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HomeMy WebLinkAboutDecember 22, 1997To: Columbia Heights City Council and City Manager: Residents of Columbia Heights request a moratorium on rezoning residential property in the City to business, commercial or industrial until both the completion of the Minnesota Design Team evaluation and approval of the revised Comprehensive Plan by the City of Columbia Heights. Residents of Columbia Heights OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING DECEMBER 22, 1997 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. PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO THE MEETING AGENDA Councilmem~er Ruettimann requested the following agenda items be moved from their place on the agenda and considered immediately by the Council: 7-A-2 - Resolution No. 97-79 Being a Resolution Establishing Compensation Rates - Volunteer Fire Division; 7-A-4 - Resolution No. 97-81 Being a Resolution Transferring Funds from the General Fund to the HRA for the Business Revolving Loan Fund; and, 7-A-5 - Resolution No. 97- 77 Being a Resolution Adopting a Budget for the Year 1998. A resident requested the Council consider a moratorium be placed on rezoning any residential property in the City. This item was placed on Other Business. Resolution No. 97-79 Beinq a Resolution Establishinq ComDensation Rates - Volunteer {Daid on-call) Fire Division The City Manager reviewed the resolution noting that he had concern with granting an automatic increase on an annual basis. Councilmember Jolly felt the issue should be reviewed annually and this should be added to the language of the resolution. He drafted the language to be included in the resolution regarding an annual review. Motion by Jolly, second by Ruettimann to waive the reading of the resolution with the amended language there being ample copies available for the public. Roll call: Ail ayes RESOLUTION NO. 97-79 BEING A RESOLUTION ESTABLISHING VARIOUS COMPENSATION P_ATES FOR THE COLUMBIA HEIGHTS FIRE DEPARTMENT VOLUNTEER (PAID ON-CALL) DIVISION REGA3JDING FIRE CALLS, ~STATION DUTY AND DRILLS REGULAR COLrNCIL MEETING DECEMBER 22, 1997 PAGE 2 Station Duty & Drills Fire Calls 1) Recruit Pay Step 1 Date of Appointment to Volunteer Division Through End of Year 5.00 6.00 Step II Start of 2nd Year Until Person Attains EMT Rating 5.50 7.00 Step III Attainment of EMT Rating Through Completion of 36 Months 6.50 8.50 2) Firefighter (Must be EMT Rated) 7.00 After 60 Months of Active Duty (From Date of Appointment to Volunteer Division) 9.50 3) Lieutenant 7.00 11.00 4) Captain 7.00 11.25 Adjustments effective January !, 1998. Thereafter, volunteer (paid on-call) firefighters wages to be reviewed annually on or about October 1st by the City Council. Passed this 22nd day of December, 1997. Offered by: Seconded by: Roll call: Jolly Ruettimann Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary Resolution No. 97-81 Beinq a Resolution Transferrinq Funds from the General Fund to the Housinq and RedeveloDment Authority for the Business Revo!vin~ Loan Fund Motion by Peterson, second by Ruettimann to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes REG~ COUNCIL MEETING DECEMBER 22, 1997 PAGE 3 RESOLUTION NO. 97-81 RESOLUTION TRANSFERRING FUNDS FROM THE GENERAL FUND TO THE HOUSING AND REDEVELOPMENT AUTHORITY FOR THE BUSINESS REVOLVING LOAN FUND WHEREAS, the Housing and Redevelopment Authority of the City of Columbia Heights established a Business Revolving Loan Fund in 1992. WHEREAS, a total of $117,500 in ~Housing and Redevelopment Authority money was appropriated to the Business Revolving Loan Fund, and WHEREAS, at the end of 1996 there was an operating deficit of $15,447 in the Housing and Redevelopment Authority, and an operating deficit of $32,750 in the Economic Development Authority, and ~ WHEREAS, it is the desire of the City Council to contribute funds to the initial set-up of the Business Revolving Loan Fund, NOW, THEREFORE, BE IT RESOLVED by the City of Columbia Heights that $50,000 be transferred from the City's General Fund Undesignated Fund Balance to the. Housing and Redevelopment Authority fund to be used a part of the initial start-up money of the Business Revolving Loan Fund, and to transfer $32,750 from the Housing and Redevelopment Authority t° the Economic Development Authority to cover the 1996 year-end deficit. Passed this 22nd day of December, 1997. Offered by: Seconded by: Roll call: Peterson Sturdevant All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary Resolution No. 97-77 Beinq a Resolution AdoDtinc a Budqet for the Year 1998 ~ The City Manager explained why the levl; increase was kept to the low figure of $43,000. REGULAR