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HomeMy WebLinkAboutApril 26, 1993OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING APRIL 26, 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: Award of Bid for Top Soil The Council awarded the bid for top soil for 1993 to Brighton Excavating Company of New Brighton, Mn., the lowest, qualified reponsible bidder, at a unit price of $7.50 per cubic yard picked up and $10.00 per cubic yard delivered and also authorized the Mayor and City Manager to enter into an agreement for the same. Authorization to Se]], Salvage, or Dispose of City Property The Council authorized the sale, salvage or disposal of surplus City property as identified on the listing of surplus property dated April 23, 1993. License App]' -ations The Council a~-proved the license applications as listed upon payment of proper fees. Payment of Bills The Council approved the payment of bills as listed out of property funds. APPROVAL OF CONSENT AGENDA Motion by Nawrocki, second by Clerkin to approve the Consent Agenda as presented. Roll ca]]: All ayes 4. APPROVAL OF MINUTES OF PREVIOUS MEETINGS Councilmember Nawrocki requested that any minutes which are corrected be copied for the Council after the corrections are made. Mayor Murzyn felt the corrections should be made upon receipt of the draft agenda so they could be made to the minutes sent out in the agenda packet on the Friday before the Council Meeting. REGULAR COUNCIL MEETING APRIL 27 1993 PAGE 2 Councilmember Nawrocki made the following corrections to the minutes: Board of Review, April 5, 1993: The Continuance of the Board of Review motion should read as follows: Motion by Murzyn, second by Nawrocki to continue the Board of Review to April 19, 1993 at 6:00 p.m. for the purpose of hearing additional information and to consider adoption of the 1993 Property Assessment Rolls. Roll call: All ayes Regular Council Meeting, April 12, 1993: Open Mike re: 4556 Tyler Street - The owner of the apartment building received the citation for snow left in the alley. The contractor did not receive the citation. Motion by Nawrocki, second by Clerkin to approve the minutes as corrected of the April 5, 1993 Board of Review and the Regular Council Meeting of April 12, 1993. Roll call: All ayes o OPEN MIKE/PROCLAMATIONS/PRESENTATIONS a. Proclamations The Mayor read the following proclamations: National Public Works Week - May 16 - 22, 1993 Arbor Day - Arbor Month Goodwill Week b. Open Mike The resident at 691 47th Avenue inquired why the letter she sent to the Mayor had not received a response. She also questioned why it was discussed by supervisory personnel in the Po]ice Department. Mayor Murzyn responded that he viewed her letter as a letter of opinions and felt a response was not expected. He noted that it was the topic of discussion in the Police Department as he was seeking comments regarding the opinions stated in the letter. He received one comment from a sergeant. The resident at 4315 Fifth Street had questions regarding the posting of trespass signs, protective vests for police officers and grandfather~ng of current signs. 6. PUBLIC HEARINGS/ORDINANCES/RESOLUTIONS REGULAR COUNCIL MEETING APRIL 26, 1993 PAGE 3 a. Second Reading of Ordinance NO. 1263, Bei. Pg an Ordinance Amending Ordinance No. 853, City Code of 1977, Pertaining to the Library Board Motion by Murzyn, second by Peterson to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes Motion by Nawrocki to make the following amendments to the ordinance: 3.309(l) add to the end of the paragraph "to serve at the pleasure of the Council." 3.309(2) Line 5 insert between "review" and "by", "and approval." After the word "Library" in line 8 insert "consistent with the adopted administrative policy." 3.309(3) Delete entire paragraph and replace with the following : "The expenditures from the Library Fund shall be made consistent with the Manager's Procedures/Policy Manual and the City Charter." Councilmember Nawrocki noted this change will avoid the need for an amendment in the future if changes in dollars are made. Motion to amend received no second. The motion dies. Motion by Peterson, second by Murzyn to table this item to a Council 'work session. Roll call: All ayes b. First Reading of Ordinance No. 1266, Being an Ordinance Authorizin~ Issuance of up to $735,000 in Refunding General Obligation Tax Increment Refunding Bonds, Series 1993A It is projected that refunding of these bonds would result in a savings of approximately $37,000 depending on the actual market rates at the time of the sale. The date of June 14, 1993 was removed from the ordinance. This date was selected for the Council to consider the sale of the bonds. Counci]member Ruettimann inquired what the advantages to the City would be if these bonds were paid off and the City would be debt free. It was noted there may be delinquencies experienced on the Columbia Heights Business Center and reserve funds may be needed if this situation occurs. REGULAR COUNCIL MEETING APRIL 26, 1993 PAGE 4 Councilmember Ruettimann stated his preference for having this matter considered at a Council work session particularly with regard to future reserves. Councilmember Nawrocki felt the Council should act now to take advantage of the call date. The next call date would be in six months. Councilmember Nawrocki was assured there would be no costs to the City if this refunding did not go through. He requested the total legal costs associated with this refunding. Motion by Nawrocki, second by Clerkin to waive the reading of the ordinance there being ample copies available for the public. Roll call: Nawrocki, Clerkin, Peterson, Murzyn - aye Ruettimann - abstain Mayor Murzyn read Ordinance No. 1266. ORDINANCE NO. 1266 ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF APPROXIMATELY $735,000 GENERAL OBLIGATION TAXABLE REFUNDING BONDS, SERIES 1993A The City of Columbia Heights does ordain: 1. It is hereby determined that: (a) The City is authorized by Minnesota Statutes, Chapter 475 (Act) and Section 475.67, Subdivision 3, of the Act to issue and sell its genera] obligation bonds to refund obligations and the interest thereon before the due date of the obligations, if consistent with covenants made with the holders thereof, when determined by the City Council to be necessary or desirable for the reduction of debt service cost to the City or for the extension or adjustment of maturities in relation to the resources available for their payment; (b) Subdivision 4 of the Act permits the sale of refunding obligations during the six month period prior to the date on which the obligations to be refunded may be called for redemption; (c) It is necessary and desirable to reduce debt service costs that the City issue approximately $735,000 General Obligation Taxable Refunding Bonds, Series 1993A (Bonds) to refund certain outstanding general obligations of the City; REGULAR COUNCIL MEETING APRIL 26, 1993 PAGE 5 (d) The outstanding bonds to be refunded (Refunded Bonds) consist of the $1,100,000 General Obligation Taxable Tax Increment Bond for 1987, Series A, dated August l, 1987, of which $710,000 in principal amount is currently callable August 1, 1993. 2. To provide moneys to refund the Refunded Bonds, the City will issue and sell bonds in the approximate amount of $727,650. To provide in part the additional interest required to market the bonds at this time, additional bonds will be issued in the amount of $7,350. The excess of the purchase price of the bonds over the sum of $727,650 will be credited to the debt service fund for the bonds for the purpose of paying interest first coming due on the additional bonds. The bonds will be issued, sold and delivered in accordance with the Official Terms of Offering. 3. Springsted Incorporated negotiated the sale and purchase of the bonds in accordance with the foregoing terms with Miller & Schroeder Financial, Inc. The City Council will meet to consider the sale of the bonds and take any other appropriate action with respect to the bonds. 4. This ordinance shall be in full force and effect from and after thirty (30) days after its passage. Motion by Nawrocki, second by Clerkin to schedule the second reading .of Ordinance No. 1266 for May 10, 1993. Roll call: Nawrocki, Clerkin, Peterson, Murzyn - aye Ruettimann - abstain c. Second Reading of Ordinance No. 1264; Beinq an Ordinance Amending Ordinance No. 853, City Code of 1977, a Trespass Ordinance Motion by Nawrocki, second by Clerkin to waive the reading of the ordinance there being ample copies available for the public. Roll call: :~]l ayes ORDINANCE NO. 1264 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, A TRESPASS ORDINANCE The City of Columbia Heights does ordain: Section 1: Trespassing upon the land of another' a. No person shall intentionally trespass upon ? e land REGULAR COUNCIL MEETING APRIL 26, 1993 PAGE 6 of another and/or, without claim of right, refuse to depart therefrom on demand of the lawful possessor thereof or the possessor's agent. A demand to depart may be made as follows: (1) Orally or in writing by the lawfull possessor or the possessor's agent; or (2) By conspicuously posting at reasonable intervals signs which prohibit trespass on the affected land; or (3) By conspicuously posting at reasonable intervals signs which prohibit trespass on the affected land during certain hours. b. No person who has received a demand to depart pursuant to clause (1) of paragraph (a.) of this section shall reenter the lawful possessor's land, without the written permission of the lawful possessor or possessor's agent who provided said demand, for a period of up to ninety (90) days from the date of the demand. 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: April 12, 1993 April 26, 1993 April 26, 1993 Offered by: Seconded by: Roll call: Nawrocki Peterson All ayes Mayor Donald J. Murzyn, Jr. Jo-Anne Student, Council Secretary d. First Reading of Ordinance No. 1265; Being an Ordinance Amending Ordinance No. 853, City Code of !977, Pertaining to Land Use Violations and Penalties The City Manager advised this ordinance will make this section of the City Code consistent with other sections of the City Code and with State Statute. Councilmember Nawrocki stated his opposition to the increase in the fine. Some discussion followed regarding the fines and the maximum possible days of inprisonment. Motion by Murzyn, second by Nawrocki to table this ordinance. Roll call: All ayes REGULAR COUNCIL MEETING APRIL 26, 1993 PAGE 7 COMMUNICATIONS a. Charter Commission Action Councilmember Nawrocki stated that the Charter Commission has been requested to consider placing the control of the Police Department under the City Manager. Currently, this control has been exclusive to the authority of the Mayor. It has been suggested the problem solving skills of the City Manager be utilized on a day-to-day basis in Police Department affairs. Mayor Murzyn advised this has been the case since January 1, 1992. Councilmember Nawrocki inquired what the present City Manager has been doing to keep current with the Department's affairs. The City Manager responded that he meets regularly with the Police Chief to discuss general affairs. He also has attended the weekly sergeants' meetings. He has had daily contact for the past three weeks regarding department issues and activities. Counci]member Ruettimann noted that he had not received the minutes of the most recent Charter Commission meeting. With the exception of Councilmember Nawrocki, none of the other Counci]members had received them either. The City Manager stated he will keep members of the Council apprised on a timely basis of the policies, changes, goals, day-to-day operation and problems occuring in the Police Department. b. Brooklyn Park Marketing Packet A local realtor gave a marketing packet prepared by the City of Brooklyn Park to Councilmember Nawrocki. The packet contained information regarding the positive aspects of the City and was focused on "selling" the City to potential homeowners and business owners. OLD BUSINESS a. Acceptance of Visa & Mastercard Motion by Clerkin, second by Ruettimann to authorize the Mayor and City Manager to enter into an agreement with Citicorp Card Acceptance Services for the processing of Visa and Mastercard services. Roll call: All ayes REGULAR COUNCIL MEETING APRIL 26, 1993 PAGE 8 o b. Update of Mutual Aid Agreement Motion by Nawrocki, second by C]erkin to authorize the Mayor and City Manager to execute the North Medical Transportation Services Agreement and whatever changes need to be made regarding the Columbia Heights Ambulance Services, Inc. to the City of Columbia Heights in the agreement and that staff further explore the possibilities of the Fire Department doing some transports when the occasion may warrant. Roll call: All ayes c. Alley Surfacing Councilmember Nawrocki inquired if berming is still planned for the end of the alleyway between Reservoir Boulevard and Tyler Street. He received an inquiry from the resident at 3704 Tyler Street. The Public Works Director responded this project is on the project list for this year. NEW BUSINESS a. Letter of Understanding and Hold Harm]ess Agreement This agreement pertains to the Advanced Flex, Inc. Company regarding its code violations. The City Manager reviewed the history this firm has had with the City about code violations. It was noted it is the firm's intention to relocate out of the City by October 31, ]993. Counci]member Nawrocki took exception to the staff's recommendation and feels this firm should be made to comply with ordinances and to pay the penalities applied to their violations of the code. Motion by Peterson, second by Murzyn to authorize the Mayor and City Manager to execute the Letter of Understanding and Hold Harm]ess Agreement with Advanced Flex, Inc. regarding code violations dated April 27, 1993. Roil call: Clerkin, Ruettimann, Peterson, Murzyn - aye Nawrocki - nay b. Authorizaton to Reimburse Conference Expense Motion by Nawrocki, second by Clerkin to concur in the City Manager's authorization for reimbursement of $115 each for Officers Terry Nightingale and Steve Korts and eight Explorers at the Minnesota Law Enforcement Explorer Conference, such money to come from the Police Department budget. Roll call: All ayes REGULAR COUNCIL MEETING APRIL 26, 1993 PAGE 9 c. Purchase of Body Armor Motion by Ruettimann, second by Peterson to authorize a budget appropriation of $3,630 to the Police Department budget for the purchase of body armor with the appropriation coming from the City Council Contingency budget and to establish a five year replacement schedule for the same. Motion by Nawrocki to takle this matter for additional information to include the duration of the manufacturer's warranty being changed to coincide with that of the State and on the disposition of legislation which would require sales not tax being charged on this type of equipment. Motion dies for lack of a second. Roll call: Clerkin, Ruettimann, Nawrocki - abstain. Peterson, Murzyn - aye Councilmember Ruettimann requested that the City Manager and the Police Chief pursue this purchase in a manner that will not require the payment of sales tax. d. Approval of Beautification Proiect Motion by Ruettimann, second by Peterson to receive and file the Beautification Project Plan with expenditures of $4,000 on donations and to accept the contributions received to date in #883. Councilmember Nawrocki's concern is that this item be properly budgeted for and noted it was supposed to be on a Council work session agenda. He also observed that services associated with this project are being provided by City crews which have not been budgeted. It was his opinion that the project will continue long after the volunteer service sources have stopped and the need for funding will be on-going. Councilmember Ruettimann noted the improvements being considered are to be done on City-owned ]and. The Public Works Director felt there will be a trade-off between the work done' by City crews relative to the project and the time saved in park clean up. Roll call: Clerkin, Ruettimann, Peterson, Murzyn - aye Nawrocki - abstain e. Insurance Coverage from May 9, 1993 to May 9, 1994 REGULAR COUNCIL MEETING APRIL 26, 1993 PAGE 10 The Finance Director advised there are no increases in limits from the current policy. Councilmember Nawrocki held the position that some of the liability being recommended is not Justified. Motion by Peterson, second by Ruettimann to authorize the Mayor and City Manager to enter into a contract with American Agency for insurance coverage for 1993/1994 as quoted in their proposal with USF & G, Western World, International, and St. Paul Insurance and other companies; that the coverage will be the same as the City had in 1992/1993 at a cost of $148,437 and, this coverage does not include Public Official E & O or automobile physical damage. Motion by Nawrocki that the general liability and auto liability be removed from the coverage. Motion dies for lack of a second. Roll call: C]erkin, Nawrocki - nay Ruettimann, Peterson, Murzyn - aye f. Change Order #1, Pump Station ~2 Upgrade The City Attorney advised this change order is not viewed as a "payback" situation relative to the Honeywell contract. Councilmember Nawrocki stated there is no place in the Honeywel~l agreement for the City to be responsible for paying for this change order. The City Manager noted this was negotiated into the contract. The Councilmember felt that Honeywell had agreed to retrofit this pump station and now the City has to pay for it and not receive the benefit of any savings. Discussion continued regarding the change order, the City's obligations to supply plans and the City's responsiblity to pay for the work. It was noted that not all of the information regarding this pump station was given to the subcontractor. Motion by Peterson, second by Ruettimann to authorize Change Order #1 in the amount of $12,575 for additional piping and appurtenances due to unforeseen underground conditions at Pump Station #2; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: Clerkin, Ruettimann, Peterson, Murzyn - aye Nawrocki - nay Workers on 37th Avenue REGULAR COUNCIL MEETING APRIL 26, 1993 PAGE 11 30. Councilmember Nawrocki observed some contractors doing work on duplexes east of Central on 37th Avenue without any warning devices. Their vehicles are parked in 'No Parking" areas. The Public Works Director wi]! follow up on this. h. Use of Vactor Councilmember Nawrocki noted that St. Anthony Village is using the City's vactor. He inquired about the relationship between the two cities. The Public Works Director responded a mutual aid arrangement exists between the two cities and Columbia Heights has used the auger from the VillaGe. Me will get additional information regarding this particular situation from Supervisor Jolly. REPORTS a. Report of the City ManaGer The City Manager's report was submitted in written form and the fo]lowing items were discussed: Pierce/Fillmore Street Mousing Area: A planning meeting will be held next week to discuss the problems in this housing area. This area is Grid 8 in the lexicon of the Police Department. City Attorney Activity: Although the activity of the City Attorney's staff is up significantly, the City Manager noted that the budget is right on target for the quarter. 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 11:45 p.m. Roll call: All ayes ~>3~o-A-nne- St'uden t, -~ounc i 1 Secretary