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HomeMy WebLinkAboutJune 27, 1994OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING JUN~ 97. 1994 The Council Meeting was called to order at 7:00 p.m. by Mayor Sturdevant. 1. pOLL CALL Jolly, Nawrocki, Ruettimann, Peterson, Sturdevant - present 2. PLEDGE OF ALLEGIANCE 3. CONSENT AGENDA The following items on the Consent Agenda were approved: Minutes of Previous Meeting The Council approved the minutes of the Regular City Council Meeting of June 13, 1994. Block Party Request -.Wielinski. 4047 Sixth Street The Council approved the block party request of Lois Wielinski, 4047 Sixth Street, to barricade Sixth Street from 40th to 41st Avenues from 7:00 p.m. to midnight on August 6, 1994 for the purpose of conducting a block party with an alternate date of August 13, 1994, if it rains. Joint Powers Agreement with Fridley for Sealcoating of CQrporate Limit Streets The Council approved the Joint Powers Agreement with Fridley for participation in the sealcoating of the corporate limit streets and authorized the Mayor and City Manager to enter into an agreement for the same. LiC~Dse Applications The Council approved the license applications as listed upon payment of proper fees. Payment of Bills The Council approved the payment of bills as listed out of proper funds. 4. A~pROVAL OF CONSENT AGENDA Motion by Nawrocki, second by Jolly to approve the Consent Agenda as presented. Roll call: All ayes 5. OPEN MIKE/PRESENTATIONS There was no one present for Open Mike. REGULAR COUNCIL MEETING JUNE 27, 1994 PAGE 2 Meg Jones was selected as the Humanitarian of the Year by the Human Services Commission. Patrice Seawell, Co-Chair of the Commission, presented a plaque to Ms. Jones. Barb Karol and MarilynPeters commented on the reasons Ms. Jones was selected for this recognition. Councilmember Nawrocki commended the members of the Human Services Commission for their efforts relative to this award. 6. PUBLIC HEARINGS/ORDINANCES/RESOL~IONS a. First Reading - Ordinance No. 1290. Revising Ordinance No. 1261. Pertaining to Flood Plaid Motion by Nawrocki, second by Jolly to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes ORDINANCE NO. 1~90 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1261, AS AMENDED, PERTAINING TO FLOOD PLAIN The City of Columbia Heights does ordain: Section 1: That Chapter 9, Article 302.2 of Ordinance No. 1261, City Code of 1977, shall hereafter be amended to read as follows: 9.302.2 GENERAL PROVISION Establishment of Official Zoning Map: The Official Zoning Map together with that certain Letter of Map RevisioD da~ed February 16. 1993 and all materials attached thereto is hereby adopted by reference and declared to be part of this Ordinance. The attached material shall include the Flood Insurance Study for the City prepared by the Federal Insurance Administration dated March, 1978, and the Flood boundary and Floodway MaD and Flood Insurance Rate Map datedSeptember 29, 1978 therein. The official Zoning Map shall be on file in the Office of the City Clerk and the Zoning Administrator. Section 2: That Chapter 9, Article 311.13 of Ordinance No. 1261, city Code of 1977, shall hereafter be amended to read as follows: REGULAR COUNCIL MEETING JUNE 27, 1994 PAGE 3 9.311.13 NONCONFORMING USES The cost of any structural alterations or additions to any nonconforming structure over the life of the structure shall not exceed 50 percent of the market value of the structure unless the conditions of this Section are satisfied. The cost of all Structural alterations and additions constructed since the adoption of the Community's initial flood plain controls must be calculated into today's current costs which will include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the current cost of all previous and proposed alterations and additions exceeds 50 percent of the current market value of the structure, then the structure must meet the standards of Section' 9.304.0 or 9.305.0 of this Ordinance for new structures depending upon whether the structure is in the Floodway or Flood Fringe, respectively. Section 3: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: June 27, 1994 Motion by Nawrocki, second by Jolly to schedule the second reading of Ordinance No. 1290 for July 11, 1994 at 7:00 p.m. Roll call: All ayes b. Resolution No. 94-37; Authorizing the Purchase of GrQshong/Sheffield Property Purchase Motion by Peterson, second by Nawrocki to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 94-37 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA, AUTHORIZING THE PURCHASE OF VARIOUS RESIDENTIAL PROPERTIES LOCATED IN THE SHEFFIELD NEIGHBORHOOD WHEREAS, the City Council of the city of Columbia Heights (the "City") and the Housing and Redevelopment Authority in and for the City of Columbia Heights (the "Authority") have been working jointly to prepare a Redevelopment Plan for the Sheffield Neighborhood entitled "The Sheffield Neighborhood Revitalization Program (the "Redevelopment Plan"); and REGULAR COUNCIL MEETING JUNE 27, 1994 PAGE 4 WHEREAS, the City and the Authority have found within the Sheffield Neighborhood there exists conditions of deterioration, substandard residential structures, residential units in need of compulsory repairs which are in violation