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HomeMy WebLinkAboutSeptember 28, 1998OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING SEPTEMBER 28, 1998 1. CALL TO ORDER/ROLL CALL The meeting was called to order by Mayor Sturdevant at 7:00 p.m. Present were Mayor Sturdevant and Councilmembers Szurek, Jolly, Ruettimann and Peterson. 2, PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA There was a request to remove from the consent agenda item 4-c regarding the resolution approving the 1999 license fee schedule. 4. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted upon as part of the Consent Agenda by one motion. Items removed from consent agenda approval are taken up as the next order of business.) Motion by Ruettimann, second by Peterson to approve the Consent Agenda items as follows: a) Approval of Meeting Minutes The Council approved the minutes of the September 14, 1998 Regular Council Meeting, the minutes of the September 16, 1998 Election Canvass and the minutes of the September 16, 1998 Special Council Meeting as presented. b) Authorize Purchase of LCD Projector and Screen The Council authorized staff to purchase a Panasonic LCD projector from Alpha Video for $5,159.93 with funds to be appropriated from the Refuse and Cable fund balances. c) Resolution No. 98-82 Being a Resolution Approving 1999 License Fee Schedule Removed from Consent Agenda. d) First Reading of Ordinance No. 1377 Being an Ordinance Amending Ordinance No. 853, City Code of 1977, Pertaining to the Amendment of Certain Sections of the Licensing Requirements of the City The Council waived the reading of the ordinance. The Council scheduled the second reading of the ordinance for Monday, October 12, 1998 at approximately 7:00 p.m. COPIES OF ORDINANCE NO. 1377 ARE AVAILABLE FOR PUBLIC REVIEW AT THE PUBLIC LIBRARY, THE RECREATION DEPARTMENT AND AT THE PUBLIC WORKS OFFICES. REGULAR COUNCIL MEET1NG SEPTEMBER 28, 1998 PAGE 2 e) Payment of Invoice to Metropolitan Council Environmental Services The Council approved the payment of an invoice for emergency repair work of MCES sewer at 45th Avenue and 2 lA Street to Metropolitan Council Environmental Services in the amount of $40,703.70 from the Sanitary Sewer Construction Fund 652-49499-5130. f) Donations to Fireworks for Dedication of Football Field The Council approved the donation of $1,000 from the Mayor/Council Contingency Fund for the fireworks display by B.J. Erickson Pyrotechnics on October 2, 1998 for the dedication of the newly refurbished football field at the Columbia Heights High School. g) Resolution No. 98-81 Being a Resolution Amending Resolution No. 97-38 Pertaining to By-Laws and Procedures of the Columbia Heights Youth Initiative Commission The reading of the resolution was waived there being ample copies available for the public. RESOLUTION NO. 98-81 BEING A RESOLUTION AMENDING RESOLUTION NO. 97-38, PERTAINING TO THE BY-LAWS AND PROCEDURES OF THE COLUMBIA HEIGHTS YOUTH INITIATIVE COMMISSION RESOLUTION NO. 97-38 SHALL HEREAFTER BE AMENDED TO READ AS FOLLOWS: BEING A RESOLUTION ESTABLISHING THE CITY OF COLUMBIA HEIGHTS' YOUTH INITIATIVE COMMISSION AND APPROVING ITS BY-LAWS AND PROCEDURES BE IT RESOLVED BY THE YOUTH INITIATIVE COMMISSION OF THE CITY OF COLUMBIA HEIGHTS, that the following rules of procedure are adopted: ARTICLE 1. NAME WHEREAS: The Youth Initiative Commission is established and so named in accord with City Code. ARTICLE II.. PURPOSES AND OBJECTIVES WHEREAS: The goals of the Youth Commission are as follows: REGULAR COUNCIL MEET1NG SEPTEMBER 28, 1998 PAGE 3 The advocate for youth and their environment as a community priority; To promote the development of youth socially, emotionally, spiritually, educationally and physically; To identify and prioritize unmet needs of area youth; To recommend strategies and solutions to meet identified needs of youth; To encourage community and school involvement through dissemination of information; To evaluate commission activities on an ongoing basis; To promote the seven identified core values of Value First. ARTICLE lll. MEMBERSHIP AND VOTING Section 1. WHEREAS: The Youth Initiative Commission shall consist of sixteen (16) representatives. Fourteen (14) are chosen from students attending schools licensed by the State of Minnesota and home schools located within the City of Columbia Heights. Section 2. WHEREAS, the distribution