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HomeMy WebLinkAboutMay 23, 1994OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING MAY 23, 1994 The Council Meeting was called to order at 7:00 p.m. by Mayor Sturdevant. 1. ~ Jolly, Nawrocki, Ruettimann, Peterson, Sturdevant - present 2. PLEDGE OF ALLEGIANCE CONSENT AGENDA The following items were approved on the Consent Agenda: Minutes Qf Previous Meetings The Council approved the minutes of the Special Council Meeting of May 5, 1994 and the Regular Council Meeting of May 9, 1994 as presented. Establish Public Hearing The Council established a public hearing for July 11, 1994 for amending the tax increment district to include the Sheffield Neighborhood and establish financing for the Sheffield Redevelopment Plan. Authorization to Seek Bids The Council authorized staff to seek bids for removal of duplex buildings in the Sheffield Redevelopment Area which is the 4600 block between Pierce and Fillmore Streets. Authorization to Seek Bids to Replace Loader The Council authorized staff to seek bids to replace the 1961 Cat 944 front end loader using equipment #4, #11 and ~12 as trade-ins. Authorization to Dispose of City Property The Council authorized the City Manager to dispose of the surplus equipment shown on the list dated May 11, 1994 at the Hennepin County Equipment Auction scheduled for June 16, 1994. License Applications The Council approved the 1994 license applications as listed upon payment of proper fees and approved the rental property applications as listed for January 1, 1994 to March 31, 1995 as noted on the memorandum from the Fire Captain dated May 11, 1994. REGULAR COUNCIL MEETING MAY 23, 1994 PAGE 2 ~a_vment of Bills The Council approved the payment of the bills as listed out of proper funds. 4. ~PPROV~ OF CONSENT AGENDA Motion by Nawrocki, second by Jolly to approve the Consent Agenda as presented. Roll call: All ayes A resident on 42nd Avenue advised the Council of some ordinance violations in his area. He stated what problems were being experienced and noted the addresses involved. Motion by Ruettimann, second by Nawrocki to refer these matters to the City Manager for follow up. Roll call; All ayes A resident on 46th and Tyler Street advised of an incident involving his daughter. He felt the police were non- responsive. Mayor Sturdevant responded he will check into this situation. The Chairperson of SHINE inquired what strategies are being considered for filling the vacancy in the position of Police Chief. Mayor Sturdevant advised he intends to write a letter to Police and Fire Civil Service Commission regarding its direction. He wants the Commission to consider hiring from within the Department as well as outside of it. It is the Mayor's desire to seethe community policing program continue and to expand and to hire a Chief who is skilled in this kind of policing. Councilmember Nawrocki felt the City had a poor experience by going outside the Department to hire the Chief the last time. He felt that there was good experience and expertise in the Department and that the existing leadership should be given the opportunity to see if they can do the job before making a decision as to whether or not we should look outside the Department for a new chief. Councilmember Ruettimann recalled this was the same process used when Chief Stu Anderson was hired. He felt it did not fail then. Councilmember Nawrocki indicated the difference between the situation when Anderson was hired and now is that there is considerably more experience and expertise in the Department now than when Anderson was appointed Chief. REGULAR COUNCILMEETING MAY 23, 1994 PAGE 3 Councilmember Jolly stated his confidence in the Civil Service Commission and in the process used before. Another resident felt the grant funding received allows for a good opportunity to hire officers who would bring diversity to the Department. She also noted this could afford an opportunity to hire a qualified minority or female. She referred to a list of "protected class" persons available to the Civil Service Commission. Mayor Sturdevant stated he wants the best person for the job. Councilmember Jolly felt this would happen if open competition is allowed. Councilmember Ruettimann noted that MPRS was used previously to test for patrolmen. Discussion continued regarding any people from within the Department who previously tested and qualified for the position of Chief. Councilmember Ruettimann verified with the Mayor that the process for replacing the Police Chief will start after June 10th when the current Chief is leaving. This process will include persons inside the Department as well as outside. PUBLIC HEARINGS~ORDINANCES & RESOLUTIONS a. Public Hearing - 44th Avenue Sidewalk The Public Works Director reviewed the history of this sidewalk request and its associated surveys and petitions. He advised that variances will be needed as portions of the roadway do not meet state standards. If these variances are not granted, state funds will not be available for the project and individual properties would be assessed. Discussion continued regarding what problems would be solved with the installation of the sidewalk and what problems would be created. There was agreement among the residents that speed and increased traffic are the current problems which need to be addressed. Motion by Nawrocki, second by Ruettimann to authorize the project for the installation of a sidewalk on the north side of 44th Avenue from Tyler Place to Reservoir Boulevard, that the City Manager and Public Works Director apply for variances from the State in order to receive funding, and to re-open the hearing if the project is to proceed without M.S.A.S. funds; also, direct the Traffic Commission to study some of the problems associated with this area, such as speed, parking, midblock pedestrian crosswalk, signage, etc. Roll call: All ayes REGULAR COUNCIL MEETING MAY 23, 1994 PAGE 4 b. Continuation of Public Improvement Hearing: Erosio~ Control on East Bank of LaBelle Park The City Attorney was requested to draft a "hold harmless" agreement for property owners affected with the erosion control project proposed by the City. This document is a "Slope Easement." The Public Works Director will meet with individual property owners regarding their position on signing this document and return his findings to the City Council. This easement requires 100% participation. Councilmember Nawrocki inquired what would happen to the project if not all owners sign. The City Manager responded it would then be a judgement call by the City Council. Motion by Peterson, second by Ruettimann to authorize the Mayor and City Manager to execute slope erosion protection easement agreements with the property owners along the east bank of LaBelle Park and that the public hearing be continued until June 6, 1994 at 8:00 p.m. Roll call: All ayes c. Public Hearing Regarding Homestead Classification of 3932 Central Avenue (ACCAP Theatre Heights Project) Additional information was received from ACCAP regardng the use of funding obtained from a homestead tax designation for the project. Councilmember Nawrocki felt this new information should be discussed at a Council work session before any action is taken. Motion by Nawrocki, second by Ruettimann to refer this matter to the May 31st Council work session to allow enough time for the City Manager to get some information to the local newspapers Manager. Roll call: All ayes Councilmember Ruettimann expressed his concern with the continued active participation of ACCAP in future years. Donation Re_c~uest for Landfill Abatement Lobbying The Fridley Chamber of Commerce is requesting a $500 donation to the county-wide lobbying effort which successfully resulted in the passage of landfill clean-up legislation. Payments for the lobbying firm are being administered by the Fridley Chamber but many other chambers and municipalities have contributed and participated. REGULAR COUNCIL MEETING MAY 23, 1994 PAGE 5 Motion by Jolly, second by Peterson to authorize a $500 donation to the Fridley Chamber for the Landfill Abatement Lobbying with funding to come from Council Contingency Fund #101-41110-8100. Roll call: All ayes d. Second Reading - Ordinance No. 1289. Amendment to Conduct on Licensed Premises as it Relates to Compliance Timeframes Motion by Peterson, second by Ruettimann to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1289 BEING AN ORDINANCE AMENDING CONDUCT ON LICENSED PREMISES The City of Columbia Heights does ordain: Section 5A.409 and Section 5A.410 of the City Code of 1977, as amended , passed June 21, 1977, which is currently reserved, shall hereafter read as follows, to wit: Section 9: License Fees 5A.409(1) License fees, inspections fees, and reinspection fees shall be established by Council resolution. Section 10: Conduct on Licensed Premises 5A.410(1) It shall be the responsibility of the licensee to take appropriate action following conduct by persons occupying the premises which is determined to be disorderly, in violation of any of the following statutes or ordinances: (a) MN Statute 609.75 through 609.76, which prohibit gambling; (b) MN Statute 609.321 through 609.324 which prohibit prostitution and acts relating thereto; (c) MN Statute 152.01 through 152.025, and Statute 152.027, subdivisions 1 and 2, which prohibit the unlawful sale or possession of controlled substances; (d) MN Statute 340A.401, which prohibits the unlawful sale of alcoholic beverages. (e) MN Statute 609.33, which prohibits owning, leasing, operating, managing, maintaining, or conducting a disorderly house or inviting or attenpting to invite others to visit or remain in a disorderly house; (f) Section 10.312 of this code, which prohibits noisy assemblies; REGULAR COUNCIL MEETING MAY 23, 1994 PAGE 6 (g) MN Statutes 97B.021, 97B.609.66 through 609.67 and 624.712 through 624.716, and section 10.307 of this code, which prohibits the unlawful possession, transportation, sale or use of a weapon; or (h) MN Statute 609.72, which prohibits disorderly conduct. (i) Mn Statute 609.221 through 609.224, which prohibits assaults, including domestic assault as defined in MN Statute 518B.01. (j) Violation of laws relating to contributing to need for protection or services or delinquency of a minor as defined in MN Statute 260.315. (k) Section 8.201 et al. of this ordinance which relates to animal noises and public nuisances. 5A.410(2) The Police Chief (Department) shall be responsible for enforcement and administration of this section. 5A.410(3) Upon determination by the Police Chief (Department) that a licensed premises was used in a disorderly manner, as described in Section (1), the Police Chief (Department) shall notify the licensee by mail of the violation and direct the licensee to take steps to prevent further violations. 5A.410(4) If another instance of disorderly use of the licensed premises occurs within twelve ¢12) month~ of an incident for which a notice in subsection (3) was given, the Police Chief (Department) shall notify the licensee by mail of the violation and shall also require the licensee to submit a written report of the actions taken, and proposed to be taken, by the licensee to prevent further disorderly use of the premises. This written report shall be submitted to the Police Chief (Department) within five (5) days of receipt of the notice of disorderly use of the premises within the preceding twelve f12~ months. If the licensee fails to comply with the requirement of this subsection, the rental dwelling license for the premises may be denied, revoked, suspended, or not renewed. An action to deny, revoke, suspend, or not renew a license under this section shall be initiated by the City Council at the request of the Police Chief (Department) in the manner described in Section 5A.408(1) through 5A.408(4). 5A.410(5) If another instance of disorderly use of the licensed premises occurs within twelve ~12~ months after any two (2) previous instances of disorderly use for which notices were sent to the licensee pursuant to this section, the rental REGULAR COUNCIL MEETING MAY 23, 1994 PAGE 7 dwelling license for the premises may be denied, revoked, suspended, or not renewed. An action to deny, revoke, suspend, or not renew a license under this section shall be initiated by the City Council at the request of the Police Chief (Department) in the manner described in Sections 5A.408(1) through 5A.408(4). 5A.410(6) No adverse license action shall be imposed where the instance of disorderly use of licensed premises occurred during the pendency of eviction proceedings (unlawful detainer) or within thirty (30) days of notice given by the licensee to a tenant to vacate the premises, where the disorderly use was related to conduct by the tenant or by other occupants or guests of the tenant's unit. Eviction proceedings shall not be a bar to adverse license action, however, unless they are diligently pursued by the licensee. Further, an action to deny, revoke, suspend, or not renew a license based upon violations of this section may bepostponed or discontinued at any time if it appears that the licensee has taken appropriate measures which will prevent further instances of disorderly use. 5A410(7) A determination that the licensed premises has been used in a disorderly manner as described in subsection (1) shall be made upon substantial evidence to support such a determination. It shall not be necessary that criminal charges be brought to support a determination of disorderly use, not shall the fact of dismissal or acquittal of criminal charges operate as a bar to adverse license actionunder this section. 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: May 9, 1994 May 23, 1994 May 23, 1994 Offered by: Seconded by: Roll call: Peterson Ruettimann All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary e. Second Reading - Ordinance No. 1288 Pertaining to the Repeal of Pool Halls as a Permitted Principal Use Within the "CBD" Business District REGULAR COUNCIL MEETING MAY 23, 1994 PAGE 8 Motion by Ruettimann, second by Peterson to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1288 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO THE REPEAL OF POOL HALLS AS A PERMITTED PRINCIPAL USE WITHIN THE "CBD" BUSINESS DISTRICT The City of Columbia Heights does ordain: Chapter 9, Article I, Section 12 (9.112), of Ordinance No. 853, City Code of 1977, which currently reads as follows, to wit: 9.112(1) Permitted Principa~ Uses Businesses providing the following sales and/or services: (a) Antiques (b) Appliances (c) Art and school supplies (d) Bakery goods (e) Banks (f) Barber shops (g) Beauty parlors (h) Books and office supplies (i) Bowling alleys (j) Broadcasting studio (k) Business school (1) Bus and transportation center (m) Candy, ice cream, popcorn, nuts, frozen desserts and soft drinks (n) but not where a drive-in service is provided (o) Camera and photographic sales and repairs (p) Carpets and rugs (q) Tennis, racquetball, handball, table tennis and boxing clubs along with clubs defined by Minnesota Statute 340.07, sub(]. 15 (r) Coins and stamps (s) Costume and formal wear rental (t) Delicatessen (u) Department stores (v) Drugs (w) Dry cleaning and laundry pick-up locations (x) including incidental pressing and repair (y) Dry cleaning and laundry self-service facility (z) Employment agency REGULAR COUNCIL MEETING MAY 23, 1994 PAGE 9 (aa) Florist shop (bb) Floor covering (cc) Frozen foods, not including a locker plant (dd) Furniture, including upholstery, when conducted as a secondary use (ee) Fur products and the processsing of furs when (fl) directly related to retail sales from the site (gg) Gifts and novelties (hh) Glass, china and pottery (ii) Grocery, fruits and vegetables (jj) Hardware (kk) Hobby crafts including handicraft classes (11) Hotel (mm) Interior decorating studio (nn) Jewelry, time pieces and repairs (oo) Leather goods and luggage (pp) Library, both private and public (qq) Liquor store (off-sale) (rr) Meat market, but not including processing for a locker plant (ss) Musical instruments and repairs (tt) Newsstands (uu) offices-business and professional (w) Offices-governmental (ww) Paint, wallpaper and related materials (xx) Pet shop, provided the operation shall not include the boarding of pets for a fee, the maintaining of pens outside of the building or the operating so as to cause an offensive odor or noise (yy) Photographic studio (zz) Pipe and tobacco shop (aaa)Post office or telegraph sub-station (bbb)Printing shops which occupy not more than three thousand (3,000) square feet of gross floor area (ccc)Pool halls (ddd)Records, television, radio, hi-fi and recording equipment (eee)Savings and loan offices (fff)Sewing machine, related equipment and sewing classes (ggg)Shoes and shoe repair (hhh)Sporting goods (iii)Stationary supplies (jjj)Tailor shop (kkk)Theater, not a drive-in variety (ill)Television studio (mmm) Toys (nnn) Transportation center (ooo) Travel bureau (ppp) Variety store REGULAR COUNCIL MEETING MAY 23, 1994 PAGE 10 shall hereafter be amended to read as follows, to wit: 9.112.(1) Permitted Principal Uses Businesses providing the following sales and/or services: (w) (x) (y) (z) (a) Antiques (b) Appliance sales and service (c) Art and school supplies (d) Bakery goods (e) Banks (f) Barber shops (g) Beauty parlors (h) Books and office supplies (i) Bowling alleys (j) Broadcasting studio (k) Business school (1) Bus and transportation center (m) Candy, ice cream, popcorn, nuts, frozen desserts and soft drinks but not where a drive-in service is provided (n) Camera and photographic sales and repair (o) Carpets and rugs (p) Tennis, racquetball, handball, table tennis and boxing clubs along with clubs defined by Minnesota Statute 340.07, subd. 15 (q) Coins and stamps (r) Costume and formal wear rental (s) Delicatessen (t) Department stores (u) Drug (v) Dry cleaning and laundry pick-up locations including incidental pressing and repair Dry cleaning and laundry self-service laundry Employment agency Florist shop Floor covering (aa) Frozen foods, not including a locker plant (bb) Furniture, including upholstery, when conducted as a secondary use. (cc) Fur products and the processing of furs when directly related to retail sales from the site (dd) Gifts or novelties (ee) Glass, china and pottery (ff) Grocery, fruit and vegetables (gg) Hardware (hh) Hobby crafts including handicraft classes (ii) Hotel (jj) Interior decorating studio (kk) Jewelry, time pieces and repairs REGULAR COUNCIL MEETING MAY 23, 1994 PAGE 11 (11) Leather goods and luggage (mm) Library, both public and private (nn) Liquor store (off-sale) (oo) Meat markte, but not including processing for a locker plant (pp) Musical instruments and repairs (qq) Newsstands (rr) Offices-business and professional (ss) Offices-governmental (tt) Paint, wallpaper and related materials (uu) Pet shop, provided the operation shall not include the boarding of pets for a fee, the maintaining of pens outside of the building or the operating so as to cause an offensive odor or noise (w) Photographic studio (ww) Pipe and tobacco shop (xx) Post office or telegraph sub-station (yy) Printing shops which occupy not more than three thousand (3,000) square feet of gross floor area (zz) Records, television, radio, hi-fi and recording equipment (aaa)Savings and loan offices (bbb)Sewing machine, related equipment and sewing classes (ccc)Shoes and shoe repair (ddd)Sporting goods (eee)Stationary supplies (fff)Tailor shop (ggg)Theater, not a drive-in variety (hhh)Television studio (iii)Toys (jjj)Transportation center (kkk)Travel bureau (ill)Variety store First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll call: May 9, 1994 May 23, 1994 May 23, 1994 Ruettimann Peterson All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary f. First Reading - Ordinance No. 1284, Amending Charter REGULAR COUNCIL MEETING MAY 23, 1994 PAGE 12 Motion by Ruettimann, second by Peterson to waive the reading of the ordinance there being ample copies available for 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 maybe issued by four-fifths vote of the council without previous approval of the voters of said city, but subject tot he 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, 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. REGULAR COUNCIL MEETING MAY 23, 1994 PAGE 13 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 may be derived, owned and operated by the 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. 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 REGULAR COUNCIL MEETING MAY 23, 1994 PAGE 14 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, ,nd 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 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 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 bysuch 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 D~l~B~7~ authorizing them and the proceeds from such bonds shall not be diverted to any other purpose. REGULAR COUNCIL MEETING MAY 23, 1994 PAGE 15 Before any bonds are sold. there shall be a four-fifths vote of the council authorizing the issuance of the bonds by ordinance. Following its passage, the ordinance shall be published 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 authorizing the issuance. Subsequent to the passage of the ~uthorizing ordinance~ its publication, and the thirty-day period, the bond sale shall occur within sixty days. Durin~ said sixty day period, the City Manager shall have the authority to establish a special meeting upon at least seventy-two (72) hours advance notice to each member of the council. At that special meeting, the City Manager is ~uthorized to receive the actual bid(s) or sale of the bonds to be negotiated. The actual award or sale of the bonds shall be 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: 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. REGULAR COUNCIL MEETING MAY 23, 1994 PAGE 16 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 purchasse, 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 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 Drdinanc~ 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: May 23, 1994 Motion by Ruettimann, second by Peterson to schedule the second reading of Ordinance No. 1284 for June 13, 1994 at 7:00 p.m. at the City Council Chambers. Roll call: All ayes g. Rgsolution Establishing Maximum Property Tax Guideline for 1995 Budget Councilmember Nawrocki offered and read the resolution as follows: REGULAR COUNCIL MEETING MAY 23, 1994 PAGE 17 RESOLUTION ESTABLISHING MAXIMUM PROPERTY TAX GUIDELINE FOR 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 (budget for 1994) by the property tax payers of Columbia Heights for municipal purposes to have increased by 25.79% from 1991 - 1994 (not counting State credits, fiscal disparities, or the HRA levy), and WHEREAS, The General Fund of the City was 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. Motion dies for lack of a second. Motion by Ruettimann, second by Peterson to table further consideration of this resolution for a Council work session. Roll call: All ayes COMMUNICATIONS a. Request to Serve Beer - Sperr Motion by Nawrocki, second by Jolly to approve the request of Mark and Tammy Sperr of 4221 University Avenue, Columbia Heights, Mn. to serve 3.2 beer at their informal softball game on Saturday, June 11, 1994 from 1:00 p.m. to 5:00 p.m. at Gauvitte Park; such approval in conjunction with the Recreation Director's approval. Roll call: Ail ayes REGULAR COUNCIL MEETING MAY 23, 1994 PAGE 18 8. OLD BUSINESS a. Purchase of Playground E_~uipment for Edgemoor, Keyes~ and Hilltop Park Motion by Peterson, second by Ruettimann to authorize the purchase of replacement equipment for Edgemoor, Keyes and Hilltop Parks from Minnesota Playground of Golden Valley, Minnesota, the lowest, qualified, responsible bidder, in the amount of $21,876.33, with the funds from Account #412-45200- 5180; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: All ayes b. Public Officials' Liability Insurance Councilmember