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HomeMy WebLinkAboutMay 24, 1993OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING MAY 24, 1993 The Council Meeting was called to order at 7:00 p.m. by Mayor Murzyn. 1. ROLL CALL Nawrocki, Clerkin, Ruettimann, Peterson, Murzyn - present 2. PLEDGE OF ALLEGIANCE 3. CONSENT AGENDA The following items were approved on the Consent Agenda: ADDroval of Minutes of Previous Meetinqs The Council approved the minutes of the Continued Board of Review of April 19, 1993, the Public Improvement Hearing of April 19, 1993 and the Regular Council Meeting of May 10, 1993, as presented and there were no corrections. License Applications The Council approved the license applications as listed upon receipt of proper fees. Payment of Bills The Council approved the payment of bills as listed out of proper funds. 4. APPROVAL OF CONSENT AGENDA Motion by Nawrocki, second by Clerkin to approve the Consent Agenda as presented. Roll call: All ayes 5. OPEN MIKE/PROCLAMATIONS/PRESENTATIONS Mayor Murzyn stated that the Beautification Committee held a Planting Day on Saturday, May 22nd. Many plants and flowers were planted in numerous locations within the City. He noted that all of the work was done by volunteers. James Johnson, 4216 Seventh Street, declared his candidacy for a City Council seat. Barb Karol, 1400 46th Street, a twenty seven year resident of Columbia Heights, stated her concerns regarding what has been happening in her neighborhood for the last several years. Ms. Karol feels this is a dangerous area in which to live and one landlord in particular is responsible for most of the problems which are occurring. REGULAR COUNCIL MEETING MAY 24, 1993 PAGE 2 She has contacted the Attorney General's office regarding control over landlords and their rental policies. She was advised there are no state statutes Governing these types of situations. Ms. Karo] suggested that remedies should be considered by local elected officials. One recommendation she made was to require landlords to do criminal checks on potential tenants. Mayor Murzyn advised there are many activities taking place to improve the conditions in Ms. Karol's neighborhood. Among them are the enforcement of the Housing Maintenance Code, community policing combined with the traditional police patrol, passage of two ordinances which address loud noise and party complaints, installation of street lighting, a neighborhood clean up, monthly landlord meetings, financial assistance for rehabilitation of substandard buildings and a plan for the Sheffield Neighborhood to enhance the area. Cliff Shedlov, 4630 Fillmore Street, suggested that two man squad cars may prove effective when patrolling his neighborhood. Police Chief Mawrhorter responded that this method has proven ineffective when used for patrolling as there are not many situations which develop which require two police officers. Back up squad cars are more cost effective. Bill DeCoursey, 4648 Fillmore Street, is a thirty two year resident and a landlord. He voiced his appreciation for what has been done in his neighborhood and is of the opinion that it is, and will continue to be, effective. Mr. DeCoursey advised his property had been vandalized last December and this was reported to the Police Department. He received no response to the complaint. Staff was requested to follow up on this matter and respond to Mr. DeCoursey and the Council. PUBLIC HEARINGS/ORDINANCES/RESOLUTIONS a o Second Reading of Ordinance No. 1261 Pertaining to Flood Plain Motion by Nawrocki, second by Peterson to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1261 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AS AMENDED, PERTAINING TO FLOOD PLAIN REGULAR COUNCIL MEETING MAY 24, 1993 PAGE 3 bo Ordinance No. 1261 is available in its entirety for public review at the City Manager's office, Mayor's office, Library, Police Department, Recreation Department, Mousing and Redevelopment Authority, Public Works Department and the Assessing Department. Ordinance No. 1261 was offered for passage and final adoption by Councilmember Nawrocki and seconded by Councilmember Peterson. Roll call: All ayes Second Reading of Ordinance No. 1263 Pertaining to the Library Board Motion by Peterson, second by Ruettimann to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes Councilmember Nawrocki had concern with a section in the ordinance which addressed policies of the Library and the authority of the Library Board. He questioned whether policies would be coming before the Council for its concurrence. The City Manager stated that this ordinance was drafted to be in conformance with other ordinances. All policies are to be subject to the Admininstrative Code which are voted on by the Council. Councilmember Nawrocki inquired when members of the Council had last viewed the policies which govern the Library Board. Three members of the Council stated they had never viewed these policies. Councilmember Ruettimann asked the City Attorney to address the Library policies. The City Attorney responded that the present form of the policies coincides with other policies of the City. Motion by Nawrocki to amend the ordinance by striking the last sentence of Section 9, 3.309(2) and replacing with the following: All policies governing the operation of the Library Board shall be subject to approval of the City Council. Motion to amend dies for lack of a second. ORDINANCE NO. 1263 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977 AND PERTAINING TO THE LIBRARY BOARD The City of Columbia Heights does ordain: REGULAR COUNCIL MEETING MAY 24, 1993 PAGE 4 SECTION 1: Chapter 3, Article III, Section 9 of Ordinance 853, City Code of 1977, passed June 21, 1977, which currently reads as follows, to wit: Section 9 LIBRARY BOARD 3.909(1) A Library Board is hereby established which shall consist of five (5) members to be appointed by the Council for a term of three years each. Members shall be residents of the City, and include one member of the Council. 3.309(2) Subject to the provisions of the Charter, the Library Board shall supervise and control the policy, program, use and physical plant of the City Library, including all lands and equipment associted therewith and the setting of levels of service and manpower. The Board shall also recommend improvements for the Library as may be necessary and desirable and shall have the authority to make reasonable administrative rules and regulations governing public use of the Library and its facilities, but shall at all times be subject to the direction and authority of the Council. 3.309(3) The Library Board shall have the power to make expenditures from funds so authorized and budgeted by the Council and approved by the Manager; provided, however, that no single expenditure of an amount in excess of Five hundred dollars ($500.00) shall be made without the specific authorization of the Council, and expenditures of an amount in excess of One thousand dollars ($1,000.00) shall be made in the manner prescribed by the Charter. (a) All monies received or expended shall be accounted for and audited in the General Fund as though the Library were a department under the control of the City Manager or subsidiary manager as delegated. (b) All claims and all bills incurred by the Board shall be presented to the Council for payment and paid in the same manner as other claims against the City are paid. (c) Annually and in proper time, the Board shall approve and recommend to the Council a budget for the coming year and at last semiannual]y, REGULAR COUNCIL MEETING MAY 24, 1993 PAGE 5 the Board shall approve and make a comparison by line item of its performance against the current budget together with recommendations for transfers of funds between line items. is herewith amended to read as follows: Section 9 LIBRARY BOARD 3.309(1) A Library Board is hereby established which shall be composed of five (5) members to be appointed by the Council. One Library Board member shall be a member of the City Council, whose term on the Library Board shall run concurrently with their City Council term. The remaining four Board members shall serve three year terms. Members shall be residents of the City of Columbia Heights. 3.309(2) The Library Board is hereby established to supervise and control the policy, program, use and physical plant of the City Library, including all lands and equipment associated therewith and the setting of levels of service and manpower. The Board shall also recommend improvements for the Library as may be necessary and desirable and shall have the authority to make reasonable administrative rules and regulations, including the setting of fees, governing public use of the Library and its facilities, but shall at all times be subject to the direction and authority of the Council. All the Library policies and programs shall be in accordance with the policies approved by the City Council. 3.309(3) The Library Division Head shall have the power to make expenditures from funds so authorized and budgeted by the Council and approved by the Manager; provided however, that no single expenditure of an amount in excess of seven hundred fifty dollars ($750.00) shall be made without the specific authorization of the City Manager, and expenditures of an amount in excess of three thousand dollars ($3,000.00) shall be made in the manner prescribed by the Charter. (a) All monies received or expended shall be accounted for and audited in the Library Fund as though the Library were a department under the control of the City Manager or subsidiary manager as delegated. REGULAR COUNCIL MEETING MAY 24, 1993 PAGE 6 (b) All claims and all bills incurred by the Board shall be presented to the Council for payment and paid in the same manner as other claims against the city are paid. (c) Annually and in proper time, the Board shall approve and recommend to the Council a budget for the coming year and at least semiannually, the Board shall approve and make a comparison by line item of its performance against the current budget together with recommendations for transfers of funds between line items. SECTION 2: This Ordinance shall be in full force and effect from and after thirty (30) days after is passage. First Reading: Second Reading: Date of Passage: April 12, 1993 May 24, 1993 May 24, 1993 Offered by: Seconded by: Roll call: Peterson Ruettimann Clerkin, Ruettimann, Peterson, Murzyn - aye Nawrocki - nay Mayor Donald J. Murzyn, Jr. Jo-Anne Student, Council Secretary Resolution No. 93-21Pertaininq to Police Relief Consolidation 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 Councilmember Ruettimann had understood that the actuarial analysis would have been available by now. The City Manager explained the four steps in the process preparing for the final approval of the consolidation. This process will take about ninety days before the issue is returned to the Council for consideration of the final approval. REGULAR COUNCIL MEETING MAY 24, 1993 PAGE 7 RESOLUTION NO. 93-21 RESOLUTION GRANTING PRELIMINARY APPROVAL TO THE CONSOLIDATION PROCESS OF THE COLUMBIA HEIGHTS POLICE DEPARTMENT RELIEF ASSOCIATION, PAID DIVISION, WITH THE PUBLIC EMPLOYEES RETIREMENT ASSOCIATION OF MINNESOTA WHEREAS, the membership of the Columbia Heights Police Department Relief Association, Paid Division, conducted a membership referendum pursuant to the procedures for local relief association consolidation with P.E.R.A. Police and Fire, under the laws of the State of Minnesota, 1987, Chapter 296; WHEREAS, a majority vote of the membership favored continuing the consolidation process; WHEREAS, prior to final municipal approval of the consolidation, various state agencies and commissions will conduct analysis and forward the findings to the municipality for final municipal approval. NOW, THEREFORE, BE IT RESOLVED, that the City of Columbia Heights City Council grants preliminary approval to continuing the consolidation process of the Columbia Heights Police Department Relief Association, Paid Division, with the Public Employees' Retirement Association of Minnesota Police and Fire. Passed this 24th day of May, 1993. Offered by: Seconded by: Roll call: Murzyn Ruettimann All ayes Mayor Donald J. Murzyn, Jr. Jo-Anne Student, Council Secretary d o Resolution No. 93-20; Agreement with Reqional Transit Board 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 The Assistant to the City Manager was requested to contact Anoka County and the cities of Fridley and Hilltop and the Traveller regarding additional local funding from them. REGULAR COUNCIL MEETING MAY 24, 1993 PAGE 8 RESOLUTION NO. 93-20 RESOLUTION OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA, GRANTING AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH THE REGIONAL TRANSIT BOARD FOR PARA-TRANSIT ASSISTANCE SERVICE FUNDS WHEREAS, the City of Columbia Heights has been operating a para-transit program called Shared Ride since December i, 1978, with para-transit assistance funds from the Minnesota Department of Transportation; and WHEREAS, in February of 1986, the Regional Transit Board assumed responsibility for the transit programs in the seven- county metropolitan area that had previously been administered by the Minnesota Department of Transportation; and WHEREAS, in December, 1990, the Shared Ride Program was expanded to include the City of Fridley and a Transfer Coordination Point at Northtown Shopping Center; and WHEREAS, the Shared Ride Program has demonstrated to be serving a substantial portion of the population and shows a continuing need for this service. NOW, THEREFORE, BE IT RESOLVED that the City of Columbia Heights enter into an agreement with the Regional Transit Board, to provide a public transportation service in the City of Columbia Heights and certain points outside of the city limits, Hilltop, Frid]ey, and Northtown Shopping Center for fiscal year 1994; and BE IT FURTHER RESOLVED that the continuation of the expanded Shared Ride Program is contingent upon funding of 40 percent of the total operating cost of the transit project through any combination of local funds; and BE IT FURTHER RESOLVED that the City of Columbia Heights shall continue to administer the Shared Ride Program; and BE IT FURTHER RESOLVED that authorization to execute the 1994 aforementioned agreement is hereby given to the Mayor and City Manager; and BE IT FURTHER RESOLVED that the City Manager and the Assistant to the City Manager are hereby authorized to execute requests for reimbursements from the Regional Transit Board. Passed this 24th day of May, 1993. REGULAR COUNCIL MEETING MAY 24, 1993 PAGE 9 Offered by: Seconded by: Roll call: Ruettimann Peterson All ayes Mayor Donald J. Murzyn, Jr. o Jo-Anne Student, Council Secretary COMMUNICATIONS a. Planning and Zoning Commission Conditional Use Permit - Robert Proft, 4911 Central Avenue Northeast Mr. Proft is making this conditional use permit and variance request on behalf of Mr. Glynn, a prospective buyer of his property at 4911 Central Avenue. Mr. Glynn is interested in purchasing this property where he will reside in the house and operate his business out of the accessory building on the rear of the property. Mr. Proft had received a conditional use permit in 1985 on this property with the stipulation that it not be transferable and he must reside in the house. The City Attorney advised that approval of this request would not set a precendent as was thought by the Planning & Zoning Commission. He noted that each situation is judged on its own merits relative to a home occupation. Motion by Ruettimann, second by Peterson to approve the conditional use permit and variance for 4911 Central Avenue Northeast, this approval pertains only to Mr. Glynn and cannot be transferred, that signage be limited to existing signage, and that the conditional use permit be made concurrent with Mr. Glynn's residency on the property. Roll call: All ayes 2. Conditional Use Permit - K-Mart, 4747 Central Avenue Motion by Murzyn, second by Peterson to approve the conditional use permit to allow the erection of a tent in the southwest corner of the K-Mart parking lot form June 2 - 8, 1993 provided a $500 check is deposited with the City prior to the tent erection. Roll call: All ayes Temporary Sign Request - Central Floral, 4453 Central Avenue REGULAR COUNCIL MEETING MAY 24, 1993 PAGE 10 Motion by Nawrocki, second by Clerkin to approve the temporary signage for 4453 Central Avenue not to exceed thirty days provided a check in the amount of $100 is submitted to the License Clerk prior to installation of the signage. Roll call: All ayes b. Charter Change Councilmember Nawrocki, who serves on the Charter Commission, advised that the Commission will be evaluating information regarding a possible charter change. The change will place the Police Department under the jurisdiction of the City Manager. c. Petition Procedures and Language Councilmember Nawrocki stated some consideration will be given to clarifying the language necessary for a petition initiated by the electorate and for any action which will be required of the City Council to facilitate a referendum. He requested the City Attorney be available to work with petitioners. 8. OLD BUSINESS There was no old business. 9. NEW BUSINESS a. Award of Sealcoat Bids - Project 9301 Motion by Murzyn, second by Nawrocki to award Project 9301 - 1993 Sealcoating Area 1 (northwest quadrant) to Bituminous Roadways, Inc. based on their low responsible bid of $65,329.15 with funds to be appropriated from Fund #415, Assessable PIR Fund; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: All ayes b. Advertising at Top Valu Councilmember Nawrocki felt the papers selected for advertising have attracted some social non-conformists in the past. He preferred to advertise in papers where this type of problem patron would not be focused on. Councilmember Peterson agreed and wants to look at alternatives for advertising. Motion by Nawrocki, second by Peterson to deny the request to advertise in the Twin Cities Reader and in the City Pages as requested by the Liquor Operations Manager. Roll call: Nawrocki, Peterson - aye Clerkin, Ruettimann, Murzyn - nay Motion fails REGULAR COUNCIL MEETING MAY 24, ]993 PAGE ll Motion by Ruettimann, second by Clerkin to authorize the Mayor and City Manager to enter into an agreement with the Twin Cities Reader for advertisements of liquor store merchandise and hours, at a cost not to exceed $2,500 and to enter into an agreement with the City Pages for advertisements of liquor store merchandise and hours, at a cost not to exceed $2,500. Roll call: Clerkin, Ruettimann, Peterson, Murzyn - aye Nawrocki - nay c. Soft Body Armor - Police Department Councilmember Nawrocki stated that the additional information he had requested still does not satisfy his inquiries. He also noted that since body armor is not required to be worn by our Police Department perhaps there is no valid reason for authorizing its purchase. Motion by Murzyn, second by Ruettimann to accept the quotation from Uniforms Unlimited of ten point blank FC20HL soft body armor vests at the low quotation of $408.25 each~ and to authorize police officers to purchase soft body armor vests under this quotation, with $1,340 being appropriated from Fund 42100-5180, Po]ice Department and the remaining $2,742.50 to come from the budget appropriation approved by Council at its April 26, 1993 meeting. Roll call: All ayes Motion by Murzyn, second by Ruettimann to aUthorize the Finance Director to reimburse officers in the amount of $408.25 for the purchase of soft body armor. Roll call: All ayes d. Special Assessments Councilmember Nawrocki advised that Anoka County could handle the administrative duties for the City's special assessments for no charge. Me requested the City Manager to pursue information on this subject, its pros and cons, as well as potential savings. Councilmember Ruettimann inquired if this "no charge" policy would remain for five to ten years in the future. The City Manager responded he will prepare the information requested for the next Council work session. e. City Job Availability Councilmember Nawrocki suggested that information regarding vacancies in City positions be made available in a specific manner for City residents. REGULAR COUNCIL MEETING MAY 24, 1993 PAGE 12 He requested this information include jobs available, desired qualifications and requirements, and where a person could apply. Motion by Nawrocki, second by Ruettimann to direct the City Manager to prepare an affirmative action program for residents of the City regarding hiring for City positions to be presented to the Council. Roll call: All ayes f. Pedestrian Crosswalk - 38th & Stinson Boulevard Councilmember Ruettimann requested information on the status of the proposed crosswalk at 38th and Stinson Boulevard. The Public Works Director advised that the study regarding traffic warrants has been submitted to the State. No response has been received at this time. He also noted that funding is being requested, not approval. Post Office Traffic A letter was received from the Postmaster advising that large trucks cannot and will not be turning into the Post Office property from 44th Avenue. Staff had been requested to pursue this issue after a resident had complained about large truck traffic on Tyler Place. Councilmember Nawrocki suggested that staff review the original permits granted to the Post Office for their building on 44th Avenue. He recalled that the permits stated that large trucks must enter the Post Office rear parking lot from 44th Avenue. h. Library Budqet Councilmember Nawrocki referred to a letter he received regarding the Library's budget deliberations. He noted he had called the Library Board Chair to discuss the budget but she appeared to not be very knowledgeable on the budget. Mayor Murzyn stated the letter was written with the intent to avoid the circus which was experienced before. He noted that the Library Board was given direction to prepare a budget and to maintain the current level of service. REGULAR COUNCIL MEETING MAY 24, 1993 PAGE 13 ]0. REPORTS a. Report of the City Manaqer The City Manager's report was submitted in written form. The June 7th date for a Council work session was verified. b. Report of the City Attorney The City Attorney had nothing to report at this time. ADJOURNMENT Motion by Ruettimann, second by Peterson to adjourn the meeting at 9:50 p.m. Roll call: All ayes ~o-~{~e Student~--Council Mayor~onald J. ~r/~yn,~/~r. Secretary