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HomeMy WebLinkAboutFeb 10, 1986 (2)OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING FEBRUARY 10, 1986 The Mayor called the meeting to order at 7:30 P.M.. 1. Roll Call Paulson, Petkoff, Carlson, Peterson, Nawrocki - present 2. Invocation The Invocation was offered by Pastor Dick Mork of First Lutheran Church. 3. Minutes of Previous Meetings Motion by Carlson, second by Feterson to approve the minutes of the Community Development Block Grant Public Hearing of January 27th, and the Regular Council Meeting of January 27th, as presented in writing and that the reading be dis- pensed with. Roll call: All ayes 4. Oral Petitions The Executive Director of the Anoka County Humane Society advised the Council of the present status for fundraising for the Society's shelter. The goal for this project is $340,000. 5. Ordinances and Resolutions a. Second Reading of Ordinance No. lll4, Being an Ordinance amending Chapter 4, Section 28; Chapter 5, Section 45; and Chapter 7, Sections 72, 72a, 72b and 73. Motion by Petkoff, second by Paulson to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes ORDINANCE NO. Ill4 BEING AN ORDINANCE AMENDING CHAPTER 4, SECTION 28; CHAPTER 5, SECTION 45; AND CHAPTER 7, SECTIONS 72, 72a, 72b, and 73 The City of Columbia Heights does ordain: Section 1: Chapter 4, Section 28 of the Charter of the City of Columbia Heights which reads as follows: THE REGULAR MUNICIPAL ELECTION. A regular municipal election shall be held on the first Tuesday after the first Monday in November of each odd numbered year at such place or places as the city council may designate. At least fifteen days previous notice shall be given by the city clerk of the time and place of holding' such election, and of the officers to be elected, by posting a notice thereof in at least the city's polling places, or by publishing a notice thereof at least once in the official newspaper, or both, as the council may ordain, but failure to give such notice shall not invalidate such election. At the regular election there shall be elected, in addition to the municipal officers, two judges of the peace until such time as a municipal court shall be established in the city. Shall be amended to read as follows: THE REGULAR MUNICIPAL ELECTION. A regular municipal election shall be held on the first Tuesday after the first Monday in November of each odd numbered year at such place or places as the city council may designate. At least fifteen days Regular Council Meeting ~February 10, 1986 page 2 previous notice shall be given by the city clerk of the time and place of holding such election, and of the officers to be elected, by posting a notice thereof in at least the city's polling places, or by publishing a notice thereof at least once in the official newspaper, or both, as the council may ordain, but failure to give such notice shall not invalidate such election. Section 2: Chapter 5, Section 45 of the Charter of the City of Columbia Heights which reads as follows: REFERENDUM PETITIONS. The requirements laid down in sections 38 and 39 above as to the formation of committees for the initiation of measures and as to the form of petitions and signature papers shall apply to the referendum as far as pos- sible, but with such verbal changes as may be necessary. A referendum petition shall begin as follows: REFERENDUM PETITION Proposing the repeal of an ordinance (or resolution, as the case may be) to .... (stating the purpose of the measure), a copy of which ordinance (or reso)ution) is hereto attached. This measure is sponsored by, etc. Shal) be amended to read as follows: REFERENDUM PETITIONS. The requirements laid down in sections 38 and 39 above as to the formation of committees for the initiation of measures and as to the form of petitions and signature papers shall app)y to the referendum as far as possible. A referendum petition sha)l begin as follows: REFERENDUM PETITION Proposing the repeal of an ordinance (or resolution, as the case may be) to ..... (stating the purpose of the measure), a copy of which ordinance )(or resolution) is hereto attached. This measure is sponsored by etc. Section 3: Chapter 7, Section 72 of the Charter of the City of Columbia Heights which reads as follows: BONDED DEBT AND DEBT LI~ilT. Bonds may be issued by four-fifths vote of the council without the previous approval of the voters of the said city, but subject to the referendum powers of the people, for the purchase of real estate, for new construc- tion for new equipment; for ail improvements of a lasting character; for the pur- chase or construction of public waterworks or for the en)argement of the same and for the protection and distribution of the water supply; for the establishment of public lighting, heating, or power plants, and for their acquisition and equipment by purchase or otherwise; for the acquisition or construction of street railways, telegraph or telephone lines, or any other public convenience from which a revenue is or may be derived; for the creation or maintenance of a permanent improvement fund; for the purchase or erection of needful public buildings; for establishing and maintaining garbage crematories, or other means of garbage disposal; for the establishment and maintenance of hospitals, schools, libraries, museums, art gal- leries and cemetaries; for the construction of sewers, subways, streets, sidewalks, R~gular Council Meeting February lO, 1986 page 3 pavements, culverts, and parks and parkways and play grounds; for changing, control- ling or bridging streams and other waterways within the corporate limits and construct- ing and repairing roads and bridges within two miles of the corporate limits thereof; for the purpose of refunding outstanding bonds; for the purpose of funding floating indebtedness; and for all purposes which may be authorized by the laws of the State of Minnesota right of the city to issue bonds under the authority or any law heretofore and this section of the city's charter shall not be construed to limit the passed and adopted by the State of Minnesota, but no bonds shall ever be issued to pay cur- rent expenses or to refund emergency debt certificates. The total bonded indebtedness of the city shall never exceed ten per cent of the last assessed valuation of the tax- able property therein, including monies and credits, but in computing the total bonded indebtedness, emergency debt certificates and certificates of indebtedness or.bonds issued before or after the adoption of this"charter shall not be included in or counted as part of such bonded indebtedness, if il) held in a sinking fund maintained by the city, (2) issued for the acquisition, equipment, purchase, construction, maintenance, extension, enlargement or improvement of street railways, telegraph or telephone lines, water, lighting, heating and power plants, or either of them, or any other public convenience, from which a revenue is or may be derived, owned and operated by the city, or the acquisition or property needed in connection therewith; or for the construction of sewers, public drainage ditches, or the acqui- sition of lands, or for improvement of streets, parks, or other public improvements, to the extent that they are payable from the proceeds of assessments levied upon. property specially benefited by such ditches or improvements, or (3) for the purpose of anticipating the collection of general taxes for the year in which issued. In no case shall bonds be issued to run for more than thirty years. The purpose for which bonds are issued shall be .set forth in the ordinance authorizing them and the proceeds from such bonds shall not be diverted to any other purpose. Before any bonds aresold, at least one week's published notice shall be given of a meeting of-the city council to open and consider bids thereof..The time and place of said meeting shall be fixed and the newspaper in which the notice shall be pub- lished shall be designated by a resolution duly passed, which may provide for add- itional notice. At the time and place so fixed, the bids shall be opened and the offer complying with the terms of such sale and deemed most favorable shall be accepted: PROVIDED, that the council may reject any and all such offers and award~ said bonds to a more favorable bidder or upon like notice, it may invite other bids. Bids may be asked on the basis of a rate of interest specified in the proposals and on the net interest basis on which the bidder will pay par for the same. Shall be amended to read as follows: BOND DEBT AND DEBT LIMIT. Bonds may be issued by four-fifths vote of the council without the previous approval of the voters of the said city, but subject to the referendum powers of the people, fop the purchase of real estate; for new construction for new equipment; for all improvements of a lasting character; for the purchase or construction of public waterworks or for the enlargement of the same and for the protection and distribution of the water supply; for the establishment of public lighting, hearing, or power plants, and for their acquisition and equipment by pur- chase or otherwise; for the acquisition or construction of street railways, tele- graph or telephone lines, or any other public convenience from which a revenue is or may be derived; for the creation or maintenance of a permanent improvement fund; for the purchase or erection of needful public buildings; for establishing and main- taining garbage crematories, or other means of garbage disposal; for the establish- ment and maintenance of hospitals, schools, libraries, museums, art galleries and cemetaries; for the construction of sewers, subways, streets, sidewalks, pavements, Regular Council Meeting February 10, 1986 page 4 culverts, and parks and parkways and play'grounds; for changing, controlling or bridging streams and other waterways within the corporate limits and constructing and repairing roads and bridges within two miles of the corporate limits thereof; for the purpose of refunding outstanding bonds; for the purpose of funding floating indebtedness; and for all purposes which may be authorized by the State of Minnesota. This section shall not be construed to limit the right.of the city to issue bonds under the authority of any law hereafter passed and adopted by the State of Minn- esota, but no bonds shall ever be issued to pay current expenses or to refund emer- gency debt certificates. The total bonded indebtedness of the city shall never exceed ten per cent of the last assessed valuation of the taxable property therein, including monies and credits, but in computing the total bonded indebtedness or bonds issued before or after the adoption of this charter shall not be included in or counted as part of such bonded indebtedness, if (1) held in a debt service fund maintained by the city, (2) issued for the acquisition, equipment, purchase, construction, main- tenance, extension, enlargement or improvement of street railways, telegraph or telephone lines, water, lighting, hearing or power plants, or either of them, or any other public convenience, from which a revenue is or may be derived, owned and operated by the city, or the acquisition or property needed in connection therewith; or for the construction of sewers, public drainage ditches, or the acquisition of lands, or for improvement of streets, parks,'or other public improvements, to the extent that they are payable from the proceeds of assessments levied upon property specially benefited by such ditches or improvements, or (3) for the purpose of anticipating the collection of general taxes for the year in which issued. In no case shall bonds be issued to run for more than thirty years. The purpose for which bonds are issued shall be set forth in the ordinance authorizing them and the pro, ceeds from such bonds shall not be diverted to any other purpose. Before any bonds are sold, at least one week's published notice shall be given of a meeting of the city council to open and consider bids thereof. The time and place of said meeting shall be fixed and the newspaper in which the notice shall be published shall be designated by a resolution duly passed, which may provide for additional notice. At the time and place so fixed, the bids shall be opened and the offer complying with the terms of such sale and deemed most favorable shall be accepted: PROVIDED, that the council may reject any and all such offers and award said bonds to a more favorable bidder or upon like notice, it may invite other bids. Bids may be asked on the basis or a rate of interest specified in the proposals and on the net interest basis on which the bidder will pay par for the same. Section 4: Chapter 7, Section 72a of the Charter of the City of Columbia Heights which reads as follows: In addition to all powers specifically granted in that regard by its charter or amendments thereto, the city shall have all the powers in reference to the issuance of bonds or certificates on indebtedness provided for in respect to Cities of the Fourth Class by Chapter 10s General Statutes of Minnesota, 1913, and the Acts of the Legislature amendatory thereof and supplemental thereto. Shall be amended to read as follows: In addition to all powers specifically granted in that regard by its charter or amendments thereto, the city shall have all the powers in reference to the is- suance of bonds or certificates of indebtedness provided by statute. Regular Council Meeting FeBruary lO, 1986 page 5 Section 5: Chapter 7, Section 72b of the Charter of the City of Columbia Heights which reads as follows: BONDED DEBT AND DEBT LIMIT. No bond shall ever be issued to pay current expenses or to refund certificates of indebtedness issued to provide for temporary deficiencies in the revenues to cover current expenses, but bonds may be issued by a four-fifths vote of the council, subject to the referendum powers by the people, for the pur- chase of real estate, for new equipment, and for all improvements of a lasting character. The total bonded debt of the city shall never exceed ten per cent of the assessed valuation of all the taxable property in the city, but in computing the total bonded debt, emergency debt certificates, and bonds issued prior to the adopt- tion of this charter and either held in a sinking fund or issued for the purchase, construction, maintenance, extension enlargement, or improvements of water or lighting plants, or issued for the acquisition, equipment, purchase, construction, maintenance, extension enlargement, or improvement of water, heating plants, or either, or any other public convenience from which a revenue is or may be derived, owned or operated by such city or village, or the acquisition of property needed in connection therewith, or for the improvement of streets, parks or other public improvements, to the extent that they are payable from the proceeds of assessments levied upon property especially benefited thereby, and obligations issued for the improvements which are payable, wholly or partly from the collections of special assessments levied on property benefited thereby, or for the creation or maintenance of a permanent improvement revolving fund shall not count as part of such total bonded debt. In no case will bonds be issued to run for more than thirty years. The purpose for which bonds are issued shall be set forth in the ordinance auth- orizing them and the proceeds from such bonds shall'not be diverted to any other purposes. Shall be amended to read as follows: BONDED DEBT AND DEBT LIMIT. No bond shall ever be issued to pay current expenses or to refund certificates of indebtedness issued to provide for temporary def- iciencies in the revenues to cover current expenses, but bonds may be issued bY a four-fifths vote of the council, subject to the referendum powers of the people, for the purchase of real estate, for new equipment, and for all improvements of a lasting character. The total bonded debt of the city shall never exceed ten per cent of the assessed valuation of all the taxable property in the city; but in computing the total bonded debt, emergency debt certificates, and bonds issued prior to the adoption of this charter and either held in a debt service fund or issued prior to the adoption of this charter and either held in a debt service fund or issued for the purchase, construction, maintenance, extension enlargement, or improvement of water, heating plants or either, or any other public convenience from which a revenue is or may be derived, owned and operated by such city or village, or the acquisition of property needed in connection therewith, or for the improvement of streets, parks or other pub) i'c improvements, to the extent that they are payable from the proceeds of assessments levied upon property especially benefited thereby, and obligations issued for the improvements which are payable wholly or partly from the collection of special assessments levied on property thereby, or for the creation or maintenance of a permanent improvement revolving fund shall not count as part of such total bonded debt. In no case will bonds be issued to run for more than thirty years. The purpose for which bonds are issued shall be set forth in the ordinance authorizing them and the proceeds from such bonds shall not be diverted to any other purposes. Regular Council Meeting February 10, 1986 page 6 Section 6: 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 the budget estimates each year a suf- ficient 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. 