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HomeMy WebLinkAboutMay 28, 1996OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING MAY 28, 1996 e CA~L TO ORDER~ROLL CALL Mayor Sturdevant called the Council Meeting to order at 7:05 p.m. Mayor Sturdevant and Councilmembers Jones, Jolly, Ruettimann and Peterson were present. pLEDGE OF ALLEGIANCE e ~DDITIONS~DELETIONS TO MEETING AGENDA The City Manager added the schedule for proposed Council work sessions to the Consent Agenda. 4. CONSENT AGENDA Motion by Ruettimann, second by Jolly to approve the following items on the Consent Agenda: Approval of Meeting Minutes The Council approved the minutes of the Meeting of May 13, 1996 as presented. Regular Council Appointment to the Economic Development Authority The Council approved the appointment of Don Jolly to the Economic Development Authority Board to fill the unexpired term of Don Murzyn, Jr. The term will expire January 8, 1998. Establish Joint Meeting with City Council and Cable Commission The Council established a joint meeting with the Cable Communications Commission on August 15, 1996 to review information in regards to the transfer of ownership. Approve License Applications The Council approved the license applications as listed upon payment of the proper fees. Payment of Bills The Council approved the payment of bills as listed out of proper funds. CouDcil Work Sessions The Council established Monday, June 3, 1996 at 7:00 p.m. and Monday, June 17, 1996 at 7:00 p.m. as work session dates for June, 1996. Roll call on Consent Agenda: Ail ayes REGULAR COUNCIL MEETING MAY 28, 1996 PAGE 2 5. RECQGNITION, PROCLAMATIONS. PRESENTATIONS. GUESTS There were no items for this portion Of the agenda. 6. PUBLIC HEARINGS There were no public hearings. 7. ITEMS FOR CONSIDERATION A. Other Resolutions/Ordinances a. First Reading of Ordinance No. 1325 Being an Ordinance Expanding the Role of the Cable Commission Motion by Jones, second by Ruettimann to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1325 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977 AND PERTAINING TO CABLE COMMUNICATIONS COMMISSION The City of Columbia Heights does ordain: Section 1: Section 3 of Ordinance No. 853, City Code of 1977, which currently reads as follows, to wit: e~B~-eeMM~N~eA~eNs-eeMM~SS~eN is hereby amended to read as follows: TELECOMMUNICATIONS COMMISSION Section 2: Section 3.315 of Ordinance No. 853, City Code of 1977, which currently reads as follows, to wit: 3.315 (1) A Columbia Heights e.B}e-e~,.&~e~&o.s Commission is hereby established which shall consist of seven (7) members to be organized as follows: is hereby amended to read as follows: 3.315(1) A Columbia Heights Telecommnications Commission is hereby established which shall consist of seven (7) members to be organized as follows: REGULAR COUNCIL MEETING MAY 28, 1996 PAGE 3 Section 3: Section 3.315(2) of Ordinance No. 853, City Code of 1977, which currently reads as follows, to wit: 3.315 (2) The Commmission shall serve in an advisory capacity to the Council and the administrative service of the City. The duties and responsibilities of the Commission shall be as follows: a. Study, investigate and make written recommendations to the City Council on all matters pertaining to the Columbia Heights Cable Communications Franchise on its own initiative or as referred to the Commission by the Council or administrative service of the City. This shall include, but not be limited to, the following matters: 1) Additional services which could be furnished by the Cable Communications System. 2) Rate adjustments. 3) Actions of 6~a~ee which may be grounds for revocation of the Franchise. 4) 6~a~ee~s performance regarding subscriber complaints and interruption of service. 5) Operation and use of access channels. 6) Renewal or extension of the Franchise. 7) Channel allocation and programming. 8) Compliance of 6~ameee with terms and conditions of Franchise 9) Possible sanctions against be Prepare and submit an annual report to the City assessing the Grantee's performance according to the terms of the franchise and make written recommendations to the City. Every three months prior to the fifth year of operation and every five years thereafter, the Commission shall submit a report to the City, which report shall include a written appraisal of the performance of the Grantee over the entire length of the franchise with regard to the provisions of the franchise. REGULAR COUNCIL MEETING MAY 28, 1996 PAGE 4 The report shall include recommendations for revised or additional provisions of the franchise, considering at least the following items; channel capacity, channels for access, cable casting, facilities and staff assistance available for access cable casting, two-way capability, and the need for further service to be extended within the franchise area based upon a reassessment of the communication needs of the City in relation to the services generally offered by the cable industry. is hereby amended to read as follows: 3.315(2) The Commission shall serve in an advisory capacity to the Council and the administrative service of the City. The duties and responsibilities of the Commission shall be as follows: a. Study, investigate and make written recommendations to the City Council on all matters pertaining to the provision of telecommunication services within the City on its own initiative or as referred to the Commission by the Council or administrative service of the City. This shall include, but not be limited to, the following matters: (1) Additional services which could be furnished by the Cable Communications System telecommunications service providers. (2) Rate adjustments. (3) Actions of a 6~a~ee provider which may be grounds for revocation of its ~he ~ranchise, permit, license, or other right to do business in the City. (4) 6~a~ee~s Provider's performance regarding subscriber complaints and interruption of service. (5) Operation and use of access channels. (6) Renewal or extension of the ~ranchise, permit. license, or other riaht to do business in the City. (7) Channel, .spectrum, or capacity allocation and programming. (8) Compliance of 6~m~ee prQvider with terms and conditions of the ~ranchise, permit, license, or right to do business in the City. REGULAR COUNCIL MEETING MAY 28, 1996 PAGE 5 (9) Possible sanctions against S~ameee the Provider. (b) Prepare and submit an annual report to the City assessing the Grantee's performance according to the terms of the cable televisio~ franchise and make written recommendations to the City. (c) Three months prior to the fifth year of operation and every five years thereafter, the Commission shall submit a report to the City, which report shall include a written appraisal of the performance of the Grantee over the entire length of the cable franchise with regard to the provisions of the cable franchise. The report shall include recommendations for revised or additional provisions of the franchise, considering at least the following items: channel capacity, channels for access, cable casting, facilities and staff assistance available for access cable casting, two-way capability, and the need for further service to be extended within the franchise area based upon a reassessment of the communication needs of the City in relation to the services generally offered by the cable industry. Section 4: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: May 28, 1996 Motion by Jones, second by Ruettimann to scheduled the second reading of Ordinance No. 1325 for the Council meeting of June 10, 1996. Roll call: All ayes 2. First Reading of Ordinance No. 1326 Being an Ordinance Regarding Possession of a Toxic Substance by a Minor Motion by Peterson, second by Jones to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1326 BEING AN ORDINANCE CREATING SECTION 10.108(7) OF THE COLUMBIA HEIGHTS CITY CODE WHICHMAKESUNLAWFULTHE POSSESSION OF TOXIC SUBSTANCES LISTED IN MINNESOTA STATUTES CHAPTER 609.684 BY PERSONS UNDER THE AGE OF 18 REGULAR COUNCIL MEETING MAY 28, 1996 PAGE 6 WHEREAS, state law makes it unlawful to sell certain toxic substances to persons under the age of 18; and WHEREAS, it is logical that persons under the age of 18 should not possess these same toxic substances. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Columbia Heights that section of the Columbia Heights Code be created to read as follows: Section 10.108(7) ~o$$ession of Toxic Substances Subd. 1 For purposes of this section "toxic substance" ~eans: (1) g~e, cement, or aerosol paint containing toluene, benzene, xylene, amyl nitrate. butyl nitrate, nitrous oxide, or containing other aromatic hydrocarbon solvents, but does not include glue~ cement, or paint contained in a packaged kit for the construction of a model automobile. airDlane, or similar item: ¢2~ butane or a butane ~igh%er. or. (3~ any similar substance declared to be toxic to the central nervous system and to have a potential for abuse, by a rule adopted by the Commissioner of Health under Chapter 14. Subd. 2 It shall be unlawful for aDY Derson under the age of 18 years to possess any toxic substance except while these persons are under the direct supervision Qf a. parent or guardian; 07, are engaged in employment or educational activities that require the use of these toxic substances. Subd. 3 A violation of this section is a petty misdeme~Dor and violators may be required to participate in a community service project in addition to a fine. First Reading: May 28, 1996 Motion by Peterson, second by Jones to schedule the second reading of Ordinance No. 1326 for the June 10, 1996 Council Meeting. Roll call: All ayes 3. First Reading of Ordinance No. 1327 Being an Ordinance Regardina Loud Music From Vehicles Motion by Jolly, second by Ruettimann to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes REGULAR COUNCIL MEETING MAY 28, 1996 PAGE 7 ORDINANCE NO. 1327 BEINGANORDINANCE CREATING SECTION 10.108(8) OF THE COLUMBIA HEIGHTS CITY CODE WHICH MAKES IT UNLAWFUL TO EMIT RADIO OR OTHER ELECTRONIC SOUND AMPLIFICATION FROM A PARKED, STOPPED, STANDING, OR MOVING VEHICLE WHICH CAN BE HEARD FROM A DISTANCE OF 75 FEET OR MORE Section 10.108(8) Radios or Other Electronic Amplification Devices SOUPd Subd. 1 No Derson may operate or park. stop. or le~v~ standing a motor vehicle while using a radio or othgr electronic sound amplification device emitting sound from or around the vehicle that is audible from a distance of 75 or more feet. unless the electronic sound amplification device is being used to request assistance or warn against an unsafe This subsection does not apply to any of the followiDg: 1. The operator of an authorized emergency vehicle whe~ respondina to an emergency call. or when in Pursuit of an actual or suspected violator of the law. or when responding to. but not upon returning from. a fire call. 2. The operator of a vehicle of a public utility. 