Nawrocki inquired as to any additional information received regarding public officials' liability coverage. The City Manager responded this information will be scheduled for presentation at the June 13th Council Meeting. c. Purchase of Fire Truck Councilmember Nawrocki felt there should be more discussion before the bids go out for the purchase of a new fire truck. The City Manager advised there will be a meeting of the City Council with the Fire Chief, members of a committee and the City's Shop Foreman regarding this matter. d. Suburban Rate Authority Councilmember Nawrocki requested Council input about the increase of $200 for this year for participation in the Suburban Rate Authority. This amounted to a $25.00 increase per vote. There were no opinions expressed by the Councilmembers. e. Library Project Councilmember Jolly inquired as to the progress of the project at the Library. The City Manager advised that the contractor's bonding company has taken over the project. Some interim work is currently being done. f. Water Study Councilmember Jolly requested information regarding the water study. The Public Works Director responded that the report should be completed by the second week in June. REGULAR COUNCIL MEETING MAY 23, 1994 PAGE 19 e NEW BUSINESS a. Authorization to Approve Proposal for the Sheffield Planning Analysi~ Motion by NaWrocki, second by Jolly to award the contract to McCombs Frank Roos Associates, Inc. for a land use and site design study of the 4600 block between Pierce and Fillmore Street in the Sheffield area, at a cost not to exceed $4,000; with the funding to come from Fund No. 410, and to authorize the Mayor and City Manager to enter into a contract for the same. Roll call: Jolly, Nawrocki, Sturdevant - aye abstain Peterson - nay Ruettimann - b. Authorization to Replace Vehicle #199 Motion by Ruettimann, second by Jolly to authorize staff to purchase a new 1994 3/4 ton, 4 x 4 pickup to replace Vehicle #199 from the State Contract at a cost of $14,777 plus tax and $2,486 for options to do plowing for a total package price of $17,263 with the funding from the Capital Equipment Replacement Fund; and furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. Roll call: All ayes This vehicle will be replacing a similar one which was demolished in an accident. The Public Works Director advised that the other driver admitted fault. Any insurance settlement received will be used to reimburse the Capital Equipment Replacememt Fund. Councilmember Nawrocki observed that the savings quoted in the supporting documentation is inaccurate. He requested that one of the suppliers be contacted regarding this. He also stated his concern with getting the insurance compensation and questioned whether or not the damaged vehicle could be repaired. c. Establish Work Sessions Motion by Peterson, second by Ruettimann to establish work sessions for Tuesday, May 31st at 7:00 p.m., Monday, June 6th at 8:00 p.m. and Monday, June 20th at 8:00 p.m. Roll call: All ayes REGULAR COUNCIL MEETING MAY 23, 1994 PAGE 20 d. Clean Water Act Councilmember Jolly contacted the Health Department regarding the Clean Water Act. He was told that testing fees will remain the same and will continue to be charged. Councilmember Jolly mentioned that long time Columbia Heights resident, John Hemak, will be eighty years old. 10. a. Report of the City Manager The City Manager's report was submitted in written form and the following items were discussed: SACCC Values Program: Councilmember Nawrocki inquired if anyone from the staff attended this organization's May 3rd meeting. The City Manager responded that no one did but he intends to attend the May 24th meeting. Trailer Liability: Staff reported the City would be the source of liability for any claims associated with a trailer or float owned by an outside organization when a city vehicle is the towing vehicle. This information was in response to a question regarding the Jamboree Queen's float. councilmember Nawrocki disagrees with this finding and stated that the City was doing the Queen Committee a favor by allowing one of its vehicles to be used. He wants to stay away from any liability as the City has no control over the use of the trailer or float. He feels the staff should be thinking of ways to protect the City rather than subjecting the City to risks. Councilmember Ruettimann noted that the float has the City's name on it. City Open House: Councilmember Nawrocki requested the total costs associated with the City's Open House. b. Report of the City Attorney The City Attorney had nothing to report at this time. REGULAR COUNCIL MEETING MAY 23, 1994 PAGE 21 ADJOURNMENT Motion by Ruettimann, second by Peterson to adjourn the meeting at 11:10 p.m. Roll call: All ayes Jo-A~ne Studen% ,~ ~otln~cil ://~ y r Jo'se~h Stu~d-ev~nt ' Secretary