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HomeMy WebLinkAboutOctober 25, 1993OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING OCTOBER 25, 1993 The Council Meeting was called to order at 7:00 p.m. by Mayor Murzyn. 1. ROLL CALL ~awrocki, Clerkin, Ruettimann, Peterson, Murzyn - present 2. PLEDGE OF ALLEGIANCE 3. CONSENT AGENDA The fo]lowinG items on the Consent AGenda were addressed by the City Council: Minutes of Previous Meeting The Council approved the minutes of the October Il, 1995 Regular Council Meeting as presented. Resolution No. 93-55; Being a Resolution on Unfunded Mandates The reading of the resolution was waived. RESOLUTION NO. 93-55 RESOLUTION ON UNFUNDED MANDATES WHEREAS, unfunded mandates on local government have increased significantly in recent years; WHEREAS, federal and state mandates do not consider local circumstances, costs, or capacity, and subject cities to civil or criminal penalties for noncompliance; WHEREAS, federal and state mandates require compliance regardless of other pressing local needs and priorities affecting the health, welfare, 'and safety of citizens; WHEREAS, federal and state burdens on local governments forces cities to impose a combination of higher local taxes and fees on local taxpayers and/or reduce local services to citizens; WHEREAS, the cumulative impact of these laws and rules directly affect the citizens of our cities; WHEREAS, the League of Minnesota Cities, in collaboration with the National League of Cities, seeks to help citizens understand and then help encourage lawmakers to reduce the burden and inflexibility of unfunded mandates, beginning with a National Unfunded Mandates Day on October 27, 1993; REGULAR COUNCIL MEETING OCTOBER 25, 1993 PAGE 2 NOW, THEREFORE BE IT RESOLVED, that the City of Columbia Heights endorses the League's efforts and those of the National League of Cities and will fully inform our citizens about the impact of state and federal mandates on our local spending and taxes; BE IT FURTHER RESOLVED that the City of Columbia Heights endorses this year of mandate awareness, beginning on October 27 by informing and working with members of our Congressional delegation and our state legislators to educate them about the impact of federal and state mandates and the actions necessary to reduce these burdens on our citizens. Passed this 25th day of October, 1993. Offered by: Seconded by: Roll call: Nawrocki Clerkin All ayes Mayor Donald J. Murzyn, Jr. Jo-Anne Student, Council Secretary Authorization to Accept Community Tree Planting Grant The Council authorized the Mayor and City Manager to accept the Community Tree Planting Grant and that the proceeds from the grant be deposited in Fund 101-00-34408 for use in defraying the costs of diseased tree replacement. License Applications The Council approved the payment of proper fees. license applications as listed upon Payment of Bi]ls The Council approved the payment of bills as listed out of proper funds. APPROVAL OF CONSENT AGENDA Motion by Nawrocki, second by Clerkin to approve the Consent Agenda as discussed. Roll call: All ayes REGULAR COUNCIL MEETING OCTOBER 25, 1993 PAGE 3 OPEN MIKE/PRESENTATIONS/PROCLAMATIONS Daniel Stueland, 1303 43 1/2 Avenue, owns a double bungalow at I237/1239 43 1/2 Avenue. He expressed concern regarding a recent inspection of his rental property. The City Manager advised he had already received a phone call from this landlord and is waiting for the report on the property from the Building Inspector. Motion by Nawrocki, second by Ruettimann to refer this matter to the City Manager for follow up and a report back to the City Council. Roll call: All ayes Two residents of Columbia Heights, Meg Jones and Loren Hame/, visited a home on Fourth Street North in Minneapolis. This home was built by the same contractor who is interested in working on the renovation of some double bungalows in Columbia Heights in the Sheffield Neighborhood. The contractor, Jim Larson, is a member of the team for the Minneapolis Neighborhood Housing, a firm which is in an exclusive negotiating position with the City's HRA. Ms. Jones and Mr. Hamel felt the workmanship and the repair of this house was not acceptable. They showed the Council photos of the house and some of its poor quality construction. Councilmember