of the City Housing Code and City Ordinances and there exists a need for intervention by the public sector to prevent further deterioration of the area; and, WHEREAS, the City has an option to acquire one such non-owner occupied duplexes pursuant to that certain Purchase Agreement by and between the City of Columbia Heights and Larry and Janice Groshong (the "Sellers") and the Purchase Agreement was signed by the Sellers and is provided herewith; and WHEREAS, the City and the Authority are working jointly to finalize a budget and a source of permanent funds to acquire the real property to be conveyed by the Sellers to the City according to the terms of the Purchase Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that: 'The City Council hereby approves the terms of the Purchase Agreement and authorizes the Mayor and City Manager to sign it on behalf of the City at a purchase price of $65,000. The City Council hereby authorizes the City Manager to handle all the requirements and conditions in order for the City to completethe transaction contemplated in the Purchase Agreement· The City Council approves an interim source of funding from Capital Improvement Fund 410 in the amount of $65,000, plus $2,000 so the City may acquire the real property as provided in the Purchase Agreement. The City Manager is authorized to work jointly with the Authority to identify a permanent source of project funding. REGUI2~R COUNCIL MEETING JUNE 27, 1994 PAGE 5 Se The Interin Sources will be repaid at such time when sources of permanent financing for the costs identified in the Redevelopment Plan have been received bythe City. Passed this 27th day of June, 1994. Offered by: Seconded by: Roll call: Peterson Ruettimann Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary c. Resolution No. 94-38: Approving Application for MHFA Qapacity Building Grant Program The City has been invited by the Minnesota Housing Finance Agency (MHFA) to apply for the MHFA Capacity Building Grant Program. The City Manager addressed what this program would do for the City. The City's share for this grant will be incorporated into the 1995 budget. Motion by Nawrocki, second by Peterson to waive the reading of the resolution there being ample copies available for the public. Roll call: Ail ayes RESOLUTION NO. 94-38 RESOLUTION OF CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, APPROVING APPLICATION OF MINNESOTA HOUSING FINANCE AGENCY (M~FA) FOR A GRANT OF $10,000 FROM THE MHFACAPACITY BUILDING GRANT PROGRAM WHEREAS, the City of Columbia Heights has been invited and encouraged to apply to the Minnesota Housing Finance Agency (MHFA) for a grant from the MHFA Capacity Building Grant program; and WHEREAS, an application for such grant funds has been prepared by HRA staff on behalf of the City; and WHEREAS, this program is a competitive program under which only one in five applications is funded and those with matching funds are more likely to be funded; and WHEREAS, the City desires to have housing related planning completed, as included in the application; REGULAR COUNCIL MEETING JUNE 27, 1994 PAGE 6 NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Columbia Heights, Minnesota that: The City Council approves City application for up to $10,000 of funds from MHFA through its Capacity Building Grant Program. The City hereby agrees that the City will provide as a match, providing the grant is funded, of up to $4,560 of cash and $2,650 or "in-kind" services and supplies as included in the subject application. The Mayor and City Manager are authorized to sign the necessary MHFA Capacity Building Grant Program application and the documents for implementation of the program when the grant is received through the MHFA. Passed this 27th day of June, 1994. Offered by: Seconded by: Roll call: Nawrocki Peterson Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary d. Resolution No. 94-39: Shared Ride Program Paratransit Assistance Service FUD~s Motion by Nawrocki, second by Jolly to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 94-39 RESOLUTION OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA, GRANTING AUTHORIZATION TO ENTER INTO ANAGREEMENT WITH THE MET COUNCIL FOR PARA-TRANSIT ASSISTANCE SERVICE FUNDS WHEREAS, the City of Columbia Heights has been operating a 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 has previously been administered by the Minnesota Department of Transportation; and REGULAR COUNCIL MEETING JUNE 27, 1994 PAGE ? WHEREAS, upcoming changes in the governance structure will transfer responsibility for the transit programs in the seven county metropolitan area to the Met Council on or around October, 1994. 