HomeMy WebLinkAboutJune 13, 1994OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS CITY COUNCIL
REGULAR COUNCIL MEETING
JUNE 13, 1994
The Council Meeting was called to order at 7:00 p.m. by Mayor
Sturdevant.
ROLL CALL
Jolly, Nawrocki, Ruettimann, Peterson, Sturdevant - present
2. pLEDGE OF ALLEGIANCE
e
CONSENT AGENDA
The following items on the Consent Agenda were approved:
Resolution No.' 94-35: Reduction of Solid Waste Management Fee
The Council waived the reading and adopted Resolution No. 94-
35.
~ESOLUTION NO. 94-35
RESOLUTION AGREEING TO IMPLEMENT ENVIRONMENTALLY RESPONSIBLE
PROCUREMENT POLICIESAND TO USE BEST EFFORTS TO RECYCLE 50% OF
THE SOLID WASTE GENERATED ON CITY OWNED PROPERTIES
WHEREAS, the City of Columbia Heights acknowledges the benefit
to the City of Columbia Heights, its citizens the public
health and the environment resulting from the Anoka County
Integrated Solid Waste Management System;
WHEREAS, the Minnesota Legislature has established a hierarchy
of preferred waste management practices, set forth in
Minn. Stat. 115A.02 and incorporated into Anoka County's Solid
Waste Management Master Plan, encouraging waste reduction and
recycling as the highest priority for the State with the goal
of abating the use of landfills;
WHEREAS, the Legislature has required in Minn. Stat. 473.848
that all waste generated in the metropolitan area beprocessed
to further abate landfills;
WHEREAS, the City of Columbia Heights wishes to promote the
goals of waste reduction, recycling and landfill abatement in
order to protect its citizens, the public health and the
environment.
REGULAR COUNCIL MEETING
JUNE 13, 1994
PAGE 2
NOW, THEREFORE, BE IT RESOLVED, that the City of Columbia
Heights agrees to use its best efforts to recycle 50% of the
waste generated on its tax exempt properties and to reduce the
amount and toxicity of the waste it generates by implementing
policies adopted by the Solid Waste Management Coordinating
Board on October 28, 1992.
Passed this 13th day of June, 1994.
Offered by:
Seconded by:
Roll call:
Nawrocki
Jolly
Ail ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
Request From St. Matthew Church for No Parkina-No Loading Zone
The Council approved the designation on the north side of 41st
Avenue as a "No Parking - Loading Zone" beginning 80' south of
the centerline of Washington Street and extending to the
alley, based on the recommendation of the Traffic Commission.
Request for "Blind Child" Sians and Speed Control Si_~ns on
Tyler Street. 46th to 47th Avenues
The Council approved the installation of "Blind Child Area"
signs 100' north and south of 4619 Tyler Street and in the
alley between Tyler Street and Polk Street provided the Public
Works Director is informed when the signs are no longer
required, based on the recommendation of the Traffic
Commission.
The Council approved the installation of speed limit signs in
the alley between Tyler Street and Polk Street form 46th
Avenue to 4?th Avenue, based on the recommendation of the
Traffic Commission.
Variance Request - Forsline~ 1640 Innsbruck Parkway
The Council approved the variance for an extended roof at 1640
Innsbruck Parkway provided appropriate plans are submitted for
a building permit and a restriction added to the deed for the
property stating that this area cannot be enclosed.
REGULAR COUNCIL MEETING
JUNE 13, 1994
PAGE 3
Conditional Use Permit Request - Madda. 4022 Central Avenue
The Council approved the conditional use permit for the
operation of a specialty grocery store combined with a
deli/restaurant at 4022 Central Avenue provided all
requirements of the Building Code, Fire Department and Health
Department are met.
~pecial Purpose Fence Request - Small. 4334 Madison Street
The Council approved the request for a seven foot high special
purpose privacy fence along and inside the north property line
at 4334 Madison Street.
Special P~rpose Fence Reguest - Larson. 4148 Ouinc¥ Street
The Council approved the request for a six foot high special
purpose privacy fence at 4148 Quincy street.
Block Party Reguest - Bauer, 4118 Monroe Street
The Council approved the request of Sandra Bauer to barricade
the 4100 block of Monroe Street from 4:00 p.m. to 9:00 p.m. on
June 26, 1994 for the purpose of conducting a block party.
Gambling License Request - Columbia Heights Lion's Club
The Council directed the City Manager to forward a letter to
the State Charitable Gambling Control Board indicating that
the City of Columbia Heights has no objection to a Class B
charitable gambling license for the Columbia Heights Lions
Club for Box Seat Sports Bar and Grill, 4005 Central Avenue
and that the City Council waives the remainder of the sixty
day notice to the local governing body.
e
License Applications
The Council approved the 1994 license applications as listed
upon payment of proper fees and approved the rental license
applications as listed for 1-1-94 to 4-30-95 as noted on the
memorandum from Fire Captain Lowell DeMars dated June 8, 1994.
Payment of Bills
The Council approved payment of the bills as listed out of
proper funds.
APPROVAL OF CONSENT AGENDA
Motion by Nawrocki, second by Jolly to approve the Consent
Agenda. Roll call: All ayes
REGULAR COUNCIL MEETING
JUNE 13, 1994
PAGE 4
4a.
