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.
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COLUMBIA HEIGHTS CITY COUNCIL MEETING OF
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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.
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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
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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.
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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
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¢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.
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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;
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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