall be served upon the mayor or any member of the council within one week after the date of the resolution of suspension or removal and written charges shall be served upon the city manager within fifteen days after the service of such demand upon the mayor or any member of the council and public hearing shall be had on said charges before the city coucil within thirty days after the service of such charges, but the city council and the city manager may consent to a hearing on said charges at a later date, but the removal of the city manager shall not take effect until such hearing shall have been held, but pending such hearing the city council may suspend the city manager from office. During the absence or disability of the city manager, the duties of that office shall be performed by some properly qualified person designated by the council. Section 6 Chapter 2, Section 12 of the Charter of the City of Columbia Heights which reads as follows: OATH OF OFFICE. Every officer of the city shall, before entering upon the duties of his office, take and subscribe an oath of office in substantially the following form: I do solemnly swear (or affirm) to support the constitution of the United States and of this state, and to discharge faithfully the duties devolving upon me as of this city to the best of my judgment and ability. shall be amended to read as follows: OATH OF OFFICE. Every officer of the city shall, before entering upon the duties of office, take and subscribe an oath of office in substantially the following form: I do solemnly swear (or affirm) to support the constitution of the United States and of this state, and to discharge faithfully the duties devolving upon me as of this city to the best of my judgment and ability. Regular Council Meeting May 14, 1984 page 6 Section 7 Chapter 2, Section 13 of the Charter of the City of Columbia Heights which reads as follows: SALARIES: The Mayor shall receive a salary of Twenty-Five Dollars ($25.00) per month, and the Councilmen shall each receive a salary of Fifteen Dollars ($15.00) per month and in addition thereto when the Council meets as a Board of Equalization, the members shall receive not to exceed One Dollar ($1.00) per hour. The City Manager and all subordinate officers and employees of the City shall receive such salaries or wages as may be fixed by Resolution of the council. shall be amended to read as follows: SALARIES: The Mayor shall receive a salary of Twenty-Five Dollars ($25.00) per month, and the Council members shall each receive a salary of Fifteen Dollars ($15.00) per month and in addition thereto when the Council meets as a Board of Equalization, the members shall receive not to exceed One Dollar ($1.00) per hour. The City Manager and all subordinate officers and employees of the City shall receive such salaries or wages as may be fixed by Resolution of the council. Section 8 Chapter 3, Section 22 of the Charter of the City of Columbia Heights which reads as follows: SIGNING AND PUBLICATION OF ORDINANCES AND RESOLUTIONS. Every ordinance or resolution passed by the council shall be signed by the mayor or by two other' members, and shall be filed with the secretary of the council within two days and by him recorded and preserved. Every ordinance and resolution shall be published at least once in the official paper of the city within fifteen days after its passage by the council, or in lieu thereof may be posted on bulletin boards as in this charter provided, and shall be recorded in a book kept for that purpose, which record shall be attested by the secretary of the council; provided that the publication of resolutions not involving the expenditure of money may be dispensed with if so ordered by the council. shall be amended to read as follows: SIGNING AND PUBLICATION OF ORDINANCES AND RESOLUTIONS. Every ordinance or resolution passed by the council shall be signed by the mayor or by two other members, and shall be filed with the secretary of the council within two days and by the secretary recorded and preserved. Every ordinance and resolution shall be published at least once in the official paper of the city within fifteen days after its passage by the council, or in lieu thereof may be posted on bulletin boards as in this charter provided, and shall be recorded in a book kept for that purpose, which record shall be attested by the secretary of the council; provided that the publication of resolutions not involving the expenditure of money may be dispensed with if so ordered by the council. Section 9 Chapter 3, Section 27 of the Charter of the City of Columbia Heights which reads as follows: INTERFERENCES WITH ADMINISTRATION. Neither the council nor any of its committees or members shall dictate the appointment of any person to office or employment by the city manager, or in any manner interfere with the city manager or prevent him from exercising his own judgment in the appointment of officers and employees in the administrative service, but this shall not be construed to prohibit the council from passing ordinances for establishing the merit system. Except for the purpose of inquiry the council and its members shall deal with the administrative service solely through the city manager, and neither the council nor any member thereof shall give orders to any of the subordinates of the city manager, either publicly or privately. ~egular Council Meeting May 14, 1984 page 7 shall be amended to read as follows: INTERFERENCES ¥ITH ADMINISTRATION. Neither the council nor any of its committees or members shall dictate the appointment of any person to office or employment by the city manager, or in any manner interfere with the city manager or prevent the city manager from exercising judgment in the appointment of officers and employees in the administrative service, but this shall not be construed to prohibit the council from passing ordinances for establishing the merit system. Except for the purpose of inquiry the council and its members shall deal with the administrative service solely through the city manager, and neither the council nor any member thereof shall give orders to any of the subordinates of the city manager, either publicly or privately. Section 10 Chapter 4, Section ZBA of the Charter of the City of Columbia Heights which reads as follows: THE PRIMARY ELECTIOn. A primary municipal election shall be held twenty-one days before the regular municipal election in the year 1933 and biennually thereafter at the same place or places as general elections are held and like officials shall preside at such elections. The purpose of such primary election shall be to select candidates to be voted for at the general municipal election and the candidates for nomination to each office