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HomeMy WebLinkAboutFebruary 27, 1995OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS BOARD OF TRUSTEES VOLUNTEER RELIEF ASSOCIATION FEBRUARY 27, 1995 The Board of Trustees Meeting was called to order at 9:11 p.m. by Mayor Sturdevant. ROLL CALL Jolly, Ruettimann, Peterson, Sturdevant - present APPROVAL OF MINUTES Motion by Ruettimann, second by Peterson to approve the minutes of the November 28, 1994 Board of Trustees Meeting as presented. Roll call: All ayes LEAVE OF ABSENCE Motion by Peterson, second by Ruettimann to record the leave of absence status for Jason W. Ortman, Volunteer Fire Department, effective March 1, 1995 to September 1, 1995. Roll call: All ayes ADJOURNMENT Motion by Peterson, second by Ruettimann to adjourn the Board of Trustees Meeting at 9:12 p.m. Roll call: All ayes  ayor JoSePh st~rdevant- -Anne Student, Council Secretary OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING FEBRUARY 27, 1995 The Council Meeting was called to order at 7:00 p.m. by Mayor Sturdevant. Jolly, Ruettimann, Peterson, Sturdevant - present 2. PLEDGE OF ALLEGIANCE 3. CONSENT AGENDA The following items were approved on the Consent Agenda: Estsblish Hearing Date for Revocation or Suspension of a Rental Pro_perry License. 4038 Madison Street and 3817 Central Avenue The council established a hearing date of March 13, 1995 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against the above described owners and properties. Request for One-Time Gamblina at Huset Park The Council directed the City Manager to advise the Minnesota Charitable Gambling Control Board that the City has no objections to the issuance of a one-time raffle to be conducted by the Minnesota Bass Federation at Huset Park on Nay 28, 1995 and that the sixty day waiting period be waived as well as the action being stipulated upon the Association paying the $25.00 license fee to the City of Columbia Heights. Accept Donation from the VFW Post 230 for Safety Equipment The Council accepted the donation of $3,328.00 from VFW Post 230 for safety equipment for each police and community service officer. AUthorization to Attend Out of Town School The Council authorizedthe PoliceDepartment to send Sergeant William Roddy to the three day training session in Family Group Conferencing in Philadelphia, Pennsylvania, March 22 through March 24, 1995 and authorized expenditures from budgeted Police Department funds. Authorization to Seek Bids for Playaround EauiDment The Council authorized staff to seek bids ~or playground equipment replacement at Mathaire and LaBelle (north) parks. REGULAR COUNCIL MEETING FEBRUARY 27, 1995 PAGE 2 Authorization to Seek Bids to Replace Pickup #206 The Council authorized staff to seek bids to replace Unit $206, a 1984 GMC Sierra crew cab pickup. Authorization to Seek Bids to Acquire Lawn Sweeper The Council authorized staff to seek bids for & self-powered lawn sweeper using tractor ~283 as a trade-in. License Applications The Council approved the 1995 license applications as listed upon payment of proper fees and the rental property license applications as stated on the February 27, 1995 memorandum from Lowell DeMars. APPROVAL OF CONSENT AGENDA Motion by Jolly, second by Peterson to approve the Consent Agenda. Roll call: All ayes APPROVAL OF MEETING MINUTES Motion by Peterson, second by Ruettimann to approve the minutes of the Regular City Council Meeting of February 13, 1995 with the corrections as submitted by the City Manager. Roll call: All ayes The resident from 1221 39th Avenue had previously requested Mayor Sturdevant to state his rankings of candidates for appointment to the Civil Service Commission. He declined to publicly respond with this information and had suggested she could come to his office in City Hall for this information. She again requested this information be given at the Council Meeting. The Mayor stated he preferred not to state this information now and invited her to come to his office. The other three members of the Council stated their rankings of applicants for the Civil Service Couission. One applicant, Sean Clerkin, was not interviewed for the ~osition. Councilmember Jolly felt the only flaw in the appointment process for this commission was that members of the Council did not discuss their findings after they had completed their rankings. REGULAR COUNCIL MEETING FEBRUARY 27, 1995 PAGE 3 A resident from Fifth Street had comments regarding numerous issues. Many of the issues he had brought before the Council previously. Some which