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 Met Council to provide a public transportation service in the City of Columbia Heights and certain points outside of the city limits, and Hilltop for the periods of January 1, 1995 to June 30, 1995, and July 1, 1995 to June 30, 1997, and BE IT FURTHER RESOLVED that the continuation of the 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 aforementioned agreements is hereby given to the Mayor and City Manager; and BE IT FURTHER RESOLVED that the City Manager and Assistant to the City Manager are hereby authorized to execute requests for reimbursements to the Met Council. Passed this 27th day of June, 1994. Offered by: Seconded by: Roll call: Nawrocki Jolly Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary REGULAR COUNCIL MEETING JUNE 27, 1994 PAGE 8 CERTIFICATION I hereby certify that the aforegoing resolution is a true and correct copy of the resolution presented to and adopted by the City Council of the City of Columbia Heights, at a duly authorized meeting thereof held on the 27th day of June, 1994, as shown by the minutes of said meeting in my possession. William J. Elrite, City Clerk 7. COMMUNICATIONS a. Planning & Zoning Commission 1. Conditional Use Permit - Amy Ferman. 4040 Central Avenue Ms. Ferman is requesting a conditional use permit to operate a pool/billiard hall at 4040 Central Avenue. Councilmember Nawrocki observed that when Ms. Ferman .initially approached the Council regarding her proposed business she had the sole interest in the business. He has now observed that there is a corporation. Ms. Ferman was advised by her attorney to form a corporation as this was abetter way to do business. She stated she is the only person in the corporation. Councilmember Nawrocki inquired if there is any involvement in the business by any other person. Ms. Ferman responded there was no one else. Discussion continued regarding the potential for selling of stock in the corporation and the City's not being informed if any other parties would have direct involvement in the business. The City Attorney requested time during the meeting to research the statutes regarding some of the issues brought up. Motion by Nawrocki, second by Jolly to defer this matter until later in the meeting for additional information. Roll call: All ayes REGULAR COUNCIL MEETING JUNE 27, 1994 PAGE 9 8. OLD BUSINESS a. Approval of Plans for 52nd Avenue Floodway Improvement and Clover Pond Diversions - Projec% #9112 The Public Works Director reviewed the alternative solution which was proposed to affected property owners. The proposal was to install a 36" pipe from the existing manhole at 1165 Polk Place to the existing manhole at 1125 Polk Place. This would eliminate overland flow across portions of 1135 and 1125 Polk Place. Existing trees and other landscaping features within the easement would have to be' removed in order to do the construction. The owner of 1135 Polk Place felt the City of Fridley should be requested to compensate property owners who may lose trees and be incovenienced with this project. Councilmember Nawrocki has observed water, which is causing problems, coming from both cities, not just from Fridley. He feels the alternatives presented bystaff and consultants have focused on making the project as easy and fair as possible for all involved. He did recommend that the garages behind the apartment buildings be painted, the fence be replaced or repaired and that the debris in the area be cleaned up as part of the project. The owner of 1135 Polk Place recalled that the trees in the easement were in place before the easement was granted to the City. Councilmember Peterson noted that easements were given thirty years ago and that the property owners have to be realistic when some work needs to be done in an easement. Any improvements homeowners may have done in an easement must be removed when work is done. He stated that the City will do the best it can to restore the area. Motion by Nawrocki, second by Peterson to authorize the securing of bids for the project with the substitution of the 302 feet of the 36 inch pipe for the 225 feet of 42 inch pipe, subject to staff continuing to work with the affected residents on re-landscaping and clean up of the apartment house garage area including the replacement of the fence, removal of trash and the staff be directed to come back to the Council with the final re-landscaping plans before seeking authorization to award a bid on the project. Roll call: All ayes REGULAR COUNCIL MEETING JUNE 27, 1994 PAGE 10 Conditional Use Permit/Business License Approval - P~ol Hall. Amy Ferman. 4040 Central Avenue .{cont.) This matter had been delayed earlier in the meeting for additional research by the City Attorney regarding renewal of license procedures. He reported that full disclosure would be made in a license application on an annual renewal basis. Councilmember Nawrocki expressed his concern with the process whereby members of the City Council would not be made aware of any changes in ownership during the year until the license renewal was being done. Motion by Peterson, second by Jolly to approve the conditional use permit for the operation of a pool/billiard hall at 4040 Central Avenue provided the building and operation is in compliance with all licensing, zoning, building and fire code requirements. Roll call: All ayes Motion by Peterson, second by Jolly to approve the license for the operation of a pool/billiard hall at 4040 Central Avenue. Roll call: All ayes ~ Dick Hagen, owner of the building at 4040 Central Avenue, thanked Councilmember Nawrocki for his assistance with this matter. b. Neighborhood Organizations Councilmember Ruettimann requested the City Manager to direct the Volunteer Coordinator to draft plans for forming neighborhood organizations. He hoped to have this information back to the Council by the first Council meeting