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 debt service 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 7: This ordinance shall be in full force and effect from and after ninety (90) days after its passage. First reading: Second reading: Date Of passage: December 23, 1985 February 10, 1986 February 10, 1986 Offered by: Petkoff Seconded by: Paulson Roll call: All ayes Mayor Bruce G. Nawrocki Jo-Anne Student, Council Secretary b. Second Reading of Ordinance 1115; Being an Ordinance amending Ordinance No. 853, City Code of 1977, Pertaining to Beer Licenses Motion by Petkoff, second by Peterson to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes ORDINANCE NO. lll5 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO BEER LICENSES The City of Columbia Heights does ordain: Regular Council Meeting February 10, 1986 page 7 Section 1: Section 5.501 (6) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which hereby reads as follows, to-wit: 5.501 (6) Licenses granted pursuant to the provisions of this chapter shall be subject to the following conditions: (a) No gambling, nor any gambling device prohibited by law shall be per- mitted by the licensee in the licensed premises. (b) All licenses under this section shall maintain the sanitation conditions prescribed by 5.301 that are applicable to the serving of beverages. (c) All licensees under this section shall allow the business premises to be inspected by police or health officials at any time during which the premises are open to the public for business. (d) No licensee or his agent may sell or permit the sale of beer licensed to be sold under this section between the hours of 1:O0 a.m. and 8;00 a.m. on any weekday, Monday through Saturday, inclusive; nor on Sun- day between the hours of 1:OO a.m. and 12:00 noon; nor between the hours of 1:00 a.m. and 8:00 p.m. on the day of any statewide election. No licensee or his agent or any other person shall consume or allow to be consumed on the licensed premises any beer between the hours of 1:30 a.m. and 8:00 a.m.. (e) No licensee or his agent shall permit the consumption of intoxicating liquor on the licensed premises, or the use of soft drinks to be used for mixing with intoxicating beverages, unless said licensee has an intoxicating liquor license. (f) No club shall sell beer to persons other than members and guests in the company of members. (g) No person under the age of nineteen shall be employed on a premises licensed to sell beer "on-sale", to draw or serve beer. (h) No person or customer, other than the licensee and his employees, may remain on any licensed premises after 1:30 a.m.. (i) No licensee or his agent shall serve beer to a minor, or permit a minor to remain on the premises. (j) No licensee shall permit an employee to continue to work on the premises for a period of ten days upon a first conviction for a violation for any provisions described herein, and for a period of one year upon a second conviction. (k) No licensee or his agent shall make or permit a sale of beer to a minor. Shall hereafter read as follows, to-wit: 5.501 (6) Licenses granted pursuant to the provisions of this chapter shall be subject to the following conditions: (a) No gambling, nor any gambling device prohibited by law shall be permitted by the licensee in the licensed premises. (b) All licensees under this section shall maintain the sanitation conditions prescribed by 5.301 that are applicable to the serving of beverages. (c) All licensees under this section shall allow the business premises to be inspected by police or health officials at any time during which the premises are open to the public for business. (d) No licensee or his agent may sell or permit the sale of beer licensed to be sold under this section between the hours of 1:O0 a.m. and 8:00 a.m. R~gular Council Meeting February lO, 1986 page 8 on any weekday, Monday through Saturday, inclusive: nor on Sunday between the hours of 1:00 a.m. and 12:OO noon; nor between the hours of 1:O0 a.m. and 8:00 p.m. on the day of any statewide election. No licensee or his agent or any other person shall consume or allow to be consumed on the licensed premises any beer between the hours of 1:30 a.m. and 8:00 a.m.. (e) No licensee or his agent shall permit the consumption of intoxicating liquor on the licensed premises, or the use of soft drinks to be used for mixing with intoxicating beverages, unless said licensee has an intoxicating liquor license. (f) No club shall sell beer to persons other than members and guests in the company of members. (g) No person under the age of nineteen shall be employed on a premises licensed to sell beet "on-sale", to draw or serve beer. h) No person or customer, other than the licensee and his employees, may remain on any licensed premises after 1:30 a.m.. i) No licensee or his agent shall serve beer to a minor. (j) No licensee shall permit an employee to continue to work on the premises for a period of ten days upon a first conviction for a violation of any provisions described herein, and for a period of one year upon a second conviction. (k) No licensee or his agent shall make or permit a sale of beer to a minor. 1) No licensee shall permit minors to remain on the premises unless the licensee shall derive no more than twenty percent (20%) of its gross revenues generated on the licensed premises from the sale of beer and (i) unless the licensee allows seating only at booths and tables and unless the licensee has a minimum seating capacity for at least 100 persons, or (ii) unless the premises are those of a bona fide club. 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: January 27, 1986 February 10, 1986 February 10, 1986 Offered by: Peterson Seconded by: Paulson Roll call: All ayes do-Anne Student, Council Secretary Mayor Bruce G. Nawrocki Regular Council Meeting February 10, 1986 page 9 c. Second Reading of Ordinance No. 1118; Prohibiting Urinating in Public Motion by Petkoff, second by Peterson to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes ORDINANCE NO. 1118 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO URINATING Ir~ PUBLIC The City of Columbia Heights does ordain: Section 1: Section 10.306 (3) of the City Code of 1977, passed June 21, 1977, which is currently reserved, shall hereafter read as follows, to-wit: No person shall urinate in a public place. A public place includes any street or highway, alley, parking lot, driveway, sidewalk, mall, boulevard, park or any other place or enclosure not designed for use as a toilet or lavatory. 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: January 27, 1986 February 10, 1986 February 10, 1986 Offered by: Petkoff Seconded by: Peterson Roll call: All ayes Jo-Anne Student, Council Secretary Bruce G. Nawrocki, Mayor d. First Reading of Ordinance No. 1117; Pertaining to Council Procedures This item was removed from the agenda. e. Resolution No. 86-09; Being a Resolution Dedicating a Street Right-of-Way Motion by Petkoff, second by Carlson to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes RESOLUTION NO. 86-09 BEING A RESOLUTION DEDICATING A STREET BE IT RESOLVED by the City of Columbia Heights: 1. Lots 22 and 23, Block 70, Columbia Heights Annex to Minneapolis, are herewith dedicated for street purposes. 