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HomeMy WebLinkAboutDecember 9, 1991OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING DECEMBER 9, 1991 Mayor Carlson called the meeting to order at 7:00 p.m.. 1. ROLL CALL Nawrocki, Clerkin, Ruettimann, Peterson, Carlson - present 2. PLEDGE OF ALLEGIANCE 3. CONSENT AGENDA The following items were approved on the Consent Agenda: Minutes For Approval The Council approved the minutes of the Budget Public Hearing of November 21, 1991, the Special Council Meeting of November 21, 1991, the Regular Council Meeting of November 25, 1991 and the Volunteer Relief Association - Board of Trustees Meeting of November 25, 1991 as presented and there were no corrections. Resolution No. 91-72~ Beinq a Resolution Desiqnatinq Depositories for Funds of the City of Columbia Heiqhts The reading of the resolution was waived there being ample copies available for the public. RESOLUTION NO. 91-72 DESIGNATING DEPOSITORIES FOR FUNDS FOR THE CITY OF COLUMBIA HEIGHTS BE IT RESOLVED, that the Marquette State Bank of Columbia Heights and the Northeast State Bank of Columbia Heights be hereby designated as the depositories for monies of the City of Columbia Heights, and the Treasurer of this City is hereby directed to deposit monies of this City in said banks, and the Marquette State Bank of Columbia Heights and the Northeast State Bank of Columbia Heights are hereby authorized and directed to honor and pay any checks or orders, when signed by the Mayor, City Manager and Treasurer for the withdrawal or transfer of funds on deposit in said banks in whatever form. AND, that the following financial institutes be designated as official depositories of the City of Columbia Heights for investment purposes: Marquette State Bank of Columbia Heights, Northeast State Bank of Columbia Heights, Twin City Federal, Norwest Bank, American National Bank of St. Paul, First National Bank of St. Paul, Merrill Lynch Government REGULAR COUNCIL MEETING DECEMBER 9, 1991 PAGE 2 Securities, Inc., Prudential-Bache Securities, Minnesota Municipal Money Market Fund, Piper, Jaffray & Hopwood, Inc., Juran & Moody, Inc., Shearson-Lehman Brothers. AND, that the Treasurer shall have the authority to wire transfer funds from one official depository to another for the purpose of investing City funds. BE IT FURTHER RESOLVED that in case such deposit shall at any time exceed the sum for which its deposits are insured under the acts of Congress of the United States relating to insurance of bank deposits, such depository shall immediately furnish bond or securities in lieu of bond. The following are hereby designated as the places for safekeeping of all securities in lieu of such bond: The Marquette National Bank, The Federal Reserve Bank, Norwest Bank, First National Bank of St. Paul, Manufacturers Hanover Bank, Midland National Bank, American National Bank of St. Paul, Piper Jaffray & Hopwood, Inc., Juran & Moody, Inc. Passed this 9th day of December, 1991. Offered by: Seconded by: Roll call: Ruettimann Clerkin Ail ayes Mayor Edward M. Carlson Jo-Anne Student, Council Secretary Resolution No. 91-731Beinq a Resolution Establishinq Senior Citizens or Retired or Disabled Persons Hardship Special Assessment Deferral The reading of the resolution was waived there being ample copies available for the public. RESOLUTION NO. 91-73 BEING A RESOLUTION ESTABLISHING SENIOR CITIZENS OR RETIREDAND DISABLED PERSONS HARDSHIP SPECIAL ASSESSMENT DEFERRAL WHEREAS, immediate payment of special assessments or installments on special assessments cast an undue hardship on some persons owning homestead properties who are 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make payments, and REGULAR COUNCIL MEETING DECEMBER 9, 1991 PAGE 3 WHEREAS, Minnesota Statutes 435.193 - 435.195 makes it possible for a home rule charter city to pass a resolution establishing standards and guidelines for determining the existence of a hardship and for determining the existence of a disability. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS: This deferral procedure shall apply only to assessments which are payable in five or more annual installments. This deferral procedure shall apply only to property owned and occupied by the elderly, retired, or disabled applicant. Ownership and occupancy must be of the same nature as would qualify the applicant for a homestead exemption for tax purposes. This deferral procedure shall apply only to homestead property owned by a person 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make payments. Permanent and total disability shall have the same definitions for purposes of assessment deferral as is used for social security purposes. This deferral procedure shall not be construed as to prohibit the determination of hardship on the basis of exceptional and unusual circumstances not covered by standards and guidelines herein so long as determination is made in a nondiscriminatory manner and does not give the applicant an unreasonable preference or advantage over other applicants. Se In order to obtain a deferral of an assessment, the homeowner must make application on