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HomeMy WebLinkAboutSeptember 23, 1996OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGUL~ COUNCIL MEETING SEPTEMBER 23, 1996 1. CALL TO ORDERYAPPOINTMENT OF SECRETARY PRO TEM/ROLL CALL Mayor Sturdevant called the Council Meeting to order at 7:02 p.m. Carole Blowers was appointed as Secretary Pm Tem. Mayor Sturdevant and Councilmembers Jones, Jolly, Peterson, and Rueuimarm were present. 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA None. CONSENT AGENDA A. Motion by Councilmember Ruettimann, seconded by Councilmember Peterson, to approve the following items on the Consent Agenda: Approve of Council Meeting Minutes The Council approved the minutes of September 9, 1996, Council Meeting as presented. Approve Request for Block Party from Susan Klesch, 181 41st Avenue N.E. The Council approved the request of Susan A. Klesch for an Annual Block Party From 4 PM to 11 PM on October 5, 1996, with Permission to Block off41st Avenue N.E. from the East Side of the Alley on 41st to the 2nd Street Intersection. Rain date to be October 12, 1996. Approve Final Payment for LaBelle Pond Dredging - Municipal pwiect ~9312 The Council accepted the Work for LaBelle Pond Dredging, Municipal Project No. 9312, and authorized payment of $2,500.00 to Park Construction Company of Minneapolis, Minnesota. Accept Donations of $3,536.00 to the Library The Council accepted donations as listed in the Council Letter in the amount of $3,536.00, to be used for materials and programs at the Columbia Heights Public Library. (Ed Carlson asked who made the donations to the Library.) Establish Budget Work Session on September 30 The Council established September 30, 1996, at 7 P.M. as a Budget Work Session. Establish Hearing Date for License Revocation/Suspension of Rental License at 3849 Jackson (Nancy Shaleen) and 4222 Monroe Street N.E. (Robert Witt) The Council established a Hearing Date of October 14, 1996, for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against Nancy Shaleen regarding rental property at 3849 Jackson Street NE and against Robert Witt regarding rental property at 4222 Monroe Street NE. OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL MEETING OF SEPTEMBER 23, 1996 PAGE 2 Establish Hearing Date for License Revocation/Suspension of Rental License at 1439 N.E. 42nd Avenue (Catherine Stephenson) The Council established a Heating Date of November 12, 1996, for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against Catherine Stephenson regarding rental property at 1439 N.E. 42nd Avenue. Restrict Parking on the North Side of 47th Avenue from 4th Street to 7th Sweet The Council restricted parking on the north side of 47th Avenue from 4th Street to 7th Street, based upon the recommendation of the Traffic Commission. Install Yield Signs on Quincy Street at 43rd Avenue The Council authorized staff to install yield signs on Quincy St. at 43rd Ave with temporary flags and permanent warning signs south of 43rd (Near 42nd Ave.) installed, based upon a recommendation of the Traffic Commission. Designate City's Voting and Alternate Delegate to the Annual Congress of Cities (Dec 7-10, 1996) The Council appointed Mayor Joseph Sturdevant as the Delegate and Councilmember Don Jolly as the Alternate to the National League of Cities 1996 Congress of Cities in San Antonio, Texas, December 7-10, 1996. Authorize Staff to Seek Bids for Sewer Repairs The Council authorized staff to seek repairs for sanitary and storm sewer systems. Authorize the Sale, Salvage, or Disposal of Surplus City. Property The Council authorized the sale, salvage, or disposal of surplus city property as indicated on the listing of surplus property. Report on Adopt-A-Park Program The Council recognized and thanked the organizations participating in the City of Columbia Heights' Adopt-A-Park Program, as listed in the Recreation Director's September 18, 1996, memo. Approve License Applications The Council approved the 1996 license applications as listed upon payment of proper fees. Payment of Bills The Council authorized paying the bills as listed out of proper funds. Roll Call: All ayes. 5. RECOGNITION, PROCLAMATIONS, PRESENTATIONS, GUESTS The Mayor read the Proclamation for October is Polish American Heritage Month. Delores Strand and Tony Maciaszek accepted the proclamation from the Mayor. Delores gave a brief update on activities of the committee. OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL MEETING OF SEPTEMBER 23, 1996 PAGE 3 B. The Mayor read the Proclamation for Women of Today Week. Connie Nickolas of the Columbia Heights Women of Today accepted the proclamation from the Mayor. PUBLIC HEARINGS A. Second Reading of Ordinance No. 1331, Amending Chapter 2, Section 9, of the City Charter Pertaining to Vacancies in the Council Motion by Councilmember Ruettimann, seconded by Councilmember Peterson to waive the reading of the ordinance, there being ample copies available to the public. All Ayes. ORDINANCE NO. 1331 BEING AN ORDINANCE AMENDING CHAPTER 2, SECTION 9, OF THE CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO THE VACANCIES IN THE COUNCIL The City of Columbia Heights does ordain: Section 1: Chapter 2, Section 9, of the Charter of the City of Columbia Heights which currently reads as follows, to wit: CHAPTER 2 FORM OF GOVERNMENT Section 9. VACANCIES IN THE COUNCIL. A vacancy in the council shall be deemed to exist in case of the failure of any person elected thereto to qualify on or before the date of the second regular meeting of the new council, or by reason of the death, resignation, removal from office, removal from the city, continuous absence from the city for more than three months, or conviction of a felony of any such person whether before or after without good cause to perform any of the duties of membership in the council for a period of three months. In each such case, the council shall by resolution declare such vacancy to exist and shall forthwith appoint an eligible person to fill the same until the next regular municipal election, when the office shall be filled for the unexpired term; provided that any vacancy resulting from a recall election or from a resignation following the filing of a recall petition shall be filled in the manner provided in such case. IS HEREBY AMENDED TO READ AS FOLLOWS: CHAPTER 2 FORM OF GOVERNMENT; Section 9. VACANCIES IN THE COUNCIL. A vacancy in the council shall be deemed to exist in case of the failure of any person elected thereto qualify on or before the date of the second regular meeting of the new council, or by reason of the death, resignation, removal from office, cessation as a resident of the city, continuous absence from the city for more than three months, conviction of a felony of any such person whether before or after qualification, the failure of any councilmember without good cause to perform any OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL MEETING OF SEPTEMBER 23, 1996 PAGE 4 of the duties of membership in the council for a period of three months. 0.r any other cause as may be provided for in Minnesota Statutes, as amended. In each such case, at the next regular meeting following receipt of notice by the council of one or more of the foregoing conditions, the council shall by resolution declare such vacancy to exist unless further investigation is required. Notice of said vacancy shall be posted at city hall for a period of two (2) weeks from the date of the adoption of the resolution declaring said vacancy. Notice shall also be published in a designated city newspaper for a period of two (2) weeks as soon as possible after the date of the adoption of said resolution, with the publication being completed no later than thirty. (30) days from said date. Applications shall be sought and accepted from individuals interested in filling the vacancy, which applications shall be submitted to city hall, to the attention of the City Clerk, within 45 days from the date of said resolution. The Council shall interview each of the applicants within (thirty) 30 days from said date. Applications shall be sought and accepted from individuals interested in ~ling the vacancy, which applications shall be submiued to city hall, to the attention of the City Clerk, within 45 days from the date of said resolution. The council shall interview each of the applicants within 30 days from the close of the application period, and shall conduct said interviews in an agreed upon uniform manner as a council. After said 30 da? period, the council shall make its appointment from the pool of applicants within 15 days, whether done so at a regular council meeting or a .,special meeting. The individuals so appointed shall fill said vacancy until the next regular municipal election, when the office shall be filled for the unexpired term by an eligible person elected at large in the manner hereinafter set forth; provided, however, that