Nawrocki agreed and noted he had viewed the house and met its owner. The owner stated he was very unhappy with the builder and his lack of response regarding repairs. The City Manager advised that the exclusive agreement ends next week and there will be competitive bidding for the renovation project. He also noted he had requested a complete list of all of the houses this builder had built. Another resident questioned staff regarding the installation of a public address system in the Council Chambers. He also suggested that the Council be more aware of the City's image. His final comment was relative to the removal of some of the pipe in the Jackson Pond project. The Public Works Department Superintendent advised that the pipe was starting to lose its bituminous coating. He felt that in a very short period of time, this could escalate and the results would be devastating. This resident also inquired if there was going to be another Town Meeting regarding the Sheffield Neighborhood. REGULAR COUNCIL MEETING OCTOBER 25, 1993 PAGE 4 o The Mayor responded there was a follow up meeting held with a similar format. He anticipates there will be others. The Mayor requested that notices of all meetings involving the City or City functions be put on cable television. PUBLIC HEARINGS/RESOLUTIONS/ORDINANCES a. Resolution No. 93-52; Joint Powers Agreement with Anoka County for Maintenance of County State Aid Highways and Roads Members of the City Council felt the turn back of County Road 104 was not in the best interest of the City. Motion by Ruettimann, second by Clerkin to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 93-52 RESOLUTION BETWEEN THE CITY OF COLUMBIA HEIGHTS AND THE COUNTY OF ANOKA ESTABLISHING A JOINT POWERS AGREEMENT FOR MAINTENANCE OF COUNTY STATE AID HIGHWAYS WITHIN THE CITY OF COLUMBIA HEIGHTS WHEREAS, Columbia Heights has in the past maintained certain County routes within Columbia Heights under a Joint Powers Agreement; and WHEREAS, the previous agreement stipulated a sum of $3,000 per mile annually to be paid by Anoka County to Columbia Heights for maintenance of these routes; and WHEREAS, Columbia Heights and Anoka County agree that costs have risen and the annual fee should be raised; and WHEREAS, Anoka County has agreed to pay Columbia Heights $4,000 per mile annually from January 1, 1994, to December 31, 1996, and $4,300 per mile annually from January 1, 1997 to December 31, 1998; and WHEREAS, Columbia Heights and Anoka County agree that CR No. 104 no longer serves a Countywide function and should be designated a City street; and WHEREAS, Anoka County has agreed to pay Columbia Heights a maintenance fee for the CR No. 104 of $3,600 per year until December 31, 1996. REGULAR COUNCIL MEETING OCTOBER 25, 1993 PAGE 5 THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights, Minnesota, that a Joint Powers Agreement for Maintenance of County State Aid Highways within the City of Columbia Heights is authorized to be executed by the Mayor and City Manager. Motion by Ruettimann, second by Nawrocki to send this resolution back to staff for reconsideration and reneGotiation. Roll call: All ayes b. Public Hearing on License Revocation, Rental Property at 3911 Tyler Street Northeast The Fire Department Captain reviewed the status of required work on this house. the Dave Nelson, who owns the property, stated what he has already done and what he intends to do to bring this property in to compliance. Discussion continued relative to what is left to make this property in compliance and what time would be realistic for completing all of the work. Motion by Ruettimann, second by Peterson to continue this hearing until the second City Council in June, 1994, subject to the rear steps, deck and parking pad being completed in thirty days. Councilmember Peterson recommended that the.steps and deck not be painted for one year as they are constructed with treated~ lumber. He offered to meet with the owner next evening. Roll call: All ayes OLD BUSINESS Violation fo Cable Franchise Regarding MTS Stereo - Request for Variance Motion by Murzyn, second by Ruettimann to concur with the findings of the Columbia Heights/Hilltop Cable Commission, and grant a variance to Meredith Cable Company to extend the deadline for implementation of stereo sound on