COUNCIL MEETING DECEMBER 22, 1997 PAGE 4 Motion by Peterson, second by Ruettimann to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 97-77 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA. HEIGHTS, MINNESOTA ADOPTING A BUDGET FOR THE YEAR 1998 AND SETTING THE TOTAL CITY LEVY COLLECTABLE FOR THE YEAR 1998 AND APPROVE THE HRA LEVY OF $72,192 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: that the following is hereby adopted by the City of Columbia Heights. Section A. The proposed budget for the City of Columbia Heights for the year 1998 is hereby approved and adopted with appropriations for each of the funds as listed below. Expense General Fund Community Development Admin. CDBG/HOME Parkview Villa North Parkview Villa South EDA Section 8 Housing Temp Housing/Vacant Land HRA Para Transit Fund State Aid Cable Television Library DARE Project Police Grant Fast Cops Project Pride Capital Improvements Fund MultiUse Redevelopment Infrastructure Capital Equipment Replacement Funds Central Garage Fund Liquor Fund Water Utility Fund Sewer Utility Fund Refuse Fund Water & Sewer Construction Energy Management 7,641,430 229,266 321,231 289,327 158,913 1,061,865 301,434 51,287 83,192 0 142,159 149,252 489,129 8,950 84,240 56,371 0 868,000 0 157,500 634,505 374,892 6,257,420 1,361,955 1,182,414 1,435,539 334.,000 332,541 REGULAR COUNCIL MEETING DECEMBER 22, 1997 PAGE 5 Data Processing Police/Fire Contingencies Reserve Debt Service Fund 153,213 125,000 2,401,910 Total Expense Including Interfund Transfers 26,686,935 Section B. The estimated gross revenue to fund the budget of the City of Columbia Heights for all funds, including general ad valorem tax levies, as hereinafter set forth for the year 1998: Revenue Available General Fund Community Development Admin. CDBG/HOME Parkview Villa North Parkview Villa South EDA Section 8 Housing Temp Housing/Vacant Land HRA Para Transit Fund State Aid Cable Television Fund Library DARE Project Police Grant Fast Cops Project Pride Capital Improvements Fund Mutt iUse Redeve 1 opment Infrastructure Capital Equipment Replacement Funds Central Garage Fund Liquor Fund Water Utility Fund Sewer Utility Fund Refuse Fund Water & Sewer Construction Energy Management Data Processing Police/Fire Contingencies Reserve Debt Service Fund 7,641,430 229,266 321,231 289,327 158,913 1,061,865 301,434 51,287 83,192 0 142,159 149,252 489,129 8,950 84,240 56,371 0 868,000 0 157,500 634,505 374,892 6,257,420 1,361,955 1,182,414 1,435,539 334,000 332,541 153,213 t25,000 2,401,910 REGULAR COUNCIL MEETING DECEMBER 22, 1997 PAGE 6 Total Revenue including Interfund Transfers 26,686,935 Section C. The following sums of money are levied for the current year, collectable in 1998, upon the taxable property in said City of Columbia Heights, for the following purposes: Area-Wide General Fund Levy Library Fund Levy EDA Levy Special Levy 847,632 1,745,372 443,145 99,000 66,285 Total Levy 3,201,434 Section D. The City Council of the City of Columbia Heights hereby approves the Housing and Redevelopment Authority Tax Levy for fiscal year 1998 in the amount of $72,192. The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Anoka County, Minnesota. Approved the 22nd day of December, 1997. Offered by: Seconded by: Roll call: Peterson Ruettimann All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary Councilmember Ruettimann left the meeting at 7:25 p.m. 4. CONSENT AGENDA Items on the Consent Agenda are considered to be routine by the City Council and are enacted as part of the Consent Agenda by one motion. A. Adoption of Consent Aqenda Motion by Peterson, second by Jones to approve the following items on the Consent Agenda: Approval of Council Minutes The Council approved the minutes of the December 8, Regular Council Meeting. 1997 REGULAR COUNCIL MEETING DECEMBER 22, 1997 PAGE 7 Establish Hearin~ Date for Rental Property License Revocation- Kelly, 5031 Jefferson Street The Council established a hearing date of January 12, 1998 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against the property at 5031 Jefferson Street owned by Lisa Kelly. Close Public Hearin~ Re: Rental Property at 4653 Tyler Street Owned by David Rust The Council closed the public hearing regarding the revocation or supsension of the rental license held by David Rust regarding rental property ~at 4653 Tyler Street in that the provisions of the Housing Maintenance Code have been complied with. Establish a Public Hearin~ to Consider Alley Li~htin~ The Council established January 12, 1998 at 7:00 p.m. as a public hearing for consideration of alley lighting between University Avenue service road and Fourth Street, 52nd Avenue to 53rd Avenue Northeast. Resolution No. 97-75 Estab!ishinq Senior Citizens or Retired and Disabled Persons Hardship Special Assessment Deferral The reading of the resolution was waived there being ample copies available for the public. RESOLUTION NO. 97-75 BEING A RESOLUTION ESTABLISHING SENIOR CITIZENS OR RETIREr AND DISABLED PERSONS HARDSHIP SPECIAL ASSESSMENT DEFERRAL Whereas, immediate payment of special assessments or installments on special assessments cast an undue hardship on some persons owning homestead properties who are 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make payments, and Whereas, Minnesota Statutes 435.193 - 435.t95 makes it possible for a home rule charter city to pass a resolution establishing standards and guidelines for determining the existence of a disability. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS: REGULAR COUNCIL MEETING DECEMBER 22, 1997 PAGE 8 o This deferral procedure shall apply only to assessments which are payable in five or more annual installments. This deferral procedure shall apply only to property owned and occupied by the elderly, retired, and disabled applicant. Ownership and occupancy must be of the same nature as would qualify the applicant for a homestead exemption for tax purposes. This deferral procedure shall apply only to homestead property owned by a person 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make payments. Permanent and total disability shall have the same definition for purposes of assessment deferral as is used for social security purposes. This deferral procedure shall not be construed as to prohibit the detemination of hardship on the basis of exceptional and unusual circumstances not covered by the standards and guidelines herein so long as determination is made in a nondiscriminatory manner and does not give the applicant an unreasonable preference or advantage over other applicants. In order to obtain a deferral of an assessment, the homeowner must make application on the forms prescribed by the City of Columbia Heights Assessment Clerk. In granting a deferred assessment, the Council shall determine in its resolution approving the assessment roll the amount of interest, if any, to be charged on the deferred assessment. The option of the homeowner to defer the payment of special assessments shall terminate and all amounts accumulated plus applicable interest shall become due and payable upon the occurrence of any of the following events: so the death of the owner, provided that the spouse is not otherwise eligible or benefits hereunder; the sale, transfer or subdivision of the property or any part thereof; if the property should for any reason lose its homestead status; or REGULAR COUNCIL MEETING DECEMBER 22, 1997 PAGE 9 if for any reason the City shall determine that there would be no hardship to require immediate or partial payment. No deferral may be granted unless the homeowner makes application to the City Assessment Clerk within thirty (30) days after adoption of the assessment by the Council. The deferral shall apply to only 50% of the annual installment payment. If the 50% is not paid in a timely manner, the balance of the annual installment along with all future installments shall become immediately due and payable. 10. No deferral shall be granted to any owner who has a gross annual household income from al! sources in excess of $16,800.00. !i. No deferral may be continued from year to year unless the owner shall file a renewal application before September 15th of each year. 12. No special assessment may be deferred for a period longer than the time set by the Council as the time over which the project is to be assessed. 13. Interest on deferred assessments shall be at the rate set by the Council in its resolution adopting the assessment roll, and such interest shall be added to the amount deferred and shall be paid in accordance with Minnesota Statute 435.195 and this resolution. Passed this 22nd day of December, 1997. Offered by: Seconded by: Roll call: Peterson Jones All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary Software Support A~reement with Business Records Corporation The Council authorized the Mayor and City Manager to enter into a three-year software support agreement with Business Records Corporation for maintenance of financial software packages at a cost not to exceed $24,!35, billed annually at $8,045 per year. REGULAR COUNCIL MEETING DECEMBER 22, 1997 PAGE 10 Resolution No. 97-76 Beinq a Resolution Increasinq Income Guidelines The reading of the resolution was waived there being ample copies available for the public. RESOLUTION NO. 97-76 RESOLUTION ESTABLISHING SENIOR CITIZEN ELIGIBILITY STANDARDS FOR REFUSE, SEWAGE