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HomeMy WebLinkAboutNovember 25, 1996OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING NOVEMBER 25, 1996 CALL TO ORDER/ROLL CALL Mayor Sturdevant called the meeting to order at 7:00 p.m. Mayor Sturdevant and Councilmembers Jones, Jolly, Ruettimann and Peterson were present. PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO THE MEETING AGENDA The City Manager advised that the representative of the Values First program is not able to attend this Council meeting to make his presentation. He will be attending a future Council meeting. CONSENT AGENDA Motion by Ruettimann, second by Jones to approve the Consent Agenda items as follows: Adopt Council Minutes The Council approved the minutes of the November 12, 1996 Council Meeting. Establish a Public Hearing to Consider Alley Lighting The Council established December 23, 1996 at 7:00 p.m. as a Public Hearing for consideration of alley lighting between Reservoir Boulevard and Tyler Street, 39th Avenue to 40th Avenue. Adopt City's Master Plan for ~Qwplowing. Removal and Ice The Council adopted the Columbia Heights Master Plan for snowplowing, removal and ice control. Adopt the 1997-1998 Teamsters Labor A~reement .- Sergeants - Resolution NQ,. 96-7~ The reading of the resolution was waived. Police RESOLUTION NO. 96-76 REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND TEAMSTERS, LOCAL 230, POLICE SERGEANTS REGULAR COUNCIL MEETING NOVEMBER 25, 1996 PAGE 2 WHEREAS, negotiations have proceeded between the Teamsters, Local 230, representing Police Sergeants of the City and members of the City negotiating team, and said negotiations have resulted in a mutually acceptable contract for calendar years 1997 and 1998; WHEREAS, a copy of said contract is 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 contract agreement as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 1997 and 1998 for Teamsters, Local 320 - Police Sergeants, bargaining unit employees of the City; and, BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this agreement. Passed this 25th day of November, 1996. Offered by: Seconded by: Roll call: Ruettimann Jones All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary Adopt 1997-1998 Teamsters Labor Agreement - Police Officers - Resolution No. 96-77 The reading of the resolution was waived. RESOLUTION NO. 96-77 REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND TEAMSTERS, LOCAL 320, POLICE OFFICERS WHEREAS, negotiations have proceeded between the Teamsters, Local 320, representing Police Officers of the City, and members of the City negotiating team, and said negotiations have resulted in a mutually acceptable contract for calendar years 1997 and 1998; WHEREAS, a copy of said contract is available for inspection at the Office of the City Manager and is made a part hereof by reference; REGULAR COUNCIL MEETING NOVEMBER 25, 1996 PAGE 3 NOW, THEREFORE, BE IT RESOLVED, that the contract agreement as negotiated, be and is hereby established as the salary and fringe benefi% program for calendar years 1997 and 1998 for Teamsters, Local 320 - Police Officers, bargaining unit employees of the City; and BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this agreement. Passed this 25th day of November, 1996. Offered by: Seconded by: Roll call: Ruettimann Jones All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary AdoDt 1997-1998 AFSCME Labor Agreement - Resolution No. 96-78 The reading of the resolution was waived. RESOLUTION NO. 96-78 REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, LOCAL NO. 495 WHEREAS, negotiations have proceeded between the American Federation of State, County, and Municipal Employees (AFSCME) Council No. 14, Local No. 495, representing clerical and technical employees of the City, and members of the City negotiating team, and said negotiations have resulted in a mutually acceptable contract for calendar years 1997 and 1998; WHEREAS, a copy of said contract is 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 contract agreement is negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 1997 and 1998 for AFSCME bargaining unit employees of the City; and, BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this agreement. Passed this 25th day of November, 1996. .REGULAR COUNCIL MEETING NOVEMBER 25, 1996 PAGE 4 Offered by: Seconded by: Roll call: Ruettimann Jones All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary The Council authorized the Mayor and City Manager to execute the necessary documents with Standard Insurance of Portland for long term disability insurance for the full-time Clerical/Technical employees represented by AFSCME. The Council authorized the Mayor and City Manager to execute the necessary documents with Prudential Life Insurance to provide for $10,000 basic life insurance for the full-time clerical/technical employees represented by AFSCME. Approv~ Al~nded SRA Joint Powers Agreement and ByLaws The Council approved the amended Joint Cooperative Powers Agreement and ByLaws of the Suburban Rate Authority as presented and authorized the Mayor and city Manager to enter into the agreement. ~stablish Work Session Date for December The Council established Monday, December 16, 1996 at 7:00 p.m. as a Council work session date for December. Adopt Resolution No. 96-79 Being a Resolution. Appropriatina Fund Balances for Capital Improvements This resolution will reassign expenditures for optical scanning software, computer equipment and cabling tot he Cable Television Fund. The reading of the resolution was waived. RESOLUTION NO. 96-79 RESOLUTION APPROPRIATING FUND BALANCES FOR CAPITAL IMPROVEMENTS WHEREAS, the City Council has reviewed the 1996 budget for Funds 225 (Cable Television), 411 (Capital Improvements- General Government Buildings), and 430 (Infrastructure); and WHEREAS, the expenditure for fiber optics cabling, computer equipment, scanning equipment, and software for optical scan system is an appropriate use of Cable Television funds; and REGULAR COUNCIL MEETING NOVEMBER 25, 1996 PAGE 5 WHEREAS, there is a need for additional funding in the Infrastructure Fund; THEREFORE, BE IT RESOLVED that $70,000 is appropriated in the Cable Television Fund 225 for optical scan equipment, cabling, and software; and expenditures previously authorized for the optical scan equipment from the Capital Improvements-General Building Fund 411 be transferred to the Cable Television Fund 225; and BE IT FURTHER RESOLVED that the $70,000 budgeted in the Capital Improvements-General Government Buildings Fund 411 be appropriated as an operating transfer to the Infrastructure Fund 430. Passed this 25th day of November, 1996. Offered by: Seconded by: Roll call: Ruettimann Jones Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary Approve Amendment to GIS Range Rider Program Contract Between the Cities of Columbia Heights/Fridley/Andover The Council authorized a change of fiscal agent to the inter- local agreement for GIS services approved on October 28, 1996 with the cities of Andover and Fridley. Accept Donation from VFW Post #230 The Council accepted a donation of $75.00 from the local VFW Post #230 to be used toward the purchase of paint brushes, drop cloths, paint, and other items required in the graffiti clean up program. Authorize Staff to Seek Bids for Recycling C~Bter The Council authorized staff to seek bids for the installation of concrete flooring in the new cold storage building. Approv~ Pa_%rment of Bills The Council approved payment of the bills as listed out of proper funds. REGULAR COUNCIL MEETING NOVEMBER 25, 1996 PAGE 6 Approve LiceDs~ ~pplications The Council approved payment of the bills as listed upon payment of proper fees. Roll call on Consent Agenda: All ayes RECOGNITION, PROCLAMATIONS. PRESENTATIONS. GUESTS A. Recognition of Retiring Charter Commission Members Personalized clocks were presented to retiring Charter Commission members, Ken Kronstedt and Steve Mihalchick. PUBLIC HEARINGS A. First Reading of Ordinance No. 1338. Being an Ordinance Pertaining to General Provisions of the Personnel Policy The primary change being made to the Code by this ordinance is the addition of language which addresses criminal history checks. To allow the City to conduct criminal history background checks utilizing the National Crime Information Center, there must be an ordinance in place authorizing such an investigation. It was also noted that additional changes are being proposed to this section to update and reflect current protections under the law and current practices. The Assistant to the City Manager advised that these checks are done when a conditional offer for employment is made for a permanent or permanent part-time position. She stated this would not include members of boards or commissions as the policy is based on duties performed. Councilmember Ruettimann mentioned checks of those people who deal on a volunteer basis with minors, seniors, money, etc. He felt the ordinance in its current form was really broad. The City Attorney stated that the language in the proposed ordinance was sufficient to cover these situations. An option would be to list all of the positions where this check would not be required. This could be a cumbersome task. The City Manager stated that the ordinance could bere-looked at and brought back for Council consideration. The Public Works Director suggested that the reading of the ordinance be approved and that a written policy could be drafted to address the stated concerns. He noted thatpolicies could be changed and would allow staff some flexibility. REGULAR COUNCIL MEETING NOVEMBER 25, 1996 PAGE 7 Councilmember Ruettimann requested staff be directed to draft a policy and return it for Council consideration at the next City Council meeting. 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. 