if a vacancy is declared by resolution after March 31st in the year of a regular municipal election, then the appointment process as set forth herein shall not take effect and any such vacancy shall continue to exist until said election, at which time the vacancy shall be ~led for the unexpired term by an eligible person elected at large in the manner hereinafter provided. Notwithstanding anything to the contrary herein, any vacancy resulting from a recall election or from a resignation following the filing of a recall petition shall be ~led in the manner provided in such case. This ordinance shall be in full force and effect from and after ninety (90) days after its passage. First Reading: Second Reading: Date of passage: September 9, 1996 September 23, 1996 September 23, 1996 Offered by: Seconded by: Roll call: Ayes: Nayes: Councilmember Ruettimann Councilmember Peterson Jones, Jolly, Mayor Sturdevant, Ruettimann, Peterson None Mayor Joseph Sturdevant Carole Blowers, Secretary Pro Tern OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL MEETING OF SEPTEMBER 23, 1996 PAGE 5 B. First Reading of Ordinance No. 1332, Amending Section 7.205(13), Ordinance No. 853, City Code of 1977, Pertaining to Parking City Manager, Walt Fehst, asked that this ordinance be removed from the agenda as the Police Department can enforce this item and also issue permits. Motion by Councilmember Ruettimann, seconded by Councilmember Jolly, to remove Item 6B, first reading of Ordinance No. 1332, pertaining to parking, and refer the item back to the Police Department. All Ayes. At this time, Ms. D. Mulvihille from Fridley approached the Council regarding the issue of no parking from 2 a.m. to 6 a.m. on posted streets from November 1 to March 31st. Ms. Mulvihille stated that the signs should be bigger or more prominently placed so that people will notice them. She felt that not all people are aware of this regulation. It was explained that we announce this item in many various places, such as our city newsletter, the local paper, school announcements, etc. ITEMS FOR CONSIDERATION A. Other Resolutions/Ordinances 1) Resolution 96-58, Resolution Approving the Use of New Retirement Factors by PERA for Consolidated Members Motion by Mayor Sturdevant, seconded by Councilmember Jones, to waive the reading of the resolution, there being ample copies available for the public. All ayes. RESOLUTION NO. 96-58 APPROVING THE USE OF NEW RETIREMENT FACTORS BY PERA FOR NEW RETIREMENT FACTORS FOR CONSOLIDATED MEMBERS WHEREAS, on March 14, 1994, the City Council approved the consolidation of the Columbia Heights Police Relief Association with the Public Employees Retirement Association, and, WHEREAS, legislation has changed, reducing the penalty for early retirement for PERA police and fire relief members, and, WHEREAS, the legislation requires the City Council to adopt a resolution approving the new retirement factors for consolidated PERA members. NOW, THEREFORE, BE 1T RESOLVED, That the City of Columbia Heights approves the new PERA police and fire retirement factors for all consolidated PERA members. Passed this 23rd day of September, 1996. OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL MEETING OF SEPTEMBER 23, 1996 PAGE 6 Offered by: Mayor Sturdevant Seconded by: Councilmember Jones Roll Call: Jones, Jolly, Mayor Sturdevant, Ruettimann, Peterson Joseph Smrdevant, Mayor Carole Blowers, Secretary Pro Tern Finance Director Bill Elrite explained to the Council that their approv~ including consolidated members (who were under the Paid Police Relief A police and fire retirees to allow for earlier retirement at less of a reductiol pension. The cost to the City for the consolidated PERA members woul year. However, the City will receive $3,436 a year for passing this reso in a net cost to the City of $222 a year. The cost would remain in plac~ remaining consolidated PERA members retire, or the year 2010, whiche 2) Resolution 96-59, Resolution Approving the 1996 Planning and Zon Schedule Motion by Councilmember Jolly, seconded by Councilmember Peterso reading of the resolution, there being ample copies available for the pul: RESOLUTION 96-59 RESOLUTION ESTABLISHING PLANNING AND ZONING FEE SC} WHEREAS, the fees for Planning and Zoning applications have not the past fifteen years during which time the costs for processing such increased, and WHEREAS, City Ordinance No. 853, City Code of 1977 (as amend the City Council to adjust