who shall receive the greatest number of votes in such primary election shall be placed upon the ballot of the next general election in numbers not to exceed double the number of vacancies to be filled, and no other name shall be placed upon the ballot for such general election than the candidates selected at said primary election. Any person desiring to become a candidate for an elective office in the general municipal election shall file with the City clerk at least twenty-one days prior to said primary election a statement of such candidacy as follows: I, (), being first duly sworn, say that I reside at ( ) Street in the City of Columbia Heights, County of Anoka, State of Minnesota; That I am a qualified voter therein; That I am a candidate for nomination to the office of ( ) to be voted upon at the primary election on ( ) the ( ) day of ( ) 19__; and I hereby request that my name be printed upon the official primary election for said office. Signed Subscribed and sworn to before me this ( ) day of (), 19__. Signed Official Title and shall pay to the City Clerk the sum of Five Dollars for which the City Clerk shall give him a receipt expressing the purpose of the payment. Such City Clerk shall forthwith pay all fees so received by him to the City Treasurer. Upon compliance with the provisions of this section the City Clerk shall place such name upon the primary election ballot as a candidate for the office named. At least fifteen days notice shall be given by the City Clerk of the time and place of holding such primary election and of the officers to be nominated, by posting a notice thereof in at least three of the most public places in each election district in the city or by publication of a notice thereof at least one in the official newspaper, or both, as the City Council may ordain, but failure to give such notice shall not invalidate such election. shall be amended to read as follows: Regular Cour~cil Meeting May 14, 1984 page 8 TNE PRIMARY ELECTION. A primary municipal election shall be held twenty-one days before the regular municipal election in the year 1933 and biennnally thereafter at the same place or places as general elections are held and like officials shall preside at such elections. The purpose of such primary election shall be to select candidates to be voted for at the general municipal election and the candidates for nomination to each office who shall receive the greatest number of votes in such primary election shall be placed upon the ballot of the next general election in numbers not to exceed double the number of vacancies to be filled., and no other name shall be placed upon the ballot for such general election than the candidates selected at said primary election. Any person desiring to become a candidate for an elective office in the general municipal election shall file with the City clerk at least twenty-one days prior to said primary election a statement of such candidacy as follows: I, ( ), being first duly sworn, say that I reside at ( ) Street in the City of Columbia Heights, County of Anoka, State of Minnesota; That I am a qualified voter therein; That I am a candidate for nomination to the office of ( ) to be voted upon at the primary election on ( ) the ( ) day of ( ) 19__; and I hereby request that my name be printed upon the official primary election for said office. Signed Subscribed and sworn to before me this ( ) day of (), 19I. Signed Official Title and shall pay to the City Clerk the sum of Five Dollars for which the City Clerk shall give a receipt expressing the purpose of the payment. Such City Clerk shall forthwith pay all fees so received to the City Treasurer. Upon compliance with the provisions of this section the City Clerk shall place such name upon the primary election ballot as a candidate for the office named. At least fifteen days notice shall be given by the City Clerk of the time and place of holding such primary election and of the officers to be nominated, by postin~ a notice thereof in at least three of the most public places in each election district in the city or by publication of a notice thereof at least one in the official newspaper, or both, as the City Council may ordain, but failure to give such notice shall not invalidate such election. Section 11 Chapter 5, Section 40 of the Charter of the City of Columbia Heights which reads as follows: FILING OF PETITIONS AND ACTION THEREON. All the signature papers shall be held in the office of the city clerk as one instrument. Within five days after the filing of the petition the city shall ascertain by examination the number of elector~ whose signatures are appended thereto, and whether this number is at least twenty per cent of the total number of electors who cast their votes at the last preceding regular municipal election. If he finds the petition insufficient or irregular, he shall at once notify one or more of the committee of sponsors of that fact, certifying the reason for his finding. The committee shall then be given thirty days in which to file addition~,l signature papers and to correct the petition in all other particulars. If at the end of that period the petition is found to be still insufficient or irregular, the clerk shall file the same in his office and shall notify each member of the committee of the fact. The final finding of the insufficiency or irregularity of a petition shall not prejudice the filing of a new petition for the same purpose, nor shall it prevent the council from referring the measure to the electors at the next regular or any special election, at its option. R~gular Council Meeting May 14, 1984 page 9 shall be amended to read as follows: FILING OF PETITIONS AND ACTION T~EON. All the signature papers shall be held in the office of the city clerk as one instrument. Within five days after the filing of the petition the city shall ascertain by examination the number of electors whose signatures are appended thereto, and whether this number is at least twenty per cent of the total number of electors who cast their votes at the last preceding regular municipal ~election. If the city clerk finds the petition insufficient or irregular, the city clerk shall at once notify one or more of the committee of sponsors of that fact, certifying the reason for such finding. The committee shall then be given thirty days in which to file additional signature papers and to correct the petition in all other particulars. If at the end of that period the petition is found to be still insufficient or irregular, the clerk shall file the same and shall notify each member of the committee of the fact. The final finding of the insufficiency or irregularity of a petition shall not 'prejudice the filing of a new petition