2. The above-described property shall hereafter be called 2½ Street Northeast. Passed this lOth day of February, 1986. Offered by: Carlson Seconded by: Paulson Roll call: All ayes Bruce G. Nawrocki, Mayor R~gular Council Meeting February 10, 1986 page lO f. Resolution No. 86-10; Requesting a Variance of State of Minnesota, Department of Transportation, State Aid Design Standards Motion by Peterson, second by Carlson to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes RESOLUTION NO. 86-10 REQUESTING A VARIANCE OF STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION STATE AID DESIGN STANDARDS S.A.P. 113-119-01 - Johnson Street N.E., 37th Ave. to 40th Ave. in the City of Columbia Heights THIS RESOLUTION, passed this 10th day of February, 1986 by the City of Columbia Heights in Anoka County, elinnesota. The Municipal corporation shall hereinafter be called the "City~' WITNESSETH: WHEREAS, the "City" has planned the improvement of M.S.A.S. 119 and WHEREAS, the "City" will be expending the Municipal State Aid Funds on the improve- ment of this street, and WHEREAS, the design of this improvement does not provide for minimum M.S.A.S. design standards for horizontal and vertical curves lying between stations 10+50 and 17+50 NOW, THEREFORE, IT IS HEREBY RESOLVED: That the "City" requests a variance of Minnesota Rules for State Aid Operations, Chapter 8820.9912 as follows: 1. Maximum degree of horizontal curvature of curve #1. The maximum degree of curvature for 30 M.P.H. travel is 21.0 degrees. We propose a design degree of curve of 26 degrees 38', or design centerline radium of 215 feet, thereby al- lowing a design speed of 25 M.P.H.. 2. Minimum vertical curve lengths at stations 11+25, 12+85, 15+40, 16+85. In all cases, we propose design lengths corresponding to a design speed of 25 M.P.H.. Dated this 10th day of February, 1986. Offered by: Carlson Seconded by: Peterson Roll call: All ayes Jo-Anne Student, Council Secretary Bruce G. Nawrocki, Mayor ATTEST: I hereby certify that the aforegoing resolution is a true and correct copy of the resolution presented to and adopted by the City Council of the City of Columbia Heights, at a duly authorized meeting thereof held on the lOth day of February, Regular Council Meeting February 10, 11986 page 11 1986 as shown by the minutes of said meeting in my possession. William J. Elrite Finance Director-City Clerk/Treasurer g. Resolution Designating Member/Alternate Member to Six Cities Water Management Organization No Council action was taken on this item. h. Resolution No. 86-11; Regarding Charitable Gambling Motion by Peterson, second by Carlson to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes Mayor Nawrocki suggested that #5 in the resolution be tightened up regarding rent by inserting the words "or other remuneration." This was acceptable to the Council. RESOLUTION NO. 86-11 BEING A RESOLUTION AUTHORIZING CERTAIN CHARITABLE GAMBLING BE IT RESOLVED BY THE CITY OF COLUMBIA HEIGHTS that gambling, as described in Minn. Stat. 5326 shall be prohibited in all bars and liquor establishments within the City which are licensed pursuant to 55.501, ~5.503, ~5.504, ~5.505, §5.506, or §5.507 of the City Code unless: 1. The organization wishing to gamble obtains the permission from the Minnesota Charitable Gambling Control Board. 2. The organization wishing to gamble obtains the permission of the Council of the City of Columbia Heights. 3. The organization wishing to gamble has been in existence in Columbia Heights for not less than ten (IO) years. 4. The organization wishing to gamble is a bona fide club. 5. The organization wishing to gamble does not pay and the proprietor of the licensed premises does not receive rent in an amount in excess of one dollar ($1.00) per year or other remuneration for permitting the gambling activity or device to be located on the licensed premises. Offered by: Carlson Seconded by: Peterson Roll call: All ayes do-Anne Student, Council Secretary Mayor Bruce G. Nawrocki i. First Reading of Ordinance No. lll9; Relating to Charitable Gambling in the City Motion by Peterson, second by Carlson to waive the reading of the ordinance there being ample copies available to the public. ORDINANCE NO. Ill9 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, RELATING TO Regular Council Meeting February lO, 1986 page 12 CHARITABLE GAMBLING WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Section l: Section 5.501 (6) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which currently reads as follows, to-wit: 5.50 (6) (a) (b) Licenses granted pursuant to the provisions of this chapter shall be subject to the following conditions: No gambling, nor any gambling device prohibited by law shall be permitted by the licensee in the licensed premises. All licensees under this section shall maintain the sanitation conditions prescribed by 5.301 that are applicable to the serving of beverages. (c) All licensees under this section allow the business premises to be inspected by police or health officials at any time during which the premises are open to the public for business. (d) No licensee or his agent may sell or permit the sale of beer licensed to be sold under this section between the hours of 1:00 a.m. and 8:00 a.m. on any weekday, Monday through Saturday, inclusive; nor on Sunday between the hours of 1:OO a.m. and 12:00 noon; nor between the hours of 1:OO a.m. and 8:00 p.m. on the day of any statewide election. No licensee or his agent or any other person shall consume or allow to be consumed on the licensed premises any beer between the hours of 1:30 a.m. and 8:00 a.m.. (e No licensee or his agent shall permit the consumption of intoxi- cating liquor on the licensed premises, or the use of soft drinks to be used for mixing with intoxicating beverages, unless said licensee has an intoxicating liquor license. (f No club shall sell beer to persons other than members and guests in the company Of members. (g No person under the age of nineteen shall be employed on a premises licensed to sell beer "on-sale", to draw or serve beer. (h) No person or customer, other than the licensee and his employees, may remain on any licensed premises after 1:30 a.m.. (i) No licensee or his agent shall serve beer to a minor, or permit a minor to remain on the premises. (j) (k) No licensee shall permit an employee to continue to work on the premises for a period of ten days after a first conviction for a violation of any provisions described herein, and for a period of one year upon a second conviction. No licensee or his agent shall make or permit a sale of beer to a minor. R'egular Council Meeting ~ebruary lO, 1986 page 13 Shall hereafter read as follows, to-wit: 5.501 (6) Licenses granted pursuant to the provisions of this chapter shall be subject to the following conditions: (a) No gambling, nor any gambling device prohibited by law shall be permitted by the licensee in the licensed premises, except for charitable gambling and charitable gambling devices only to the extent specifically authorized by resolution of the Council. (b) All licensees under-this section shall maintain the sanitation conditions prescribed by 5,301 that are applicable to the serving of beverages. (c) All licensees under this section shall allow the business premises to be inspected by police or health officials at aoy time during which the premises are open to the public for business. (d) No licensee or his agent may sell or permit the sale of beer licensed to be sold under this section between the hours of 1:00 a.m. and 8:00 a.m. on any weekday, Monday through Saturday, inclusive; nor on Sunday between the hours of 1:O0 a.m. and 12:OO noon; nor between the hours of 1:O0 a.m. and 8:00 p.m. on the day of any statewide election. No licensee or his agent or any other person shall consume or allow to be consumed on the licensed pre- mises any beer between the hours of 1:30 a.m. and 8:00 a.m.. (e) No licensee or his agent shall permit the consumption of intoxicating liquor on the licensed premises, or the use of soft drinks to be used for mixing with intoxicating beverages, unless said licensee has an intoxicating liquor license. (f) No club shall sell beer to persons other than members and guests in the company of members. (g) No person under the age of nineteen shall be employed on a premises licensed to sel} beer "on-sale", to draw or serve beer. (h) No person or customer, other than the licensee and his employees, may remain on any licensed premises after 1:30 a.m.. (i) No licensee or his agent shall serve beer to a minor. (]) No licensee shall permit an employee to continue to work on the premises for a period of ten days upon a first conviction for a violation of any provisions described herein, and for a period of one year upon a second conviction. (k) No licensee or his agent shall make or permit a sale of beer to a minor. R~gular Council Meeting February 10, 1986 page 14 Section 2: Section 5.503 (Il) of Ordinance No. 853, City Code of 1977 passed June 21, 1977, which currently reads as follows, to-wit: 5.503 (ll) Conditions of license shall be as follows: (a) Every license shall be granted subject to the conditions of the following subdivisions and all other subdivisions of this ordinance and of any other applicable ordinance of the City or State law. (b) The license shall be posted in a conspicuous place in the licensed establishment at all times. (c) Any police officer, building inspector, or any employee so designated by the City Manager shall have the unqualified right to enter, inspect, and search the premises of the licensee during business hours without a warrant. (d) Every licensee shall be responsible for the conduct of his place of business and on the premises. (e) No on sale licensee shall sell intoxicating liquor off ~ale. (f) No license shall be effective beyond the space named in the license for which it was granted. (g) No intoxicating liquor shall be sold or furnished or delivered to any intoxicated person, to any habitual drunkard, to any person under 19 years of age, or to any person to whom sale is pro- hibited by state law. (h) No person under 19 years of age shall be employed in any rooms constituting the place in which intoxicating liquors are sold at retail on sale, except that persons under 19 years of age may be employed to perform the duties of busboy or dishwashing services in places defined as a restaurant or hotel or motel serving food in rooms in which intoxicating liquors are sold at retail on sale. (i) No equipment or fixture in any licensed place shall be owned in whole or in part by any manufacturer or distiller of intoxicating liquor except such as shall be expressly permitted by state law. (j) No licenses shall sell, offer for sale, or keep for sale, intoxicating liquors from any original package which has been refilled or partly refilled. No licensee shall directly or through any other person delete or in any manner tamper with the contents of any original package so as to change its composition or alcoholic content while in the original package. Possession on the premises by the licensee of any intoxicating liquor in the original package differing in composition or alcoholic content in the liquor when received from the manufacturer or wholesaler from whom it was purchased, shall be prima facie evidence that the contents or the original package have been diluted, changed or tampered with. ~egular Council Meeting February lO, 1986 page 15 (k) (1) (m) (n) (o) (P) q) (r) (s) No licensee shall apply for or possess Federal Wholesale Liquor Dealer's special tax stamp or a Federal gambling stamp. No licensee shall keep ethyl alcohol or neutral spirits which are not potable on his licensed premises or permit their use on the premises as a beverage or mixed with a beverage. The business records of the licensee, including Federal and State tax returns, shall be available for inspection by the City Manager, or other duly authorized representative of the City at all reasonable times. Changes in the corporate or association officers, corporate charter, articles of incorporation, by-laws or partnership agreement, as the case may be, shall be submitted to the City Clerk within 30 days after such changes are made. In the case of a corporation, the licensee shall notify the City Clerk when a person not listed in the application acquires an interest which, together with that of his spouse, parent, brother, sister or child, exceeds five percent (5%), and shall give all information about said person as is required of a person pursuant to the pro- visions of Section 4 of this ordinance. At the time a licensee submits his application for renewal of a license, he shall state the nature and amount of any contribution he has made in the preceding five years for state and local campaign or political purposes, the person to whom the contr.ibution was made and the person or organization for whom intended. A licensed restaurant shall be conducted in such a manner that no less than forty percnet (40%) of the business receipts for a license year is the service of foods. A hotel shall be conducted in such a manner that, of that part of the total business receipts at- tributable to or derived from the serving of foods and intoxicating liquors, no less than forty percent (40%) of the business receipts for a license year is the serving of foods. A bowling alley shall be conducted in such a manner that no less than sixty percent (60%) of the business receipts for the license year shall be derived from the serving of food and from bowling. No licensee shall knowingly permit the licensed premises or any room in those premises or any adjoining building directly or indirectly under his control to be used as a resort for prostitutes. No licensee shall keep, possess, or operate or permit the keeping, possession, or operation of any slot machine, dice, or any gambling device or apparatus on the licensed premises; and he shall not permit any gambling therein. At the time of application for renewal of an application for an on- sale license, the applicant shall submit proof to the City that during the license year immediately preceding the year for which the application is made: Regular Council Meeting February 10, 1986 page 16 (i) in case of a restaurant, not less than forty percent (40%) of the gross sales of the establishment for which the on-sale license is to be issued was from the serving of food, or (ii) in the case of a bowling alley, not less than sixty percent (60%) of the gross sales of the establishment for which the on-sale license is to be issued was from bowling receipts and the serving of food. Shall hereafter read as follows, to-wit: 5.503 (11) Conditions of license shall be as follows: (a) Every license shall be granted subject to the conditions of the following subdivisions and all other subdivisions of this ordi- nance and of any other applicable ordinance of the City or State law. (b) The license shall be posted in a conspicuous place in the licensed establishment at all times. (c) Any police officer, building inspector, or any employee so designated by the City Manager shall have the unqualified right to enter, inspect, and search the premises of the licensee during business hours without a warrant. (d) Every licensee shall be responsible for the conduct of his place of business and the conditions of sobriety and order in the place of business and on the premises. (e) No on-sale licensee shall sell intoxicating liquor off-sale. (f) No license shall be effective beyond the space named in the license for which it was granted. (g) No intoxicating liquor shall be sold or furnished or delivered to any intoxicated person, to any habitual drunkard, to any person under 19 yeras of age, or to any person to whom sale is prohibited by state law. (h) No person under 19 years of age shall be employed in any rooms constituting the place in which intoxicating liquors are sold at retail on-sale, except that persons under 19 years of age may be employed to perform the duties of a busboy or dish- washing services in places defined as a restaurant or hotel or motel serving food in rooms in which intoxicating liquors are sold at retail on sale. Regular Council Meeting February IO, 1986 page 17 (i) (j) (k) (1 (m) (n (o) (p) No equipment or fixture in any licensed place shall be owned in whole or in part by any manufacturer or distiller of in- toxicating liquor except such as shall be expressly permitted by state law. , No licensee shall sell, offer for sale, or keep for sale, in- toxicating liquors from any original package which has been refilled or partly refilled. No licensee shall directly or through any other person delete or in any manner tamper with the contents of any original package so as to change its composition or alcoholic content while in the original pack- age. Possession on the premises by the licensee of any intoxi- cating liquor in the original package differing in compo~ltto~ or alcoholic content in the liquor when received from the manu- facturer or wholesaler from whom it was purchased, shall be prima facie evidence that the contents or the original package have been diluted, changed or tampered with. No licensee shall apply for or possess a Federal Wholesale Liquor Dealer's special tax stamp or a Federal gambling stamp. No licensee shall keep ethyl alcohol or netural spirits which are not potable on his licensed premises or permit their use on the premises as a beverage or mixed with a beverage. The business records of the licensee, including Federal and State tax returns, shall be available for inspection by the City Manager, or other duly authorized representative of the City at all reasonable times. Changes in the corporate or association officers, corporate charter, articles of incorporation, by-laws or partnership agreements, as the case may be, shall be submitted to the City Clerk within 30 days after such changes are made. In the case of a corporation, the licensee shall notify the City Clerk when a person not listed in the application acquires an interest which, together with that of his spouse, parent, brother, sister, or child, exceeds five percent (5%), and shall give all information about said person as is required of a person pursuant to the provisions of Section 4 of this ordinance. At the time a licensee submits his application for renewal of a license, he shall state the nature and amount of any contri- bution he has made in the preceding five years for state and local campaign or political purposes, the person to whom the contribution was made and the person or organization for whom intended. A licensed restaurant shall be conducted'in such a manner that no less than forty percent (40%) of the business receipts for a license .