the Planning and Zoning application fees per NOW, THEREFORE, BE IT RESOLVED, that the City Council Columbia Heights hereby adopt the following Planning and Zoning fee effective October 1, 1996. Type of Application Fee Lotsplit Re-Zoning $150 - Resi $250 - Cor~ $500 Conditional Use Permit $100 $ 20 - Filin is needed for ssociation) with in their PERA be $3,658 per [ution, resulting until the three ver comes first. ing Fee n, to waive the lic. All ayes. [EDULE. een adjusted for tpplications has ~d) provides for odically, of the City of schedule to be lential mercial OFFICIAL PROCEEDINGS ¢OLUMBL~ HEIGHTS ¢1'1~ COUNCI~ M~NG OF S~B~ 23, 1~6 PAGE 7 **corrected page NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Columbia Heights hereby adopt the following Planning and Zoning fee schedule to be effective October ], 1996. Type of Application Lotsplit Re-Zoning Conditional Use Permit Variance Appea 1 Site Plan Review P.U.D. Plat $150 $25o $5oo $100 $ 20 $ 75 $100 $100 $150 $250 $250 Fee R.L.S. $100 Residential Commercial Filing Residential Commercial Passed this 23rd day of September, lgg6. OFFERED BY: Councilmember Jolly SECONDED BY: Councilmember Peterson ROLL CALL: AYES: Jones, Jolly, Mayor Sturdevant, Ruettimann, Peterson NAYS: None Mayor Joseph Sturdevant Carole Blowers, Secretary Pro Tem City Manager, Walt Fehst, reiterated that a survey had been done of thirteen cities regarding their planning and zoning fees. From that survey, we learned that our rates are in the low to mid-range. Councilmember Ruettimann asked for clarification for the residents what PUD (Planned Unit Development) and RLS {Registered Land Survey) meant. It was verified that the City is not currently charging for appeals, site plans, PUDs, plats, and RLS's. OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL MEETING OF SEPTEMBER 23, 1996 PAGE 7 Variance $ 75 $100 - Appeal $100 Site Plan Review $150 P.U.D. $250 Plat $250 R.L.S. $100 - Residential Commercial Passed this 23rd day of September, 1996. OFFERED BY: Councilmember Jolly SECONDED BY: Councilmember Peterson ROLL CALL: AYES: Jones, Jolly, Mayor Sturdevant, Ruettimann, Peterson NAYS: None Bo Mayor Joseph Sturdevant Carole Blowers, Secretary Pro Tern City Manager, Walt Fehst, reiterated that a survey had been done of thirteen cities regarding their planning and zoning fees. From that survey, we learned that our rates are in the low to mid-range. Councilmember Ruetfimann asked for clarification for the residents what PUD (Planned Unit Development) and RLS (Residential Lot Split) meant. It was verified that the City is not currently charging for appeals, site plans, PUDs, plats, and RLS's. Bid Considerations 1) Authorize Purchase of Used Oil Distributor Public Works Director Mark Winson explained that last fall there was an incident which involved minor injury to an employee while using the current oil distributor. Councilmember Jones questioned ff authorization was given to purchase another used distributor, could the current one be put in the auction this Saturday. Mr. Winson explained that we may get offers for this current piece of equipment, or if not, it would be best to place it in the Hennepin County auction in the spring. Motion by Councilmember Jones, seconded by Councilmember Jolly, to authorize the purchase of a 1974 Roscoe distributor with Ford tandem chassis from Ruffridge-Johnson Equipment Company of Minneapolis for $24,900, and installation of an electric heat system and related safety lid for $8,275 for a total of $33,175.00 plus applicable taxes; OFF/C/AL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL MEETING OF SEPTEMBER 23, 1996 PAGE 8 the purchase to be made from the Capital Equipment Replacement Fund; and .furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. All ayes. 2) Award Bid for Storm Sewer Replacement, Municipal Proiect 99611 Motion by Councilmember Peterson, seconded by Councilmember Jones, to award the Storm Sewer Replacement at LaBelle Park, 40th Avenue to LaBelle Pond, Municipal Project//9611, to F.F. Jedlicki, Inc. of Eden Prairie, Minnesota, based upon their low, qualified, responsible bid in the amount of $25,235.00, with funds to be appropriated from Fund 652-49499-5130; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. All ayes. C. Other Business 1) Discussion of Election to Eliminate the Civil Service Commission City Attorney, Jim Hoeft, stated that the options open to the Council to disband this commission are as follows: - The City Council cannot vote to put this item on the ballot. - An amendment made by the Charter Commission cannot override state statutes on this issue. - 25% of the total legal number of voters that voted at the last general election must sign a petition. - At the election, 2/3 of the voters must vote to abolish the commission. Vern Moore, Civil Service Commission member for fourteen years, addressed the Council. He stated that not only does this commission address grievances and disciplinary actions, they also handle final selections for new police officer positions as well as for the Fire Chief and other high ranking officers in the Fire Department. He stated that the commission is one member short. Mr. Moore stated that whether the commission is disbanded or not, the reporting structure in the city needs to be addressed. The City Manager reported that the City of So. St. Paul recently abolished their Police/Fire Civil Service Commission. He also stated that special legislation is a possibility to handle this issue. Many councilmembers felt that any commission vacancies should be filled, and with some possibly being redefined. Motion by Councilmember Jolly to hold a public hearing on the future of the Civil Service Commission. Motion failed, due to lack of a second. Again, councilmembers felt that a list should be compiled and reviewed to f'md out what citizens are still available to serve, and appointments should be made to fill vacancies on this commission and any others with vacancies. OIVFICL~ PROCEEDINCg COLUMBIA HEIGHTS CITY COUNCIL MEETING OF SEPTEMBER 23, 1996 PAGE 9 8. ADMINISTRATIVE REPORTS A. Report of the City Manager Thc City Manager passed out a report with recommendations from thc staff Licensing Committee, which has been meeting weekly or bi-weekly for several months. The committee recommends elimination of several sections of the ordinance. The report/recommendations will be discussed at the next work session. The City Manager stated that the Values First Committee would like to aRend the October 14th Council meeting to report on their work to date. The City Manager had a sample of a banner which the Values First Committee 'would like to have hung throughout the city. Suggestions given were along 40th and Central, City Hall, the malls, banks, and the library. Since we are so close to the holidays, another suggestion was to alternate a Values First banner, then a holiday banner, etc. Another suggestion was that perhaps the meetings of this committee should be at night to include more working people who cannot attend meetings during the day. B. Report of the City Attorney The City Attorney had nothing to report at this time. Co HERC Water Pipe Cleaning in Innsbruck There was a news item aired on Channel 5 reCently regarding the water pipe cleaning in Innsbruck. This article was taped and shown at the council meeting tonight at this time. Concern over Local News Format Councilmember Jolly indicated his concem over the lack of local news coverage in our official newspaper. 9. GENERAL COUNCIL COMMUNICATIONS The minutes of the September 16, 1996. Traffic Commission Meeting and the September 3, 1996, Columbia Heights Library Board of Trustees Meeting were included in the agenda packet. 10. CITIZEN FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA (At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. The citizen is requested to limit their comments to five minutes. Please note, the public may address the Council regarding specific agenda items at the time the item is being discussed.) Dorothy Logan addressed the Council regarding candidate lawn signs and asked for clarification of timing regarding putting up and taking down political signs. The Mayor explained that by city ordinance, local campaign signs are to be removed 7 days after an election and can be put up again 30 days before the election. Ms. Logan wanted to know who enforces this law (our Police Department). OffICIAL PROCEED1NGF COLUMBIA HEIGHTS CITY COUNCIL IffEET~C 0£ 5Z2~F_R 23, 1996 PAGE lO It was also stated to Ms. Logan that candidates running for state-wide or federal offices do not have to take down their signs according to our local ordinance. This can be verified by calling the state Ethics Board. 11. ADJOURNMENT Motion by Councilmember Peterson, seconded by Councilmember Ruettimann, to adjourn the meeting at 8:53 P.M. Roll call: All ayes. Carole Blowers, Secretary Pro Tern ~i~yor J~seph Sturdevant