for the same purpose, nor shall it prevent the council from referring the measure to the electors at the next regular or any special election, at its option. Section 12 Chapter 5, Section 47 of the Charter of the City of Columbia Heights which reads as follows: THE RECALL. Any five electors may form themselves into a committee for the purpose of bringing about the recall of any elected officer of the city. The committee shall certify to the city clerk the name of the officer whose removal is sought, a statement of the grounds for removal in not more than two hundred and fifty words and their intention to bring about his recall. A copy of this certificate shall be attached to each signature paper and no signature paper shall be put into circulation previous to such certification. shall be amended to read as follows: T~E RECALL. Any five electors may form themselves into a committee for the purpose of bringing about the recall of any elected officer of the city. The committee shall certify to the city clerk the name of the officer whose removal is sought, a statement of the grounds for removal in not more than two hundred and fifty words and their intention to bring about the recall. A copy of this certificate shall be attached to each signature paper and no signature paper shall be put into circulation previous to such certification. Section 13 Chapter 5, Section 48 of the Charter of the City of Columbia Heights which reads as follows: RECALL PETITIONS. The petition for the recall of any official shall consist of a certificate identical with that filed with the city clerk together with all the signature papers and affidavits thereto attached. All the signatures need not be on one signature paper, but the circulator of every such paper shall make an affidavit that each signature appended to the paper is the genuine signature of the person whose name it purports to be. Each signature paper shall be substantiallly the following form: Regular Council Meeting May 14, 1984 page 10 RECALL PETITION proposing the recall of from his office as which recall is sought for the reasons set forth in the attached certificate. This movement is sponsored by the following committee of electors: NAME ADDRESS The ~mdersigned electors, understanding the nature of the charges against the officer herein sought to be recalled, desiring the holding of a recall election for that purpose: NAME ADDRESS Re At the end of the list of signatures shall be appended the affidavit of the circulator, mentioned above. shall be amended to read as follows: RECALL PETITIONS. The petition for the recall of any official shall consist of a certificate identical with that filed with the city clerk together with all the signsLture papers and affidavits thereto attached. All the signatures need not be on. one signature paper, but the circulator of every such paper shall make an affidavit that each signature appended to the paper is the genuine signature of the person whose name it purports to be. Each signature paper shall be substantiallly the following form: RECALL PETITION proposing the recall of from the office of which recall is sought for the reasons set forth in the attached certificate. This movement is sponsored by the following committee of electors: NAME ADDRESS e Regular Council Meeting May 14, 1984 page 11 The undersigned electors, understanding the nature of the charges against the officer herein sought to be recalled, desiring the holding of a recall election for that purpose: NAME ADDRESS At the end of the list of signatures shall be appended the affidavit of the circulator, mentioned above. Section 14 Chapter 5, Section 49 of the Charter of the City of Columbia Heights which reads as follows: FILING OF PETITON. Within thirty days after the filing of the original certificate, the committee shall file the completed petition in the office of the city clerk. The city clerk shall examine the same within the next five days, and if he finds it irregular in any way, or finds that the number of signers is less than twenty-five percent of the total number of electors who cast their votes at the last preceding regular municipal election, he shall so notify one or more members of the committee. The committee shall then be given ten days in which to file additional signature papers and to correct the petition in all other respects, but they may not change the statement of the grounds upon which the recall is sought. If at the end of that time the city clerk finds the petition still insufficient or irregular he shall notify all of the members of the committee to that effect and shall file the petition in his office. No further action shall be taken thereon. shall be amended to read as follows: FILING OF PETITON. Within thirty days after the filing of the original certificate, the committee shall file the completed petition in the office of the city clerk. The city clerk shall examine the same within the next five days, and if the city clerk finds it irregular in any way, or finds that the number of signers is less than twenty-five percent of the total number of electors who cast their votes at the last preceding regular municipal election, the city clerk shall so notify one or more members of the committee. The committee shall then be given ten days in which to file additional signature papers and to correct the petition in all other respects, but they may not change the statement of the grounds upon which the recall is sought. If at the end of that time the city clerk finds the petition still insufficient or irregular the city clerk shall notify all of the members of the committee to that effect and shall file the petition. No further action shall be taken thereon. Section 15 Chapter 5, Section 51 of the Charter of the City of Columbia Heights which reads as follows: PROCEDURE AT RECALL ELECTION. In the published call for the election, whether posted on bulletin boards or printed in the official paper, there shall be given the statement of the grounds for the recall and also, in not more than five hundred words, the answer of the officer concerned in justification of his course in office. Regular Council Meeting May 14, 1984 page 12 Candidates to succeed the officer to be recalled shall be uominated in the usual way, and the election shall be conducted as far as possible, in accordance with the usual procedure in municipal elections. shall be amended to read as follows: PROCEDURE AT RECALL ELECTION. In the published call for the election, whether posted on bulletin boards or printed in the official paper, there shall be given the statement of the grounds for the recall and also, in not more than five hundred words, the answer of the officer concerned. Candidates to succeed the officer to