APPROVAL OF MEETING MINUTES
Motion by Nawrocki, second by Jolly to approve the minutes of
the May 23, 1994 Regular Council Meeting and the June 6, 1994
Special Council Meeting with corrections as submitted in
written form by Councilmember Nawrocki. Roll call: All ayes
Se
OPEN MIKE/PROCLAMATIONS/PRESENTATIONS
A resident had numerous comments regarding the cost of
easements and assessments associated with the LaBelle Pond
Project. He also commented on the continued presence of the
City's legal counsel. He was cautioned that his terminology is
close to slander and libel and more discretion would be
advisable. It was noted that the purpose of Open Mike was not
being adhered.to.
6. PUBLIC HEARINGS/RESOLUTIONS/ORDINANCES
a. Public Hearina/Resolution Ordering & Levy_in~ an Alley
Lighting Improvement
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
It was noted that there is already a light located on an
utility pole in the alley. There were questions as to who was
paying for this light. This matter will be checked.
Motion by Ruettimann, second by Peterson to table this matter
until later in the meeting. Roll call: All ayes
b. P~blic Hearing/Resolution Regarding Homestead
Classification - 3932 Central Avenue
Representatives of ACCAP, who purchased the property and is
requesting the homestead classification, reviewed their
project and the reasons for the request. It was noted that no
taxing authorities will lose money by approving a homestead
classification.
The general condition oft he building was discussed as was the
current and future resident profile.
REGULAR COUNCIL MEETING
JUNE 13, 1994
PAGE 5
Councilmember Nawrocki again stated his position that the
additional tax break and the homestead classification is not
needed to afford safe and dependable housing and to rehab the
building. The project does not meet the first criteria
required by state statute and the new Section 8 eligibility
negates the need as it pays up to market rate rents. He does
not support granting the request.
Councilmember Ruettimann inquired if it could be noted in the
agreement that the money realized from the new classification,
which would be $50,000, could be used only for improvements
and not for rent reductions. It was indicated this could be
stipulated. Councilmember Nawrocki again stated his opposition
to this matter and noted that the agreement has no language
calling for payment to the City in lieu of the second tax
break.
Motion by Peterson, second by Ruettimann to waive the reading
of the resolution there being ample copies available to the
public. Roll call: All ayes
RESOLUTION NO. 94-~
RESOLUTION OFT HE CITY COUNCIL OFT HE CITY OF COLUMBIA HEIGHTS
GRANTING HOMESTEAD CLASSIFICATION TO THE PROPERTY LOCATED AT
3932 CENTRAL AVENUE AND AUTHORIZATION TO ENTER INTO
DEVELOPMENT CONTRACT REGARDING THE SAME
WHEREAS, Anoka County Community Action Program, Inc. (ACCAP),
an experienced nonprofit corporation and real property
manager, has purchassed a 22-unit apartment building in the
City of Columbia Heights at 3932 Central Avenue.
WHEREAS, pursuant to paragraph (j) of Minnesota Statutes
Section 273.124, subd. 6, ACCAP has applied to the City
Council of the City of Columbia Heights to make certain
findings with respect to that property now owned by ACCAP.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
City of Columbia Heights, Anoka County, Minnesota, as follows:
That the City Council for the City of Columbia Heights, after
holding a public hearing to determine whether ACCAP, the owner
of an apartment building located at 3932 Central Avenue,
Columbia Heights, Minnesota has submitted sufficient evidence
regarding whether this property should receive homestead
classification under Minnesota Statutes Section 273.124, subd.
6(j), hereby make the following findings:
REGULAR COUNCIL MEETING
JUNE 13, 1994
PAGE 6
(].)
(2)
(3)
(4)
That the granting of the homestead treatment of the 22-
unit apartment building will facilitate safe, clean,
affordable housing for the cooperative members that would
otherwise not be available absent the homestead
designation for this property.
That ACCAP has presented information satisfactory to the
Columbia Heights City Council showing that the savings
garnered from the homestead designation of the units will
be used to reduce the tenant's rents or provide a level
of furnishing or maintenance not possible absent the
designation; and
That the requirements of paragraphs (b), (d), and (i) of
Minnesota Statutes Section 273.124, subd. 6 have been met
by ACCAP.
That the Mayor and City Manager are directed to enter
into a development contract (as attached Exhibit A)
regarding the operation of the leasehold cooperative of
the property located at 3932 Central Avenue.
Passed this 13th day of June, 1994.
Offered by:
Seconded by:
Roll call:
Peterson
Ruettimann
Jolly, Ruettimann, Peterson - aye
Nawrocki, Sturdevant - nay
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
Resolution No. 94-31: Ordering & Levying Alley Lighting
Improvement (cont.)
Motion by Ruettimann, second by Peterson to remove this matter
from the table. Roll call: All ayes
The City Manager advised that there are no lights in the alley
between Madison and Monroe Streets, from 42nd to 43rd Avenues,
being specially assessed.
REGULAR COUNCIL MEETING
JUNE 13, 1994
PAGE 7
RESOLUTION NO. 94-31
Adopting assessment roll for the following local improvement
and determining said improvement will be made and ratifying
and confirming all other proceedings, heretofore had: Special
Assessment for midblock alley lighting numbered 677 - Area 24
- Project #9411.
WHEREAS, the city Council of the City of Columbia Heights,
Minnesota, met at 7:00 p.m. on the 13th day of June, 1994, in
the City Council Chambers, 590 40thAvenue Northeast, Columbia
Heights, Minnesota, being the time and place set when and
where all persons interested could appear and be heard by the
Council with respect to benefits, and to the proportion of the
cost of making the local improvement above described, a notice
of such hearing having been duly published as required by law,
and a notice mailed to each property owner of record, stating
the proposed amount of the assessment; and,
WHEREAS, this Council has heretofore estimated the cost of
such local improvement and has prepared an assessment roll
therefore,
THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY
RESOLVED:
Section 1: That this Council does hereby adopt the aforesaid
assessment roll known and described as "Assessment Roll for
Local Improvements" numbered 677-Area 24-Project 9411 for
midblock alley lighting.
Section 2: That this Council hereby finds and determines that
each of the lots and parcels of land enumerated in said
assessment roll was and is especially benefitted by such
improvements. This Council further finds and determines that
the proper proportion of the cost of such improvement to be
especially assessed against each lot or parcel of land is the
amount as billed annually by Northern States Power.
Section 3: That the annual installment shall be paid in full
without interest on or before September 15, 1995, and in
annual installments thereafter, as long as the midblock light
is in place. Failure to pay the annual installment renders the
same delinquent and thereafter a 10% penalty is added and the
said delinquent special assessment is certified to the County
for collection with the real estate tax.
REGULAR COUNCIL MEETING
JUNE 13, 1994
PAGE 8
Section 4: That this Council did hereby determine and
redetermine to proceed with said improvement, does ratify and
confirm all other proceedings heretofore had in regard to this
improvement, and said improvement shall hereafter beknownand
numbered 677-Area 24 for midblock alley lighting.
Section 5: This resolution shall take effect immediately upon
its passage.
Passed this 13th day of June, 1994.
Offered by:
Seconded by:
Roll call:
Ruettimann
Peterson
Ail ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
c. S~cond Reading - Ordinance No. 1284 - Charter Amendment
~ertaining to Bonded Debt and Debt Limit
Motion by Ruettimann, second by Peterson to waive the reading
of the ordinance there being ample copies available to the
public. Roll call: All ayes
ORDINANCE NO. 1284
BEING AN ORDINANCE AMENDING CHAPTER 7, SECTION 72 OF THE
CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO THE
BONDED DEBT AND DEBT LIMIT
The City of Columbia Heights does ordain:
Section 1: Chapter 7, Section 72, of the Charter of the City
of Columbia Heights which currently reads as follows, to wit:
Section 72. BONDED DEBT AND DEBT LIMIT. Bonds may be issued by
four-fifths vote of the council without previous approval of
the voters of said city, but subject to the referendum powers
of the people, for the purchase of real estate; for new
construction; for new equipment; for all improvements of a
lasting character; for the purchase or construction of public
waterworks or for the enlargement of the same and for the
protection and distribution of the water supply; for the
establishment of public lighting, heating, or power plants,
REGULAR COUNCIL MEETING
JUNE 13, 1994
PAGE 9
and for their acquisition and equipment by purchase or
otherwise; for the acquisition or construction of street
railways, telegraph or telephone lines, or any other public
convenience from which a revenue is or may be derived; for the
creation or maintenance of a permanent improvement fund; for
the purchase or erection of needful public buildings; for
establishing and maintaining garbage crematories, or other
means of garbage disposal; for the establishment and
maintenance of hospitals, schools, libraries, museums, art
galleries and cemetaries; for the construction of sewers,
subways, streets, sidewalks, pavements, culverts, and parks
and parkways and play grounds; for changing, controlling or
bridging streams and other waterways within the corporate
limits and constructing and repairing roads and bridges within
two miles of the corporate limits thereof; for the purpose of
refunding outstanding bonds; for the purpose of funding
floating indebtedness; and for all purposes which may be
authorized by the laws of the State of Minnesota; the right of
the city to issue bonds under the authority of any law
heretofore and this section of the city's charter shall not be
construed to limit the passed and adopted by the State of
Minnesota, but no bonds shall ever be issued to pay current
expenses or to refund emergency debt certificates.
The total bonded indebtedness of the city shall never exceed
ten percent of the last assessed valuation of the taxable
property therein, including monies and credits, but in
computing the total bonded indebtedness, emergency debt
certificates and certificates of indebtedness shall not be
included in or counted as part of such bonded indebtedness, if
(1) held in a sinking fund maintained by the city, (2) issued
for the acquisition of equipment; purchase, construction,
maintenance, extension, enlargements or improvement of street
railways, telegraph or telephone lines, water, lighting,
heating or power plants, or either of them, or any other
public convenience, from which revenue is or maybe derived,
owned and operated bythe city, or the acquisition of property
needed in connection therewith; or for the construction of
sewers, public drainage ditches, or the acquisition of lands,
or for improvements of streets, parks, or other public
improvements, to the extent that they are payable from the
proceeds of assessments levied upon property specially
benefitted by such ditches or improvements, or (3) for the
purpose of anticipating the collection of general taxes for
the year in which issued. In no case shall bonds be issued to
run for more than thirty years. The purpose for which bonds
are issued shall be set forth in the ordinance authorizing
them and the proceeds from such bonds shall not be diverted to
any other purpose.
REGULAR COUNCIL MEETING
JUNE 13, 1994
PAGE 10
Before any bonds are sold, at least one week's published
notice shall be given of a meeting of the city council to open
and consider bids therefore. The time and place of said
meeting shall be fixed and the newspaper in which the notice
shall be published shall be designated by a resolution duly
passed, which may provide for additional notice. At the time
and place so fixed, the bids shall be opened and the offer
complying with the terms of such sale and deemed most
favorable shall be accepted; PROVIDED, that the council may
reject any and all such offers and award said bonds to a more
favorable bidder or upon like notice it may invite other bids.
Bids may be asked on the basis of a rate of interest specified
in the proposals and on the net interest basis on which the
bidder will pay par for the same.
is herewith amended to read,
Section 72. BONDED DEBT AND DEBT LIMIT. Bonds may be issued by
four-fifths vote of the council without the previous approval
of the voters of the said city, but subject to the referendum
powers of the people, for the purchase of real estate; for new
construction; for new equipment; for all improvements of a
lasting character; for the purchase or construction of public
waterworks or for the enlargement of the same and for the
protection and distribution of the water supply; for the
establishment of public lighting, heating, or power plants,
and for their acquisition and equipment by purchase or
otherwise; for the acquisition or construction of street
railways, telegraph or telephone lines, or any other public
convenience from which a revenue is or may be derived; for the
creation or maintenance of a permanent improvement fund; for
the purchase or erection of needful public buildings; for
establishing and maintaining garbage crematories, or other
means of garbage disposal; for the establishment and
maintenance of hospitals, schools, libraries, museums, art
galleries and cemetaries; for the construction of sewers,
subways, streets, sidewalks, pavements, culverts, parks and
parkways and play grounds; for changing, controlling or
bridging streams and other waterways within the corporate
limits and constructing and repairing roads and bridges within
two miles of the corporate limits thereof; for the purpose of
refunding outstanding bonds for the purpose of funding
floating indebtedness; and for all purposes which may be
authorized by the laws of the State of Minnesota; the right of
the city to issue bonds under the authority of any law
heretofore and this section of the city's charter shall not be
construed to limit the passed and adopted by the State of
Minnesota, but no bonds shall ever be issued to pay current
expenses or to refund emergency debt certifioates.
REGULAR COUNCIL MEETING
JUNE 13, 1994
PAGE 11
The total bonded indebtedness of the city shall never exceed
ten percent of the last assessed valuation of the taxable
property therein, including monies and credits, but in
computing the total bonded indebtedness, emergency debt
certificates and certificates of indebtedness shall not be
included in or counted as part of such bonded indebtedness, if
(1) held in a sinking fund maintained by the city, (2) issued
for the acquisition of equipment; purchase, construction,
maintenance, extension, enlargements or improvement of street
railways, telegraph or telephone lines, water, lighting,
heating and power plants, or either of them, or any other
public convenience, from which revenue is or may be derived,
owned and operated by the city, or the acquisition of lands,
or for improvements of streets, parks, or other public
improvements, to the extent that they are payable from the
proceeds of assessments levied upon property specially
benefitted by such ditches or improvements, or (3) for the
purpose of anticipating the collection of general taxes for
the year in which issued. In no case shall bonds be issued to
run for more than thirty years. The purpose for which bonds
are issued shall be set forth in the ordinance authorizing
them and the proceeds from such bonds shall not be diverted to
any other purpose.
Before any bonds are sold. there shall be a four-fifths vote
Qf the council authorizing the issuance of the bonds by
ordinance. Followina its passaqe~ the ordinance shall be
D~bl~shed at least once by publication in a legal newspaper
having general circulation in the city. The registered voters
of the city shall have thirty days from the date of
publication to initiate a referendum on the ordinance
~uthorizinq the issuance. Subsequent to the passage of the
a~t~orizinq ordinance, its Dublicationo and the thirty-day
Deriodo the bond sale shall occur within sixty days. During
~id sixty day period, the City Manager shall have the
authority to establish a special meeting upon at least
~even~y-~wo f72) hours advance notice to each member of the
cou~Qil. At that special meeting, the City Manaaer is
authorized to receive the actual bid(si or sale of the bonds
~Q be neqotiated. The actual award or sale of the bonds shall
~e approved by a resolution passed by a four-fifths vote of
the council.
Section 2: Chapter 7, Section 72b, of the Charter of the City
of Columbia Heights which currently reads as follows, to wit:
REGULAR COUNCIL MEETING
JUNE 13, 1994
PAGE 12
Section 72b. BONDED DEBT AND DEBT LIMIT. No bond shall ever be
issued to pay current expenses or to refund certificates of
indebtedness issued to provide for temporary deficiencies in
the revenues to cover current expenses, but bonds may be
issued by a four-fifths vote of the council, subject to the
referendum powers of the people, for the purchase of real
estate, for new equipment, and for all improvements of a
lasting character. The total bonded debt of the city shall
never exceed ten percent of the assessed valuation of all the
taxable property in the city, but in computing the total
bonded debt, emergency debt certificates, and bonds issued
prior to the adoption of the charter and either held in a
sinking fund or issued for the purchase, construction,
maintenance, extension, enlargement, or improvement or water,
heating plants or either, or any other public convenience from
which a revenue is or may be derived, owned and operated by
such city or village, or for the improvement of streets, parks
or other public improvements, to the extent that they are
payable from the proceeds of assessments levied upon property
especially benefitted thereby, or for the creation or
maintenance of a permanent improvement revolving fund shall
not count as part of such total bonded debt. In no case will
bonds be issued to run for more than thirty years. The purpose
for which bonds are issued shall be set forth in the ordinance
authorizing them and the proceeds from such bonds shall not be
diverted to any other purposes.
is herewith amended to read:
Section 72b. BONDED DEBT AND DEBT LIMIT. No bond shall ever be
issued to pay current expenses or to refund certificates of
indebtedness issued to provide for temporary deficiencies in
the revenues to cover current expenses, but bonds may be
issued by a four-fifths vote of the council, subject to the
referendum powers of the people, for the purchase of real
estate, for new equipment, and for all improvements of a
lasting character. The total bonded debt of the city shall
never exceed ten percent of the assessed valuation of all the
taxable property in the city, but in computing the total
bonded debt, emergency debt certificates, and bonds issued
prior to the adoption of the charter and either held in a
sinking fund or issued for the Durchasse, construction,
maintenance, extension, enlargement, or improvement or water,
heating plants or either, or any other public convenience form
which a revenue is or may be derived, owned and operated by
such city or village, or the acquisition of property needed in
connection therewith, or for the improvement of streets, parks
or other public improvements, to the extent that they are
payable from the proceeds of assessments levied upon property
REGULAR COUNCIL MEETING
JUNE 13, 1994
PAGE 13
especially benefitted thereby, and obligations issued for the
improvements which are payable, wholly or partly, from the
collections of special assessments levied on property
benefitted thereby, or for the creation or maintenance of a
permanent improvement revolving fund shall not count as prt of
such total bonded debt. In no case will bonds be issued to run
for more than thirty years. The purpose for which bonds are
issued shall be set forth in the ordinaDce authorizing them
and the proceeds from such bonds shall not be diverted to any
other purposes.
Section 3: This ordinance shall be in full force and effect
from and after ninety (90) days after its passage.
First Reading:
Second Reading:
Date of Passage:
May 23, 1994
June 13, 1994
June 13, 1994
Offered by:
Seconded by:
Roll call:
Ruettimann
Peterson
Ail ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
d. Resolution No. 94-33 - Indemnifyina Officers and
Employees of the City of Columbia Height~
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 NQ, 94-33
BEING A RESOLUTION INDEMNIFYING OFFICERS AND EMPLOYEES OF THE
CITY OF COLUMBIA HEIGHTS
WHEREAS, the City Council of the City of Columbia Heights
desires to self-insure itself for liabilities arising out of
errors or omissions, or acts of its employees or officers, and
WHEREAS, the City Council for the City of Columbia Heights
desires to defend, indemnify and hold harmless its officers
and employees for any and all losses, expenses, liabilities,
judgements, orders, settlements, costs of defense or damages
arising out of, in connection with, or within the scope of
that employee's or officer's employment.
REGULAR COUNCIL MEETING
JUNE 13, 1994
PAGE 14
NOW, THEREFORE, BE IT RESOLVED, that the City of Columbia
Heights shall defend and indemnify any of its officers and
employees, whether elective or appointive, for damages,
including punitive damages, claimed or levied against the
officer or employee, provided that the officer or employee 1)
was acting in performance of the duties of the position; and
2) was not guilty of malfeasance in office, willful neglect of
duty, or bad faith.
Passed this 13th day of June, 1994.
Offered by:
Seconded by:
Roll call:
Ruettimann
Peterson
Ail ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
e. Resolution No. 94-34 - Approval Submittal of Variance
Request
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. 94-34
DIRECTING THE CITY ENGINEER TO PROCEED WITH THE SUBMITTAL OF
A VARIANCE REQUEST TO THE COMMISSIONER OF TRANSPORTATION FOR
44TH AVENUE N.E. FROM TYLER PLACE TO RESERVOIR BOULEVARD
WHEREAS, the City wishes to construct sidewalk on the north
side of 44th Avenue N.E. from Tyler Place to Reservoir
Boulevard; and whereas the existing right-of-way width from
710' east of T.H. 65 to McLeod Street varies from 50 to 55
feet; and whereas, from Tyler place to McLeod Street one
existing crest vertical curved at Station 22+77 to 22+97 and
one existing sag vertical curb at Station 22+97 to 23+17 and
from McLeod Street to Reservoir Boulevard, two existing crest
vertical curves at Station 2+00 to 3+60 and Station 8+40 to
8+90 and two existing sag vertical curves at Station 0+25 to
0+75 do not meet the minimum required length for 30 MPH; and
WHEREAS, the Minnesota Rules for State Aid Operations, Chapter
8820.2500 Subp. 3 requires that State Aid Streets have a
minimum right-of-way width of 60 feet; and Chapter 8820-2500
Subp. I and 8820.9935 requires that State Aid Streets have a
minimum design of speed 30 MPH; and
REGULAR COUNCIL MEETING
JUNE 13, 1994
PAGE 15
WHEREAS, Rules of State Aid Operations provide that a
political subdivision may request a variance from these rules;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Columbia Heights:
That the City Engineer be directed to submit to the
Commissioner of Transportation a formal request for variance
from adopted Minnesota Rules for State Aid Operations, Chapter
8820.2500 and Chapter 8820.9935 to permitthe construction of
a sidewalk on the north side of 44th Avenue N.E. from Tyler
Place to Reservoir Boulevard with less than the minimum
required right-of-way from 710' east of T.H. 65 to McLeod
Street and less than the minimum required curve lengths for 30
MPH from Tyler Place to McLeod Street at Station 22+77 to
22+97 and Station 22+97 to 23+17 and from McLeod Street to
Reservoir Boulevard at Station 0+25 to 0+75, Station 2+00 to
3+60, Station 5+95 to 7+55 and Station 8+40 to 8+90.
Dated this 13th day of June, 1994.
Offered by:
Seconded by:
Roll call:
Ruettimann
Peterson
Ail ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
ATTEST:
I hereby certify that the foregoing 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 therefo held on the 13th day of June, 1994,
as shown by the minutes of said meeting in my possession.
Jo-Anne Student
Deputy City Clerk
f. Resolution No. 94-36: Establishing Maximum Pro_Dert¥ TaM
Guidelines for 1995 Budg~
Councilmember Nawrocki read the resolution as follows:
RESOLUTION NO, 94.-36
RESOLUTION ESTABLISHING MAXIMUM PROPERTY TAX GUIDELINES FOR
1995 BUDGET
REGULAR COUNCIL MEETING
JUNE 13, 1994
PAGE 16
WHEREAS, The City Manager is in the process of preparing a
proposed budget for 1995; and
WHEREAS, The 1993 Audit Report Management Letter shows an
increase in property taxes paid (budgeted for 1994) by the
property taxpayers of Columbia Heights for municipal purposes
to have increased by 25.79% from 1991 - 1994 (not counting
State credits, fiscal disparities, or the H.R.A. levy) and
WHEREAS, The General Fund of the City as underspent by
$513,754.00 in 1993, and
WHEREAS, The City Council is concerned with the significant
increase in property taxes paid by its citizens for municipal
purposes, and
WHEREAS, It is fiscally responsible for the City Council to
provide the City Manager with budgetary guidelines.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, that the
City Manager is directed to prepare a budget for 1995 that,
except for increases in proposed expenditures for the
Sheffield Project, will not increase the property taxes to be
paid by property owners for municipal services over that which
they were required to pay in 1994.
The resolution was offered by Nawrocki, seconded by Jolly.
Councilmember Ruettimann felt using percentages, rather than
dollars for comparison, is game playing. He noted that sixty
to seventy percent of the budget is for employee salaries. He
also felt that the City Manager and department heads use good
judgement regarding the budget. Councilmember Peterson agreed
that staff does a good job drafting their budgets and sees no
point in the resolution.
Councilmember Ruettimann noted that last year the budget was
increased $85,000 over the previous year. He understood that
$50,000 of this sum was for the hiring of another police
officer which was to have been done in January. The remaining
$35,000 was to offset a shortfall. The $85,000 spread over
approximately 7,000 homes amounts to $20.00 which is not a
twenty-five percent increase as stated in the resolution. He
used these examples to address the accuracy of dollars rather
than percentages. He also stated that employees did not
receive a twenty-five percent increase in wages.
Mayor Sturdevant mentioned that an additional $136,00 must be
found as a match for the grant recently received from the
federal government to hire two additional police officers.
REGULAR COUNCIL MEETING
JUNE 13, 1994
PAGE 17
Councilmember Nawrocki stated only one third of that amount
was needed as it is a three year grant. He also felt this
would be an exception as he viewed it as an expenditure for
the Sheffield Project.
Councilmember Jolly was supportive of the resolution as there
are no guidelines for the use of reserves nor any set
policies.
Roll call:
Jolly, Nawrocki, Sturdevant - aye
Ruettimann, Peterson - nay
Passed this 13th day of June, 1994.
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
7. COMMUNICATIONS
a. Request to Install Directional Signs to Lomianki Park
Councilmember Nawrocki inquired if staff has mentioned these
signs to affected property owners. The response was that no
property owners have been notified. The signs will be placed
on street signs already in the right-of-way.
Motion by Jolly, second by Peterson to install directional
signs for Lomianki Park on Main Street at 39th Avenue based on
the recommendation of the Traffic Commission and that no signs
be put up until such time there be concurrence by the affected
property owners. Roll call: All ayes
b. Conditional Use Permit - Wallace Auto Parts
Motion byPeterson, second by Jolly to approve the conditional
use permit to allow a truck/trailer rental operation on a
limited basis on property located at 4817 University Avenue
provided the fence and sloped areas at the rear of the
property are repaired within sixty (60) days and thereafter
maintained. Roll call: Ail ayes
REGULAR COUNCIL MEETING
JUNE 13, 1994
PAGE 18
C. I~t Confi?uration on 500 Block of 38th Avenue
Motion byNawrocki, second by Ruettimann to authorize staff to
proceed with actions necessary to complete the lotsplits and
combinations (and easement cancellations and variances as
necessary) so as to (after formal City Planning and Zoning
Commission and City Coun~ approval) create two new 58.3 feet
x 123 feet parcels and oh~r~ feet by 123 feet parcel from the
splits and combinations of Lots 9, 10, 11, 12 & 13, Block 89,
Columbia Heights Annex to Minneapolis (currently 564, 570,
572, and 578 38th Avenue). Roll call: All ayes
d. Re_~uest to Vacate Alley
A property owner whose property is adjacent to the north-south
alley between 37th and 38th Avenues, east of Third Street, is
requesting vacation of the alley.
Some members of the Council expressed their concerns with the
appearance of this alley and some of its current uses. Traffic
flow was also a concern. It was felt that the adjacent
property owners should clean up the area before any action is
taken on the request.
The City Manager advised that staff had suggested that a
contingency beadded to the vacation with respect to some pass
thru area for emergency vehicles and traffic.
Motion by Nawrocki, second byJolly that further consideration
of this request be tabled and the City Manager work with the
property owners on cleaning up the area. Roll call: Ail ayes
e. ASsociation of Metropolitan Municipalities CAMM~
Legislative Report
Councilmember Nawrocki, the City's representative to the AMM,
reported briefly on activities of the organization. Me advised
that there will be about 1 1/2% increase in State Aids. Copies
of the AMM Legislative Report had been copied for members of
the City Council.
f. Lea~ue of Minnesota Cities ~LMC% Legislative Re_Port
Councilmember Nawrocki is the City's liaison to the LMC. He
distributed copies of the LMC's Bulletin of May 27. 1994. He
referred councilmembers to articles regarding 1995 State Aid,
Uniform Election Day and an ethics bill.
REGULAR COUNCIL MEETING
JUNE 13, 1994
PAGE 19
g. Youth Activities Study
Councilmember Jolly distributed informational packets and
supporting documentation on a youth activities study and
program conducted by the City of Tempe, Arizona. This
information was also sent to members of the School Board and
school administration. He requested members of the Council to
study the information and give him their input as a possible
project for Columbia Heights.
OLD BUSINESS
a. Special Council Meeting Date Established
Councilmember Nawrocki requested that staff make every effort
to get out publicity on this meeting.
Motion by Nawr'ocki, second by Jolly to establish July 18, 1994
at 7:00 p.m. as a Special City Council Meeting for Sheffield
Financing Development Implementation Hearing in Murzyn Hall,
if accommodations are available there; there bean opportunity
at the hearing for questions and comments; and the City
Manager work with local newspapers for publicity. Roll call:
All ayes
b. Other Old ~usine~
1. Status of Condemnation~
Councilmember Jolly inquired as to the status of the
buildings in the Sheffield Neighborhood which were
condemned. The City Manager responded they are currently
in the process of getting approvals. The City Attorney
also gave some information regarding this issue.
2. Hirina of a New Police Officer
councilmember Ruettimann inquired as to the status of
hiring a new police officer. He had understood that
during last year's budget deliberations $50,000 was put
into the budget to hire an additional police officer in
January. He had also understood overtime had not been a
consideration at the time this was discussed. Also, no
matching funds were proposed au there were no strong
feelings there would be a grant awarded to the City.
The City Manager responded there had been a difference of
opinion on this matter and the use of the funding was up
to the discretion of the Council and warrants
considerable more discussion.
REGULAR COUNCIL MEETING
JUNE 13, 1994
PAGE 20
Councilmember Jolly felt the situation was ironic in that
the Council was delaying the appointment of a Police
Chief but approval for overtime for the Police Department
was being considered.
Councilmember Nawrocki recalled the Council's intention
was to hire two police officers. The Chairperson of the
Police and Fire civil Service Commission has received a
list of candidates received from the MPRS. A newer list
will become available in the near future.
Councilmember Ruettimann again stated he had understood
there would be three officers hired, one in January and
two for the grant.
Councilmember ~awrocki felt it would bemore appropriate
for the Council to be discussing how the addition of one
officer would affect the department. He also stated he
recalls the Council passing a resolution for the matching
grant funding. Councilmember Ruettimann disagreed and
stated there are no monies in the budget for the grant
match.
3. Miscellaneous
Discussed were a recent accident involving a City
employee, cablecasting board and commission meetings, the
position of Special Projects Coordinator, and the recent
plantings put in during Heights Pride Month.
NEW BUSINESS
a. Award of 1994 Miscellaneous Concrete Repairs Project
#9400
Motion by Nawrocki, second by Jolly to award the 1994
miscellaneous concrete repairs and installations, Municipal
Project ~9400, to Standard Sidewalk, Inc. of Lindstrom, Mn,
based upon their low, qualified, responsible bid in the amount
of $46912.00 with funds to be appropriated from Fund 401-
59400-4000 and to authorize the Mayor and City Manager to
enter into a contract for the same. Roll call: Ail ayes
b. Approval of Plans for 52nd Avenue Floodway Improvement
a~d Cl~v~r Pond Diversion - Project #9112
The entire project as proposed was reviewed by the Public
Works Director.
REGULAR COUNCIL MEETING
JUNE 13, 1994
PAGE 21
Following the staff presentation, affected property owners
from Columbia Heights and Fridley discussed their position on
the project. Some felt it should be done as proposed. Some
felt it should be done as presented by a very costly option
and others felt it had been delayed too long.
Councilmember Nawrocki noted he has only recently received
information regarding a swale in the problem area which was to
be an alternative solution. He requested a two week delay on
a decision until additional information is received regarding
blunting the construction work.
Motion by Nawrocki, second bySturdevant to table this matter
until the next Council meeting. Roll call: Ail ayes
c. Request for Police Intervention in Sheffield Area
Councilmember Ruettimann requested the funding for this
request be taken from another source than the one recommended
by staff.
Motion by Nawrocki, second by Jolly to amend Department Fund
101-42100 by an increase of $6,039.00 for special overtime
police patrol activity in the Sheffield area, funding of which
would be transferred from the Undesignated General Fund
Balance 101. Roll call: All ayes
d. Request for Summer Bicycle Safety Officer
Motion by Nawrocki, second by Jolly to amend Department Fund
101-42100-1012 by an increase of $2,100 for the hire of a
seasonal summer bicycle safety officer, funds of which would
be transferred from the Undesignated General Fund Balance.
Roll call: All ayes
e. Re_~uest to Purchase Remainina MDT Units
Motion byPeterson, second byRuettimann to authorize purchase
of two MDT units from Anoka County for the purchase price of
$9,979.50 and that the Mayor and City Manager are authoried to
issue payment for same with funds allocated from the Police
Department Capital Expenditure Fund 431-42100-5180. Roll call:
All ayes
f. Fourth of July Celebration - Awarding Fireworks Bid.
Street Closinq. Use of Hillcrest Property and Fourth of July
REGULAR COUNCIL MEETING
JUNE 13, 1994
PAGE 22
Motion by Nawrocki, second byJolly to contract with Arrowhead
Fireworks Company for the Fourth of July display at a cost of
$5,000 based on quality and quantity and to authorize the
Mayor and City Manager to execute a contract for same. Roll
call: All ayes
Motion by Nawrocki, second by Jolly to enter into a Hold
Harmless Agreement with Hillcrest Development for the use of
the Hillcrest property in exchange for the City maintaining
Hillcrest's property during the summer months. Roll call: All
ayes
Motion by Nawrocki, second by Jolly to accept all donations
for the Fourth of July Celebration and authorize the
expenditure of donations towards the total expenditure of
$6,000 and that any portion of the $6,000 not funded by
donations be taken from the Mayor and City Council budget.
Roll call: All ayes
Acting Police Chief Compensation
Councilmember Jolly stated he felt the compensation amount was
unusual in that it nearly equals what is the full rate of pay
for the position. He also mentioned there are no dates
attached to the pay.
Councilmember Nawrocki felt the increase is in order for the
additional tasks and that it ceases with a permanent
appointment.
Councilmember Jolly noted that the Mayor has stated he intends
to fill the position of Police Chief within six months. He
inquired if any other personnel in the Police Department could
also fill the position of Acting Police Chief.
The Mayor responded this was possible. Me stated he hopes to
fill the position by the first of the year. He also hopes to
hire two, maybe three, patrolmen.
Councilmember Jolly again stated he feels the process is
flawed and the salary for the "acting" position.is not in the
best interests of everyone. He mentioned that members of the
Human Services Commission have noted the terminology of "new"
chief or "another" chief and they are concerned.
Motion by Nawrocki, second by Sturdevant to authorize
adjustment of Leonard Olson's pay rate to $5,018 per month as
compensation for Acting Police Chief responsibilities and said
REGULAR COUNCIL MEETING
JUNE 13, 1994
PAGE 23
compensation shall remain in force until the appointment of a
Police Chief or the rescinding by the Mayor of Acting Chief
responsibilities of Mr. Olson. Roll call: All ayes
h. Gambling License Request - World Association of the
Alcohol Beverage Industries. Inc.. Minnesota Chapter
Motion by Nawrocki, second by Ruettimann to direct the City
Manager to advise the Minnesota Charitable Gambling Control
Board that the City is denying the gambling license request to
the World Association of the Alcohol Beverage Industries,
Inc., Minnesota Chapter, for gambling activities at the Box
Seat Sports Bar & Grill, 4005 Central Avenue, Columbia
Heights. Roll call: All ayes
i. Change Orders at Library
Motion by Peterson, second by Ruettimann to authorize the
Mayor and City Manager to enter into an add-on change order
with Haymaker Construction in the amount of $1,030.00 to
install a suspended ceiling with two banks of lighting in the
new bathroom; wire the new trouble (alarm) light for the sump
pumps into a separate circuit than the sumps; construct a
removable plywood box around the electric outlets and piping
at the sumps. Roll call: All ayes
Councilmember Nawrocki felt there have been some very
troublesome problems with what has been going on with this
contract and project.
The City Manager advised that the project architect had
neglected to include some items.
Councilmember Jolly, who represents the Council on the Library
Board, stated there may be some more change orders and the
costs could be very high for a very nicely finished job.
10. ~EPORTS
a. Report of the City Manager
The City Manager's report was submitted in written form and
the following additional items were discussed:.
Special Projects. Coordinator Position: Councilmember Nawrocki
noted that this position has been filled. He recalled this
matter had been discussed at a Council work session and it had
been indicated that alternatives for the position would be
explored. This was not done. Councilmember Nawrocki felt it
was a missed opportunity to save some money.
REGULAR COUNCIL MEETING
JUNE 13, 1994
PAGE 24
Waste Management Fees: Councilmember Nawrocki inquired as to
what the City is committed to with the reference to "best
efforts" referred to in Resolution No. 94-35. The City
Manager referred him to the third page of the resolution
regarding the proposed property reductions.
b. Report of the City Attorney
The City Attorney had nothing to report at this time.
ADJOURNMENT
Motion by Ruettimann, second by Nawrocki to adjourn the
meeting at 12:15 a.m. Roll call: All ayes
yo~ Jcfseph~Stur~d an
~Jo'Anne 'Studen~ouncil Secretary