all channels capable of being transmitted in stereo to April 1, 1994, contingent upon the followtnG~ in return for the variance, Meredith Cable Company will provide a video toaster for the local cable access studio including training for two city staff members, a television, VCR, and stand will be Given to the City of Columbia HeiGhts to use where they see fit, and Meredith Cable Company will provide video tape to parents in REGULAR COUNCIL MEETING OCTOBER 25, 1993 PAGE 6 a child ID program to be held in conjunction with the Police Department. Roll call: All ayes Authorization to Seek Bids for the Instal. lation of an Elevator and Unisex Restroom at the Columbia Heights Public Library Motion by Murzyn, second by Peterson to authorize Gary Larson, Architect, Inc. to proceed with the preparation of bid specifications and the seeking of bids for the installation of an elevator and unisex restroom at the Columbia Heights Public Library. Roll call: All ayes c. Resolution No. 93-53; Being a Resolution Establishing Amount of City Share and Amount of Special Assessments on Projects to be Levied Motion by Murzyn, second by Ruettimann to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 93-53 BEING A RESOLUTION ESTABLISHING AMOUNT OF CITY SHARE AND AMOUNT OF SPECIAL ASSESSMENTS ON PROJECTS TO BE LEVIED WHEREAS, the City Council of the City of Columbia Heights by motion on the 23rd day of August, 1993, ordered a special assessment hearing to levy the cost of improvement, and WHEREAS, the following projects will be specially assessed on November 29, 1993, and a portion of the costs may be borne by the City, NOW, THEREFORE, BE IT HEREBY RESOLVED, pursuant to Minnesota Statutes 429.061, and City Code 4.103, that the breakdown is as follows; PIR PROJECT 886 Sealcoat NWl/4 Area I CITY OF HILLTOP $4,621.73 SPECIAL FUND CITY $24,131.46 GENERAL FUND ASSESSMENT TOTAL $1,853.20 $124,974.56 .$155,580.95 REGULAR COUNCIL MEETING OCTOBER 25, 1993 PAGE 7 Passed this 25th day of October, 1993. Offered by: Seconded by: Roll call: Murzyn Ruettimann All ayes Mayor Donald J. Murzyn, Jr. Jo-Anne Student, Council Secretary d. Resolution No. 93-54; Being a Resolution Certifying Delinquent Assessments Motion by Ruettimann, second by Murzyn to waive the reading of the resolution there being ample' copies available for the public. Roll call: All ayes RESOLUTION NO. 93-54 CERTIFICATION OF DELINQUENT ASSESSMENTS BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, that THE COUNTY AUDITOR be, and he is hereby directed, to levy the delinquent special assessments, delinquent utility, inspection fees, shade tree and weed charges on the properties in the City of Columbia Heights as submitted on the attached pages and filed in the Assessment Book for 1993 totaling $44,691.88. BE IT FURTHER RESOLVED that the foregoing amounts shall be included in the individual real estate tax statements for the current year and identified thereon as NSpecial Assessment - Fund #82134. SAID LEVIES shall be enforced and collected in the manner provided for the enforcement and collection of State and County taxes under and in accordance with the provisions of the general laws of the State. All assessments with penalties and interest as indicated thereon paid to the County Treasurer shall belong to the City of Columbia Heights and shall be turned over to the City Treasurer in the manner provided by the City Charter and Ordinances. THE CITY OF COLUMBIA HEIGHTS shall accept payments on these levies until October 15, 1993. Upon receipt of said payments the County will be notified to remove this levy from the tax rolls. REGULAR COUNCIL MEETING OCTOBER 25, 1993 PAGE 8 Passed this 25th day of October, 1993. Offered by: Seconded by: Roll call: Ruettimann Murzyn Ail ayes Mayor Donald J. Murzyn, Jr. Jo-Anne Student, Council Secretary f. Resolution No. 93-56; Labor Agreement Between the City of Columbia Heights and the International Association of Firefighters, Local No. 1216 Motion by Ruettimann, second by Peterson to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 93-56 REGARDING LABOR AGREEMENT BETWEEN THE CITY OF COLUMBIA HEIGHTS AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL NO. 1216 Be it hereby resolved by the City Council of the City of Columbia Heights that: WHEREAS, negotiations have proceeded between the International Association of Firefighters, Local 1216, representing firefighters of the City's Fire Department, and members of the City negotiating team, and said negotiations resulted in an impasse between the parties of the following issues as certified by the Minnesota Bureau of Mediation Services= 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. Strikes & Lockouts -- New, Article 4 Rules & Regulations -- New, Article 5.1 Vacation -- Usage -- Article 9.4 Call Outs -- Right to Respond -- New, Article 11.1 Call Outs -- Minimum Hours -- Article 11.2 Overtime -- Offering of Shifts -- New, Article 11.5 Overtime -- Distribution -- Article 11.6 Court Time -- Minimum and Rate -- New, Article 11.7 Stand-by -- Minimum and Rate -- New, Article 11.7 Working out of class -- Eligibility -- New, Article 12.1 Vacation -- Accrual pay -- Article 13.2 Severance Pay -- Qualification -- Article 14.8 Severance Pay -- Amount -- Article 14.8 Holidays - Rate of Pay -- Article 16.1 Holidays - Time Off -- Article 16.2 REGULAR COUNCIL MEETING OCTOBER 26, 1993 PAGE 9 16. 17 18 19 20 21 22 23 Health Insurance -- Employer Contribution -- Article 18.1 Education Incentive -- Delete -- Article 20.1 Uniforms -- Original Issue -- Article 21.1 Uniforms -- Allowance -- New, Article 21.2 Training & Drill -- Rate of Pay -- New Wage Progression -- Effective Date -- Article 24.4 Deferred Compensation-Employer Cont-Article 24.5 Wages -- 1993 & 1994 -- Article 24.1 WHEREAS, an arbitrator was determine such issues; and, selected by the parties to WHEREAS, at the time of the arbitration hearing, by stipulation of the parties, all of the issues were withdrawn except for Issue Numbers 16, 18, 19, 22, and 23, which were left for decision by the arbitrator, and WHEREAS, the arbitrator hearing resulted in the following effective January 1, 1993, for Local 1216, Firefighters, of: Insurance: Employer contribution per employee, including dependent coverage 1993: $260; 1994: $270. Uniforms: Original Issue; No Change. Uniform Allowance: No Change. Employer provided uniforms. Deferred Compensation: City will contribute $1 per permanent and probationary full time employee toward the State Deferred Compensation Program for every $1 contributed by such employee. 1993: $300; 1994: $300. Wages: 1993: 2.75%; 1994: 3%. BE IT FURTHER RESOLVED that the Mayor and City Manager are hereby authorized to enter into a contract with Local 1216 - Firefighters, effective January 1, 1993 - December 31, 1994, in accordance with the arbitrator's award, and such contract is available for inspection at the Office of the City Manager. Passed this 25th day of October, 1993. Offered by: Seconded by: Roll call: Ruettimann Peterson All ayes Mayor Donald J. Murzyn, Jr. Jo-Anne Student, Council Secretary. g. Second Reading of Ordinance No. 1277, Pertaining to Licensinq of Gasoline Stations REGULAR COUNCIL MEETING OCTOBER 25, 1993 PAGE 10 Motion by Ruettimann, second by Peterson to waive the reading of the ordinance th%re being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1277 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977 PERTAINING TO LICENSING OF GASOLINE STATIONS The City Council of the City of Columbia Heights does ordain: Section 1: Section 5.208 (1-6) of Ordinance No. 853, City Code of 1977 which reads as follows, to wit: 5.208(1) No person shall engage in or conduct the business of operating a gasoline filling station without a license issued pursuant to the provisions of this chapter. 5.208(2) Applicants for a license under this section shall indicate on the application the number of gasoline Pumps to be installed on the premises. 5.208(3) The Clerk shall forward the application to the Chief of the Fire Prevention Bureau for a report indicating whether the proposed operation will be in compliance with ail provisions of the Fire Prevention Code 5.208(4) An applicant under this section shall furnish the Clerk with a bond in the sum of $10,000 to indemnify and save harmless the City from and against any claims, damage or expense against the City by reasons of the maintenance and operation of a gasoline filling station on any portion of a public street, sidewalk or public way. . .... 5.208(5) No licensee under this section or his agent or employee, shall fill or allow to be filled, the gasoline tank of any motor vehicle while the engine or motor of such vehicle is running or in motion, or while any person is smoking in or about the pump area of the gasoline filling station. 5.208(6) No licensee under this section, or his agent or employee, shall deceptively mislead customers by displaying false or incomplete price figures on signs that are designed to indicate the price of gasoline. is herewith amended to read as follows, to wit:. REGULAR COUNCIL MEETING OCTOBER 25, 1993 PAGE ll 5.208(1) No person shall engage in or conduct the business of operating a gasoline filling station without a license issued pursuant to the provisions of this chapter. 5.208(2) Applicants for a license under this section shall indicate on the application the number of gasoline pumps to be installed on the premises. 5.208(3) The Clerk shall forward the application to the Chief of the Fire Prevention Bureau for a report indicating whether the proposed operation will be in compliance with all provisions of the Fire Prevention Code. 5.208(4) No licensee under this section, or his agent or employee, shall fill or allow to be filled, the gasoline tank of any motor vehicle while the engine or motor of such vehicle is running or in motion, or while any person is smoking in or about the pump area of the gasoline filling station. 5.208(5) No licensee under this section, or his agent or employee, shall deceptively mislead customers by .displaying false or incomplete price figures on signs that are designed to indicate the price of gasoline. 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: October 11, 1993 October 25, 1993 October 25, 1993 Offered by: Seconded by: Roll call: Peterson Ruettimann All ayes Mayor Donald J. Murzyn, Jr. Jo-Anne Student, Council Secretary h. First Readin~ of Ordinance No. 1280; Being an Ordinance Amendina Chapter 5, Sections 35 through 46 of the Charter of the City of Columbia Heights Pertaining to Referendum and Referendum Petitions Motion by Ruettimann, second by Peterson to table this item to the next Council work session. Councilmember Ruettimann felt some of the language in the ordinance needed changing and the ordinance needed further discussion. Roll call: All ayes REGULAR COUNCIL MEETING OCTOBER 25, 1993 PAGE 12 10. COMMUNICATIONS There were no communications. OLD BUSINESS There was no additional old business. NEW BUSINESS a. Request for Waiver of Construction Permit Fee for 1002 Gould Avenue Habitat for Humanity is building a house at 1002 Gould Avenue. A waiver of the construction permit fee is being requested as this organization is non-profit. Staff findings are that other cities have not waived the fee for this organization with the exception of one which reduced the fee by 50%. Councilmember Nawrocki noted that the City had donated the lot, which was valued at $20,000, for this home and that there is no commitment that a Columbia Heights family will occupy it. Motion by Clerkin, second by Nawrocki to deny the request from Twin Cities Habitat for Humanity for a waiver of a construction permit fee for 1002 Gould Avenue. Roll call: Nawrocki, Clerkin - aye Murzyn - nay Ruettimann, Peterson - abstain Motion fails Motion by Peterson, second by Ruettimann to discount the permit fee by 50% for 1002 Gould Avenue. Ruettimann, Peterson, Murzyn - aye Nawrocki, Clerkin - nay Motion passes b. Joint Powers Agreement - Line/Rep.lace Storm Sewer Outfall Extending from Argonne Drive.to Tertiary Pond, Pro]ect ~ 9123 Motion by Ruettimann, second by Murzyn to approve the Joint Powers Agreement with the City of New Brighton to line/replace the storm sewer outfall extending from Argonne Drive to Tertiary Pond. Roll call: All ayes REPORTS a. Report of the City Manager The City Manager's report was submitted in written form and the following item was discussed: REGULAR COUNCIL MEETING OCTOBER 25, 1993 PAGE 13 Sewer Service Problem: The sewer service line failed in a home recently purchased in Columbia HeiGhts. The anticipated costs to correct this problem are expeced to be $5,000. The owner has been referred to the HRA to pursue a rehab Grant or a low interest loan. ADJOURNMENT Motion by Ruettimann, second by Clerkin to adjourn the meeting at 10:05 p.m. Roi! call: All ayes 0-Anne Student~ Council Mayor onald J. Mu~'z~'n, ~. Secretary