be recalled shall be nominated in the usual way, and the election shall be conducted as far as possible, in accordance with the usual procedure in municipal elections. Section 16 Chapter 5, Section 52 of the Charter of the City of Columbia Heights which reads as follows: FORM OF RECALL BALLOT. Unless the officer whose removal is sought shall have resigned within ten days after the receipt by the council of the completed recall petition, the form of the ballot as such election shall be as near as may be: 'Shall A be recalled?' the name of the officer whose recall is sought being inserted in place of A, and the electors shall be permitted to vot separately 'Yes' or 'No' upon this question. The ballot shall also contain the names of the candidates to be voted upon to fill the vacancy, in case the recall is successful, under the caption: 'Candidates to fill the place of A, if recalled.' But the officer whose recall is sought shall not himself be a candidate upon such ballot. In case a majority of those voting for and against the recall of any official shall vote in favor of recalling such official, he shall be thereby removed from office, and in that event the candidate who receives the highest number of votes for his place shall be elected thereto for the balance of the unexpired term. If the officer sought to be recalled shall have resigned within ten days after the receipt by the council of the completed recall petition, the form of ballot at the election shall be the same as nearly as may be, as the form in use at a regular municipal election. shall be amended to read as follows: FORM OF RECALL BALLOT. Unless the officer whose removal is sought shall have resigned within ten days after the receipt by the council ef the completed recall petition, the form of the ballot as such election shall be as near as may be: 'Shall A be recalled?' the name of the officer whose recall is sought being inserted in place of A, and ~he electors s~ll be permitted to vote separately 'Yes' or 'No' upon this question. The ballot shall also contain the names of the candidates to be voted upon to fill the vacancy, in case the recall is successful, under the caption: 'Candidates to fill the place of A, if recalled.' But the officer whose recall is sought shall not be a candidate upon such ballot. In case a majority of those voting for and against the recall of any official shall vote in favor of recall, such official shall be thereby removed from office, and in that event the candidate who receives the highest number of votes for that office shall be elected thereto for the balance of the unexpired term. If the officer sought to be recalled shall have resigned within ten days after the receipt by the council of the completed recall petition, the form of ballot at the election shall be the same as nearly as may be, as the form in use at a regular municipal election. ~egular Council Meeting May 14, 1984 page 13 Section 17 Chapter 6, Section 53 of the Charter of the City of Columbia Heights which reads as follows: POWERS AND DUTIES OF THE CITY MANAGER. Subject to the provisions of this charter and any regulations consistent therewith which may be adopted by council, the city manager shall control and direct the administration of the city's affairs, except that the police department and the enforcement of the laws pertaining to said department shall be under the sole control of the mayor. His powers and duties as city manager shall be: (a) To see that this charter and the laws, ordinances and resolutions of the city are enforced; (b) To appoint and, except as herein provided, remove the city clerk, all heads of departments, and all subordinate officers and employees in the department, all appointments to be upon merit and fitness alone; (c) To exercise control over all departments and divisions of the city administration created by this charter or which may be hereafter created by the council except as herein provided; (d) To attend all meetings of the council, with the right to take part in the discussions but having no vote; but the council may at its discretion exclude him from meetings at which his removal is considered; (e) To recommend to the council for adoption such measures as he may deem necessary for the welfare of the people and the efficient administration of the city's affairs; (f) To keep the council fully advised as to the financial condition and needs of the city, and to prepare and to submit to the council the annual budge t; (g) To prepare and to submit to the council for adoption an administrative code incorporating the details of administrative procedure, and from time to time to suggest amendments to the same; and (h) To perform such other duties as may be prescribed by this charter or required of him by ordinances or resolutions adopted by the council. shall be amended to read as follows: POWERS AND DUTIES OF THE CITY MANAGER. Subject to the provisions of this charter and any regulations consistent therewith which may be adopted by council, the city manager shall control and direct the administration of the city's affairs, except that the police department and the enforcement of the laws pertaining to said department shall be under the sole control of the mayor. The city manager's powers and duties shall be: (a) To see that this charter and the laws, ordinances and resolutions of the city are enforced; (b) To appoint and, except as herein provided, remove the city clerk, all heads of departments, and all subordinate officers and employees in the department, all appointments to be upon merit and fitness alone; (c) To exercise control over all departments and divisions of the city administration created by this charter or which may be hereafter created by the council except as herein provided; (d) To attend all meetings of the council, with the right to take part in the discussions but having no vote; but the council may at its discretion exclude the city manager from meetings at which the city manager's removal is considered; (e) To recommend to the council for adoption such measures as the city manager may deem necessary for the welfare of the people and the efficient administration of the city's affairs; (f) To keep the council fully advised as to the financial condition and needs of the city, and to prepare and to submit to the council the annual budget; Regular Cour~cil Meeting May 14, 1984 page 14 (g) To prepare and to submit to the council for adoption an administrative code incorporating the details of administrative procedure, and from time to time to suggest amendments to the same; and (h) To perform such other duties as may be prescribed by this charter or required of the city manager by ordinances or resolutions adopted by the council. Section 18 Chapter 6, Section 55 of the Charter of the City of Columbia Heights which reads as follows: SUBORDINATE OFFICERS. There shall be a city clerk and such other officers subordinate to the city manager as the council may create by ordinances passed by a four-fifths vote. The city clerk shall be subject to the direction of the city manager, and shall have such duties in connection with the keeping of the public records, the custody and disbursement of the public funds, and the general administration of the city's affairs as shall be ordained by the council. The city clerk may be designated to act as secretary of the council, and he shall act as city treasurer until the council by ordinance otherwise provide. The Council may by ordinance abolish which have been created by ordinance, and it may combine the duties of various offices as it may see fit. shall be amended to read as follows: SUBOR~DINATE OFFICERS. There shall be a city clerk and such other officers subordinate to the city manager as the council may create by ordinances passed by a four-fifths vote. The city clerk shall be subject to the direction of the city manager, and shall have such duties in connection with the keeping of the public records, the custody and disbursement of the public funds, and the general administration of the city's affairs as shall be ordained by the council. The city clerk may be designated to act as secretary of the council and shall act as city treasurer until the council by ordinance otherwise provide. The Council may by ordinance abolish which have been created by ordinance, and it may combine the duties of various offices as it may see fit. Section 19 Chapter 7, Section 70 of the Charter of the City of Columbia Heights which reads as follows: RECEIPTS TO GO TO CITY TREASURER. Ali. receipts of money belonging to the city, or any branch thereof, excepting only those funds collected by the county treasurer, shall be paid into the city treasurer by the person authorized to receive the same at the close of each business day. All such moneys, and also all motleys received upon tax settlements from the county treasurer, shall be deposited as soon as received in the bank or banks approved by the city council. Any person in the employ of the city guilty of a violation of this provision shall be liable to be reduced in rank and salary or to be dismissed from his office or position, as the council may determine after a hearing. shall be amended to read as follows: RECEIPTS TO GO TO CITY TREASURER. All receipts of money belonging to the city, or any branch thereof, excepting only those funds collected by the county treasurer, shall be paid into the city treasurer by the person authorized to receive the same at the close of each business day. All such moneys, and also all moneys received upon tax settlements from the county treasurer, shall be deposited as soon as received in the bank or banks approved by the city council. Any person in the employ of the city guilty of a violation of this provision shall be liable to be reduced in rank and salary or to be dismissed from office or position, as the council may determine after a hearing. Regular Council Meeting May 14, 1984 page 15 Section 20 Chapter 7, Section 73 of the Charter of the City of Columbia Heights which reads as follows: FORM AND REPAYMENT OF BONDS. Bonds issued by the city may take the form either of term bonds or of serial bonds. In case of the issuance of any term bonds, it shall be the duty of the city manager to include in his estimates each year a sufficient sum, with a safe margin to spare, to set aside in a sinking fund for the repayment of the bonds at the end of the term, and another sum to pay the interest on the bonds for that year. In case of the issuance of serial bonds, it shall be his duty to include in his estimates each year a sum amply sufficient to pay the principal and interest on any bonds falling due that year, and another sum sufficient to pay the interest for that year on the bonds still outstanding. shall be amended to read as follows: FORM AND REPAYMENT OF BONDS. Bonds issued by the city may take the form either of term bonds or of serial bonds. In case of the issuance of any term bonds, it shall be the duty of the city manager to include in the budget estimates each year a sufficient sum, with a safe margin to spare, to set aside in a sinking fund for the repayment of the bonds at the end of the term, and another sum to pay the interest on the bonds for that year. In case of the issuance of serial bonds, it shall be the city manager's duty to include in the budget estimates each year a sum amply sufficient to pay the principal and interest on any bonds falling due that year, and another sum sufficient to pay the interest for that year on the bonds still outstanding. Section 21 Chapter 8, Section 80 of the Charter of the City of Columbia Heights which reads as follows: TRIAL OF ASSESSMENT APPEAL. Such appeal shall be tried by the district court without a jury, at a general or a special term, without pleadings other than as above stated. Upon such trial the appellant can make no other objections to the assessment than those stated in his notice of appeal, but the court may, in its discretion, permit such notice to be amended in this respect at any time. The court shall hear such competent evidence as may be offered by either party, and may revise, correct, amend, reduce or confirm the assessmnt appeal from, or may order a new assessment to be made as to the property concerning which such appeal is taken, and in that event shall direct the council how to make such new assessment so as to avoid errors complained of. The assessment roll shall, when confirmed by the Council, in all cases, whether on an appeal, or otherwise, and in all courts, be prima facie evidence of the validity of all proceedings up to, and including the confirmation of the assessment. Disbursements, but no statutory costs, may, in the discretion of the district court, be allowed upon an appeal from assessments as in other civil cases, but the judgment entered therefore against the city shall be a separate judgment and paid out of the general fund of the city. From the determination of such appeal by the district court, either party may appeal to the supreme court of the state. shall be amended to read as follows: TRIAL OF ASSESSMENT APPEAL. Such appeal shall be tried by the district court without a jury, at a general or a special term, without pleadings other than as above stated. Upon such trial the appellant can make no other objections to the assessment than those stated in the notice of appeal, but the court may, in its discretion, permit such notice to be amended in this respect at any time. Regular Council Meetin§ May 14, 1984 page 16 The court shall hear such competent evidence as may be offered by either p~Lrty, and may revise, correct, amend, reduce or confirm the assessment appeal from, or may order a new assessment to be made as to the property concerning which such appeal is taken, and in that event shall direct the council how to make such new assessment so as to avoid errors complained of. The assessment roll shall, when confirmed by the Council, in all cases, whether on an appeal~ or otherwise, and in all courts, be prima facie evidence of the validity of all proceedings up to, and including the confirmation of the assessment. Disbursements, but no statutory costs, m~y, in the discretion of the district court, be allowed upou Au appeal from assessments as in other civil cases, but the judgment entered therefore against the city shal~ be a separate judgment and paid out of the general fund of the city. From the determination of such appeal by the district court, either party may appeal to the supreme court of the state. Section 22 Chapter 8, Section 82 of the Charter of the City of Columbia Heights which reads as follows: PLAN OF ASSESSMENTS. Whenever the council shall determine to make any local improvements, the cost of which may lawfully be assessed against benefited property, it shall determine and designate in a general way the character and extent of such improvement and the materials to be used, and thereupon it shall order a careful estimate to be made by the city manager of the cost of such improvements, together with a list of the several lots and parcels of land fronting upon and adjacent to such proposed improvement which he deems benefited thereby, and the names of the owners of the several parcels, as nearly as can be ascertained. After receiving such estimates the council shall determine what property will be benefited by such local improvement, and shall thereupon publish in the manner provided by this charter a list of all such property, with the na~es of the owners so far as the same can be ascertained, or in lieu of such list, a designation of the benefited district by giving the boundaries thereof, together with a notice of the time and place when and where all persons interested may appear and be heard by the council with respect to benefits and to the proportion of the cost of the improvement to be assessed against their property. If the council determines to proceed with such improvement, it shall estimate and fix the cost thereof and shall assess and levy such proportion or amount of such cost upon benefited property in proportion as it may deem the same benefited; and for such purpose shall adopt an assessment roll in such form as it may determine, and fix the time when payments may be made. The lien of ~uch assessmeut sha~l attach to all property assessed as of date of adoption of the assessment roll by the council. shall be amended to read as follows: PLAN OF ASSESSMENTS. Whenever the council shall determine to make any local improvements, the cost of which may lawfully be assessed aEai~u~t benefited property, it shall determine and designate in a general way the character and extent of such improvement and the materials to be used, and thereupon it shall order a careful estimate to be made by the city manager of the cost of such improvements, together with a list of the several lots and parcels of land fronting upon and adjacent to such proposed improvement which the city manager deems benefited thereby, and the names of the owners of the several parcels, as nearly as can be ascertained. Regular Council Meeting May 14, 1984 page 17 After receiving such estimates the council shall determine what property will be bene- fited by such local improvement, and shall thereupon publish in the manner provided by this charter a list of all such property, with the names of the owners so far as the same can be ascertained, or in lieu of such list, a designation of the benefited dist- rict by giving the boundaries thereof, together with a notice of the time and place when and where all persons interested may appear and be heard by the council with re- spect to benefits and to the proportion of the cost of the improvement to be assessed against their property. If the council determines to proceed with such improvement, it shall estimate and fix the cost thereof and shall assess and levy such proportion or amount of such cost upon benefited property in proportion as it may deem the same benefited; and for such purpose shall adopt an assessment roll in such form as it may determine, and fix the time when payment may be made. The lien of such assessment shall attach to all property assessed as of date of adoption of the assessment roll by the council. Section 23: This ordinance shall be in full force and effect from and after ninety (90) days after its passage. First reading: May 14, 1984 The second reading of Ordinance No. 1086 is scheduled for June ll, 1984. A letter was received from the members of the Charter Commission requesting that the City Charter be reprinted in its revised version. The City Manager noted that monies for this purpose had not as yet been budgeted. Motion by Peterson, second by Carlson to authorize the City Manager to seek bids or proposals for the publication of the revised City Charter. Roll call: All ayes c. Resolution 84-29 Labor Agreement - Firefighters Local No. 1216 Motion by Carlson, second by Petkoff to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 84-29 BEING A RESOLUTION REGARDING LABOR AGREEMENT BETWEEN THE CITY OF COLUMBIA HEIGHTS AND THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL NO. 1216 BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights that: WHEREAS, negotiations have proceeded between the International Association of Fire Fighters, Local No. 1216, representing Fire Fighters and Captains of the City's Fire Department, and members of the City negotiationg teams, and said negotiations have re- sulted in a mutually acceptable contract for calendar year 1984; and, WHEREAS, a copy of said contract is available for inspection at the office of the City Manager and is made a part hereof by reference, NOW, THEREFORE, BE IT RESOLVED that the contract agreement as negotiated be and is hereby established as the salary and fringe benefit program for calendar year 1984 for Fire Fighters and Captains of the Columbia Heights' Fire Department. BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this agreement. Passed this 14th day of May, 1984. Regular Council Meeting May 1~ 1984 page ~ Offered by: Carlson Seconded by: Petkoff Roll call: All ayes Jo-Anne Student, Counc i 1 Secretary Bruce G. Nawrocki, Mayor d. Resolution Supporting Independent Management Study of Metropolitan Waste Control Commission Motion by Petkoff, second by Hovland to defer consideration of this resolution until the next regular Council meeting pending additional information. Roll call: All ayes The Council expressed an interest in knowing what other cities were doing in this matter. e. Resolution No. 84-30 Intoxilyzer Breath Test Instruments Acceptance Motion by Petkoff, second by Hovland to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes RESOLUTION NO. 84-30 BEING A RESOLUTION AUTHORIZING RECEIPT OF INTOXILYZER BREATH TEST INSTRUMENTS AND BREATH ALCOHOL SIMULATOR BE IT RESOLVED that the City of Columbia Heights, Minnesota enter into an agreement with the State of Minnesota, Department of Public Safety for the following purpose: To receive 'from the State of Minnesota, Department of Public Safety, an intoxilyzer 5000 breath test instrument and breath alcohol simulator on a loan basis. The instru- ments are to be used by law enforcement officers to assist them in the detection of motorists who may be in violation of Minnesota Statutes Section 169.121, or other Minnesota laws or local ordinances or other law enforcement purposes. BE IT FURTHER RESOLVED that the Mayor and City Manager be and are hereby authorizeo to execute such agreement. Passed this 14th day of May, 1984. Offered by: Petkoff Seconded by:: Hovland Roll call: All ayes Bruce G. Nawrocki, Mayor Jo-Anne Student, Council Secretary CERTIFICATION State of Minnesota City of Columbia Heights I hereby certify that the foregoing resolution is a true and correct copy of the res- olution presented to and adopted by the City Council of the City of Columbia Heights at a duly authorized meeting thereof held on the 14th day of May, 1984, as shown by the minutes of aaid meeting in my possession. City Clerk Regular Council Meeting May 14, 1984 page 19 f. Resolution 84-31 Six Cities Water Managerment Organization Representatives Motion by Carlson, second by Peterson to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes RESOLUTION NO. 84-31 BEING A RESOLUTION APPOINTING REPRESENTATIVES TO THE SIX CITIES WATER MANAGEMENT ORGANIZATION ' BE IT RESOLVED by the City of Columbia Heights, Minnesota, as follows: Fred Salsbury, Public Works Director, is hereby designated as a member of the Six Cities Water Management Organization; and, Arden Hovland, Councilman, is hereby designated as an alternate member of the Six Cities Water Management Organization; and, BE IT FURTHER RESOLVED that the above shall serve not in a fixed term, but shall serve at the pleasure of the Columbia Heights City Council. Passed this 14th day of May, 1984. Offered by: Seconded by Roll call: Carlson Peterson Hovland, Petkoff, Carlson, Peterson - aye Nawrocki - nay Bruce G. Nawrocki, Mayor Jo-Anne Student, Council Secretary Mayor Nawrocki stated that he felt the City should have an elected representative on this kind of organization. 6. Communications a. Planning and Zoning Commission Jiffy Lube, 4955 Central Avenue, Conditional Use Permit/Variances The Commission approved the site plan and recommended approval of the Conditional Use Permit contingent upon three conditions as contained in the minutes of the Commission's meeting of May 1, 1984. The Commission voted to deny the requests for variances due to the lack of a hardship. There was a lengthy discussion regarding the impact this business may have on the neighborhood and on the traffic in the area. The variances being requested are a fifteen foot variance on the required twenty foot landscaped area along the east property line adjacent to residential properties, and a five foot variance on the required ten foot landscaped area along the north and west.property lines adjacent to the public right-of-way. Motion by Peterson, second by Hovland to approve the conditional use permit and grant the two variances including a fourth condition which is as follows: the requirement of on-going maintenance of the gravel mulch, fences, screening and the green area being proposed for the side of the building and that this on-going maintenance be continued by the property owner in an acceptable manner. Roll call: All ayes Regular Cou~cil Meeting May 14, 1984 page 20 b. Traffic Commission The Traffic Commission meeting minutes of May 7, 1984 were received by the Council and no Council action was required. c. University Heights - Issuance of Building Permits The developer of University Heights had requested the issuance of two building permits for this development so he could commence building in time for completion before the Parade of Homes in August. The Building Inspector could not issue building permits for this construction because no final plat had been submitted for the two sites nor had subdivisions been decided. A representative of the developer addressed the Council re- garding some changes being considered for the project. The representative did agree to plat but it was understood that no occupancy permits would be issued until the streets, sewer and water are in. The City Attorney advised that no Council action was necessary. d. Sale of Water to City of New Brighton and Request of Centex Homes, Inc. (by BRW, Inc.) In a memo from the City Engineer, he recommended that the City of Columbia Heights sup- ply water to the Centex Homes development in New Brighton if Minneapolis and New Brighton mutuatly agree to some acceptable terms. BRW, Inc. the engineering firm for Centex Homes~ had conducted a study to determine what effect this would have on the City of Columbia Heights. The results indicate there would be a minimal effect. Mayor Nawrocki stated he would be more comfortable if a similar study were conducted by our City's staff. The City Engineer found no disagreement with the findings of the study. He also stated he felt that the agreement would have to be amended to accommodate any high usage. It was determined that any additional costs that resulted from high usage will be passed on to the Centex Homes firm. RECESS: 10:20 P.M. RECONVENE: 10:45 P.M. e. Science, Technology and Energy Commission The Commission had studied and developed principles and recommendations for preservation and adminisl:ration of solar energy rights and other alternative energy sources. The Commission is awaiting further action on this material. The City Manager was directed by the Council to distribute this materiel to the Planning and Zoning Commission members and pursue a recommendation !:rom that body to be brought back to the Council. f. Appointments to Boards and Commissions Motion by Petkoff, second by Hovland to appoint Michael Wallis and Kenneth Henke to the Cable Communications Commission, William Stawarski to the Library Board, Gordon Jorgenson to the Science, Technology and Energy Commission, and