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HomeMy WebLinkAboutJan 27, 1986 (2)OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING JANUARY 27, 1986 The meeting was called to order by Mayor Nawrocki at 7:55 P.M.. 1. Roll Call Paulson, Petkoff, Carlson, Peterson, Nawrocki - present 2. Invocation There were no clergymen available to offer an invocation. 3. Minutes of Previous Meetings Motion by Petkoff, second by Paulson to approve the minutes of the Regular Council Meeting of January 13th, as presented in writing and that the reading be dispensed with. Roll call: All ayes 4. Oral Petitions There were no oral petitions. 5. Ordinances and Resolutions a. Second Reading of Ordinance No. 1115 Pertaining to Beer Licenses The net effect of this ordinance would be that minors could remain on the premises of a restaurant holding a beer license provided the licensee allows seating at only booths and tables and has a minimum seating capacity of 100 persons. The Mayor felt the ordinance should also stipulate that the primary business of the licensed facility should be that of a restaurant. Councilmember Peterson felt this may be a situation which may be getting overly restrictive. The City Attorney stated this stipulation may be difficult to administrate. 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 Motion by Petkoff, second by Peterson to offer the passage of the ordinance. No roll call was taken. The Mayor expressed he would still prefer to have the intent made clear that this ordinance refers to a restaurant-type situation and requested this ordinance be given further consideration later in the meeting. Motion by Nawrocki, second by Carlson to delay further consideration until later in the meeting. Roll call: Paulson, Carlson, Nawrocki - aye Petkoff, Peterson nay Communications Request by Silver Lake Residents' Association A representative of the Association advised the Council that $1,000 is being re- quested from Columbia Heights and from St. Anthony to fund a water quality study being proposed for Silver Lake. It is the position of the Association that this study could more clearly define the problems being experienced in the lake and thereby avoid costly solutions later. The Public Works Director advised the Council that the Six Cities Water Management Organization is proposing a very intensive study to be done of Silver Lake in the future. Motion by Petkoff, second by Peterson to table this matter for additional information until the next regular Council meeting. Roll call: All ayes Regular Council Meeting January 27, 1986 page 2 Gambling License Application - Columbia Heights lio~,s Club On January 23, 1986 the City Manager received from the Charitable Gambling Control Board a copy of a gambling license application submitted by the Columbia Heights Lions Club. This application is for a Class B license which addresses raffles, paddlewheels, tipboards and pull-tabs. The Lions Club presently holds a Class B license for 1985 which expires in February 1986. When applying for Council con- currence of the Club's 1985 license it was stated by the members it was not their intent to sell pull-tabs. Permission to conduct raffles was the only permission being sought. The City Attorney stated that the City's ordinance regarding gambling specifically prohibits the issuance of a license for a location which is a bar for the use of gambling devices. It was observed that the Lions Club is defined as a "bona fide club" but unlike most clubs, does not have its own premises. The premises on which the club will be exercising its license is a bar. Councilmember Peterson stated that the Council had opposed issuance of a license for the sale of pull-tabs in a bar on a previous occasion because of the monthly rental costs. In both situations the profits realized from the sale of pull-tabs was to go to non-profit organizations. The Lions Club has a lease agreement with the bar where it meets. A copy of this lease agreement was given to the City Manager. Motion by Carlson, second by Petkoff to table this matter for additional information. Roll call: All ayes c. Insurance Commission A memo was prepared by the Finance Director regarding the findings of the Insurance Commission on the quotes for insurance. The quotes are approximately double from what they were last year. Two representatives of the Insurance Commission reviewed all of the coverage being proposed and the actual costs. There was a very lengthy discussion of the coverage as well as of the sources of funding for the increased premiums expected. The City Manager suggested self insuring was an alternative to be explored. The Mayor was unable to obtain an answer from staff as to how much had been budgeted by departments for the increase in insurance. This matter will be the subject of a Council work session on Thursday, January 30th. Murzyn Hall Change Orders The Public Works Director prepared a memo detailing all of the items involved with the change order. It was noted that many of the change order details were due be- cause specifics of the City's building code were not known by the architect. The Mayor found this situation difficult to understand since our City's code is based on the State Building Code. The Public Works Director advised the Council that a different finish window was being recommended by the Park Board which will give a much nicer appearance to the building. This window framing will cost an additional $1,650. Other items being considered for change included a door change, flooring material to be substituted and installation of wiring for cable tv. Councilmember Peterson su§§ested all of those changes resulting from architect's performance be catalogued and be considered when compensation is being paid. Motion by Peterson, second by Petkoff to approve Change Order E-l, Alternative #1 in the amount of $940; Change Order G-2 in the net deduct of $280.32; and, Chan§e Order G-3 in the net additional amount of $701.00 and that the alternate for bronze anodized windows in lieu of standard aluminum windows in the additional amount of $1,650 be authorized for work being done in Murzyn Hall. Roll call: All ayes Award of Brochure Bid The Recreation Department Director reviewed the specifications and the typesetting paper weight options. Discussion followed regarding options which could be employed to reduce the costs. Motion by Petkoff, second by Carlson to award the brochure bid for the Recreation Regular Council Meeting January 27, 1986 page 3 and Community Services Commission to Nystrom Publishing on the basis that the contractor will handle all typesetting, keylining, layout, printing, stitching, and bundling at a cost of $12,650 for 60# paper stock-text, and 70# - covers, based upon low, formal bids; and furtlhermore, that the Mayor and City Manager be authorized to execute a contract for same. Roll Call: All ayes Ordinance No. lll5, Pertaining to Beer Licenses This ordinance had been deferred for further consideration earlier in the meeting. Motion by Nawrocki, second by Carlson to amend Section 1 5.501(6)(1) to read as follows: "No licensee shall permit minors to remain on the premises (i) unless the licensee shall derive no more than 20% of its gross revenues generated on the lic ensed premises from the sale of beer, 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.I' Roll call on amendment: Paulson, Carlson, Nawrocki - aye Petkoff, Peterson - nay ORDINA~ICE NO. lll5 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO BEER LICENSES The City of Columbia Heights does ordain: 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 licensees under this section shall maintain the sanitation conditions prescribed by 5.301 that are agplicable 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 anytime 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 Sun- day between the hours of 1:OO a.m. and 12:OO noon; nor between the hours of t: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. R~gular Council Meeting January 27, 1986 page 4 (f) No club shall sell beer to persons other than members and guests in the company of members. (g) No person under the age ot? 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 !: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 ,~pon 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. Shall hereafter read as follows, to-wit: 5.506 (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 licensees under this section shall maintain the sanitation condi- tions prescribed by 5.301 that are applicable to the serving of bev- erages. (c) All licenses 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 l:O0 a.m. and 8:00 a.m. on any weekday, Monday through Saturday, inclusive; nor on Sunday between the hours of 1:00 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 elections. 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 "ol~-sale'l, to draw or serve beer. R~gular Council Meeting January 27, 1986 page 5 (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 (i) unless the licensee shall derive no more than 20% of its gross revenues generated on the licensed premises from the sale of beer, 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: January 13, 1986 The City Attorney advised the Council that the approved amendment would necessitate another reading of the ordinance. This reading will be done at the February 10th £ouncil meeting. First Reading of Ordinance No. lll8; Prohibiting Urinating in Public Motion by Peterson, second by Petkoff to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes ORDINANCE NO. lll8 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO URINATING IN PUBLIC The City of Columbia Heights does ordain: Section 1: Section No. 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 desilgned 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: January 27, 1986 R~gular Council Meeting January 27, 1986 page 6 Resolution Designating Member/Alternate Member to Six Cities Water Management O. rganization No action was taken on this resolution as no alternate member has been selected. Resolution No. 86-07 Establishing License Fees Dealing with Liquefied Petroleum Gas Motion by Carlson, second by Petkoff to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes Motion by Carlson, second by Petkoff to set the license fee in this resolution at $50.00. Motion by Nawrocki to set the license fee in this resolution at $200.00. Motion dies for lack of a second. RESOLUTION NO. 86-07 RESOLUTION ESTABLISHING LICENSE FEE DEALING WITH LIQUEFIED PETROLEUM GAS BE IT RESOLVED by the City Council of the City of Columbia Heights, Minnesota, that the license fee for the sale, dispensing and distribution of liquefied petroleum gas shall be $50.00. BE IT FURTHER RESOLVED that this resolution will be in effect from and after the effective date of Ordinance No. 1109, February 12, 1986. Passed this 27th day of January, 1986. Offered by: Carlson Seconded by: Petkoff Roll call: All ayes Jo-Anne Student, Council Secretary Mayor Bruce G. Nawrocki Old and New Business a. Old Business 1. Request for Refund of License Fees - Thiesen Vending Company The City Manager contacted the vendor who presently has machines in the location where Thiesen had theirs. He was advised that the new vendor had placed his machines on December 24, 1985. The City Manager recommended the license fees be refunded. Motion by Peterson, second by Carlson to reconsider granting of licenses to Theisen Vending for vending machines at the Apache Four Theater. Roll call: All ayes Motion by Peterson, second by Carlson to deny the license applications of Thiesen Vending Company and to refund the $400.00 for fees. Roll call: All ayes 2. Assessment for Special LMC/NAHRO Tax Increment .Finance Study and Lobbying Efforts Motion by Peterson, second by Carlson to table this item until the next regular Council meeting for additional information. Roll call: All ayes 3. Authorization to Purchase 1963 MTC Bus The Mayor had noted that this authorization had previously been granted but the actual purchase had been delayed pending information regarding needed repairs. 