3. The operator of a vehicle that is beina used for advertising purposes. 4. The operator of a vehicle that is beina used in a licensed or Dermitted event or.celebration, procession, or assemblage. 5. The activation of a theft alarm system device, Subd. 2. A violation of this section is a petty m~sdemeanor. First Reading: May 28, 1996 Motion by Jolly, second by Ruettimann to schedule a second reading of Ordinance No. 1327 for the June 10, 1996 Council Meeting. Roll call: All ayes REGULAR COUNCIL MEETING MAY 28, 1996 PAGE 8 4. First Reading of Ordinance No. 1328 Being an Ordinance Calling for Abandonment of the City Charter Bruce Nawrocki, a member of the Charter Commission, expressed concern regarding the potential loss of the right to initiative, referendum and recall to the voters of the City if the Charter were abandoned. He also felt there should be more public discussion regarding this ordinance. Members of the Council noted that the Charter Commission members had been contacted to schedule a joint meeting with the City Council. Councilmember Jolly recalled that there had been no response from members of the Charter Commission regarding this meeting. Recently, a letter had also been sent to Charter Commission members advising that this matter was going to be discussed at this Council Meeting. It was suggested the City Manager schedule a joint meeting for some evening next week. Discussion continued which addressed the history of the ordinance and its effects on voters. In addition to the matters of initiative, referendum and recall, the second issue not superceded by state statute was mayoral control over the Police Department. Motion by Jolly, second by Ruettimann to waive the reading of the ordinance there being ample copies available for the public. Roll call: Ail ayes ORDINANCE NO. 1328 AN ORDINANCE OF THE CITY OF COLUMBIA HEIGHTS RELATING TO THE ABANDONMENT OF THE COLUMBIA HEIGHTS CITY CHARTER The City of Columbia Heights does ordain: Section 1: That the City Council of the City of Columbia Heights hereby proposes the abandonment of the Columbia Heights City Charter. Section 2: That the abandonment of the City Charter shall be completed in compliance with Minnesota Statute 410.12, Subd. 5. Section 3: That the City Council shall submit this proposed ordinance to the Charter Commission. REGULAR COUNCIL MEETING MAY 28, 1996 PAGE 9 Section 4: That within sixty (60) days after its submission by the Council, the Charter Commission shall review the proposed abandonment and shall approve or reject the proposal. Section 5: That upon prompt notification of the Charter Commission's action, the Council shall submit the proposed abandonment to the people in the manner as provided by Minnesota Statute 410.12, Subd. 4. Section 6: That the City will select and operate as an optional Plan Statutory City if the charter abandonment is approved by the City electors. Section 7: That this ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: May 28, 1996 Motion by Jolly, second by Ruettimann to establish the second reading of Ordinance No. 1328 for June 10, 1996 at 7:00 p.m. Roll call: All ayes The City Manager was requested to establish a joint meeting with the Charter Commission and the City Council before the second reading of the ordinance on June 10, 1996. 5. Resolution No. 96-47a Being a Resolution Appointing Walter Fehst as City Manager Motion by Peterson, second by Jones to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes Former Mayor/Councilmember Nawrocki stated he felt the contract for the newly-hired City Manager went overboard on benefits, was too generous with moving expenses, living expenses, car allowance and a sixty day bank of sick leave upon commencement of the job. Some members of the Council indicated they felt this contract was similar to those offered the last two city managers. RE~OLUTION NO. 96-47a APPOINTMENT OF CITY MANAGER WHEREAS, the position of City Manager became vacant on February 2, 1996, due to the resignation of Patrick Hentges; and, REGULAR COUNCIL MEETING MAY 28, 1996 PAGE 10 WHEREAS, the City Council has, with the assistance of ~a consultant, conducted an extensive search for candidates for City Manager; and, WHEREAS, after a thorough process to select a finalist from among a group endorsed by the consultant, the Council has selected Walter Fehst; and, WHEREAS, discussions