were mentioned for the first time included the additional funding authorized for the project on 47th Avenue, new squard car purchases, ambulance service, Hilltop sewer problems, overweight trucks and holding Open Mike at the end of the Council Meeting as well as at the beginning. A former Columbia Heights resident expressed his concern that he did not receive what he viewed as adequate compensation for being relocated and not being relocated into Section 8 housing. This matter will be pursued by the City Manager. PUBLIC HF~RINGS/ORDINANCES/RESOLUTIONS a. Second Reading of Ordinance No. 1297. Beina an Ordinance Authorizing the Conveyance of Certain Real Estate Located at 4531-33 Fillmore Street Motion by Ruettimann, second by Peterson to waive the reading of the ordinance there being ample copies available for the public. Roll call: Ail ayes ORDINANCE NO. 1297 BEING ANORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL ESTATE LOCATED AT 4531-4533 FILLMORE STREET NORTHEAST The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights may convey unto First Choice Homes, Inc., the real property described as follows, to wit: The north sixty-seven (67) feet of the south ninety-seven (97) feet of Lot 12, Block 2, Sheffield Subdivision. PIN 25-30-24-34-0097 Section 2: The Mayor and City Manager are herewith authorized to execute deeds to effectuate the conveyance of said real estate subject to the terms, purchase price, and conditions specified in the attached agreement labeled "Exhibit A." Section 3: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. REGULAR COUNCIL MEETING FEBRUARY 27, 1995 PAGE 4 First Reading: Second Reading: Date of Passage: February 13, 1995 February 27, 1995 February 27, 1995 Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary b. First Readina of Ordinance No. 1280~ Beina an Ordinance Amending Chapter ~. Sections 35 Throuah 46 of %he Charter of th~ City of Columbia Heights Pertainin~ to the Referendums and Referendum Petitions Motion by Ruettimann, second by Jolly to defer this matter to a Council work session. Roll call: All ayes c. Resolution No. 95-13. Beina a Resolution SuDDortina Passaae of the "Minnesota Emerai~a Communications ~rvice~ Act Motion by Jolly, second by Peterson to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 95-13 RESOLUTION SUPPORTING PASSAGE OF THE "MINNESOTA EMERGING COMMUNICATIONS SERVICES ACT OF 1995" WHEREAS, the Columbia Heights/Hilltop Cable Communications Co~mission ("Commission") is a Joint Powers Commission organized pursuant to Minnesota Statutes 471.59, as amended, and includes the following two municipalities: Columbia Heights and Hilltop (hereinafter "Cities"); and WHEREAS, the Joint Powers Agreement between the City of Columbia Heights and the City of Hilltop authorizes the City of Columbia Heights to enforce and administer the cable communications franchises of the Cities of Columbia Heights and Hilltop; and WHEREAS, the Commission serves in an advisory capacity to the City of Columbia Heights and its responsibility is to monitor the operation and activities of cable communications; to provide coordination of administration and enforcement oft he cable franchise; to promote the development of locally produced cable television programming; and to conduct such other activities to ensure equitable and'reasonable rates and service levels for the citizens of the Cities; and REGULAR COUNCIL MEETING FEBRUARY 27, 1995 PAGE 5 WHEREAS, it is the intent of the cable franchise to ensure the development and continued operation of a cable communications system so that the Cities may achieve better utilizatlon and improvement of public services and contribute significantly to the communication needs of its residents; and WHEREAS, in pursuit of these goals the Cities have granted to private interests the use of Public Property and Public Rights-of-Way; and WHEREAS, at its regular meeting of February 16, 1995, the Commission endorsed and recommended that the City Council of the City of Columbia Heights endorse the "Minnesota Emerging Communications Services Act of 1995" and encourages its adoption by the Minnesota State Legislature. NOW, THEREFORE, at a regular meeting of the City Council of the City of Columbia Heights, the City Council reviewed the proposed Minnesota Emerging Communications Services Act of 1995, and hereby endorses the proposed legislation and encourages its adoption bythe Minnesota State Legislature for the following reasons: 1. Public Property and Public Rights-of-Way are valuable assets and Local Authorities are entitled to ensure that the public is benefited, compensated, protected, and able to access and share in the use of any emerging Communications Service that makes use of those Public Rights-of-Way by a private for-profit provider. 