4. Joint Powers Agreement - Coalition of Metropolitan Communities No formal Council action was taken on this item. ~egular Council Meeting January 27, 198.' page 7 b. New Business 1. Liquor Stores - Advertising for Presidents' Day Sale Motion by Petkoff, second by Carlson to authorize the City Manager to place advertising with the Minneapolis Star and Tribune, north zone circulation, at a cost not to exceed $2,600. Roll call: All ayes 2. Dedication of Street Right-of-Way No formal Council action was taken on this item. 3. Purchase of Emergency Light Bar Sets Motion by Carlson, second by Paulson to authorize the purchase of three emergency light bar sets from Don Streicher Guns of Plymouth, in the amount of $1,760.61, based upon Hennepin County Contract #5554. Roll call: All ayes 4. Offer to Purchase City-Owned Property at 1410 42½ Avenue N.E. Motion by Petkoff, second by Paulson to authorize the City Attorney to prepare a purchase agreement for parcel #1410 to Marlaine and Dave Szurek in the amount of $15,500. Roll call: All ayes 5. Purchase of Used Canon Copying Machine Motion by Peterson, second by Petkoff to authorize the purchase of a used Canon NP 125 from the Columbia Heights Housing and Redevelopment Authority in an amount not to exceed S1,750; and furthermore, that the Mayor and City Manager be auth- orized to execute an agreement for same. Roll call: All ayes 6. Establish Dates for Public Improw~ment Hearings March 3rd, March 20th, and March 25th were selected as dates for Public Improvement Hearings. All of the hearings will begin at 7:30 p.m.. Resolution No. 86-08 Changing Date of Council Meetin~ Motion by Peterson, second by Petkoff to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes RESOLIJTION NO. 86-08 BEING A RESOLUTION ESTABLISHING MARCH 13TH AS THE DATE FOR THE FIRST COUNCIL MEETING OF THE MONTH OF MARCH, 1986 BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, that the City Council meeting heretofore scheduled for Monday, March 10, 1986 be and herein is rescheduled for Thursday, March 13, 1986 at 7:30 p.m. in the City Hall Council Chambers. Passed this 27th day of January, 1986. Offered by: Peterson Seconded by: Petkoff Roll call: All ayes Jo-Anne Student, Council Secretary Mayor Bruce G. Nawrocki, Mayor R~gular Council Meeting January 27, 1986 page 8 Appointments to Boards and Commissions Motion by Peterson, second by Carlson to make the following appointments: Marlaine Szurek to the Planning and Zoning Commission Linda Kas to the Human Services Commission Lorraine Olzeske to the Human Services Commission Dennis Stroik to the Cable Communications Commission Reuben Ruen to the Cable Communications Commi.ssion, and George Galic to the Science, Technology and Energy Commission Roll call: All ayes Appointment to Advisory Group - North Suburban Consumer Advocates for the Handicapped, Inc. Motion by Peterson, second by Carlson of Jeff Henrikson and Doug Hill to the Advisory Group of the North Suburban Consumer Advocates for the Handicapped, Inc.. This is an organization being formed to serw~ Anoka County residents and Mr. Hill and Mr. Henrikson will represent the City of Columbia Heights. Community Service Program The Mayor distributed written materials regarding a community service program Which will be administered by the County Court System. The Mayor requested staff to put together projects which can be worked on by people required by the courts to do community service. Sale of Group W Cable Group W Cable has been purchased by Daniels and Associates and the Hauser Company. Presently, the Hauser Company is the cable supplier to the northwest suburbs. League of Minnesota Cities Conference The League of Minnesota Cities is holding its annual legislative conference on Feb- ruary 5th in St. Paul. 8. Reports a. Report of the City Manager The City Manager reported on the following items: Jamboree Queen Program: An expense letter was received from the Queen Program Co- ordinator. In the letter she also mentioned that some work will be required on the queen's float. It was noted that this work must be done within the budgeted amount. Employee Health Problems: The City Manager advised the Council of the health prob~ lems being experienced by members of the staff as well as some scheduled surgeries. Recycling Program Rebate: A letter from the Metropolitan Council was received ad- vising the City it is to receive a rebate of $3,869 for its recycling program. Rezoning: A letter from the attorney representing Columbia Heights Motors was re- ceived advising the City of its opinion on the rezoning the area from Retail Busi- ness to General Business. b. Report of the City Attorney The City Attorney advised the Council of the status of the negotiations for gaining an easement across Soo Line railroad tracks behind Murzyn Hall. He also advised the Council that a decision regarding a court case may be made very soon. 9. Licenses Motion by Petkoff, second by Peterson to approve the licenses as listed upon payment of proper fees. Roll call: All ayes '.~egular Council Meeting January 27, 1986 page 9 10. Payment of Bills Motion by Peterson, second by Carlson 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~/l:35 A.M.~ All ayes ~~~ 3?, ~'~~~'~"6~,~~- Mayo~6~ Bruce G. Nawrocki /~nne Student[ ~ouncil Secretary Roll call: