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.
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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