2. There is a wide range of persons seeking to use Public Property and the Public Rights-of-Way to deliver video, voice, and data services and all such persons should be treated similarly by State and Local Authorities. 3. Existing state statutes do not adequately address these Emerging Conunications Services. 4. Local Authorities are well equipped to analyze and implement the needs and interests of the lo¢al citizen/consumer, and protect taxpayers' investment in Public Property and Public Rights-of-Way. CONCLUSIONS REGULAR COUNCIL MEETING FEBRUARY 27, 1995 PAGE 6 The City concludes that Local Authorities must have the authority to require Emerging Communications Services utilizing Public Property and Public Rights-of-Way to: 1. Obtain permits and comply with minimumstate standards and existing local standards for use of PublicProperty and Public Rights-of-Way. 2. Prohibit redlining and uphold discrimination standards. 3. Support community access to Emerging Communications Services. 4. Oversee the design of local communications infrastructure to ensure the meeting of community needs which includes ensuring that a portion of the public capacity is being delivered on a city, county, and school district specific basis as determined by Local Authorities. 5. AllowLocal Authorities to receive compensation for use of Public Property and Public Rights-of-Way. The City further concludes that existing local authority must be implemented with local permitting authority which: 1. Enforces compliance with financial, technical, legal and connectivity standards. 2. Authorizes local collection of fees to compensate Local Authorities for both the use of and decrease in the value of Public Property and Rights-of-Way as a result of the construction of and occupancy by Emerging Communications Services. 3. Assures delivery of Emerging Communications Services to Local Authorities and School Districts. This resolution adopted by the City this 27th day of February, 1995. Offered by: Seconded by: Roll call: Jolly Peterson All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary REGULAR COUNCIL MEETING FEBRUARY 27, 1995 PAGE 7 d. Resolution No. 95-14: Beina a Resolution Reoardina the Memorandum of Understandina BEtween the City of. Coiumbia Heights and the Public Managers' Association Effective January 1. 1995 - December 31. 1996 Motion by Peterson, second by Jolly to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 95-14 BEING A RESOLUTION REGARDING MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF COLUMBIA HEIGHTS AND. PUBLIC MANAGERS' ASSOCIATION BE IT HEREBY RESOLVED by the City Council of the City of' Columbia Heights that: WHEREAS, negotiations have proceeded betweenPublic Managers' Association representing Division Heads of the City, and members of the City negotiating team and said negotiations have resulted in a mutually acceptable Memorandum of Understanding for calendar years 1995 and 1996; WHEREAS, a copy of said Memorandum of Understanding will be made available for inspection at the Office of the City Manager and is made a part hereof by reference. NOW, THEREFORE, BE IT RESOLVED that the Memorandum of Understanding as negotiated, be and is hereby established as the salary and fringebenefit program for calendar years 1995 and 1996 for Public Managers' Association bargaining unit employees of the City. BE IT FURTHER RESOLVED that the Mayor and City Manager are hereby authorized to execute this agreement. Passed this 27th day of February, 1995. Offered by: Seconded by: Roll call: Peterson Jolly All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary REGULAR COUNCIL MEETING FEBRUARY 27, 1995 PAGE 8 e. Resolution No. 95-15: Being a Resolution Regarding SUDDort of the Core Community Values Proaram Motion by Jolly, second by Peterson to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 95-15 WHEREAS, the County of Anoka, Cities of Columbia Heights, Fridley and Hilltop and School Districts 13 and 14 established the Southern Anoka County Community Consortium (SACCC) in 1993; and WHEREAS, SACCC worked in the three communities during 1994 hosting town meetings and circulating surveys for which thousands of citizens participated to identify core community values~ and WHEREAS, this community-wide effort in Columbia Heights, Fridley and Hilltop resulted in the selection by