in August or earlier. The City Manager felt it could be prepared for a Council work session in July when the position of Volunteer Coordinator is discussed. c. Ethics and Election Legislation Councilmember Nawrocki noted that during the' most recent legislative session, legislation was passed regarding ethics in government and a uniform election day. He stated there could be changes in municipal elections and felt some policies should be drafted for council consideration regarding ethics. Some of these laws become effective on August 1, 1994. REGULAR COUNCIL MEETING JUNE 27, 1994 PAGE 11 d. SACC Community Values Survey The City Manager has copies of this survey. He will see they are distributed to community organizations and civic groups. e. NEI Volunteers Councilmember Nawrocki has been contacted by a student currently enrolled at NEI, College of Technology. The student noted his willingness and that of other students at NEI, to perform volunteer tasks for Columbia Heights residents, particularly senior citizens. Councilmember Nawrocki referred him to staff at Parkview Villa, the Volunteer Coordinator and the Council Secretary. f. Miscellaneous Issues Councilmember Jolly inquired as to the status of purchasing property adjacent to Huset Park. The City Manager will keep the Council apprised as to any progress on this issue. Councilmember Jolly recalled that railroad tracks were to be removed from a location in the City. The City Manager advised that they are scheduled for removal within the next thirty days. He also noted staff will pursue the matter of having the tracks removed from the "stacking" area. Midblock lighting is scheduled for installation in the northwest quadrant of the City. Councilmember Jolly inquired when this will be done. The Public Works Director responded the lights will be installed in the fall. There were some locations viewed as unacceptable by homeowners in the area. These locations are being re-evaluated by staff and Northern States Power. 9. NEW BUSINESS a. Police Hiring Supplement Grant ApprOVal Motion by Nawrocki, second by Jolly to authorize the Mayor and City Manager to execute federal grant number 94DCX0108 which will supplement the. hiring of two officers over a three year period to the Columbia Heights Police Department. Roll call: All ayes Motion by Nawrocki, second by Jolly to authorize the creation of Fund 272, Police Hiring Supplement. Roll call: Ail ayes REGULAR COUNCIL MEETING JUNE 27, 1994 PAGE 12 Motion by Nawrocki, second by Jolly to authorize the transfer of $26,000 from the Mayor-Council Contingency Budget to Fund 272 as the City's 1994 matching contribution to the Police Hiring Supplemental Grant. Councilmember Nawrocki explained that $26,000 was what was actually needed. For funds needed for future years he felt they should be part of that year's budgeting process. Councilmember Ruettimann was of the opinion that the $50,000 was put into the budget and now another fund is being created. He felt the budgeted $50,000 had nothing to do with the grant being applied for but rather would be used to hire a third officer. He stated his support for the funding if it were to be taken from the General Fund. Noting that Mayor Sturdevant and Councilmember Jolly were not part of last year's budget deliberations, Councilmember Ruettimann inquired if either of them had listened to the meeting tapes regarding this matter. Councilmember Jolly had reviewed his notes from the budget meetings he attended. His notes reflected his .impression that the funds were to be used for a new hire and were not tied to any grant. Councilmember Nawrocki renewed his offer to sit with Councilmember Ruettimann and listen to the tapes. He felt the $50,000 was budgeted and was part of the contingency. The funds were to be available for the grant if the City got one or available for additional police services as the case may be if it did not. The City Manager addressed a couple of clarifications from his perspective. The issue was originally reviewed at a Council Work Session in September. At that time there was a presentation which called for three officers robe hired under the grant. This number was subsequently cut back to two officers. The grant was approved in October via Resolution No. 93-50 which authorized the submission of the grant application and authorized a budget commitment. A 50 percent match and a full year funding was also authorized at that time. There were additional discussions in November and December regarding the $50,000 during subsequent budget discussions and budget meetings. REGULAR COUNCIL MEETING JUNE 27, 1994 PAGE 13 The City Manager mentioned that his recommendation had been to hire one additional police officer for the $50,000 and a second if the grant application were successful. He noted that a need for three officers has not been established and that funding justificationa and funding sources for three officers is questionable for the future. Councilmember Ruettimann inquired of the Acting Police Chief why this grant would be taken on if three officers were not needed to make the grant requirements work. He also inquired if there had been crime improvements because of community oriented policing. The Acting Chief responded in the affirmative. He also agreed with the