~ear is the serving of foods. A hotel shall be con- ducted in such a manner that, of that part of the total business receipts attributable to or derived from the serving of foods and intoxicating liquors, no less than forty percent (40%) of the business receipts for a license year is the serving of food. Regular Council Meeting February lO, 1986 page 18 (q) A bowling alley shall be conducted in such a manner that no less than sixty percent (60%) of the business receipts for the license year shall be derived from the serving of food and from bowling. No licensee shall knowingly permit the licensed premises or any room in those premises or any adjoining building directly or indirectly under his control to be used as a resort for prostitutes. (r) (s) No licensee shall keep, possess, or operate or permit the keeping, possession, or operation of any slot machine, dice, or any gambling device or apparatus on the licensed premises; and he shall not permit any gambling therein. Provided, however, that charitable gambling and charitable gambling devices shall be permitted only to the extent specifically authorized by resolution of the Council. At the time of application for renewal of an application for an on-sale icense, the applicant shall submit proof to the City that during the icense year immediately preceding the year for which the application s made: i) in case of a restaurant, not less than forty percent (40%) of the gross sales of the establishment for which the on. sale license is to be issued was from the serving of food, or in the case of a bowling alley, not less than sixty percent (60%) of the gross sales of the establishment for which the on-sale lic- ense is to be issued was from bowling receipts and the serving of food. Section 3: Section 5.504(10) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which currently reads as follows, to-wit: 5.504 (10) On-sale wine licenses granted pursuant to the provisions of this chapter shall be subject to the following conditions: (a) Every license shall be granted subject to the conditions of the fol- lowing subdivisions and all other subdivisions of this ordinance and of any other applicable ordinance of the City or State law. (b) The license shall be posted in a conspicious place in the licensed establishment at all times. (c) Any police officer, building inspector, or any employee so designated by the City Manager, shall have the unqualified right to enter, inspect, and search the licensed premises without a warrant during normal busi- ness hours and two hours thereafter if persons are observed on the licensed premises. (d) Every licensee shall be responsible for the conduct of his place of business and the conditions of sobriety and order in the place of business and on the premises. (e) No on-sale licensee shall sell wine off-sale. (f) No license shall be effective beyond the space named in the license for which it was granted. Regular Council Meeting February lO, 1986 page 19 (g) (h) (i) (j) (k) (1) (m) (n) (o) No wine shall be sold or furnished or delivered to any intoxicated person, to any habitual drunkard, to any person under 19 years of age, or to any person to whom sale is prohibited by state law. No person under 19 years of age shall serve wine in any rooms constitu- ting the place in which wine is sold at retail on sale: No person under 18 years of age shall be employed in any rooms constituting the place in which wine is sold at retail "on-sale", except that persons under 18 years of age may be employed as musicians or to perform the duties of a busboy or dishwashing services in places defined as a restaurant or hotel or motel serving food in rooms i.n which wine is sold at retail "on-sale." No licensee shall sell, offer for sale, or keep for sale, wine from any original package which has been refilled or partly refilled. No licensee shall directly or through any other person delete or in any manner tamper with the contents of any original package so as to change its composition or alcoholic content while in the original package. Possession on the premises by the licensee of any wine in the original package differing in composition or alcoholic con- tent in the liquor when received from the manufacturer or wholesaler from whom it was purchased, shall be prima facie evidence that the contents of the original package have been diluted, changed or tampered with. No licensee or person employed on the licensed premises shall apply for or possess a Federal Wholesale Liouor Dealer's.~Decial tax stamp or a federal gambling stamp. No licensee shall keep ethyl alcohol or neutral spirits on the lic- ensed premises or permit their use on the premises as a beverage or mixed with a beverage except for beverages licensed hereunder. The business records of the licensee, including federal and state tax returns, shall be available for inspection by the City Manager, or other duly authorized representatives of the City at all reasonable times. No licenses shall knowingly permit the licensed premises or any room on those premises or any adjoining building directly or indirectly under his control to be used as a resort for prostitutes. No licensee shall keep, possess, or operate or permit the keeping, possession, or operation of any slot machine, dice, or any gambling device or apparatus on the licensed premises; and he shall not permit any gambling therein. A licenses restaurant shall be conducted in such a manner that eighty percent (80%) or more of the annual gross receipts for a license year is attributable to or derived from the serving of food. A hotel shall be conducted in such a manner that, of that part of the total annual gross receipts attributable to or derived from the serving of foods and wine, eighty percent (80%0 or more of the annual gross receipts for a license year is the serving of food. Regular Council Meeting February 10, 1986 page 20 Shall hereafter read as follows, to-wit: 5.504 (10) On sale wine license granted pursuant to the provisions of this chapter shall be subject to the following conditions: Every license shall be granted subject to the conditions of the following subdivisions and all other subdivisions of this ordinance and of any other applicable ordinance of the City or State law. (b) The license shall be posted in a conspicuous place in the licensed establishment at all times. (c) Any police officer, building inspector, or any employee so designated by the City Manager, shall have the unqualified right to enter, inspect, and search the licensed premises without a warrant during normal business hours and two hours thereafter if persons are observed on the licensed premises. (d Every licensee shall be responsible for the conduct of his place of business and the conditions of sobriety and order in the place of business and on the premises. (e No on-sale licensee shall sell wine off-sale. No license shall be effective beyond the space named in the license for which it was granted. (g No wine shall be sold or furnished or delivered to any intoxicated person, to any habitual drunkard, to any person under 19 years of age, or to any person to whom sale is prohibited by state law. (h No person under 19 years of age shall serve wine in any rooms con- stituting the place in which wine is sold at retail in sale. No person under 18 years of age shall be employed in any rooms con- stituting the place in which wine is sold at retail "on-sale", except that persons under 18 years of age may be employed as musicians or to perform the duties of a busboy or dishwashing services in places defined as a restaurant or hotel or motel serving food in rooms in which wine is sold at retail "on-sale." (i No licensee shall sell, offer for sale, or keep for sale, wine from any original package which has