the forms prescribed by the Anoka County Auditor. If no such form is available, the City Assessor of Columbia Heights shall prescribe the appropriate form. In granting a deferred assessment, the Council shall determine in its resolution approving the assessment roll the amount of interest, if any, to be charged on the deferred assessment. The option of the homeowner to defer the payment of special assessments shall terminate and all amounts accumulated plus applicable interest shall become due and payable upon the occurrence of any of the following REGULAR COUNCIL MEETING DECEMBER 9, 1991 PAGE 4 events: Se the death of the owner, provided that the spouse is not otherwise eligible for benefits hereunder; be the sale, transfer of subdivision of the property or any part threreof; Co if the property should for any reason lose its homestead status; or de if for any reason the City shall determine that there would be no hardship to require immediate or partial payment. No deferral may be granted unless the homeowner makes application to the City Assessor within thirty (30) days after adoption of the assessment by the Council. e The deferral shall apply to only 50% of the annual installment payment. If the 50% is not paid in a timely manner, the balance of the annual installment along with all future installments shall become immediately due and payable. 10. No deferral shall be granted to any owner who has a gross annual household income from all sources in excess of $13,600.00. 11. No deferral shall be continued from year to year unless the owner shall file a renewal application before September 15th of each year. 12. No special assessment may be deferred for a period longer than the time set by the Council as the time over which the project is to be assessed. 13. Interest on deferred assessments shall be at the rate set by the Council in its resolution adopting the assessment roll, and such interest shall be added to the amount deferred and shall be paid in accordance with Minnesota Statute 435.195 and this Resolution. Passed this 9th day of December, 1991. Offered by: Seconded by: Roll call: Ruettimann Clerkin Ail ayes REGULAR COUNCIL MEETING DECEMBER 9, 1991 PAGE 5 Mayor Edward M. Carlson Jo-Anne Student, Council Secretary I hereby certify that the above is a true and correct copy of a resolution adopted by the City Council of the City of Columbia Heights on the 9th day of December, 1991. William J. Elrite, City Clerk Resolution No. 91-74; Beinq a Resolution Establishinq Senior Citizen Eliqibilit¥ Standards for Refuse, Sewaqe Disposal and Water Supply Utility Rates The reading of the resolution was waived there being ample copies available for the public. RESOLUTION NO. 91-74 ESTABLISHING SENIOR CITIZEN ELIGIBILITY STANDARDS FOR REFUSEr SEWAGE DISPOSAL AND WATER SUPPLY UTILITY RATES WHEREAS, the City Council has previously established eligibility standards for senior citizens for refuse service, disposal, and water supply; and WHEREAS, it has been the City's practice to maintain uniform eligibility standards whenever possible; NOW, THEREFORE, BE IT RESOLVED by the City of Columbia Heights as follows: That anyone over 62 years of age with a maximum household income of $13,600 will be eligible for reduced rates. BE IT FURTHER RESOLVED that the above eligibility standard to be effective January 1, 1992. Passed this 9th day of December, 1991. Offered by: Seconded by: Roll call: Ruettimann Clerkin Ail ayes Mayor Edward M. Carlson Jo-Anne Student, Council Secretary REGULAR COUNCIL MEETING DECEMBER 9, 1991 PAGE 6 Temporary Siqn Request The Council approved the temporary signage at 4111 Central · Avenue, South Building, as requested provided a $100 deposit is submitted to the City to assure the removal of the temporary signage by December 15, 1991. License Applications The Council approved the license applications.as listed upon payment of proper fees. Payment of Bills The Council approved the payment of the bills as listed out of proper funds. APPROVAL OF CONSENT AGENDA Motion by Ruettimann, second by Clerkin to approve the consent agenda as presented. Roll call: All ayes OPEN MIKE/PRESENTATIONS Bicentennial of the Constitution Commission Mayor Carlson read a memo received from the Bicentennial of the Constitution Commission which addressed 1991 being the last year of service of a five year appointment. He named all of those who served on the Commission and thanked them for their time and efforts. On December 15th the 200th anniversary of the ratification of the Bill of Rights will be observed. Vehicular Accident Recently, there was a collision between a city truck and a passenger car. The owner of the car stated he felt this situation was not properly handled by staff. He showed members of the Council photos of his vehicle and the city truck. This resident was advised that the matter is being handled by the City's insurance company. He felt there had been some question regarding the accuracy of the accident report. Councilmember Nawrocki requested the CTty Manager to follow through on this matter. Gamblinq License for the Lions Club John Huff, representing the Lions Club, requested