of the fourteen (14) students selected from (Columbia Heights Schools) schools located within Columbia Heights is (are) as follows: Three from grade 12 Three from grade 11 Two from grade 10 Two from grade 9 Two from grade 8 Two from grade 7 Two (at large) youths who reside within the corporate limits of Columbia Heights and/or Hilltop but do not attend a school located within Columbia Heights are also selected to serve as at-large members of the Commission. (from within the corporate limits of Columbia Heights and/or Hilltop but do not attend Columbia Heights schools These two people will be in addition to the fourteen and the intent is not meant to supplement the existing number.) WHEREAS: The Commission itself will have input in the selection process. REGULAR COUNCIL MEETING SEPTEMBER 28, 1998 PAGE 4 WHEREAS: No student shall serve as a youth member on the Commission beyond August 3 1st in the year in which the youth graduates (from Columbia Heights High School) or in which they reach 19 years of age or if they cease to be enrolled in (Columbia Heights High School) school. WHEREAS: Youths are limited to one single consecutive two year term. The youth may reapply after one year's absence from the Commission as voting member. Charter members of the Commission shall be exempt from the prohibition on serving two consecutive terms. WHEREAS: Each member of the Commission shall be entitled to vote at all regular and special meetings of the Commission. WHEREAS: Youths with expired terms can act as advisors but not have voting privileges. Section 3. WHEREAS: Anytime a member does not record his/her vote, an abstention must be entered as such in the minutes with a reason recorded. ARTICLE IV. MEETINGS OF THE COMMISSION Section 1. WHEREAS: Regular meetings of the Commission shall be held each month. Specific times and locations to be determined at the first meeting along with the selection of officers. Section 2. WHEREAS: A majority of the members of the Commission shall constitute a quorum in order to accomplish Commission business. Section 3. WHEREAS: At least three days' notice reminder of each monthly and special meeting shall be given to each member of the Commission either personally or by mail addressed to such member at the address appearing from the records of the Commission. REGULAR COUNCIL MEETING SEPTEMBER 28, 1998 PAGE 5 WHEREAS: Such notice shall state the date, time, place and purpose of the meeting. Section 4. WHEREAS: Any Commission member missing three meetings without satisfactory explanation to the Commission may forfeit his/her membership. The Commission, by resolution, may recommend to the City Council and School District #13 that such a member be replaced by a person to serve the remainder of that member's term. Section 5. WHEREAS: A Commission member who attends a meeting of the City Council and/or School Board as a representative of the Commission should follow these guidelines: 1) Copies of any report should be made available to each member of the Council and/or School Board. Such a report may be delivered orally. 2) The representative should answer questions about the Commission's policies if these are addressed to him/her by the Council and/or School Board. 3) The representative should support the Commission's majority report and should not present his/her own point of view nor that of the minority unless specifically asked. 4) The representative may ask the Council and/or School Board to meet jointly with the Commission before a determination which reverses or is contrary to the recommendation of the Commission. Section C. ELECTION OF OFFICERS The members shall elect all officers of the Youth Commission for terms of one year and each shall hold office until they shall resign or shall be removed or disqualified or until their successors are elected. Elections shall be held in September of each year. Section D. VACANCIES OF OFFICERS In case of any office of the Youth Commission becomes vacant by resignation, retirement, removal, disqualification, illness, death or any other cause, a majority vote of the membership, shall elect an officer to fill the unexpired term. The officer elected shall hold office and serve until the next election of officers. REGULAR COUNCIL MEETING SEPTEMBER 28, 1998 PAGE 6 ARTICLE VI SUBCOMMITTEES Section 1. The Chairperson shall appoint subcommittees as needed. Section 2. The Chairperson may appoint a chairperson for each subcommittee or may serve in this capacity him/herself. ARTICLE VII AMENDMENTS TO BYLAWS These bylaws may be amended by the City Council by a recommendation of the majority of the Commission at any regular meeting providing notices of such amendment request if given at the preceding regular meeting. ARTICLE VIII RULES Except where otherwise provided by these rules, the proceedings of the Commission shall be governed by Roberts Rules of Order, Revised. NOW, THEREFORE, BE IT RESOLVED that the Columbia Heights City Council hereby establishes a Youth Initiative Commission and approves its bylaws and procedures. Passed this 28th day of September, 1998. Offered by: Ruettimann Seconded by: Peterson Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary h) Resolution No. 98-83 Being a Resolution Designating Authority Regarding Block Party Request/Approval Procedure The reading of the resolution was waived there being ample copies available for the public. REGULAR COUNCIL MEET1NG SEPTEMBER 28, 1998 PAGE 7 RESOLUTION NO. 98-83 BEING A RESOLUTION DESIGNATING AUTHORITY FROM THE CITY COUNCIL TO THE CITY MANAGER OR HIS/HER DESIGNEE TO APPROVE BLOCK PARTY REQUESTS REQUIRING STREET CLOSURES WHEREAS, the existing procedure authorizes the City Council to approve block party requests requiring street closures; and WHEREAS, the existing procedure for processing such a request requires extensive paperwork involving the citizen, the Police Department, Fire Department, Public Works Department and Administration; and WHEREAS, in order to process such requests more efficiently, it is proposed that the City Manager or his/her designee be delegated the authority to approve such request. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Columbia Heights hereby delegates to the City Manager or his/her designee the authority to approve block party requests requiring street closures. This delegation of authority shall be effective the date of passage of this resolution. Passed this 28th day of September, 1998. Offered by: Ruettimann Seconded by: Peterson Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary i) Resolution No. 98-84 Being a Resolution Regarding Serving Beer in City Parks - Requests/Approval Procedure The reading of the resolution was waived there being ample copies available for the public. RESOLUTION NO. 98-84 BEING A RESOLUTION DELEGATING AUTHORITY FROM THE CITY COUNCIL TO APPROVE REQUESTS TO SERVE BEER IN CITY PARKS REGULAR COUNCIL MEETING SEPTEMBER 28, 1998 PAGE 8 WHEREAS, the existing procedure authorizes the City Council to approve requests to serve beer in the city parks; and WHEREAS, the existing procedure for processing such a request requires extensive time and paperwork involving the citizen, the Recreation Department, Police Department, Public Works Department, and Administration; and WHEREAS, in order to process such requests more efficiently, it is proposed to delegate to the City Manager (or his/her designee) the authority to approve requests to serve beer in our city parks. This authority shall be effective the date of passage of this resolution. Passed this 28th day of September, 1998. Offered by: Ruettimann Seconded by: Peterson Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary j) Establish Hearing Dates - License Revocation, Rental Properties The Council established a hearing date of October 26,1998 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against Richard Stueland for the property at 1035 45th Avenue. The Council established a hearing date of October 26, 1998 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against Ivan Ludeman for the properties located at 4640 and 4648 Polk Street. The Council established a hearing date of October 26,1998 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against the Lynde Investment Company for the properties located at 4050, 4060, 4100, 4120 4th Street and 4425, 4433,4441, 4707, 4715, 5121, 5131, 5141 University Avenue. k) Close Hearing - Rental License Revocation The Council closed the public hearing regarding the revocation or suspension of the rental license held by Yingheng Zhang regarding rental property at 4636 Washington Street in that the property is in compliance with the Housing Maintenance Code. REGULAR COUNCIL MEET1NG SEPTEMBER 28, 1998 PAGE 9 1) Resolution No. 98-85 Being a Resolution Approving Final Plans and Specifications The reading of the resolution was waived there being ample copies available for the public. RESOLUTION NO. 98-85 APPROVING PLANS AND SPECIFICATIONS AND ORDERING AN ADVERTISEMENT FOR BIDS FOR THE 1998 IMPROVEMENT PROGRAM PROJECT NO. 97-22 SULLIVAN LAKE SANITARY SEWER LIFT STATION WHEREAS on August 24, 1998, the City Council ordered the preparation of final plans and specifications for Project 97-22, and WHEREAS, funds for this project are identified through an MIF Grant and City Park Development Fund, WHEREAS, the Consulting Firm ofRLK Kuusisto, Inc. has prepared the plans and specifications for City Project 97-22. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA THAT: Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. The Clerk shall prepare and cause to be inserted in the official paper and the Construction Bulletin, an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published on October 1, 1998, in the Focus and October 2, 9, and 16, 1998 in the Construction Bulletin. The advertisement shall specify the work to be done; shall state that bids will be received until 2:00 p.m. on October 20 at which time they will be publicly opened at the Municipal Service Center, 637 38th Avenue N.E., by the City Engineer/Director of Public Works; will then be tabulated; and will be considered by the Council at 7:00 p.m. Monday, October 26, 1998 in the Council Chambers. REGULAR COUNCIL MEETING SEPTEMBER 28, 1998 PAGE 10 BE IT FURTHER RESOLVED THAT the Mayor and City Manager are authorized to execute the Agreement. Dated this 28th day of September, 1998. Offered by: Ruettimann Seconded by: Peterson Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CERTIFICATION State of Minnesota County of Anoka City of Columbia Heights ! hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the City Council of Columbia Heights at a meeting thereof held in the City of Columbia Heights, Minnesota, on the 28th day of September, 1998, as disclosed by the records of said City in my possession. Jo-Anne Student Deputy City Clerk m) Approval of Payment of Bills The Council approved the payment of the bills as listed out of proper funds. n) Approval of License Applications The Council approved the license applications as listed and approved the rental property license applications as noted in the memo dated September 14, 1998 from Fire Chief Kewatt. o) Establish Council Work Session Dates The Council established a Council work session for Wednesday, October 7, 1998 at 7:00 p.m. and established a joint budget session with the Library Board on October 6,1998 at 7:00 p.m. and with the Park and Recreation Commission on October 28, 1998 at 6:30 p.m. Councilmembers were requested to bring their calendars to the October 7th work session to establish dates for other budget meetings and a work session is necessary. REGULAR COUNCIL MEETING SEPTEMBER 28, 1998 PAGE 11 Roll call on consent agenda: All ayes Resolution No. 98-82 Being a Resolution Approving 1999 License Fee Schedule A resident had requested this item be removed from the Consent Agenda for discussion. He questioned the increase on some of the license fees. Motion by Sturdevant, second by Jolly to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 98-82 ADOPTING 1999 BUSINESS LICENSE FEES WHEREAS: Ordinance No. 853, City Code of 1977, pertaining to commercial licensing regulations provides for the establishing of annual license fees; and WHEREAS: The City has participated in a survey of metropolitan muicipalities regarding business license fees charged by other communities; and WHEREAS: The City is attempting to maintain business licenses which are comparable; and WHEREAS: The City annually reviews its business license fee schedule; NOW, THEREFORE, BE IT RESOLVED that the attached proposed license fee schedule be adopted and effective January 1, 1999. Passed this 28th day of September, 1998. Offered by: Sturdevant Seconded by: Ruettimann Roll call: All ayes Jo-Anne Student, Council Secretary Mayor Joseph Sturdevant REGULAR COUNCIL MEET1NG SEPTEMBER 28, 1998 PAGE 12 5. PROCLAMATIONS, INTRODUCTIONS, PRESENTATIONS AND GUESTS A) Acknowledgement of Columbia Heights Seniors - Senior Olympics Nineteen senior citizens from Columbia Heights participated in the Senior Olympics. They were successful in the competition by winning first and second place. 6. PUBLIC HEARINGS None 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions None B. Bid Considerations None C. Other Business 1) Traffic Study for Central Avenue Corridor From 37th to 40th Avenues A representative from BRW, the City's traffic consultant, reviewed the firm's findings regarding the traffic study for Central Avenue. He specifically reviewed the options for traffic control, movement of lane traffic going north on Central Avenue/Reservoir Boulevard, on-street parking, medians, turn lanes and traffic control. Some members of the City Council expressed their preferences for the options presented and stated their concerns regarding some of the recommendations. It was noted that no decisions nor choices must be made by the Council before the submission of the application to Mn/DOT for cooperative funding. The traffic study need only be accepted. There was a consensus on the Council to address common left turn lanes and the removal of center medians and to include this position in the motion. REGULAR COUNCIL MEET1NG SEPTEMBER 28, 1998 PAGE 13 Motion by Peterson, second by Sturdevant to accept the Traffic Study Report for Central Avenue Corridor from 37th to 40th Avenues prepared by BRW and authorize application to Mn/DOT for cooperative funding for Central Avenue improvements from 37th to 40th Avenues, as recommended in the report plus including removal of all center medians for the purpose of common left turn lanes. Roll call: All ayes 2) Recodification of City Code Motion by Peterson, second by Ruettimann to authorize staff to enter into a contract with the League of Minnesota Cities for the recodification and publication of the City Code based on their proposal dated August 4, 1998. Roll call: All ayes 3) Revenue from Sale of Sullivan Park Land to Medtronic A copy of Resolution No. 96-31 which addressed the purchase of property adjacent to the land being considered for a community center was distributed. Discussion centered on funds needed to proceed with the building of a community center. This item is being discussed at this time as there is an opportunity to apply for a grant from which funds could be used for the building of a community center. This is a matching grant situation which is two for one. The Mayor stated, while he supports the building of a community center, he needs more information regarding its funding sources. Motion by Peterson, second by Ruettimann to repay the Capital Improvements-Parks fund $80,198 from the land sale proceeds and to appropriate $279,750 from Sullivan Park land sale, and to appropriate $140,052 in General Fund undesignated fund balance, and to appropriate $80,198 from Capital Improvements - Parks fund balance for a total matching grant of $500,000 for a community center. Roll call: Szurek, Jolly, Ruettimann and Peterson - aye Sturdevant - abstain 8. ADMINISTRATIVE REPORTS A. Report of the City Manager No report B. Report of the City Attorney No report REGULAR COUNCIL MEET1NG SEPTEMBER 28, 1998 PAGE 14 9. GENERAL COUNCIL COMMUNICATIONS A. Minutes of Boards and Commissions Minutes for the following meetings were included in the agenda packet: September 1, 1998 Library Board of Trustees; September 17, 1998 Telecommunications Commission and the August 18, 1998 EDA. No Council action was required. 10. CITIZENS FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA Councilmember Jolly commented on his appreciation for the efforts of the Senior Citizen Coordinator and how so many benefit from these efforts. A resident inquired as to the accountability of the City Attorney. He was advised that the City Attorney reports to the City Council. It was noted that there was a poor turnout at a recent fundraising concert held in the Huset Park band shell. RECESS TO EXECUTIVE SESSION Motion by Ruettimann, second by Sturdevant to recess at 8:45 p.m. to an Executive Session to discuss Stark et al vs. MPRS Lawsuit and appoint Jo-Anne Student, Council Secretary, to keep a written report. Roll call: All ayes RECONVENE REGULAR COUNCIL MEETING Motion by Sturdevant, second by Szurek to reconvene the Regular Council Meeting at 8:58 p.m. from the Executive Session which was called to discuss Stark et al vs. MPRS Lawsuit with Jo-Anne Student, Council Secretary, keeping a written report. Roll call: All ayes 11. ADJOURNMENT Motion by Ruettimann, second by Szurek to adjourn the Council meeting at 9:00 p.m. Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary