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HomeMy WebLinkAboutFebruary 26, 1996OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING FEBRUARY 26, 1996 CALL TO ORDER/ROLL CALL Mayor Sturdevant called the Council Meeting to order at 7:00 p.m. Mayor Sturdevant and Councilmembers Jones, Jolly, Ruettimann and Peterson were present. 2. PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO ME~TING AGENDA There were no additions nor deletions to the meeting agenda. e CONSENT AGENDA Motion by Ruettimann, second by Jolly to approve the following items on the Consent Agenda: Minutes for Approval The Council approved the minutes of the February 12, Regular Council Meeting as presented. 1996 Authorize City to Enter Into Administrative Agreement DgtweeB Anoka County and Other Election Districts Within the County The Council authorized the Mayor and City Manager to enter into an Administrative Agreement between Anoka County and the municipalities, townships, school districts, hospital districts in Anoka County to allocate costs for election expenses pursuant to administrative rules promulgated under Laws of 1995, Chapter 8, Section 3. Authorization to Seek Ouotes for Tree Removal in LaBelle Park The Council authorized staff to seek quotes for tree removal in LaBelle Park. Approval of Compensation for Certain Staff Member~ Council approved two weeks additional compensated leave for Robert Jendro, Kathyjean Young and Lauren McClanahan. Establish Council Work Session Dates ~Qr March, 1996 Council work session dates were established as follows: March 4, 1996 at 8:00 p.m. and March 18, 1996 at 7:00 p.m. REGULAR COUNCIL MEETING FEBRUARY 26, 1996 PAGE 2 Approval of License ADPlications The Council approved the license applications as listed upon payment of proper fees. The rental property licenses as listed on the memorandum from Lowell DeMars, dated February 26, 1996, were also approved. Pa_v~ent of Bills The Council approved the payment of the bills as listed out of proper funds. Roll call: All ayes 5. RECOGNITION. PROCLAMATIONS. PRESENTATIONS. GUESTS Mayor Sturdevant read the plaque which will be presented to Sergeant Robert Jendro recognizing his retirement after thirty-two years of service in the Columbia Heights Police Department. The Mayor presented a plaque to Robert Davidson who served in the Volunteer Division of the Columbia Heights Fire Department for twenty-one years. Police Chief Johnson introduced Judy Menth, the newly-hired Community Service Officer. 6. PUBLIC HEARINGS a. Second Reading of Ordinance No. 1315 Being an Ordinance Amending Ordinance No~ 853. City Code of 1977, Vacating the Trianale Portion of the Platted Alley Which is Adjacent to the Southeast Corner of Lot 20. Block 54. Columbia Heights to Minneapolis Motion by Peterson, second by Sturdevant to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1315 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, VACATING A CERTAIN ALLEY EASEMENT The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights herewith vacates the public alley, over, across, and under the following described property, to wit: REGULAR COUNCIL MEETING FEBRUARY 26, 1996 PAGE 3 Section 2: Section 3: That portion of the alley adjacent to Lot 20, Block 54, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota, commencing 60 feet south of the Northeast corner of said Lot 20, a distance of 10 feet south, thence at right angle west for a distance of 10 feet, thence northeasterly to the point of beginning and there terminating. excepting and reserving the authority of any person, corporation or municipality owning or controlling electric or telephone poles and lines, gas and sewer lines, or water pipes, mains and hydrants, thereon or thereunder, to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove or otherwise attend thereto. This above described vacated portion of the alley will be added to the adjacent portion of Lot 20. This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll call: February 12, 1996 February 26, 1996 February 26, 1996 Peterson Jolly All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary b. Second Reading of Ordinance No. 1316 Being an OrdiDance Amending Ordinance No. 853. City Code O~ ~977 Vacating ~h~ Unopened Portion of California Street Locatg~ Between 38th and 39th Avenues REGULAR COUNCIL MEETING FEBRUARY 26, 1996 PAGE 4 Motion by Jolly, second by Peterson to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1316 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, VACATING A CERTAIN PORTION OF STREET The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights herewith vacates the public street over, across, and under the following described property, to wit: That portion of California Street adjacent to the East line of Lots 1 thru 15, Block 79, Columbia Heights Annex to Minneapolis and adjacent to the West line of Lots 15 thru 30, Block 100, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. excepting and reserving the authority of any person, corporation or municipality owning or controlling electric or telephone poles and lines, gas and sewer lines, or water pipes, mains and hydrants, thereon or thereunder, to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove or otherwise attend thereto. Section 2: One-half of the sixty (60) feet vacated street right-of-way will be added to the above described lots that are adjacent to said street. Section 3: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: February 12, 1996 February 26, 1996 February 26, 1996 REGULAR COUNCIL MEETING FEBRUARY 26, 1996 PAGE 5 Offered by: Seconded by: Roll call: Jolly Peterson Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary c. First Reading of Ordinance Nos. 1317. 1318. 1319. 1320. ~nd 1321 Being Ordinances Approving Sale and Development Agreement Between City and Twin Cities Habitat for Humanity Regarding 4501 Taylor Street: 4549 Taylor Street: 4555 Taylor Street; 4550 Fillmore Street and 1221 40th Avenue The City Manager advised these agreements contain requirements to be met by the builder regarding the types of homes which will be built on these properties. He also noted that the City Council has the right of review relative to types of homes. Councilmember Ruettimann recalled that three of these parcels were scheduled for development in 1996. He had understood development of the two remaining parcels would be an option for 1997. This will be corrected in the ordinances before they receive their second reading. Motion by Peterson, second by Jones to waive the reading of Ordinance Nos. 1317, 1318, 1319, 1320 and 1321, there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1317 BEING ANORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL ESTATE LOCATED AT 4501 TAYLOR STREET NORTHEAST The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights may convey unto Habitat for Humanity the real property described as follows, to wit: Lot Sixteen (16) of the South One-Half (1/2) of Lot Seventeen (17), in Block Seven (7) of Sheffield's Second Subdivision, Anoka County, Minnesota, PIN 36-30-24-31-0003. REGULAR COUNCIL MEETING FEBRUARY 26, 1996 PAGE 6 Section 2: The Mayor and City Manager are herewith authorized to execute deeds to effectuate the conveyance of said real estate subject to the terms, purchase price and conditions specified. Section 3: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: February 26, 1996 Motion by Peterson, second by Ruettimann to schedule the second reading of Ordinance No. 1317, with corrections, for March 11, 1996 at approximately 7:15 p.m. Roll call: All ayes ORDINANCE NO. 1515 BEING AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL ESTATE LOCATED AT 4549 TAYLOR STREET NORTHEAST The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights may convey unto Habitat for Humanity the real property described as follows, to wit: Ail of Lot 28 and the South One-Half (1/2) of Lot 29, in Block Seven (7) of Sheffield's Second Subdivision, Anoka County, Minnesota, PIN 25-30-24-33-0108. Section 2: The Mayor and City Manager are herewith authorized to execute deeds to effectuate the conveyance of said real estate subject to the terms, purchase price and conditions specified. Section 3: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: February 26, 1996 REGULAR COUNCIL MEETING FEBRUARY 26, 1996 PAGE 7 Motion by Peterson, second by Ruettimann to schedule the second reading of Ordinance No. 1318, with corrections, for March 11, 1996 at approximately 7:15 p.m. Roll call: All ayes ORDINANCE NO. 1319 BEING ANORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL ESTATE LOCATED AT 4555 TAYLOR STREET NORTHEAST The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights may convey unto Habitat for Humanity the real property described as follows, to wit: Lot 29 except the South One-Half (1/2) of Lot 30, in Block Seven (7) of Sheffield's Second Subdivision, Anoka County, Minnesota, PIN 25- 30-24-33-0116. Section 2: The Mayor and City Manager are herewith authorized to execute deeds to effectuate the conveyance of said real estate subject to the terms, purchase price and conditions specified. Section 3: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: February 26, 1996 Motion by Peterson, second by Ruettimann to schedule the second reading of Ordinance No. 1319, with corrections, for March 11, 1996 at approximately 7:15 p.m. Roll call: All ayes ORDINANCE NO. 1320 BEING ANORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL ESTATE LOCATED AT 4550 FILLMORE STREET NORTHEAST The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights may convey unto Habitat for Humanity the real property described as follows, to wit: REGULAR COUNCIL MEETING FEBRUARY 26, 1996 PAGE 8 Lot 2 except the North One-Half (1/2) thereof and all of Lot 3, in Block Seven (7) of Sheffield's Second Subdivision, Anoka County, Minnesota, PIN 25-30-24-33-0124. Section 2: The Mayor and City Manager are herewith authorized to execute deeds to effectuate the conveyance of said real estate subject to the terms, purchase price and conditions specified. Section 3: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: February 26, 1996 Motion by Peterson, second by Ruettimann to schedule the second reading of Ordinance No. 1320, with corrections, for March 11, 1996 at approximately 7:15 p.m. Roll call: All ayes ORDINANCE NO. 1321 BEING AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL ESTATE LOCATED AT 1221 40TH AVENUE NORTHEAST The City of Columbia Heights does ordain: Section 1: The city of Columbia Heights may convey unto Habitat for Humanity the real property described as follows, to wit: That part of Lot 66 and 67, Block 5, "Reservoir Hills", Columbia Heights, Anoka County, Minnesota, according to the map or plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota, described as follows: Beginning at the southwest corner of said Lot 67; thence east along the south line of said Lot 67 a distance of 47 feet; thence north at a right angle to said south line, and extending to the north line of said Lot 66; a distance of 47 feet; thence south to the point of beginning. (Being also known as Lot 3, Auditor's Subdivision No. 26; and Lot 2, except the east 50.08 feet thereof, Auditor's REGULAR COUNCIL MEETING FEBRUARY 26, 1996 PAGE 9 e Subdivision No. 26, Anoka County, Minnesota) together with all hereditaments and appurtenances belonging thereto. PIN 25-30-24- 33-0125. Section 2: The Mayor and City Manager are herewith authorized to execute deeds to effectuate the conveyance of said real estate subject to the terms, purchase price and conditions specified. Section 3: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: February 26, 1996 Motion by Peterson, second by Ruettimann to schedule the second reading of Ordinance No. 1321, with corrections, for March 11, 1996 at approximately 7:15 p.m. Roll call: All ayes ITEMS FOR CONSIDERATION a. Other Resolutions~Ordinances a. Resolution No. 96-27 Being a Resolution Approving Allocation of Damages and Authorizina Payment Thereof to MPRS Motion by Sturdevant, second by Peterson to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 9~-~7 RESOLUTION APPROVING ALLOCATION OF DAMAGES AND AUTHORIZING PAYMENT THEREOF BE IT RESOLVED by the City Council of the City of Columbia Heights, Minnesota (City) as follows: Section 1. 1.1 The City of Columbia Heights (hereinafter referred to as the "City") is a defendant in the cases of Starks v. Minnesota Police Recruitment System, et.al.; Hennepin County District Court File No. EM93-219, and Fields v. Minnesota Police Recruitment System, et.al.; District Court File No. EM93-218. REGULAR COUNCIL MEETING FEBRUARY 26, 1996 PAGE 10 1.2 The Court has concluded in said actions that the defendants violated Minnesota Statutes, Chapter 363, the Minnesota Human Rights Act, in the administration of the Minnesota Police Recruitment System (MPRS) testing process for entry level police officers employment screening and that defendants are obligated to pay certain damages and penalties. 1.3 In its order dated November 6, 1995, the Court determined that the defendent cities are obligated to pay $156,688 in damages for lost wages and emotional distress. 1.4 The Court has also determined that the MPRS, a joint powers organization of which the City is a member, or was a member at the time the actions were commenced, is obligated to pay each of the two plaintiffs punitive damages in the amount of $8,500. 1.5 The Court has not yet made a determination as to the award of plaintiffs' costs, disbursements, and attorneys' fees. 1.6 1.7 The Court also determined that the unlawful discrimination by the defendants can reasonably be remedied in part by paying a statutory penalty in the amount of $300,000 to the State of Minnesota, or in lieu of such penalty establishing a reasonable minority race hiring commitment satisfactory to the Court. In the event a hiring commitment is submitted to the Court which is found to be satisfactory, it may be that the payment of a statutory penalty will not be required. The MPRS has proposed that the payment of monetary damages to the plaintiffs described above in paragraph 1.3, punitive damages described above in paragraph 1.4 and plaintiffs' costs, disbursements and attorneys' fees be allocated among the parties on the following basis: 20% of such costs would be divided equally among the 36 city defendants. 80% of such damages would be divided pro rata on the basis of the population served by the cities police departments as of the time the actions were commenced in January of 1993. REGULAR COUNCIL MEETING FEBRUARY 26, 1996 PAGE 11 Such population would be determined on the basis of Metropolitan Council estimates for cities in the metropolitan area. For communities outside of the metropolitan area the population would be determined by the State Demographer's estimates. For communities with service contracts under which police service is provided to other municipalities, the populations of such other municipalities would be included in the computation of population served. Section 2. 2.1 It is the best interest of the City to reach mutual agreement on the allocation of damages. 2.2 The allocation proposed by the MPRS is found to be fair and reasonable, and consent thereto is in the best interest of the City. Section 3. ApDrovals and Authorizations 3.1 The allocation for payment of damages, penalties, costs, disbursements and attorneys' fees described above is hereby approved. 3.2 The City consents and agrees to payment of its share of such damages, penalties, costs, disbursements and attorneys' fees in accordance with the allocation formula described above. 3.3 The City Manager is authorized and directed to make payment for the City's share of final judgement of such expenses in accordance with the agreed upon allocation. 3.4 This resolution does not amend any previous agreement among the defendant cities for allocation of defense costs and defendants' attorneys' fees; and nothing herein shall be deemed to be an agreement as to allocation of any statutory penalties which may be awarded in the future. 3.5 This resolution constitutes only an agreement between and among all cities which are defendants in the above- referenced actions which consent and agree to the allocation formula described above by adoption of substantially similar resolutions. REGULAR COUNCIL MEETING FEBRUARY 26, 1996 PAGE 12 Nothing herein shall be deemed an admission of responsibility or a liability in any action for contribution by any city which has not consented to such allocation or a waiver by the City of any rights, claims, demands, or causes of action for contribution by the City against any city which has not agreed to such allocation. Adopted by the City Council of the City of Columbia Heights this 26th day of February, 1996. Offered by: Seconded by: Roll call: Ruettimann Peterson All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary b. Resolution No. 96-28 Being a Resolution AdoPting a Street Rehabilitation Progr~ Motion by Ruettimann, second by Jolly to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 96-28 RESOLUTION ADOPTING A STREET REHABILITATION PROGRAM WHEREAS, most of the streets controlled and maintained by the City of Columbia Heights are thirty or more years old; and WHEREAS, it is recognized that a systematic program of surface maintenance, including patching, crack filling and sealcoating can extend the life of asphalt pavements; and WHEREAS, it is recognized that, even with a systematic program of maintenance, it becomes necessary to rehabilitate asphalt pavements in order to preserve the original investments in the construction of a street; and WHEREAS, it is City policy that the General Fund will be used for city-wide street maintenance such as pothole patching, street sweeping, and snow removal, and that specific maintenance and capital improvements such as sealcoating, curb and gutter replacement, sidewalks, and rehabilitation will be paid for by the property owners benefitted; and REGULAR COUNCIL MEETING FEBRUARY 26, 1996 PAGE 13 WHEREAS, the City Council recognizes that the current policies with regard to maintenance and assessments have not been conducive to a systematic program of street rehabilitation that will preserve the investment made in the street system. NOW, THEREFORE, BE IT RESOLVED: That in order to preserve the investment in the street system, the following practices will be followed: The City will be divided into seven zones for the purpose of maintenance and sealcoating which allows for more efficient patching and crack filling of the street surface in preparation for sealcoating. The City Engineering staff will review the streets in each zone to be sealcoated to determine which streets would benefit from rehabilitation for streets in need of rehabilitation, and determine a maximum assessment rate based on the type of rehabilitation and the availability of City funds that can be applied to start rehabilitation. The City Council will review these recommendations, and as appropriate, order improvement hearings to provide testimony from those property owners affected by the proposed street rehabilitation projects. When appropriate, the City Council will set a maximum assessment rate based on the type of rehabilitation, and availability of City funds for street rehabilitation, and order the improvements, with those costs not covered by the assessment being paid for out of the Infrastructure Fund. The City Council will annually review the balance of the Infrastructure Fund, and as appropriate, transfer available funds to the Infrastructure Fund to keep it solvent. Passed this 26th day of February, 1996. Offered by: Seconded by: Roll call: Ruettimann Jolly Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary REGULAR COUNCIL MEETING FEBRUARY 26, 1996 PAGE 14 b. Bid Considerations 1. AWard of Road Aggregate Materials Motion by Peterson, second by Jones to award the bid for and authorize the Mayor and City Manager to enter into an agreement to purchase road aggregate materials for the 1996 season based upon low formal bids received at the unit prices and from the vendors listed on the Council letter. Roll call: All ayes 2. Authorization to Purchase Athletic Equipment Motion byRuettimann, second by Peterson to authorize staff to purchase athletic equipment from Sports Supply Group. Roll call: All ayes 3. Authorization to Purchase T-Shirts and Baseball Caps Motion by Ruettimann, second by Jones to authorize staff to purchase t-shirts and baseball caps from MECA Sportswear. Roll call: All ayes The Recreation Director advised that a portion of the Columbia Heights Athletic Boosters' annual donation to athletic programs will be used to purchase the athletic equipment as well as the t-shirts and baseball caps. 4. Reject Bid for Asphaltic Material Motion by Ruettimann, second by Peterson to reject the bid as it did not meet specifications for the 1996 asphaltic materials. Roll call: All ayes 5. Award of Plant Mixed Bituminous Materials Motion by Peterson, second by Ruettimann to award the bid and to authorize the Mayor and City Manager to enter into an agreement to purchase the 1996 plant mixed bituminous materials based upon low formal bids received at the unit prices and from the vendors as listed on the council letter. Roll call: All ayes 6. Authorization to Purchase Tractor for UnderaroundTVUnit Motion by Jones, second by Ruettimann to authorize the purchase of one (1) Aries TV tractor from Aries Industries, Inc. of Wisconsin for $6,869.00 plus tax, funding from Fund 432-49499-5180, and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: All ayes REGULAR COUNCIL MEETING FEBRUARY 26, 1996 PAGE 15 C. 0~her Business 1. Authorize Pa_vment to the City of Fridley for Columbia Heights' Portion of the Safety Net Proaram Motion by Ruettimann, second by Jones to authorize payment of $4,000 to the City of Fridley for Columbia Heights' portion of the Safety Net Program from the Police Department Fund 101- 42100-3050 and that the Mayor and City Manager be authorized to issue payment. Roll call: All ayes 2. Authorize Mayor and Acting city Manaaer to Enter into Contract Building Inspection and Plan Review Contract Motion by Peterson, second by Jones to authorize the Mayor and Acting City Manager to enter into an agreement with Collova Services for building inspection and plan review services. Roll call: All ayes ADMINISTRATIVE REPORTS a. Report of the City Manager The City Manager's report was submitted in written form. An update of the City's chipper was requested. The City Manager responded that it is being used but has received some "band aid" repair to keep it operable. It is hoped that in the near future, a new wheel will be installed so it will perform more satisfactorily. An inquiry was made regarding the status of the Hilltop negotiations relative to the sewer agreements. The City Manager advised that some very minor changes were being requested by the Hilltop City Attorney. Councilmember Ruettimann had heard about a bill which is being discussed by the Senate which addressed surpassing local control with statewide legislation. He had understood that this legislation would have final authority on all issues. The City Manager was contacted by Representative Carlson regarding legislation which focused on regulating tobacco sales. The City Manager advised him that it would be desirable to maintain local control. The City Manager reminded cable viewers of the Values First sponsored "History Night" on Tuesday, February 27th. He noted this event was highlighting the value of "citizenship." REGULAR COUNCIL MEETING FEBRUARY 26, 1996 PAGE 16 e Councilmember Jones read a notice which gave various political party locations for the March 5th caucuses. This information will be run on local cable access channel #16. Councilmember Jolly commented on the outside telephones which have been installed recently around the City. He inquired if there was any information on them. Police Chief Johnson had a CSO check on one across from City Hall. They are pulse phones and have no return call number capabilities. Additional Information will be sought on this matter. GENERAL COUNCIL COM~%~NICATION$ Minutes of the February 15, 1996 Cable Commission meeting were included in the agenda packet. No council action was required. 10. CITIZENS FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENp~ There was no one present for Citizens Forum. 11. ADJOURNMENT Motion by Ruettimann, second by Peterson to adjourn the meeting at 8:01 p.m. Roll call: All ayes b-~ne §t'uden~, yo~ Joseph Sturdevant Council Secretary