the Council to authorize renewal of the Club's gambling license. He noted that there is usually a ten week wait before these licenses are approved by the State. REGULAR COUNCIL MEETING DECEMBER 9, 1991 PAGE 7 Mr. Huff was advised he could submit the renewal form to the Building Inspector at this meeting and she will follow through on the matter. PUBLIC HEARiNGS/RESOLUTIONS/ORDINANCES a. Condemnation of 4318 Washington Street The Building Inspector advised that this structure was recently damaged over fifty percent by a fire. She noted that the owner had received three bids for repair of the structure and they were all for over fifty percent of the structure value. The structure is non-conforming, unsanitary and a nuisance. Copies of the Council's Findings of Fact and the Conclusions of the Council were distributed to the Councilmembers. The insurance adjuster representing the property owner stated that she is supportive of the condemnation. Motion by Ruettimann, second by Clerkin that there is adequate evidence to find the buildings at 4318 Washington Street are hazardous and in violation of the law and that the City Council orders that the buildings at 4318 Washington Street be razed, demolished and removed. The site must then be restored to a safe condition with fill as necessary. Such correction shall be completed within thirty (30) days of the service of this Order. A motion for the summary enforcement will be made to Anoka County District Court unless corrective action is taken or unless an Answer is filed within the time specified by Minnesota Statute 463.18. Roll call: All ayes Councilmember Nawrocki felt the Findings of Fact and the Conclusions of the Council should be referenced in the motion. Motion by Peterson, second by Nawrocki to reconsider the motion regarding the condemnation of 4318 Washington Street. Roll call: All ayes Motion by Nawrocki, second by Clerkin to direct that the Findings of Fact and the Conclusions of the Council, A through G, as drafted by the City Attorney and read by Councilmember Ruettimann, be included in the motion. Roll call: All ayes Motion by Ruettimann, second by Clerkin to approve the amended motion. Roll call: All ayes REGULAR COUNCIL MEETING DECEMBER 9, 1991 PAGE 8 Siqn Variance - 4111 Central Avenue, South Buildinq Jim Ruvelson, owner of the buildings at 4111 Central Avenue, explained his purpose in requesting this variance. Councilmember Nawrocki recalled that the sign ordinance had addressed this type of signage and felt it was not allowable. The Building Inspector read from the sign ordinance and felt there was some gray area regarding this type of sign. Motion by Ruettimann, second by Peterson to approve the fourteen foot signage variance as requested for 4111 Central Avenue, South Building. Roll call: Clerkin, Ruettimann, Peterson, Carlson - aye Nawrocki - abstain b. Resolution Callinq for Repeal of Presidential Primar¥ Two alternative resolutions were presented consideration. for Council Councilmember Nawrocki felt both versions of the resolution were out of order and that this matter was beyond the City of Columbia Heights. He suggested the real issue is who is going to pay the costs for the Presidential Primary. He is of the opinion that the Council should be requesting the Legislature to provide funding for this process. He noted that the Legislature passed this bill without a hearing. The Finance Director stated this may cost the City of Columbia Heights between ten and twelve thousand dollars. Discussion continued regarding the purpose of the Primary, who would benefit, and who should be responsible for the funding. Motion by Nawrocki, second by Ruettimann to table this matter for further considerations. Roll call: All ayes COMMUNICATIONS Rezoning, 3982 Van Buren Street Motion by Peterson, second by Clerkin to approve the rezoning of 3982 Van Bur~n Street from CBD to R-2 Residential. Roll call: All ayes Councilmember Peterson was advised the alley adjacent to this property is located on the south side of the lot. He had understood it was located on the north side when it was discussed at the Planning and Zoning Commission meeting. Councilmember Nawrocki felt this zoning would leave a REGULAR COUNCIL MEETING DECEMBER 9, 1991 PAGE 9 "dent" in the zoning and appeared to be spot zoning. Councilmember Peterson suggested that part of the alley be included in the rezoning to make the parcel more saleable as an R-2 property. Councilmember Nawrocki felt this parcel should be more clearly researched before it is rezoned, especially in light of the building north of it which faces on 40th Avenue. He noted that the condition of this building is poor and its future is questionable. The City Manager stated this is a piece of property which the HRA should look at. Motion by Ruettimann, second by Peterson to table this matter and refer it back to the Planning and Zoning Commission to review it relative to the City's future plans for the area. Roll call: Nawrocki, Clerkin, Ruettlmann, Peterson - aye Carlson - nay be Handicap Space in Police Lot The City Manager stated that this parking space will accommodate persons who