1338 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AND PERTAINING TO GENERAL PROVISIONS OF THE PERSONNEL POLICY The City of Columbia Heights does ordain: Section 1: Section 3.401 (2), of Ordinance 853, City Code of 1977, which currently reads as follows, to wit: Employment in the City government shall be based on merit and fitness, free of personal considerations. No person shall be discriminated for or against in such matters as recruitment, examination, appointment, tenure, compensation, classification, or promotion or in such matters as conditions, facilities, or privileges of employment because of his or her race, color, creed, religion, national origin, physical disability (where such disability does not interfere with the completion of assigned duties) or sex. The Manager shall designate an Affirmative Action Officer from the administrative service to formulate and recommend to the City Council a program of positive action by the City to insure that the aforementioned principles are followed. The Affirmative Action Officer shall advise the Council and the Manager on implementation methods for said program. is hereby amended to read: Employment in the City government shall be based on merit and fitness, free of personal considerations. No person shall be discriminated for or against in such matters as recruitment, examination, appointment, tenure, compensation, classification, or promotion or in such matters as conditions, facilities, or privileges of employment because of his or her race, color, creed, religion, national origin, eemD}e~em-e~i~3~%~l~i~p~ sex. marital status, status with re~ard to public assistance, membership or activity in a ~9~1 commission, disability, sexual orientation, or age'. REGULAR COUNCIL MEETING NO'~BER 25, 1996 PAGE 8 The Manager shall designate an Affirmative Action Officer from the administrative service to.formulate and recommend to the City Council a program of positive action by the City to *~nsure that the aforementioned principles are followed. The Affirmative Action Officer shall advise the Council and the Manager on implementation methods for said program. Section 2: Section 3.401(3), of Ordinance 853, City Code of 1977, which currently reads as follows, to wit: The personnel policy contained in this Code is not intended to be an exclusive statement of all rights and duties of the employees of the City. The City Manager is authorized herewith to prepare a detailed personnel policy manual for submission to the Council and approval thereof by resolution of the Council; provided, however, that such manual shall not be in conflict with this Code or with the powers reserved to the Council to enact by ordinance pursuant to Section 54 of the City Charter. The policies and procedures as hereinafter provided by this Article shall apply to all personnel except: (a) elected officials and members of boards and commissions, (b) volunteer personnel and personnel appointed to serve without pay, (c) consultants rendering temporary professional services, (d) positions involving seasonal or temporary employment, (e) employees classified under' the Joint Police and Fire civil Service Commission, (f) the City Manager. is hereby amended to read: The personnel policy contained in this Code is not intended to be an exclusive statement of all rights and duties of the employees of the City. The City Manager is authorized herewith to prepare a detailed personnel policy manual for submission to the Council and approval thereof by resolution of the Council; provided, however, that such manual shall not be in conflict with this Code or with the powers reserved to the Council to enact by ordinance pursuant to Section 54 of the City Charter. REGULAR COUNCIL MEETING NOVEMBER 25, 1996 PAGE 9 AF~le~e-sha~-app~y-~e-a~-peFsenne~-eHeep~. w~heu~-pey? ~e~--eenou~eamee-FendeF~e~-eeml~oFaFy-pFefess~eee~-seFv~ees7 ~d~--pee~e~ee$-~nve~v&~-seasena*-er-eemperary-emp~eymeme7 e&v&~-Se~ee-eemm~ss~en? Section 3. Section 3.401 (4), of ordinance 853, City Code of 1977, which currently reads as follows, to wit: Just and equitable incentives and conditions of employment shall be established and maintained to promote efficiency and economy in the operation of the City government. Appointments, promotions, and other actions requiring the application of the merit principle shall be based on systematic tests and evaluations. (b) Tenure of employees covered by this section shall be subject to good behavior, the satisfactory performance of work, availability of work and the availability of funds. is hereby amended to read: Just and equitable incentives and conditions of employment shall be established and maintained to promote efficiency and economy in the operation of the City government. (a) Appointments, promotions, and other actions requiring the application of the merit principle shall be based on systematic tests and evaluations. (b) At the direction of the City Manager,. or. his/h~r designee~ the police deDartment is authorized to conduct criminal history background investigations on applicants for positions with the.~ity, as provided by this se~tio~ This section applies only to applicants who are finalists for paid or volunteer positions with the city. where the REGULAR COUNCIL MEETING NOVEMBER 25, 1996 PAGE 10 city ~anager. or his/her designee~ has determined that conviction of a crime may relate directly to theposition sought, The police department may not perform a background investigation unless the applicant consents in writing %Q the investigation and to the release of the investigation information to the city manager and other city staff as may be apDropriate. An applicant's failure to provide consent, may disqualify the applicant.for the position sought. If the applicant's application is rejected due solely or in part to the applicant's prior conviction of a crime, subject to the exception set forth in Minnesota Statutes. section 364.09. the city manager. Qr hi~/her designee, must notify the applicant in writing of the followina: the grounds and reasons for the rejection; bi the applicable complaint and grievance procedure set forth in Minnesota Statutes. section 364.06; the 9~rliest date the applicant may~reapply for emDloyment; and ~at a~ ~ompeteDt evidence of rehabilitation will be considered upon reapplication. (b~) Tenure of employees covered by this section shall be subject to good behavior, the satisfactory performance of work, availability of work and the availability of funds. Section 4. This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. Motion by Peterson, second by Ruettimann to schedule the second reading of Ordinance No. 1338 for December 2, 1996 at approximately 7:00 p.m. Roll call: All ayes Second Reading of Ordinance No. 1334 Being an Ordinance Pertaining to Garbaae. Rubbish and Recyclable Materials Motion by Ruettimann, second by Jones to waive the reading of the ordinance there being ample copies available for the public, Roll call: All ayes ORDINANCE NO. 1334 BEING AN ORDINANCE AMENDING NO. 853, CITY CODE OF 1977 AND PERTAINING TO GARBAGE, RUBBISH AND RECYCLABLE MATERIAL REGULAR COUNCIL MEETING NOVEMBER 25, 1996 PAGE 11 The City of Columbia Heights does ordain: Section 1: Section 8.301 (1) d of Ordinance 853, City Code of 1977, which currently reads as follows, to wit: 8.301(1)(d) "Yard Waste" shall mean grass, clippings, leaves, weeds, garden waste, and soft bodied green herbaceous material under one inch (1") in diameter. is hereby amended to read as follows: 8.301(1)(d) "Yard Waste" shall mean grass, clippings, leaves, weeds, garden waste,-a~-~-~l~ ~ee~-he~baeee~s-ma~e~ia~-a~e~-ene-~eh-~"~ ~-~ame~e~=, twios and branches less than 4" in diameter. Section 2: Section 8.301 (4) of Ordinance 853, City Code of 1977, which currently reads as follows, to wit: 8.301(4) Ail accumulations of garbage, rubbish and yard waste must be deposited and contained within the containers as provided in this section, except that: (a) tree limbs with diameters of less than four inches (4") and lengths of less than four feet (4') tied into bundles, said bundles not exceeding eighteen inches (18") in diameter; (b) leaves, grass or rubbish in waterproof containers (no larger than permitted 30 gallon garbage can liner size), not exceeding thirty- five pounds (35 lbs.) in weight; (c) Bundles of newspapers and magazines tied securely and weighing less than thirty-five pounds (35 lbs.); (d) Christmas trees up to six feet (6') in length (during January); (e) small household items including small appliances, tools and articles of furniture weighing less than thirty-five pounds (35 lbs.); REGULAR COUNCIL MEETING NOVEMBER 25, 1996 PAGE 12 (f) yard waste in plastic and paper biodegradable bags ( no larger than permitted 30 gallon garbage can liner size), not exceeding thirty- five pounds (35 lbs.), or a permanent ventilated thirty-two (32) gallon fly tight metal or thermoplastic container weighing no more than seventy-five pounds (75 lbs) with handles; and (g) stone, sod, earth, concrete, and building materials resulting from repairs and minor remodeling of the residence on the property at which these materials have been placed along with carpeting, carpet padding, mattresses, chairs, couches, tables and other such items of furniture; is hereby amended to read as follows: 8.301(4) Ail accumulations of garbage, rubbish and yard waste must be deposited and contained within the containers as provided in this section, except that: (a) tree limbs with diameters of less than four inches (4") and lengths of less than four feet (4') tied into bundles, said bundles not exceeding eighteen inches (18") in diameter; (b) leaves, grass or rubbish in waterproof containers (no larger than permitted 30 gallon garbage can liner size), not exceeding thirty-five pounds (35 lbs.) in weight; Bundles of newspapers and magazines tied securely and weighing less than thirty-five pounds (35 lbs.); (d) Christmas trees up to six feet (6') in length (during January); yard waste in plastic and paper biodegradable bags ( no larger than permitted 30 gallon garbage can liner size), not exceeding thirty- five pounds (35 lbs.), or a permanent ventilated thirty-two (32) gallon fly tight metal or thermoplastic container weighing no more than seventy-five pounds (75 lbs) with handles; REGULAR COUNCIL MEETING NOVEMBER 25, 1996 PAGE 13 shall be placed on pick up day at the curb line; and stone, sod, earth, concrete, and building materials resulting from repairs and minor remodeling of the residence on the property at which these materials have been placed along- with carpeting, carpet padding, mattresses, chairs, couches, tables and other such items of furniture; small household items including small appliances, tools and articles of furniture weighing less than thirty-five pounds (35 lbs.); shall be placed on pick up day next to the garbage cans where alley pick up is available or at the curb line in areas where no alleys exist. Section 3: Section 8.301 (5) of Ordinance 853, City Code of 1977, which currently reads as follows, to wit: 8.301(5) Where alleys are platted and open to traffic, garbage cans shall be placed at the rear of said property adjoining the alley. Where no alley exists, garbage cans will be kept at or near the back door; provided however, that where the back door is not reasonably accessible from the front yard, the container shall be placed at a point adjacent to the house which is reasonably accessible from the front yard. Garbage cans must be removed from your curb line within twenty-four hours (24) after scheduled collection, and cannot be placed on the curb line more than twenty-four (24) hours before scheduled collection. Ail authorized yard waste containers shall be placed on the alley line, where alleys are platted and open, separated from garbage and refuse, or at the curb line in areas where no alleys exist. All authorized City recycling containers shall be placed at the curb line on pick up day regardless of existing alleys. is hereby amended to read as follows: 8.301(5) ia% Where alleys are platted and open to traffic, garbage cans shall be placed at the rear of said property adjoining the alley. Where no alley exists, garbage cans will be kept at or near the back door; provided however, that where the back door is not reasonably accessible from the front yard, the container shall be placed at a point adjacent to the house which is reasonably accessible from the front yard. REGULAR COUNCIL MEETING NOVEMBER 2, 1996 PAGE 14 Garbage cans must be removed from ye~= the curb line within twenty-four hours (24) after scheduled collection, and cannot be placed on the curb line more than twenty-four (24) hours before scheduled collection. (b) Ail eu~he~&eed yard waste ~he-a~e¥-~&~e?-w~e~e-a~eys-a~e-p~a~ed-a~d-el~e~7-sepa~a~ed ~em-~e~ba~e-e~d-~e~-~r-~t~h~~-~~n plastic and paper baos ~no larger than the~rmitted 30 ~allon garbage can liner size) n~ ex,eeding thirty-five ~unds (35 lbs.), or a ~anent. ventilated ~hirty-two (32% gallon fly tight,tel or the~oplastic container weiohing no more ~han seventy-five ~unds (75 lbs.) with handles; shall ~ placed on the ~urb ~in9 on ~ollection day. c) Ail authorized city recycling containers shall be placed at the curb line on pick up day regardless of existing alleys. Section 4: This Oz~inance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: November 12, 1996 November 25, 1996 November 25, 1996 Offered by: Seconded by: Roll call: Ruettimann Jones Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary C. Second Reading of Ordinance No. 1328 Being an Ordinance Pertaining to Abandonment of the city charter The City Manager explained why the former action taken by the Council was not viewed as having put this issue to rest. Previously, the Council has reconsidered the ordinance to abandon the charter. The action taken to reconsider essentially tabled the issue indefinitely. This was done on June 10, 1996. Members of the Charter Commission have suggested this ordinance should be voted down on its second reading. Members of the City Council felt it had been handled at the June 10, 1996 reading and required no further consideration. REGULAR COUNCIL MEETING NOVEMBER 25, 1996 PAGE 15 Councilmember Ruettimann inquired if the Council wanted to reconsider this ordinance it could be brought back. The City Attorney responded this is accurate. Motion by Sturdevant, second by Ruettimann to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes Motion by Sturdevant to adopt Ordinance No. 1328 being a ordinance calling for the abandonment of the City Charter. Motion fails for lack of a second. 7. ITEMS FOR CONSIDERATION A. Other Resolutions/Ordinance~ There were no other ordinances or resolutions. B. Bid Considerations There were no bid considerations. C. Other Busing~ The City Manager advised there would be an Executive Session following adjournment of the Regular Council Meeting. 8. ADMINISTRATIVE REPORTS A. Report of the City Manager The City Manager had nothing to report at this time. B. Re_Port of the City AttorB~y The city Attorney had nothing to report at this time. 9. GENERAL COUNCIL COMMUNICATIONS REGULAR COUNCIL MEETING NOVEMBER 25, 1996 PAGE 16 ae Minutes of the October 17, 1996 Charter Commission Meeting were included in the agenda packet. 10. CITIZEN FORUM No one was present for the Citizen Forum portion of the Council Meeting. 11. ADJOURNMENT Motion by Ruettimann, second by Peterson to adjourn the Council Meeting at 7:25 p.m. Roll call: All ayes o-Anne s~uden~'~ Council ayor' Joseph Sturdevant Secretary