with Walter Fehst have provided mutually acceptable terms and conditions of employment; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Columbia Heights does hereby appoint .Walter Fehst, City Manager of the City of Columbia Heights, effective July 8, 1996, under the following terms and conditions of employment: The City Manager shall be compensated at the annual salary of $72,000. The City Council will conduct a performance evaluation at six months. Subject to satisfactory performance evaluation, the salary could increase to $75,000. A performance evaluation will be conducted at 12 months, and the Council will consider an additional salary increase at that time. Thereafter, performance evaluations will occur at 12 month intervals. Thereafter, salary adjustments will take place at the same time as other management employees. In the event the City reduces the salary or other benefits of the City Manager any time during the term of the agreement in a greater percentage than for all other managament employees, or in the event the City suggests (whether formally or informally) that the City Manager resign, the City Manager may be deemed terminated at the date of reduction or such notice within the context of the severence provision. The City Manager has the option to participate in the State's Public Employees Retirement Association or in a deferred compensation plan through the City. In the event the City Manager decides to opt out of PERA, the City will contribute an amount to a deferred compensation plan in the same percentage as the City would have contributed to PERA. REGULAR COUNCIL MEETING MAY 28, 1996 PAGE 11 Se 10. In addition, the City Manager is eligible to participate in the City's deferred compensation plan wherein the City will match up to $500 contribution made by the employer. The City Manager may also participate in other qualified pension or deferred compensation plans subject to future negotiations with the City Council. The City Manager will participate in the City's medical, dental, and life insurance program on the same basis as other management employees. It is understood that should there be any change in these benefit provisions for other employees, that the City Manager is also eligible to participate in the benefit package. The City Manager will receive the same number of holidays as granted to other management employees. The vacation schedule will allow for three weeks during the first year of employment and four weeks the second year and thereafter. The City Manager will be granted a 60 day bank of sick leave upon employment. Thereafter, the City Manager will earn one day per month against the sick leave bank. Ail accumulations of sick leave and vacation time will be in accordance with City policy. The City Manager will receive a car allowance of $250 per month for the use of his personal automobile on behalf of City business within the Twin Cities metropolitan area. Any travel on behalf of the City outside of the area will be reimbursed on a per mile basis per City policy and IRS regulations. The City will pay transportation, lodging and related expenses for the City Manager and his spouse to visit the City for purposes of finding permanent housing. The City will also pay the cost of relocating the City Manager's family and household goods from Mountlake Terrace, Washington to Columbia Heights. In recognition of the fact that the City Manager will assume employment prior to relocating his family and household goods to Columbia Heights, the City will provide him with temporary living expenses at the rate of $1,000 per month not to exceed three months. REGULAR COUNCIL MEETING MAY 28, 1996 PAGE 12 11. The City will pay all the dues and related expenses, including conferences, to participate in the appropriate professional organizations including the International City/County Management Association, League of Minnesota Cities, and other related professional and municipal organizations. The City will also reimburse the City Manager for business expenses related to the cost of doing business for the City. 12. Upon employment, the City Manager is employed for a period of one year. He is subject to removal by City Council with or without cause. He will be employed for additional one year periods of employment, subject to the right of the Council to provide notice that they intend not to renew the automatic one-year renewal. If the Council decides to exercise that option, they must give the City Manager notice per the following schedule: Within the first year - five months; within the second year - four months; within the third year - three months; and thereafter, three months notice. Should the City Manager be found guilty of a felony, malfeasance, misfeasance, or nonfeasance while in office, the terms and conditions of the serverance provision shall not apply. If the City Manager decides to leave employment with the City, he must give at least a 30 day notice of his intent to resign. 13. The City will defend, save harmless, and idemnify the City Manager against any negligence or professional liability claim, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of his duties as City Manager. The City will compromise and settle any such claims or suit, and pay the amount of any settlement or judgement rendered thereon. The City will not indemnify the City Manager for deliberate acts in violation on his part such as assault, theft, etc. Passed this 28th day of May, 1996. Offered by: Seconded by: Roll call: Peterson Jones All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary REGULAR COUNCIL MEETING MAY 28, 1996 PAGE 13 b. Bid Considerations 1. Award of 1996 Miscellaneous Concrete ReDairso Project ~9600 Motion by Sturdevant, second by Jones to reject the bids received for Project #9600. Roll call: All ayes Staff was requested to go out for bids again with the floor slab removed and bid as an alternate. 2. Reject Bids for 1996 Street Rehabilitation Project Motion by Peterson, second by Ruettimann to reject all bids for the 1996 Street Rehabilitation - Zone I Project, as all bids exceed the available funding, and furthermore, direct staff to re-evaluate the plans and specifications and report back to the Council on the feasibility of rebidding the project. Roll call: All ayes Councilmember Jolly suggested that property owners in this project area be notified by postcard of the project status. c. Other Business 1. Leasing of Water Tower as Site for Communication Antenna Sprint Spectrum has indicated an interest in entering into a lease with Columbia Heights for the placement of twelve antennas on the City's water tower. The City prefers the League of Minnesota Cities' lease. Sprint Spectrum prefers its own lease. Dave Fisher, a representative of Sprint Spectrum, advised the Council of the problems his firm has with the LMC lease. Councilmember Jolly expressed similar concerns with the Sprint lease. The City Manager indicated negotiations will continue. Motion by Sturdevant, second by Peter$on to table this matter until such time that the City Manager and City Attorney can meet with representatives of Sprint Sprectrum and draft a contract acceDtable to the City Council. All ayes Bruce Nawrocki viewed the 4% annual escalator in the Sprint lease as not being a really good deal for the City. He inquired if bids had been sought and was advised they had not been. He recommended the city's Science, Technology and Energy Commission be asked for recommendations. REGULAR COUNCIL MEETING MAY 28, 1996 PAGE 14 8. ADMINISTRATIVE REPORTS a. Report of the City Manager The City Manager's report was submitted in written form and the following additional items were discussed: ~resentation to Elementary School: The City Manager stated he had made a presentation to the 4th & 5th grades at Valley View Elementary School. He felt it was a worthwhile experience. Water Tower: The City's water tower had recently been emptied and painted. Councilmember Jolly inquired if it had been refilled. The tower was filled today. Eight Turn Stop Sign: Councilmember Jolly inquired if the right turn sign on Central Avenue at 37th had been installed. The City Manager responded this installation is the responsibility of the Minnesota Department of Transportation and has not been done at this point in time. Sidewalk Easements: Some property owners on 44th Avenue have still not responded to easement requests being made by the City. Staff is still pursuing this. Pool Openings: Opening of the park kiddie pools is being delayed this year. State standards regarding these pools are very strict and may be quite costly to meet. Cost alternatives are being sought. One option being considered is saving the associated costs for meeting state standards at the pools and having lifeguards at Silver Lake Beach. Acting City Manager; Councilmember Jolly thanked Mark Winson, who served as Acting City Manager. Other members of the Council concurred and felt Mr. Winson brought many talents to the job as well as a willing attitude. b. Report of the City Attorney The City Attorney had nothing to report at this time. 9. GENERAL COUNCIL COMMUNICATIONS The following communications were received: Minutes of the April 16, 1996 and May 14, 1996 Economic Development Authority meetings. Minutes of the May 16, Commission meeting. 1996 Cable Communications REGULAR COUNCIL MEETING MAY 28, 1996 PAGE 15 CITIZENS FORUM Bruce Nawrocki requested information regarding the agreement between Honeywell and the City. He was particularly interested in costs and how the stated goals were met. The City Manager advised that Honeywell submits an annual audit. There currently appears to be a savings to the City. This is a seven year contract. Mr. Nawrocki would like to review the contract document. Councilmember Ruettimann noted he had requested an opportunity to review the same document. He stated he will contact the Honeywell representative. Councilmember Jolly would like to meet with the Honeywell representative. 11. ADJOURNMENT Motion by Ruettimann, second by Sturdevant to adjourn the Council Meeting at 8:45 p.m. Roll call: All ayes -An~ ~S%u~ent, ~C~y6ncil  a~oF" J~)seph Sturd&v Secretary