DISPOSAL AND WATER SUPPLY UTILITY RATES WHEREAS, the City Council has previously established eligibility standards for senior citizens for refuse service, disposal, and water supply; and WHEREAS, it has been the City's practice to maintain uniform eligibility standards whenever possible; NOW, THEREFORE, BE IT RESOLVED by the City of Columbia Heights as follows: 1. That anyone over 62 years of age with a maximum household income of $16,800 will be eligible for reduced rates. BE IT FURTHER RESOLVED that the above eligibility standard be effective January 1, 1998. Passed this 22nd day of December, 1998. Offered by: Peterson Seconded by: Jones Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary Final Payment for 40th Avenue Street Liqhts - Project #9718 The Council approved accepting the work for Municipal Project #9718 (40th Avenue N.E. Replacement Lights) and authorized final payment of $17,500 to Heights Electric, Inc. of Columbia Heights, Mn. Purchase of Modems from COP'S '96 The Council authorized the purchase of four Motorola MDT radio/modems at a cost of $13,632 including tax. Funds to come from the COP'S "96 federal grant fund #227. REGULAR COUNCIL MEETING DECEMBER 22, 1997 PAGE 11 Final Payment for Sanitary Sewer Lininq The Council approved accepting the work for sanitary sewer lining, Municipal Project #9717 and authorized final payment of $23,505 to Visu-Sewer Clean and Seal, Inc. of Pewaukee, Wisconsin. Final Payment for Municipal Project #9700 (1997 Misc. Concrete) The Council approved accepting the work for Municipal Project #9700 (1997 Miscellaneous Concrete) and authorized final payment of $24,645.85 to Gunderson Brothers Company, Inc. of Minneapolis, Mn. First and Second Readin~ of Ordinance No. 1368 Bein~ an EmerGency Ordinance Reqardin~ Authorization of Councilmember to Represent the City Under Certain Conditions and Circumstances The reading of the ordinance was waived there being ample copies available for the public. ORDINANCE NO. 1368 BEING AN EMERGENCY ORDINANCE REGARDING AUTHORIZATION OF A COLUMBIA HEIGHTS CITY COUNCILMEMBER TO REPRESENT THE CITY WHEREAS: In the future, the Mayor may be unavailable because of health reasons; and WHEREAS: The business of the City includes signatures of the Mayor and City representatives for agreements, contracts and other documents; and WHEREAS: To facilitate the ease by which these signatures are obtained. NOW, THEREFORE, BE IT RESOLVED, that as long as there is a need, a member of the Columbia Heights City Council is authorized to sign documents for the City in a capacity similar to that of the Columbia Heights Mayor relative to City business. Adopted this 22nd day of December, 1997 REGULAR COUNCIL MEETING DECEMBER 22, 1997 PAGE 12 Effective I.~Lediately Offered by: Seconded by: Roll call: Peterson Jones All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary Payment of Bills The Council approved the payment of the bills as listed out of proper funds. ADDroval of Commercial License ADDlications/Denial of Taxicab Driver ADDlications/ADDroval of Premise Permit Renewal Applications The Council approved the commercial license applications as submitted by the Licensing Clerk. The Council denied the application of Gregory Ulrich Emond for a license to drive taxicab within the City of Columbia Heights during 1998. The Council denied the application of Anthony Williams for a 1998 license to drive a taxicab vehicle within the City of Columbia Heights. Jerome George Emond, an applicant for a taxicab driver license, was in attendance at the Council Meeting. He requested to be heard regarding the recommended denial of his application by the Police Captain. Mr. Emond stated his driving violations for the last year. He noted he had taken a Defensive Driver's Course and would be willing to take another. Discussion continued regarding the safety of his passengers and requirements to report his driving record on a regular basis. Motion by Jones, second by Peterson to approve the license application of Jerome George Emond to drive a taxicab within the City of Columbia Heights during the license year of 1998 with approval being conditioned upon the following: the licensee check with the Police Department monthly regarding his driving record; the licensee take another defensive driving course; the licensee report any (ticketed or tagged) driving violations to the Police Department immediately; and, the driving record of the licensee be evaluated by the Police Department after six months of its issuance. REGULAR COUNCIL MEETING DECEMBER 22, 1997 PAGE 13 Roll call: Jones, Peterson, Sturdevant - aye Jolly - nay The Council directed the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to the renewal of a Class B premise permit for VFW Post #230, 4444 Central Avenue Northeast, and the Council waived the remainder of the sixty day notice to the local governing board. The Council directed the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to the renewal of a Class B premise permit for VFW Post #230 in conjunction with activities at KJ's Cafe and Sports Bar, 4005 Central Avenue Northeast, and the City Council waived the remainder of the sixty day notice to the local governing board. Roll call on Consent Agenda: All ayes 5. RECOGNITION~ PROCLAMATIONS, PRESENTATIONS AND GUESTS The Mayor presented a plaque to Meg Jones in recognition of her two years of service on the City Council. 6. PUBLIC HEARINGS There were no public hearings. 7. ITEMS FOR CONSIDEP, ATION A. Other Ordinances and Resolutions 1) Resolution No. 97-78 Bein~ a Resolution Receiving Zone 3 Street Improvement Feasib!ity Report and Call for Public Hearing The Public Works Director reviewed all facets of the proposed street improvements for Zone 3. Counci!member Jolly suggested the unimproved alleys in the City should be addressed soon. The Public Works Director responded they will be considered in 1999. 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 REGULAR COUNCIL MEETING DECEMBER 22, 1997 PAGE 14 RESOLUTION NO. 97-78 BEING A RESOLUTION RECEIVING THE REPORT ON STREET IMPROVEMENTS IN ZONE 3 WITH COMPLETE RECONSTRUCTION, RECYCLED BASE ANDNEW SURFACE, AND MILLING AND OVERLAY AND CALLING FOR A HEARING ON SAID IMPROVEMENTS WHEREAS, pursuant to Resolutions 97-67, 97-68, and 97-69 adopted by the Council on November 24, 1997, a report has been prepared by Mr. Kevin Hansen, City Engineer, with the following improvements: Complete Reconstruction East Upland Crest: North Upland Crest to Fairway Drive Forest Drive: East Upland Crest to West Upland Crest Highland Place, East Upland Crest to West Upland Crest Recycled Base and New Bituminous Surface Ivanhoe Place: Maiden Lane to Cul-De-Sac Heights Drive: 45th Avenue to Fairway Drive Golf Place: Chatham Road to Heights Drive Mulcare Drive: Polk Place to Pierce Terrace Polk Place: Pierce Terrace to 50th Avenue Polk Circle: Polk Place to Cul-De-Sac Millinq and Bituminous Overlay Johnson Street: Innsbruck Parkway to Lincoln Terrace Lincoln Terrace: Pierce Terrace to Tyler Street Buchanan Place: Pierce Terrace to Fillmore Street 50th Avenue: Fillmore Street to Central Avenue Pierce Terrace: Polk Place to Municipal Boundary Molan Terrace: Lincoln Terrace to Cul-De-Sac Fillmore Street: Pierce Terrace to 49th Avenue Buchanan Street: Pierce Terrace to Municipal Boundary and this report was received by the Council on December 22, 1997 and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective and feasible, NOW, THEREFORE, BE IT RESOLVED that the Council will consider the improvement of such streets in accordance with the report and the assessment of abutting property (street feet) as well as non-abutting property on the closest intersecting street (avenue feet) for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $1,162,700. REGULAR COUNCIL MEETING DECEMBER 22, 1997 PAGE 15 AND BE IT FURTHER RESOLVED that a Public Hearing shall be held on such proposed improvements on the 27th day of January 1998 in the Council Chambers, 590 40th Avenue N.E. at 7:00 p.m. and the City Manager shall give mailed and published notice of such hearing and improvement as required by law. Dated this 22nd day of December, 1998. Offered by: Seconded by: Roll call: Sturdevant Peterson Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CERTIFICATION State of Minnesotas County of Anoka City of Columt>ia Heights I hereby certify that the foregoing Resolution is a true and correct copy cf 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 22nd day of December, 1997, as disclosed by the records of said City in my possession. Jo-Anne Student Deputy City Clerk 2) Resolution No. 97-80 Beinq a Resolution AuthorizinG the Rebudcetinc of $30,000 for Portable Aerators on LaBel!e Pond Councilmember Peterson viewed this rebudgeting as a "carryover" procedure. He recalled this practice as having been abandoned. The Finance Director advised him the practice had been stopped about six years ago. This rebudgeting was being viewed as being done on a very limited basis. Councilmember Jolly inquired about $80,000 which had been applied for on. a grant basis. The Mayor responded that it had not been approved but the City will re-apply. Motion by Peterson, second by Jones to waive the reading of the resolution there being .ample copies available for the public. Roi! call: Al! ayes REGULAR COUNCIL MEETING DECEMBER 22, 1997 PAGE 16 RESOLUTION NO. 97-80 BEING