been refilled or partly re- filled. No licensee shall directly or through any other person, delete or in any manner tamper with the contents of any original package so as to change its composition or alcoholic content while in the original package. Possession on the premises by the licensee of any wine in the original package differing in compo- sition or alcoholic content in the liquor when received from the manufacturer or wholesaler from whom it was purchased, shall be prima facie evidence that the contents of the original package have been diluted, changed or tampered with. (j No licensee or person employed on the licensed premises shall apply for and possess a Federal Wholesale Liquor Dealer's special tax stamp or a federal gambling stamp. ~egular Council Meeting February 10, 1986 page 21 (k) (il No licensee shall keep ethyl alcohol or neutral spirits on the licensed premises or permit their use on the premises as a beverage or mixed with a beverage except for beverages licensed hereunder. The business records of the licensee, including federal and state tax returns, shall be available for inspection by the City Manager, or other duly authorized representative of the City at all reasonable times. (mi (n) (o) No licensee shall knowingly permit the licensed premises or any room in those premises or any adjoining building directly or indirectly under his control to be used as a resort for prostitutes. No licensee shall keep, possess, or operate or permit the keeping, possession, or operation of any slot machine, dice, or any gambling device or apparatus on the licensed premises; and he shall not permit any gambling therein. Provided, however, that charitable gambling and charitable gambling devices shall be permitted only to the extent specifically authorized by resolution of the Council. A licensed restaurant shall be conducted in such a manner that eighty percent (80%) or more of the annual gross receipts for a license year is attributable to or derived from the serving of food. A hotel shall be conducted in such a manner that, of that part of the total annual gross receipts attributable to or derived from the serving of food and wine, eighty percent (80%) or more of the annual gross receipts for a license year is the serving of food. Section 4: This ordinance shall be in full force and effect from and ~fter thirty (30) days after its passage. First reading: February lO, 1986 Resolution No. 86-12 Charitable Gambling Motion by Petkoff, second by Carlson to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes RESOLUTION NO. 86-12 BEING A RESOLUTION AUTHORIZING CERTAIN CHARITABLE GAMBLING BE IT RESOLVED BY THE CITY OF COLUMBIA HEIGHTS that the City shall advise the Minnesota Charitable Gambling Control Board that it has no objections to the issuance of a Class B Gambling License to the Columbia Heights Lions Club for use of the site at 547 40th Avenue N.E. Offered by: : Petkoff Seconded by: Carlson Roll call: All ayes Passed this lOth day of February, 1986. Jo-Anne Student, CoUncil Secretary Mayor Bruce G. Nawrocki Regular Council Meeting February 10, 1986 page 22 i. Resolution 86-13; Authorizing the City to Request MN/DOT to Establish a Public Grade Crossing for John P. Murzyn Hall Motion by Petkoff, second by Paulson to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes RESOLUTION NO. 86-13 BEING A RESOLUTION REQUESTING THE ESTABLISHMENT OF AN AT-GRADE CROSSING BE IT RESOLVED BY THE CITY OF COLUMBIA HEIGHTS: l) That the City shall petition the Commissioner of the Minnesota Department of Transportation for approval of a new public at-grade crossing to serve the City of Columbia Heights Community Center, known as John P. Murzyn Hall. 2) The new at-grade crossing is over the Soo Line Railroad spur track located at the west 24 feet of the following described property, to-wit: All that tract or parcel of land situated and lying in the County of Anoka and State of Minnesota and described as follows to-wit: All of Block Two (2), except Lots One (1), Two (2), and Three (3) thereof; 2nd Subdivision of Block F, Columbia Heights Annex according to the map or plat thereof on file and of record in the office of the Register of Deeds in and for Anoka County, Minnesota. The crossing will be 24 feet in width, traversing one set of the Soo Line Rail- road Company spur tracks which presently served the H.B. Fuller Company. The proposed at-grade crossing will provide a route for egress and ingress from 39th Avenue NoE. to the new parking facility which is to serve John P. Murzyn Hall. The type of roadway will consist of treated timber and blacktop. Offered by: Carlson Seconded by: Paulson Roll call: All ayes Date of passage: February 10, 1986 Mayor Bruce G. Nawrocki Jo-Anne Student, Council Secretary j. Resolution No. 86-14; Authorizing an Agreement with Anoka County - W. Upland Crest Motion by Petkoff, second by Peterson to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes RESOLUTION NO. 86-14 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE AN AGREEMENT WITH ANOKA COUNTY FOR RECONSTRUCTION OF WEST UPLAND CREST (ANOKA COUNTY ROAD #104) BE IT HEREBY RESOLVED that Columbia Heights City Council does approve of and auth- orize the Mayor and City Manager to execute an agreement with Anoka County for Regular Council Meeting February 10, 1986 page 23 engineering and construction costs associated with the reconstruction of West.: Upland Crest. Passed this 10th day of February, 1986. Offered by: Paulson Seconded by: Petkoff Roll call: All ayes Jo-Anne Student, Council Secretary Mayor Bruce G. Nawrocki 6. Communications a. Plannlng and Zoning Commission 1. Sign Variance Appeal - Hardees, 5280 Central Avenue Hardees was denied a variance by the Commission to install a 3' x '11' sign on the west side of their building at 5280 Central Avenue due to a lack of hardship. There was a lengthy discussion regarding non-conforming signs. The City Attorney suggested the Council should amend the sign ordinance rather than grant the appeal in this instance. The Mayor felt the City Council should spend some time reviewing the code and then consider any thoughts of amending it should be made after the review. He also noted that the freestanding sign at Hardees could be ~urned ninety degrees and give the establishment exposure to 53rd Avenue which is what they desire. Three members of the Council were not opposed to granting the variance. Motion by Carlson, second by Peterson to grant the variance requested by North Central Food Systems (dba Hardees) to allow a sign location variance to install a 3' x llI sign on the west side of the building at 5280 Central Avenue. Roll call: Paulson, Petkoff, Peterson, Carlson - aye Nawrocki - nay Community Development Block Grant - Funding of 1986 Activities The recommendations for the allocations of these funds had been the subject of a Council work session. The Council had received a letter from Crestview Lutheran Home requesting funding for a new van. Councilmember Petkoff felt this request should be considered for the funds originally considered for Rise, Inc. since the nursing home has a large percentage of its residents from Columbia Heights. She also felt some funding should be considered for the Teen-age Drop-In Center. Staff advised that some of the Center's funds from a previous year have not yet been expended. Mayor Nawrocki and Councilmember Petkoff suggested some of the funding be allocated for the Golden Age Club for its furnishings in the Club's area in John P. Murzyn Hall. Motion by Peterson, second by Petkoff to approve allocation of the Community Deve- lopment Block funds as listed. Motion to amend by Paulson, second by Petkoff that the $2,640 for Rise, Inc. on the list of activities be transferred to Crestview Lutheran Home. Roll call: All ayes Motion to amend by Petkoff, second by Paulson that $1,420 be allocated for one Telecommunications Device and two other programs for hearing impaired and the remaining $1,000 be allocated to the Golden Age Club for its facility in Murzyn Hall. Roll call: All ayes The motion as amended: to approve the allocation of the City's 1986 C.D.B.G. Program Funding to the fol- lowing activities: ..... Regular Council Meeting February 10, 1986 page 24 a. Acquisition of deteriorating structures with the City's Downtown Redevelopment District b. Columbia Heights Historical Preservation Record c. Columbia Heights Industrial Base Inventory and Promotion d. Parkview Villa Senior Citizen Handicapped Unit Renovation e. Downtown Business Fair f. Public Service Projects - Anoka County Association for Hearing Impaired-Telecommunications Device Purchase/Hearing Impaired Awareness - Association for Retarded Citizens - Project LINC - Anoka County Community Action Program - Senior Outreach Worker - Friends of the Library - Senior Programs - Southern Anoka Community Assistance - Rental Deposit Assistance - Crestview Lutheran Home - Van - Minneapolis Society for the Blind - Low Vision Screening and Sponsorship Project - Family Life Mental Health Center - Mental Health Treatment - Columbia Heights Golden Age Club - Furnishings, Murzyn Hall $72,064 5 5,000 5 5,000 $10,000 5 5,000 517,121 1,420 1,600 4,960 240 2,160 2,640 2,080 1,021 1,000 TOTAL $ 114,185 Roll call: All ayes Request to Purchase Parcels at 4232 and 4303 Fifth Street A letter was received from Dynamic Designers of Roseville to purchase the above- mentioned parcels. The City Manager felt the offer for these parcels was too low. Motion by Peterson, second by Carlson to authorize the City Manager to undertake an appraisal of property at 4304 Fifth Street and to seek an updated appraisal for property at 4232 Fifth Street. Councilman Carlson requested these parcels be advertised. Roll call: All ayes Insurance Commission This matter had been the subject of considerable discussion and of a work session. Motion by Carlson, second by Peterson to authorize the purchase of property insu- rance, general liability insurance, automobile fleet insurance, police professional liability insurance, crime coverage and liquor liability insurance as indicated in First Insurance Valley View's memo of February 4, 1986 plus public officials' lia- bility insurance (at an estimated cost of 510,000) and workmen's compensation insur- ance to come from the League of Minnesota Cities Insurance Trust with the refund option being taken. Roll call: All ayes c. Planning and Zoning Commission (cont.) 2. Off-Street Parking Setback Variance - Oak Hill Baptist Church Motion by Petkoff, second by Paulson that the City Council approves the 24 foot front yard off-street parking setback variance based upon the finding of a hard- ship due to the topography of the lot as recommended by the Planning and Zoning Commission; and furthermore, be it understood that this 24 feet shall be along the east 160 feet of the north property line along 42nd Avenue. Roll call: All ayes Regular Council Meeting 'February 10, 1986 page 25 d. Traffic Commission Minutes of the February 3, 1986 Traffic Commission meeting were distributed. e. Cable Communications Commission - Transfer of Franchise Motion by Petkoff, second by Paulson that the request from Group W Cable to review the application for the transfer of a cable communications franchise for the cities of Columbia Heights and Hilltop be reviewed by staff with a report prepared for the next regular Council meeting. Roll call: All ayes It was noted that this transfer decision will receive a public hearing. f. Suburban Rate Authority - 1986 Membership Assessment Motion by Petkoff, second by Peterson to authorize the City Manager to remit the City's 1986 membership assessment of $1,OO0 to the Suburban Rate Authority. Roll call: All ayes g. Other Communications Mayor Nawrocki advised the Council he is in receipt of a letter from George Leverentz stating his resignation from the Recreation Commission. 7. Old and New Business a. Old Business 1. Assessment for Special LMC/NAHRO Tax Increment Finance Study and Lobbying Effort Motion by Petkoff, second by Paulson to authorize the payment of $1,152.46 to the League of Minnesota Cities/NAHRO as the City's assessment for the tax increment finan- cing study and lobbying effort conditioned upon that group committing to defending the pre-1979 Exemption which the Columbia Heights HRA Tax Increment District has worked under. Roll call: All ayes 2. Adoption of the City's Records Retention Schedule Mayor Nawrocki had question regarding what material would be destroyed and what would not. Motion by Petkoff, second by Peterson to adopt the document entitled "Minnesota Records Retention Schedule" as the City's record retention schedule effective immediately. Roll call: Paulson, Petkoff, Carlson, Peterson - aye Nawrocki - nay b. New Business 1. Ratify Action of City Manager - Repair of Dump Truck, Unit #9 Motion by Carlson, second by Peterson to ratify the action of the City Manager to repair dump truck unit #9 at Genuine Parts Company based upon a 1OW quotation of $1,O46.94. Roll call: All ayes 2. Conferences and Seminars Motion by Carlson, second by Paulson to authorize the attendance of Joanne Scudder at the 1986 Public Library Association National Conference scheduled for April 2-5, 1986, at St. Louis, Missouri; and furthermore, that related expenditures be reimbursed.'Roll call: All ayes 3. Award of Bid - Production, Printing and Distribution of City's Newsletter Motion by Carlson, second by Peterson to award the production, printing, and distribution bid for the City's newsletter to Minnesota Suburban N~wspapers, Inc. of Edina, Minnesota, at a cost of $1,435.00 per issue, based upon low, formal bid. Roll call: All ayes Regular Council Meeting February 10, 1986 page 26 4. Participation in Municipal Amicus Program Motion by Petkoff, second by Peterson to authorize the City Manager to inform the League of Minnesota Cities that it will participate in the Municipal Amicus Program as outlined in a ~etter dated January 14, 1986, from Stan Peskar, General Counsel of the League of Minnesota Cities. Roll call: All ayes 5. Approval ~o Submit Offers to Purchase Right-of-Way on Johnson Street Motion by Petkoff, second by Paulson to authorize the City Manager to submit offers to purchase rights-of-way at the following locations: 3945 Johnson, 3949 Johnson, 3961 Johnson, 3975 Johnson, 3979 Johnson, 3985-87 Johnson and 1650 4Otb Avenue based upon appraised value; and furthermore, that such offers be conveyed to property owners in writing and the offers will be made contingent on authorization of the project. The contingency was included at the request of Mayor Nawrocki who noted that the project had not been authorized at this point in time. Roll call: All ayes 6. North Suburban Mayors' Association Meeting Motion by Petkoff, second by Carlson to authorize the City's hosting of the North Suburban Mayors' Association meeting on February 20, 1986 with expenses to come out of the General Fund Contingency. Roll call: All ayes 7. Other New Business There is a Council work session scheduled for February ll, 1986. Councilmember Carlson requested that any job opportunities with the City be an- nounced on cable tv. 8. Reports a. Report of the City Manager The City Manager's report was submitted in written form and the following items were discussed: 1. Housing Mortgage Revenue Bond Issue: This matter involves a misunderstanding between a developer in the City and the banks. Additional information regarding this matter is anticipated. 2. Request for Information on Right-of-Way North of 4455 Reservoir Boulevard: The property owner adjacent to this right-of-way is interested in purchasing this 33' wide strip of land and adding it to his parcel. His expressed intent is to request a lotsplit and have two buildable lots. Motion by Peterson, second by Carlson to authorize the City Manager to secure an appraisal for the city-owned land north of 4455 Reservoir Boulevard. Roll call: All ayes 3. Publishing Minutes of City Council Meetings: The Council Secretary contacted various communities regarding their policies on publishing council minutes. Publishing minutes in their entirety has been quite expensive and significant increases in costs are anticipated. This matter will be a discussion item at a Council work session. 4. Anoka County Community Service Program: Mayor Nawrocki distributed material regarding a community service program within Anoka County. He had requested department heads to submit lists of projects for which this program could be used. Regular Council Meeting February 10, 1986 page 27 b. Report of the City Attorney The City Attorney had nothing to report at this time. 9. Licenses Motion by Carlson, second by Peterson to grant the licenses as listed upon payment of proper fees and that the fees for Columbia Heights V.F.W. Post #230 and the Christian Record Braille Foundation be waived. Roll call: All ayes 10. Payment of Bills Motion by Paulson, second by Peterson to pay the bills as listed out of proper funds. Roll call: All ayes Adjournment Motion by Peterson, second by Carlson to adjourn the meeting at ~:45 p.m.. /~oll / //¢Anne Student, £ounc~ Secretary