cannot walk a considerable distance but may be able to climb stairs. Discussion continued regarding this request and the suggested placement of a handicap parking sign adjacent to the Police Department door. It was proposed for installation after May 1, 1992. Motion by Peterson, second by Nawrocki to table this matter for further discussion at a Council work session. Roll call: Nawrocki, Clerkin, Ruettimann, Peterson - aye Carlson - nay OLD BUSINESS Se Replacement of City Hall Windows Motion by Peterson, second by Clerkin to authorize the City entering into an agreement with Glass Service Company to install eighteen windows approximately 24" x 18" to replace the existing windows, in the amount of $6,813 and that the Mayor and City Manager be authorized to sign a contract for same. In response to Councilmember Nawrocki's inquiry as to the type of windows being considered, the Building Inspector read the specifications. He was of the opinion that the urgency of this request was overstated and noted that this purchase had not been budgeted. Councilmember Ruettimann inquired if there is a security REGULAR COUNCIL MEETING DECEMBER 9, 1991 PAGE 10 e problem with the windows. The City Manager responded that this was not the case but the water problems being experienced were the real concern. Councilmember Peterson felt the windows definitely needed to be replaced. Roll call: Clerkin, Ruettimann, Peterson, Carlson - aye Nawrocki - nay NEW BUSINESS M.S.A.S. Projects for 1992 The City Manager reviewed all of the projects being considered. Councilmember Nawrocki inquired if any surveying had been done for sidewalk placement on State Aid Streets. He was advised this is not possible during the wintertime because of the need to look at curb cuts, alleys and tree placement. This will be a looked at for future projects. Motion by Ruettimann, second by Peterson to authorize staff to proceed with an overlay project in 1992 consisting of the following streets: 38th & 39th Avenues from University to Central; 44th Avenue from Main Street to Jackson Street; 51st Avenue from Washington Street to Central Avenue; Main Street from 37th Avenue to 40th Avenue; and Jefferson Street from 40th Avenue to 51st Avenue; and furthermore, to direct the City Engineer to submit said project to Mn/DOT for approval of construction in 1992. Roll call: All ayes be City-Wide Government Information System (GIS) Councilmember Ruettimann felt more than one staff member should be responsible for inputing information into the system so it can be up and running in a shorter amount of time. It was advised that it may take from two to three years before all of the data is available to departments. Councilmember Nawrocki stated he is not supportive of this request noting his concern for maintenance costs and costs of the equipment. Councilmember Peterson recalled this whole project had been approved some time ago and this is just the first phase. Councilmember Ruettimann requested that some material be kept on file so new members of the Council can review what had been done by previous councils. Motion by Ruettimann, second by Peterson to authorize the City Manager to proceed with the purchase of an RS-6000 REGULAR COUNCIL MEETING DECEMBER 9, 1991 PAGE 11 Ce de work station and the AIX operating system software for $45,936 from IBM off of the State contract with $40,050 coming from the 1991 budget and the rest from the 1992 budget; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: Clerkin, Ruettimann, Peterson - aye Nawrocki - nay Carlson - abstain Motion by Ruettimann, second by Peterson to authorize the City Manager to purchase Arc/Info UNIX based software and training from Environmental Systems Research Institute under the Joint Purchasing Agreement with Anoka County, with the funding coming from the 1992 budget not-to- exceed $34,000; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: Clerkin, Ruettimann, Peterson, Carlson - aye Nawrocki -nay Motion by Ruettimann, second by Peterson to authorize the City Manager to proceed with negotiations with IBM to provide fiber optic cabling options between Public Works and City Hall, not-to-exceed $15,000; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: Clerkin, Ruettimann, Peterson, Carlson - aye Nawrocki - nay Authorization to Seek Bids for Purchase and Installation of Carpeting at Library Councilmember Nawrocki questioned the need for replacing the carpeting in the adult reading room and on the stairs. Mayor Carlson was supportive of authorizing the request for all three areas, adult reading room, lobby and interior stairwell. Councilmember Peterson suggested that Mayor-elect Murzyn inspect the carpeting and come back to the Council with a recommendation. Motion by Peterson, second by Nawrocki to table this matter until the next Council meeting. Roll call: All ayes Closeout of Construction Projects #9107,#9106 & #8721 Motion by Nawrocki, second by Peterson to transfer $46,317.74 from the General Fund to the Capital Improvement PIR Fund to cover the City's portion of Project #9107 in the amount of $5,813.70, Project #9106 in the amount of $14,679.76, and Project #8721 in the amount of $25,824.28, with a reduction to the Street REGULAR COUNCIL MEETING DECEMBER 9, 1991 PAGE 12 Department personnel budget of $18,527.10 , and a reduction to the Engineering Department personnel budget of $27,790.64. Roll call: All ayes ee Authorize Payment of City Assessments to City-Owned Vacant Lots Motion by Peterson, second by Clerkin to authorize the payment of special assessments on City-owned lots from the General Fund - General Government Building Department in the amount of $12,091.03 and to increase this department's budget by $12,091.03 with the budget appropriation coming from the General Fund - Unreserved Fund Balance. Roll call: All ayes Columbia Park Clinic Councilmember Nawrocki advised that the partners in Columbia Heights Clinic are in the process of refinancing an industrial bond issue. He requested the City Manager refer them to the City's finanical advising firm and bond counsel. 10. REPORTS Report of City Manager The City Manager's report was submitted in written form and the following items were discussed: Letter From Hilltop City Attorney: The City Manager received a letter today from the Hilltop City Attorney regarding that City's intention to honor its finanical obligations to the City of Columbia Heights. It was noted that the outstanding debt could go as high as $50,000. The Hilltop contract for police and emergency services expires January 1, 1992. If the contract is renewed, payment should be expected by April 1st but may be delayed until July 1st with interest attached until State Aid funds are received. The Finance Director advised that the bills for Hilltop for 1990 services are currently paid but the annual bill for 1991 services has not as yet been made. There is an outstanding bill for cable services and any funds received by Columbia Heights from the cable franchise have not been forwarded to Hilltop for its share of revenue. This has been applied against their balance for Columbia Heights. There are no Shared-Ride funds owing for 1991. No funds have been received from Hilltop for its share of costs from the Metropolitan Waste Control Commission. REGULAR COUNCIL MEETING DECEMBER 9, 1991 PAGE 13 The Public Works Director advised that the MWCC has not purchased the line servicing Hilltop and the funds they ~are sending to Hilltop should be going to Columbia Heights. Councilmember Nawrocki noted Hilltop may be owing the City of Columbia Heights much more than $50,000. While it is the intent of the City Council to be understanding with the situation in Hilltop, it was agreed that there is a need to be fiscallY~responsible and to protect the best interests of Columbia Heights. Councilmember Ruettimann suggested pursuing some of the City's buildings as collateral on the unpaid debts. Motion by Nawrocki, second by Clerkin to direct the City Manager to take whatever steps are necessary to protect the City's financial interests when dealing with Hilltop. Roll call: Nawrocki, Clerkin, Ruettimann, Peterson - aye Carlson - nay The City Attorney will pursue some alternative solutions for the Council to consider in its dealings with Hilltop. C.D.B.G. Funds - Meals on Wheels: A letter was received from Anoka County ACAAP regarding its insurance requirements for recipients of C.D.B.G. funds. The City Attorney had contacted Anoka County about the risk of Columbia Heights for this organization if it authorizes funds for Meals on Wheels. The letter advised that there is very limited exposure for the City with this type of program. Councilmember Nawrocki recalled that the majority of the people served by this program reside in Columbia Heights. It was noted that the $3,000 was previously authorized so this did not need to be done again, but the City Attorney recommended that a Hold Harmless clause be inserted into the agreement so there is documentation regarding the City's authorization of the program. Overniqht Parkinq in Mill Street Parkinq..LQt: The City Manager stated that have been some problems with vehicles being left parked over night or for extended periods of time in the Mill Street parking lot. This has caused some difficulty with plowing the lot. He noted that the posting of parking prohibitions on other municipal lots has been very effective. Councilmember Ruettimann suggested REGULAR COUNCIL MEETING DECEMBER 9, 1991 PAGE 14 that some of these vehicles may have been intentionally left in the lot by persons who preferred not to drive after consuming alcohol. He recommended that the Community Service Officer, who would be working a party at Murzyn Hall, could be alerted if this is the intention of a vehicle owner and make arrangements so it would not be towed. Councilmember Nawrocki noted that some of the vehicles are left in the lot for some time and perhaps belonged to residents in the area. Mayor Carlson requested this be an issue to be addressed at a Council work session. b. Report of City Attorney The City Attorney had nothing to report at this time. ADJOURNMENT Motion by Ruettimann, second by Nawrocki to adjourn the meeting at 10:55 p.m. Roll call: All ayes o-/~nhne Student;~ Council Secretary Mayor Edward M. Carlson