A RESOLUTION AMENDING 1998 BUDGET FOR CARRYOVER BE IT RESOLVED by the City Council of the City of Columbia Heights as follows: WHEREAS, the City Council of the City of Columbia Heights on December 22, 1997, passed Resolution No. 97-77 adopting a budget for 1998 and amending the budget for 1997; and WHEREAS, $30,000 for portable aerators on LaBelle Pond was projected to be expended in the 1997 budget will not be incurred until 1998, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the 1998 Capital Improvements - Park Budget be amended by the followin~ increase with the increase coming from the 1997 reserved and designated fund balance: Park Capital Improvement Fund $30,000 Passed this 22nd day of December, 1997. Offered by: Seconded by: Roll call: Peterson Jones All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary B. Bid Considerations None C. Other Business 1) Workers' ComDensation Insurance The Finance Director explained the City's experience with its workers' compensation carrier from the previous year. He noted that the quality of service from St. Paul Companies has been very favorable. There also have been significant premium decreases primarily due to improved experience in fewer workers' compensation claims. REGULAR COUNCIL MEETING DECEMBER 22, 1997 PAGE 17 Motion by Jones, second by Peterson to authorize the Mayor and City Manager to enter into an agreement with St. Paul Companies for workers' compensation coverage under the standard premium plan at a cost of $68,437. Roll call: Ail ayes 2) Extension of GIS Ranqe Rider Contract Motion by Jolly, second by Peterson to approve an extension to the GIS Joint Powers Agreement and authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: All ayes 3) Authorization to Purchase a 3/4 Ton 4 x 4 Pickup The Mayor recalled that the previous request to purchase this truck was refused. Counci!member Jolly felt the price was very good and that other uses for the truck could be found. He requested that future truck purchase requests have the history of repair and service data attached for the truck which is being replaced. Motion by Jolly, second by Peterson to authorize staff to purchase a 3/4 ton, 8,600 lb. GVW 4x4 pickup, equipped with a 7'6" Western Plow package off the 1998 Hennepin County Contract #4204A7, from Grossman Chevrolet with funds to be taken from the Capitol Equipment Replacement Fund 0431-43121- 5150 not to exceed $22,913.00 plus tax. Roll call: Jolly, Peterson - aye Jones, Sturdevant nay Motion fails. 4) ADDroval of ADDointments to the Youth Inititaive Commission Matt Linngren, the Commission Facilitator, advised that nineteen applications have been received. A meeting has been scheduled for January 6, 1998 at 7:00 in John P. Murzlrn Ha!l. At this point in time, no applications have been received from Immaculate Conception School. Counci!member Jolly will contact the Home and School Association at ICC. Motion by Jolly, second by Peterson to appoint the twelve applicants as noted on the attached list to serve on the Youth Initiative Commission. Roll call: All ayes REG~ COUNCIL MEETING DECEMBER 22, 1997 PAGE 18 The twelve commissioners and their grade levels are as follows: 7th grade, Sarah Dorff; 8th grade, Tammie McInnis and Sara Latzke, 9th grade, Josie Burmeister and Lindsey Burgoyne; 10th grade, Tim Wellman and Brad Worcester; llth grade, Melissa Ann Conard, Betsy Martin and Carissa Davidson; and, 12th grade, Jennifer Pajak and Nikki Wakal. 5) Moratorium Request The resident at 3741 Reservoir Boulevard presented a written request for a moratorium on rezoning residential property in the City to business, commercial or industrial. It was the desire of those supporting the request that this moratorium remain until the Minnesota Design Team evaluation had been completed and the City's Comprehensive Plan had been revised and approved. Councilmember Jolly questioned whether or not this request must be submitted to the Planning and Zoning Commission before any action can be taken. The City Attorney stated this is not a Charter requirement. The resident at 3927 Reservoir Boulevard acknowledged this moratorium request is specific to the rezoning request of the Conoco Station located on 37th and Central Avenues. She felt it could be delayed until the other factors mentioned, the Design Team and the Comprehensive Plan, had presented their findings and recommendations. Councilmember Jones questioned whether a six month delay would make a difference to the station project. Motion by Jones to request a moratorium on rezoning residential property in the City to business, commercial or industrial until the Minnesota Design Team evaluation has been completed. The City