citizens of the values of responsibility, integrity, caring, self-control, respect, nonviolence and citizenship as core community values~ and WHEREAS, the citizens of these three communities wish to have these core community values embraced and reflected in all sectors of community life and have volunteeredtheir time and energy to reach this goal~ and WHEREAS, it is citizens' and SACCC's desire that the City of Columbia Heights adopt these seven core values as part of a Community Values Program~ and WHEREAS, it is citizens' and SACCC's desire that the City of Col~!mbia Heights in conjuction with the other communities, will promote these seven core values in all aspects of city government and by supporting various community sectors establishing programs on these values. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, as follows: That the core values of responsibility, integrity, caring, self-control, respect, nonviolence and citizenship are the core community values of the City of Col-m~ia Heights, and REGULAR COUNCIL MEETING FEBRUARY 2?, 1995 PAGE 9 That the City will work to embrace and reflect these values in all workings and actions taken by the City, and That the City will otherwise support the efforts of various community sectors in the promotion of these seven core values as part of a Community Values Program. Passed and adopted bythe City Council of the City of Columbia Heights this 27th day of February, 1995. Offered by: Seconded by: Roll call: Jolly Peterson All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary f. Tolling Initial Review Period Motion byRuettimann, second byPeterson to waivethe reading of the Order there being ample copies available for the public. Roll call: Ail ayes REGARDING THE TOLLING PERIOD FOR THE REVIEW OF PROPOSED RATE INCREASE SUBMITTED BY MEREDITH CABLE COMPANY TO THE CITY ON FEBRUARY 10, 1995 WHEREAS, the City of Columbia Heights ("City") is certified as a rate regulatory authority pursuant to rules of the Federal Communications Commission (hereinafter "FCC"), WHEREAS, the City has notified Meredith Cable Company (hereinafter "Company") that the Company is subject to the rate regulatory authority of the City, WHEREAS, the City has received from the Company a FCC Form 1210 "Update Form," dated February 10, 1995, WHEREAS, the Form 1210 filing implicates the City's authority to regulate basic service rates in requesting an increase in the Company's maximum permitted basic service rate, on a going forward basis, REGULAR COUNCIL MEETING FEBRUARY 27, 1995 PAGE 10 WHEREAS, the City has determined that it needs additional time to review FCC Form1210 to ensure that the proposed rates are within the FCC standards for updating basic service rates, WHEREAS, said additional time is required to solicit, receive, and analyze additional information related to said review by the City and staff. NOW, THEREFORE, IT IS HEREBY ORDERED by the City of Columbia Heights that the initial thirty (30) day period for the review of the proposed rates and other entries on the amended FCC Form1210 is hereby tolled for an additional ninety (90) days. FURTHER, that this Order shall be. effective immediately, however, the tolling period shall not begin until the expiration of the initial thirty (30) day period. FURTHER, that the Company is permitted to put the basic rate increase into effect April 1, 1995, subject to rollback and refunds. Ordered this 27th day of February, 1995. Offered by: Seconded by: Roll call: Ruettimann Peterson All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary COMMUNICATIONS a. Classification of Certain Tax Forfeited Land Motion byRuettimann, second byPeterson to authorize the City Manager to forward the classification report to Anoka County and forward HRA request to acquire property at 3723 Jackson Street at no cost. Roll call: All ayes OLD BUSINESS a. Re-Authorizing Staff to Seek Bids for Asphaltic Materials REGULAR COUNCIL MEETING FEBRUARY 27, 1995 PAGE 11 Only one bid was received for these materials and it arrived too late to be considered. Councilmember Jolly inquired if the city could purchase these materials off of another City's contract. The Public Works Director responded this is a possibility and he will check with the City Attorney and with other cities. He did feel the late bidder would re-bid. Motion by Jolly, second by Peterson to re-authorize staff to seek bids for asphaltic materials. Roll call: All ayes b. Amendment to Aareement With Soo Line for LandscaDina at ~7~h Avenue and Sti~son Boulevard - Motion by Peterson, second by Sturdevant to authorize the Mayor and City Manager to enter into the amendment to License No. 28621 with the Soo Line Railroad Company to allow additional landscaping to be accomplished by the Lions Clubs at 37th Avenue and Stinson Boulevard. Roll call: All ayes Ce Award of City Hall Entrance Canopies Motion byRuettimann, second byPeterson to award the purchase of three backlit canopies for the main entrance, back entrance, and Police Department entrance of City Hall from Universal Sign, based on low, informal quotations, and authorize the Mayor and City Manager to enter into a contract for the same with funds to come from General Governmental Buildings 411-41940-5120. Roll call: All ayes de Award of Council Chamber Audience Chair Refurbishina Motion by Jolly, second by Ruettimann to award the refurbishing of sixty (60) chairs for the Council Chamber audience to Minncor Industries in the amount of $3,131.10 from General Government Buildings Fund 411-41940-5170 and authorize the Mayor and City Manager to enter into a contract with the same. Roll call: All ayes e. Appointment to Boards and Commissions Motion by Peterson, second by Ruettimann to reappoint Vern Moore to the Police and Fire Civil Service Commission for a term expiring in April, 1998 and to appoint James Johnson to the Human Services Commission to fill the unexpired term of Patrice Seawell thorugh April 1997. Roll call: All ayes REGULAR COUNCIL MEETING FEBRUARY 27, 1995 PAGE 12 NEW BUSINESS a. Award of Road Aggreaate~ A corrected Council Letter was distributed to members of the Council and staff. Motion by Jolly, second byRuettimann to award the bid for and authorize the Mayor and City Manager to enter into an agreement to purchase the 1995 plant mixed bituminous materials based upon low, formal bids received at the unit prices and from the vendors as stated in the Council Letter. Roll call: All ayes The Public Works Director explained the "true and accurate" cost of picking up the materials versus having them delivered.. He also noted that this year's costs are the same as last year's or slightly higher in some instances. b. Award of Plant Mixed Bituminous Materials Motion by Ruettimann, second byPeterson to award the bid and to authorize the Mayor and City Manager to enter into an agreement to purchase the 1995 plant mixed bituminous materials based upon iow, formal bids received at the unit prices and from the vendors as stated in the Council Letter. Roll call: Ail ayes c. Award of Removal Contract for Duplexes at 4501-4503 and 4555-4557 Taylor Street Motion by Ruettimann, second by Jolly to award the sale of City-owned duplex buildings at 4501-4503 Taylor Street and 4555-4557 Taylor Street to BobKro11 Reconditioned Homes/Meger Enterprises for removal for $3,000 each, and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: Ail ayes de Award Contract for Paint StriDer Motion by Peterson, second by Ruettimann to authorize the Mayor and City Manager to enter into an agreement to purchase a Grace line lazer striper Model 3500 with two guns from Sherwin Williams of Columbia Heights for the price of $3,995 plus applicable sales tax, funding to come from Fund 431- 43170. Roll call: All ayes REGULAR COUNCIL MEETING FEBRUARY 2?, 1995 PAGE 13 10. 11. Authorize a Chanae Order to Buildina Entrance at Gauvitte Motion by Jolly, second by Peterson to approve a Change Order to PMI Construction Company of St. Paul, Minnesota for $3,152.97 to reconstruct the building entrance at Gauvitte Park to match the existing construction and authorize the Mayor and City Manager to enter into an agreement for the same. Roll call= Jolly, Ruettimann, Peterson - aye Sturdevant - nay f. Qther New Business Councilmember Ruettimann requested that Ordinance No. 1280, which pertains to amending the City Charter, be included on the March 6th Council work session agenda. Other work sessions are scheduled for March 20th and March 28th. The City Manager advised that the March 6th Traffic Commission Meeting will be held at the Mathaire Park Building. a. Report of the City Manager The City Manager's report was submitted in written form. He reminded members of the Council of the Open House at the First Choice home in Heritage Heights. b. Report of the City Attorney The City Attorney had nothing to report at this time. Payment of Bills Motion by Jolly, second by Peterson to pay the bills as listed out of proper funds. Roll call: All ayes ADJOURNMENT Motion by Ruettimann, second by Peterson to adjourn the meeting at 9:11 p.m. Roll call: All ayes ay°r//~oseph Sturdevant Secretary