Joan Prom to the Human Services Commission to fill the unexpired term of Randy Brown. Roll call: All ayes Motion by Petkoff, second by Hovland to concur with the Mayor's appointment of Gary Peterson to the Housing and Redevelopment Authority. Roll call: All ayes Motion by Petkoff, second by Carlson to appoint Arden Hovland as Council representative to the Community Education Advisory Council. Roll call: All ayes g. League of Minnesota Cities Conference Motion by Petkoff, second by Hovland to authorize the expenditures for Mayor and City Council, an(] the Fire Chief, Police Chief, and the City Manager's Assistant for at- tendance at the 1984 League of Minnesota Cities Conference to be held June 12-15 in Duluth. Rolll call: All ayes Motion by Petkoff, second by Carlson to authorize expenditures for the Council Sec- retary for attendance at the 1984 League of Minnesota Cities Conference to be held June 12-15 lin Duluth. Roll call: Hovland, Petkoff, Carlson, Peterson - aye Nawrocki - nay Regular Council Meeting May 14, 1984 page 21 h. League of Minnesota Cities - Action Alert This material dealt with industrial development bond allocations and .the impact of federal legislation upon such financing mechanisms. This was an informational item. i. League of Minnesota Cities - Openings on Boards and Commissions This was an informational item. j. Metropolitan Council - Regional Transit Board This was an informational item. k. Minnesota Department of Health - Plumbing Plan Review It was determined that the Minnesota Department of Health need not plan a review for the City of Columbia Heights as this would be a duplication of what is already being done by the City's Plumbing Inspector. The Mayor requested that a letter for his sig- nature be drafted stating this to be sent to the Minnesota Department of Health. 7. Old and New Business a. Old Business 1. Re-establish Date for Public Hearing Motion by Petkoff, second by Hovland to re-establish the public hearing date originally set for May 14, 1984 to Monday, May 21, 1984 at 7:00 P.M.. Roll call: All ayes 2. Joint Meeting - City Council and Cable Communications Commission Council Member Petkoff suggested that the Cable Commission and the Council meet to dis- cuss the equipment to be used for cablecasting various City meetings. It was suggested that this be the subject of a work session. 3. Consent Agendas Members of the Council discussed various aspects of consent agendas. b. New Business 1. Service Agreement with AT&T This agreement would service the telephone equipment in all of the city offices. Dis- cussion on this matter addressed the cost advantages to owning the equipment versus leasing it as well as other companies that may service the equipment beside AT&T. Motion by Hovland, second by Carlson to table this item until a future Council meeting pending additional information from the City Manager. Roll call: All ayes 2. Reroofing of Service Center Motion by Hovland, second by Peterson to authorize the City Manager to expend funds not to exceed $700 for an infrared scan of the Service Center roof based upon low quo- tation. Roll call: All ayes 3. Purchase of Folding Machine The City Manager had requested that this item be withdrawn as he is awaiting additional information regarding a folding machine that would also stuff the material folded. 4. Furniture Purchase (Engineering Department) Motion by Petkoff, second by Peterson to authorize the purchase of computer-related furniture and equipment from Wrightline Company of Bloomington, Minnesota in the amount of $705 based upon state contract bids. Roll call: Hovland, Petkoff, Carlson, Peterson aye Nawrocki - nay Regular Council Meeting May 14, 1984 page 22 5. Repair of Sullivan Lake Pump Motion by Hovland, second by Carlson to authorize the expenditure of $560.10 to Gen- eral Repa,ir Service for the repair of the Sullivan Lake Sprinkler system pump. Roll call: All ayes 6. Repair of Liquor Store #3 Window Sills and Moldings Motion by Petkoff, second by Peterson to authorize the expenditure of $840 for the repair and replacement of rotted sill and moldings by Franzen Construction Company based upon low quotation; and furthermore, that Franzen Construction Company assume financial responsibility for any glass breakage which may occur during removal and installation of window units. Roll call: All ayes 7. Request to Consume Non-Intoxicating Malt Liquor at Gauvitte Park Motion by Carlson, second by Peterson to authorize the possession and consumption of non-intoxicating malt liquor for the Outdoorsman at Gauvitte Park on May 20th, however, subject to Park Board concurrence. Roll call: All ayes 8. Authorization of Electrical Work for Mathaire Hockey Rink Lights Motion by Petkoff, second by Peterson to authorize the installation of electrical work in conjunction with Mathaire hockey rink lights by Heights Electric at a cost not to exceed $3,068 based upon low, informal quotations; and furthermore, that the Mayor and City Manager be authorized to execute a contract for same. Motion to amend by Nawrocki, second by Hovland that the authorization to award this contract subject to an agreement by School Board of District #13. Roll call on amend- ment: All ayes Roll call on amended motion: All ayes 8. Reports a. Report of the City Manager This report was submitted in writing. Most of the items in the report were discussed and one of them required Council action. Street Excavation, 1039 42½ Avenue Motion by Carlson, second by Hovland to authorize the issuance of a permit to excavate at 1039 42½ Avenue for a driveway opening. Roll call: AIl ayes Weeds in LaBelle Park Council Member Petkoff questioned what maintenance is being done to rid the waters in LaBelle Park of the large overgrowth of weeds. She was advised by the Public Works Director that this is currently being considered for some action. Moody's Rating Agency Discussion was he~d regarding sources of funding for those persons travelling to New York to discuss the City's credit rating with Moodys. b. Report of the City Attorney The City Attorney advised the Council of the most recent decision regarding a fence in the City. ~egular Council Meeting May 14, 1984 page 23 9. Licenses Motion by Petkoff, second by Peterson to §rant the licenses as listed upon payment of proper fees, and to waive the fees for the following: Boosters, Hockey Backers, Hockey Association and North Community Y.N.C.A.. Roll call: All ayes 10. Payment of Bills Motion by Carlson, second by Peterson to approve payment of the bills as listed out of proper funds. Roll call: All ayes Adjournment Motion by Petkoff, second by Carlson to adjourn the meeting at 12:10 A.M All ayes Anne Student. Council Secretary ~~Roll call: Bruce G Nawrock~, Mayor