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January 10, 1994
OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING JANUARY 10, 1994 The Council Meeting was called to order at 7:00 p.m. by Council President Nawrocki. The Oath of Office was administered by the City Clerk to Mayor Sturdevant, Councilmember Nawrocki and Councilmember Jolly. 1. ROLL CALL Jolly, Nawrocki, Ruettimann, Peterson, Sturdevant - present 2. PLEDGE OF ALLEGIANCE 3. CONSENT AGENDA The following items were addressed by the Council on the Consent Agenda: Handicapped Parking Request - Immaculate Conception Church The Council approved designating the west side of Jackson Street "Handicap Parking" from the north parking lot entrance to 75' south of the centerline of 41st Avenue Northeast and designating the east side of Jackson Street "No Parking Saturday 4PM to 6PM and Sunday 6AM to Noon" from the north parking lot entrance to 4]st Avenue Northeast. installation of Light at Keyes Park The Council authorized staff to have a light installed in Keyes Park to facilitate sledding with funds from Fund I01- 45200-5130, based on a recommendation of the Park and Recreation Commission. Renewal of Membership in Association of Metropolitan Municipalities The Council authorized payment of $4,909 to the Association of Metropolitan Municipalities for payment of the City's ]994 membership dues with such funds to come from Fund ]01-41110- 4330. Renewal of Membership in North Metro Mayors' Association The Council authorized.payment of $12,295 to the North Metro Mayors' Association for payment of the City's 1994 membership dues. Establish Date for Public Improvement Hearing The Council established a Public Improvement Hearing for Monday, March 21, 1994 at 7:00 p.m. in the City Council Chambers. REGULAR COUNCIL MEETING JANUARY I0, 1994 PAGE 2 Payment of Bills The Council approved the payment of the bi-lis as listed out of proper funds. o APPROVAL OF CONSENT AGENDA Motion by Nawrocki, second by Ruettimann to approve the Consent Agenda items discussed. Roll call: All ayes APPROVAL OF MINUTES OF PREVIOUS MEETINGS Motion by Nawrocki, second by Ruettimann to approve the minutes of the December 27, 1993 Council Meeting with the inclusion of Councilmember Nawrocki's statement regarding the City Manager's performance evaluation. Roll call: All ayes Councilmember Nawrocki also noted that the corrections he had requested for the December 8, 1993 Council Meeting minutes should have been copied for members of the Council. OPEN MIKE/PRESENTATIONS a. Plaque Presentation to Edward Carlson Mayor Sturdevant presented a plaque to Edward Carlson in recognition of his six years of service as a Councilmember and two years of service as Mayor. b. Appeal of Denial of Taxi Cab License Randy Ziemann, whose application for a taxi cab driver's license was denied, is appealing the Council's decision. He addressed his history in involvements in community affairs and also addressed his history of violations. He did not recall the 1990 misdemeanor when he filled out his application. Councilmember Nawrocki recalled the Council had granted a temporary license under similar circumstances. This situation required a six month monitoring period by the Police Department with a report every 30 days regarding any violations. Motion by Ruettimann, second by Jolly to grant a six month supervised driver's license for a taxi cab to Randy Ziemann with thirty day interval reports from the Police Department and if there is any illegal activity by Mr. Ziemann the license will be revoked immediately and none will be issued in the future. Roll call: Ali ayes REGULAR COUNCIL MEETING JANUARY 10, 1994 PAGE 3 PUBLIC HEARINGS/ORDINANCES/RESOLUTIONS a. Resolution No. 94-01; Counci! Committee. OrGanization Motion by Nawrocki, second by Ruettimann to waive the reading of the resolution there being ample copies available for the public. Roll ca]]: All ayes Councilmember Nawrocki stated that the appointment to the Charter Commission is made by the District Chief JudGe and the HRA appointment is made by the Mayor. He requested these two appointments be removed from the Exhibit. Also, Counci]member Nawrocki wanted Councilmember Gary Peterson recognized as Council President Pro-Tem in the Exhibit. RESOLUTION NO. 94-01 BEING A RESOLUTION PERTAINING TO COUNCIL 1994 COMMITTEE ASSIGNMENTS WHEREAS: After each municipal election, the Council reviews its organizationa! structure relative to boards, commissions and committees; and WHEREAS: This reviewal process was done at Council work session; and the recent WMEREAS: Members of the City Council concurred on the representative appointments as presented in the attached Exhibit NOW, THEREFORE, BE IT RESOLVED, that the representatives to various boards, commissions, and committees be set forth as stated in the attached Exhibit. Offered by: Seconded by: Roll call: Nawrock] Ruettimann All ayes Mayor Joseph Sturdevant Jo-Anne Student, Counci! Secretary Motion by Nawrocki, second by Ruettimann that authorization be given for expenses for Councilmember Nawrock] to attend LeaGue of Cities meetings. Roll call: All ayes REGULAR COUNCIL MEETING JANUARY 10, 1994 PAGE 4 b. Resolution No. 94-02; Beinq a Resolution Orderinq Midblock Light Improvement Motion by ~uettimann, second by Peterson to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 94-02 BEING A RESOLUTION ORDERING IMPROVEMENTS BE IT HEREBY RESOLVED by the City of Columbia Heights by motion on the 27th day of December, 1993 and on the 22nd day of November, 1993 ordered notice of a hearing to be given to property owners, and WHEREAS, pursuant to a notice of hearing certain residents appeared at a Council Meeting on the 27th day of December, 1993, and WHEREAS, the Council, by motion, determined to proceed with this local improvement, a proper portion of the cost of such improvement to be especially assessed against each lot or parcel of ]and is the amount as billed annua]]y by Northern States Power plus and administration fee under Charter provisions. NOW, THEREFORE, IT IS HEREBY RESOLVED: ]. That the location and extent of such improvements is as follows: Alley midb]ock light located in the alley between Tyler Street and Polk Street, 37th Avenue to 39th Avenue. The installation of one (l) high pressure sodium street light in the alley on the existing pole btween 3850 and 3854 Polk Street. 2. That a careful estimate of the cost of the improvements has been made by the City Manager and the several lots and parcels of land fronting upon and adjacent to such proposed improvement, which be deemed benefited thereby, were properly notified of said hearing, and 3. That the City Manager shall also ii'st the names and owners of the several parcels so improved as nearly as can be ascertained. REGULAR COUNCIL MEETING JANUARY 10, 1994 PAGE 5 4. These improvements shall also be known as P.I.R. #677-23- Project 9325. Passed this 10th day of January, 1994. Offered by: Seconded by: Roll call: Ruettimann Peterson All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary Motion by Ruettimann, second by Peterson to call for a Levy Hearing to adopt the alley midblock ]~ght, P.I.R. 677, area 23, Project 9325, Levy Resolution on February 14, 1994 at 7:00 p.m. Councilmember Nawrocki felt the Council should review the proposed revised assessments because of the variations in the shape of the lots involved. The Public Works Director stated he could supply the Council with copies of the revised assessments later in the meeting. Motion by Ruettimann, second by Peterson to table this matter until later in the meeting. Roll call: All ayes c. Resolution No. 94-03; Beinq a Resolution Requestinq the Commissioner of Transportation Set the Maximum Safe Speed for Circle Terrace Boulevard Motion by Peterson, second by Ruettimann to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes If this speed reduction is approved, Councilmember Nawrocki felt it may become a real headache as many other residents may make the same request. He aisc felt it would pose enforcement problems. The Public Works Director noted this issue was also discussed at the Traffic Commission. He felt the 30 MPH speed limit will probably remain. RESOLUTION NO. 94-03 REQUESTING THE COMMISSIONER OF TRANSPORTATION SET THE MAXIMUM SAFE SPEEED FOR CIRCLE TERRACE BOULEVARD REGULAR COUNCIL MEETING JANUARY 10, 1994 PAGE 6 WHEREAS, the Commissioner of Transportation is responsible for setting speed limits throughout the State; and WHEREAS, the Commissioner's Office will conduct an engineering and traffic study for a municipal street and based on said study will set the "maximum" safe speed; NOW, THEREFORE, BE IT RESOLVED by'the City Council of the City of Columbia Heights: That the Commissioner of Transportation conduct a study for Circle Terrace within the City of Columbia Heights for the purpose of setting the maximum safe speed. Dated this 10th day of January, 1994. Offered by: Seconded by: Roll call: Peterson Ruettimann All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary ATTEST: 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 10th day of January, 1994, as shown by the minutes of said meeting in my possession. Jo-Anne Student Deputy City Clerk d. Resolution Establishinq Guidelines on the Cable Casting of City Council Meetings Councilmember Nawrocki felt the resolution was an overreaction to the Council discussion regarding cable casting of meetings. He suggested it would not make sense to cable cast some meetings but there should be some meetings cable cast because of their importance. Councilmember Ruettimann suggested staff look at what would be practical. He also recommended that the agenda for each'board and commission meeting be' put on cable with dates and locations of the board or commission meeting. REGULAR COUNCIL MEETING JANUARY 10, 1994 PAGE 7 The City Manager said he wi I1 have the agendas for board and commission meetings placed on cable right away. Councilmember Jolly advocates utilizing cable as much as possible. He suggested that each board and commission be featured at ]east one time on cable so residents could become familiar with who serves and what their charge is. Motion by Nawrocki, second by Peterson to table this item for additional information which is to include the opinions of the persons who serve on the City's boards and commissions about cable casting in general and an annual cablecast specifically. Roll call: All ayes Levy Hearing - Midb]ock Light Impr'ovement (continued) Motion by Ruettimann, second by Peterson to remove this issue from the table. Roll call: All ayes The Public Works Director distributed copies of the revised assessments for the midblock light improvement project. These figures were for the estimated annual parcel cost and the assessment cost breakdown. The previously moved motion is as follows: Motion by Ruettimann, second by Peterson to call for a Levy Nearing to adopt the alley midb]ock light, P.I.R. 677, Area 23, Project 9325, Levy Resolution on February I4, 1994 at 7:00 p.m. Roll call: All ayes e. Resolution No. 94-04; Authorizinq the Purchase of Varfous Residential Properties Located in the Sheffield Neighborhood A copy of the revised purchase agreement was distributed to the Council. 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 Councilmember Nawrocki requested an explanation of the differences in the revised purchase agreement. The City Manager gave these explanations noting that most of them were clarifications. Councilmember Jolly inquired as to the condition of these two buildings. He was advised that one is in relatively good condition and the second needs some work. REGULAR COUNCIL MEETING JANUARY 10, 1994 PAGE 8 Councilmember Nawrocki again expressed his concern with acquiring properties without holding a public hearing or having a plan. He inquired if either property is currently licensed. The City Manager responded that one is currently licensed. Councilmember Ruettimann felt a plan could be developed around what you have and it is prudent to acquire this property now. Councilmember Peterson agreed and felt these acquisitions were an investment in the community. Counci]member Nawrocki observed that money to make these purchases is being borrowed from a fund on a temporary basis and the Council does not know how the money is going to be paid back. Councilmember Jolly shared this concern. The City Manager advised that the owners are anxious to complete the sale as they cannot keep these properties indefinitely. The properties are vacant and are generating no income. He also felt the City had an advantage in that no tenants, ]eases nor incumbrances need to be dealt with. Councilmember Jolly questioned the possibility of the owners, Anthony and Agnes Yurkew, keeping the properties and joining in with the plan for the area. He also would like to see some of the present owners of property in the area join in the revitalization of the neighborhood. RESOLUTION NO. 94-04 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 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 REGULAR COUNCIL MEETING JANUARY 10, 1994 PAGE 9 WHEREAS, the City has an option to acquire 2 such non-owner occupied duplexes located at 4637 - 4639 Fillmore Street and 4613 - 4615 Fillmore Street pursuant to that certain Purchase Agreement by and between the City of Columbia Heights and Anthony and Agnes Yurkew (the "Sellers") and the Purchase Agreement was signed by the Sellers on January 3, 1994, 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. 2. The City Council hereby authorizes the City ManaGer to handle all the requirements and conditions in order for the City to complete the transaction contemplated in the Purchase Agreement. 3. The City Council approves an interim source of funding from Capital Improvement Fund 410 in the amount of $112,000, with an interfund loan from the Retained EarninGs Fund 652, Sewer Construction Fund, so the City may acquire the rea] property as provided in the Purchase Agreement. 4. The City Manager is authorized to work jointly with the Authority to identify a permanent source of project financing. 5. The Interim Sources will be repaid at such time when sources of permanent financing for the costs identified in the Redevelopment Plan have been received by the City. Passed this 10th day of January, 1994. Offered by: Seconded by: Roil call: Ruettimann Peterson Nawrocki, Ruettimann, Peterson, Sturdevant aye Jolly - abstain Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary REGULAR COUNCIL MEETING JANUARY I0, 1994 PAGE 10 COMMUNICATIONS a. Planning and Zoninq Commission Minutes of the January 4, 1994 Planning and Zoning Commission meeting were included in the agenda packet. No Council action was required. b. Traffic Commission Minutes of the January 3, 1994 Traffic Commission meeting were included in the a~enda packet. No Council action was required. c. League of Minnesota Cities' 1994 Legislative Policies The Council received copies of the 1994 legislative policies adopted by the membership of the League of Minnesota Cities. The City Manager felt this information would be an effective tool and resource when meeting with the City's legislative delegation. Counci]member Nawrocki fe]t that state aid to cities is a priority item for Columbia Heights. He noted that the Governor had wanted to abolish this aid which could have been devastating. Councilmember Jolly inquired if the list of priorities of the North Metro Mayors' Association (NM_MA) was in concert with the policies of the League. The City Manager responded that the NMMA deals more with cities who have some characteristics in common whereas the League takes a broader perspective. d. Notice From Anoka County on Solid Waste Charge In December the Anoka County Board of Commissioners reduced the tipping fee at the Elk River Resource Recovery Facility. This action was taken to compete with out of state landfills. This reduction immediately impacts on the maintenance of the waste system. As a result of this action the garbage rates for Columbia Heights residents will be raised. Councilmember Ruettimann observed that the Council had worked very diligently on keeping tax increases quite modest. Now he feels that the County is mandating a tax which in effect wipes out any savings to residents which may be Generated by the reduced tipping fee. REGULAR COUNCIL MEETING JANUARY 10, 1994 PAGE ]l Councilmember Nawrocki explained that a court decision made on the federal level affected where haulers can take waste. Counties are responsible for having sites for waste. Anoka County reduced its tipping fees to be competitive with out of state landfills. He also noted that the City's contract hauler has indicated appropriate reductions will be made to residents. Counci]member Ruettimann noted that the hauler has not indicated how much will be returned to residents~ He also felt the County Board should have used some discretion in the $36.00 charge. Counci]member Nawrocki felt the County Board was probably in a time bind as this information had to be printed on the property tax statements. Councilmember Ruettimann noted he has a problem with what appears to the City's residents being penalized by being very good recyc]ers. ~e felt the City Council should issue a statement regarding its lack of knowledge of this matter and the exact dollar amount involved. The City Manager advised he can provide additional JnformatJon regarding recommended fee adjustments after the January ]Sth meeting with landlords in the City. Counci]member Jolly felt the Council should make a statement. Councilmember Nawrocki observed that with the adverse decision regarding flow control the City is attempting he does not know for sure the amount the County is imposing on the homeowner is entirely fair. He also noted that the contract with BFI allows for an increase if th~ tipping fee is increased but not for a refund if it decreases. The City has no right to challenge the dollar amount returned for the reduction as well as having no way to verify the funds returned to the hauler. The Assistant to the City Manager advised that BFI has indicated it's willingness to amend the contract to allow for a decrease. She also inquired if the City Council wants its official position regarding the Board's action brought to the Commissioner's Meeting on January ]lth. Councilmember Ruettimann felt the Council should make some statement as he views the County's action as one of penalizing citizens who have done a very good job of recyc]]ng. REGULAR COUNCIL MEETING JANUARY 10, ]994 PAGE 12 Councilmember Nawrocki requested that an analysis of the charges from the County and BFI proposal be brought back to the Council. He also asked that the rate structure is reviewed, the impact of recycling also be reviewed. Motion by Ruettimann, second by Jolly that the Mayor and City Manager present a letter to the Anoka County Board of Commissioners stating the City Council concerns which include how residents have been effected for good recycling and that the residents should not be assessed any more than the hauler. Roll call: All ayes OLD BUSINESS a. Close Out of Special Accounting Funds The City Manager responded to a previous question of Councilmember Nawrocki's regarding reserves for Parkview Villa. He advised that the HRA Executive Director noted there is a separate account, with a total cf $I92,000 for a reserve fund to be used for work done on Parkview Villa. This fund was created in 1992 by the HRA and has retained the fund reserve money. Motion by Nawrocki, second by Peterson to close out Fund 404, Senior Housing Project, and transfer the balance to Fund 376, Tax Increment Debt Service. Roll call: All ayes b. City Attorney Opinion Regarding Proposed Charter Change Councilmember Nawrocki had previously inquired why the City Attorney had changed the position taken by his office regarding the proposed charter change relative to Initiative and Referendum. The City Attorney explained that the opinion was drafted by another attorney and it was incorrect. c. Comments Relative to Adoption of 1994 Budget Councilmember Nawrocki wanted the record to reflect that the comments he made at the December 8th Special Council Meeting relative to the adoption of the budget was not. "grandstanding." He noted that it had been an election issue for him and he supported no tax increases feeling it was not necessary to increase taxes but to reduce expenditures. REGULAR COUNCIL MEETING JANUARY ]0, ]994 PAGE ]3 Me made several motions to eliminate items from the budget which would have resulted in no increases in taxes. They all failed to gain a second. Me does not apologize for offering these motions. He also noted that decisions are not made in work sessions. c. CORE Commission Report Councilmember Nawrocki distributed copies of a study commissioned by the State and compiled by the CORE Commission. The study was to look at reform and efficiency in government with specific emphasis on the cost of municipal services. The survey for the report was sent out to over 200 communities. Columbia Heights did not complete the survey and was not included in the study. Fix areas of local government and their services were focused on. Columbia Heights appears to be spending generally above what is necessary for basic services in five of the six areas. Councilmember Kawrocki felt the important issue is whether the service supplied to the residents is being done as co,t- effectively as possible. He suggested the report should serve as a ca!] to re-look how City revenue is being spent. Councilmember Ruettimann observed that it is difficult to compare services rendered as many of the services come from different sources. He did not fee] there was an accurate "apples to apples" comparison in the report. 9. NEW BUSINESS a. Private Storm Sewer Easement - Industrial Steel Councilmember Nawrocki questioned the wisdom of granting an easement which may restrict future development, particularly without any compensation. He understood it would be more cost- effective for the builder to go across City property but it does restrict future use. The City Manager reviewed the reason for the request and is of the opinion that it will have minimal impact on the future use of the land. He felt this was an efficient way to resolve the situation. Councilmember Nawrocki disagreed and stated that the original intent in acquiring the property was for industrial development and this easement may represent a serious disadvantage for the future use of the property. REGULAR COUNCIL MEETING JANUARY 10, 1994 PAGE 14 10. The Public Works Director advised that the owner of Industrial Steel will have a private storm ]/ne which he will have to maintain and clean. It is also anticipated that the owners of the envelope company will not want this pipe emptying onto their property and it will have to be relocated. Motion by Jolly, second by Peterson to authorize the Mayor and City Manager to grant a private storm sewer easment on the property at 500 38th Avenue N.E. to Steven G. Jonak. Roll call: Jolly, Peterson, Sturdevant - aye Nawrocki - nay Ruettimann - abstain The City Manaqer wi]] contact Mr. Jonak regardin~ compensation. b. December's Financial Report Councilmember Nawrocki noted in the December financial report property tax revenue is less than what was budgeted. The City Manager advised this will always be the case because of delinquencies. Ccunc]lmember Nawrocki also noted that full credit cf proceeds was given to the Library. He questioned why the Library did not share the decreases like all of the other departments. He recalled that the Library wanted to have a separate fund but when it comes to being treated like a separate fund it is not. Councilmember Nawrocki inquired as to the Liquor Operation profitability. He was advised the profits are down. c. ~e~al Service Bills Counci]member Nawrocki has observed that there has been no good way to audit the legal bills. Me has received information on a company who examines legal bills and makes recommendations. Me will pass on this company's name for the City Manager to evaluate. REPORTS a. Report of the City Manager The City Manager's report was submitted in written form and the following items were discussed: C.D.B.G. Fundinq: The City Manager suggested these requests for funding from C.D.B.G. monies be on the January lSth Council work session for review. REGULAR COUNCIL MEETING JANUARY I0, 1994 PAGE 15 December 9th Anoka County Court Arraignments: A resident had inquired why no City attorney had been present at four court appearances on December 9th which pertained to the City. The City Manager will advise this resident these appearances were for arraignments and prosecutors do not appear at arraignments. City Manager's Secretary Appointment: The City Manager has appointed Carole Blowers to serve in the position of City Manager's Secretary. Status of Stauch Property Acquisitions: All of the thirteen purchases have been completed. Award of Financial Reporting Achievement: Counci!member Ruettimann mentioned the recognition the City received from the GFOA. He noted that this award was earned by the efforts of the Finance Director, Assistant Finance Director and the Finance Department staff and they should be commended. Councilmember Nawrocki felt the recognition was somewhat sel~- serving as the organization sets up its own standards. He questioned what this really did to inform residents on the financial status of the City. Tt:e City Manager noted this recognition does enhance tke City in the market for its capabilities for a rating. Heights Pride Committee Meeting: Councilmember Nawrocki a!'tended the recent meeting of the Heights Pride C©mm~ttee. T?~e focus of this committee is a month long series of activities which will commence on Arbor Day, April 29th and end with a community picnic on May 21st. Some of the activities will include a clean-up of areas in the City, individual property owners clean-up, beautification of certain areas in the City and other uses of volunteers. The Committee is requesting the City Council to concur with its mission. Also of concern to the Committee is insurance coverage for programs which relate to the use of volunteers. It is the Committee's hope that the City has an insurance umbrella which will cover these activities. The City Manager will discuss this matter with the City's Volunteer Coordinator. b. Report of the City Attorney The City Attorney had nothing to report at this time. REGULAR COUNCIL MEETING JANUARY 10, 1994 PAGE 16 LICENSE APPLICATIONS Motion by Ruettimann, second by Peterson to approve the license applications as listed upon payment of the proper fees. Roll call: All ayes ADJOURNMENT Motion by Ruettimann, second by Nawrock] to adjourn the meeting at 10:05 p.m. Roll call: All ayes ~/~/~a ~o r ~o s ~ph Sturdevant //~o-~nne Stu~dent,--Council Secretary