backing of a positive program. Roll call: Jolly, Nawrocki, Sturdevant - aye Ruettimann, Peterson - nay This motion failed as four-fifths vote is necessary to approve funding. Councilmember Nawrocki felt "community policing" are buzz words to describe a lot of different types of policing. He suggested that two police officers, rather than one, the grant will help to hire, will do throughout the 'community an even better job. Motion by Nawrocki, second by Peterson to authorize the Mayor and applicable staff to hire two police officers under the federal grant awarded to the City of Columbia Heights. It was felt it would be improper to pass this motion as no funding is in place to do the hiring. The Finance Director stated it was not a grant requirement that a separate fund be set up. These funds can be set up within the General Fund. The Acting Police Chief advised this arrangement would becomparable to the DARE Program funding. The City Manager noted the funds could be taken out of the Fund Balanoe. Councilmember Ruettimann felt the funding should be put in place for the full three years now. This funding commitment should be made now as the levy cannot be raised. The motion was withdrawn. REGULAR COUNCIL MEETING JUNE 27, 1994 PAGE 14 Motion by Ruettimann that the three year matching funds be committed to and the funds be set into a separate fund, Fund 272, from the Reserves Funds, Fund Balances. Councilmember Nawrocki noted this motion is out of order in that the budget cannot be committed for three years. Councilmember Ruettimann requested the City Attorney to draft language for a three year commitment of funds. Motion by Ruettimann, second by Peterson to transfer $135,623 from the General Fund Undesignated Fund Balance to establish Fund 272. Roll call: All ayes Motion by Nawrocki, second by Peterson to authorize the Mayor and applicable staff to hire two police officers under the federal grant awarded to the City of Columbia Heights. Roll call: All ayes b. Authorization to Seek Bids for Replacement of Dump Truck Motion by Peterson, second by Jolly to authorize staff to obtain bids for a tandum axle dump truck with plowing equipment to replace Unit #6. Roll call: All ayes c. Award of Sheffield Demolition/Removal Contract Motion by Peterson, second by Ruettimann to award the contract for the removal/demolition of 15 City-owned duplex housing units in the 4600 block of Fillmore and Pierce Streets to Otting House Movers of Lakeville, Minnesota, based on their bid dated June 22, 1994 and to authorize th Mayor and City Manager to enter into an agreement for the same. Roll call: All ayes d. Direct Factory Purchase of Carpet for Top Valu I and Authorization to Seek Ouotations for the Installation of Councilmember Nawrocki inquired why authorization for bids for the carpet is not included in the recommended motion. REGULAR COUNCIL MEETING JUNE 27, 1994 PAGE 15 10. The Finance Director responded the carpet will be purchased on a negotiated basis. Staff has done a fair amount of research on this matter and purchasing from a supplier saves the markup costs. Councilmember Nawrocki stated he opposes this motion as he feels new carpeting is not justified. He thinks the competitive bidding process should be followed. Motion by Ruettimann, second by Peterson to authorize the Mayor and City Manager to enter into an agreement for a direct purchase of carpet for Top Valu I and to authorize staff to seek price quotations for the installation of carpet. Roll call: Jolly, Ruettimann, Peterson, Sturdevant - aye Nawrocki - nay e. Woodchuck Problems Councilmember Ruettimann advised he was contacted by a Chatham Road resident regarding problems being experienced with woodchucks. Because of his proximity to the Minneapolis Waterworks, the resident felt the creatures may be coming from that facility. Councilmember Ruettimann requested Public Works staff work with Mr. Stewart Kirshbaum, a Minneapolis Waterworks supervisor, regarding this situation. f. 'Sister City Guests Dolores Strand, Co-Chairperson of the Sister City Committee, reported on the recent visit of quests from Lomianki, Poland. Lomianki is the sister city of Columbia Heights. REPORTS a. Report of the City Manaqer The City Manager's report was submitted in written form and the following items were discussed: Council Work Sessions: Motion by Ruettimann, second by Peterson to establish the following dates and times for Council work sessions as recommended by the CityManager: July 14, 1994 at 7:00 p.m. and July 19, 1994 at 7:00 p.m. Roll call: All ayes Columbia Park Clinic Parking Assessment: The City Manager explained the Columbia Park Clinic restructuring of its financing and advised there is no debt against the ramp bonds. REGULAR COUNCIL MEETING JUNE 27, 1994 PAGE 16 Mathaire Wading Pool: Councilmember Nawrocki recalled work being done on the Mathaire wading pool last year. He inquired what is being proposed for this year. The Public Works Director advised some of the copper piping needs replacing as well as some backfilling. b. Report of the City Attorney The City Attorney had nothing to report at this time. ADJOURNMENT Motion by Ruettimann, second by Peterson meeting at 9:45 p.m. Roll call: All ayes to adjourn the yo~ j6se~h S~r~e%ant .... o-Anne Stuaent,~-Council Secretary