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