Attorney advised that a response from the City to the Conoco application must be received within sixty days. Their application for rezoning had been submitted on December 12, 1997. He felt the days had begun to toll as of that date. Councilmember Peterson stated he felt it was unfair to change the rules of the game after the game had started. He was referring to placing a moratorium on rezoning issues after such a rezoning request had been received. He inquired why the residents had waited to make this request. REGULAR COUNCIL MEETING DECEMBER 22, 1997 PAGE 19 The resident at 3741 Reservoir Boulevard had understood the owners of the Conoco Station intended to wait to make this request until later in the Spring. She also felt the residents in the area of the station should have been notified of the request. Staff felt that the timeframe of receiving the request (December 12, 1997) and the opportunity to advise residents was significantly short. The City Attorney advised the Council that it would not be in the best interest of the City to grant the moratorium. He stated the matter should go to the Planning and Zoning Commission so written Findings of Fact can be drafted if there is a need to ~ithstand a court challenge. Counci!member Jones withdrew her motion to moratorium on rezoning of residential property. request a Counci!member Jolly recalled that there were many special conditions placed on the project which were never addressed because the rezoning request had failed to pass. He felt these conditions would clearly protect the interests of the neighborhood. The resident at 3927 Reservoir Boulevard again stated that the area residents are not against the project but are opposed to the rezoning. Counci!member Peterson stated his recollection regarding following the Comprehensive Plan. His recollection is that the corner where the Conoco Station is located is marked on the plan for expansion into the residential area. Counci!member Jolly offered to speak to one of the station owners regarding delaying the project until after the Minnesota Design Team completes its work. The EDA Director advised he has spoken to one of the owners about a delay and it was rejected as was holding another informational meeting. The owner felt a delay would serve no useful purpose and he wanted the application to proceed. The resident at 1221 39th Avenue suggested that the Council had the authority to delay any rezoning if it so chose. She requested the City Attorney to review the timeframes for the project if it proceeds. Councilmember Jones requested the City Attorney to advise the property owners'opposed to the rezoning as to'how to proceed after the rez0ning ordinance is approved. REGULAR COUNCIL MEETING DECEMBER 22, 1997 PAGE 20 The City Attorney reviewed the process for an initiative petition, its presentation to the City Council and a referendum to the community as a whole. Councilmember Jolly still felt there would be a possibilty of delay and offered to address this issue in writing with one of the Conoco owners. Motion by Jolly to request Jeff Bahe to withdraw the rezoning application and delay the process until the Minnesota Design Team and consultants have finished their work. The City Attorney felt approval of this motion would be ill- advised in that it may suggest that some members of the Council had made up their minds on this matter without the appropriate process. Me stated that individual councilmembers can act but he did not recommend this action on behalf of the entire Council. Councilmember Jolly withdrew his motion. Discussion followed regarding how property owners in the area could be notified of any meetings which would include the matter of the Conoco rezoning. The EDA Director reviewed all of the measures which will be taken so notification can be done on a timely basis. 8. ADMINISTRATIVE REPORTS A. Report of the City Manaqer The City Manager advised that the Library roof is repaired. He also wished everyone happy holidays. B. Report of the City Attorney The City Attorney had nothing to report at this time. 9. GENERAL COUNCIL COMMUNICATIONS A. Minutes of Board and Commission Meetinqs Minutes of the following board and commission meetings were included in the agenda packet for the Council's information: 1) December 2, 1997 Library Board of Trustees 2) December 2, 1997 Planning and Zoning Commission 3) November 18, 1997 Economic Development Authority REGULAR COUNCIL MEETING DECEMBER 22, 1997 PAGE 21 10. CITIZENS FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA The resident at 3809 Reservoir Boulevard inquired if there are any problems with lead in the City's water. He referred to an insert in his utility bill which mentioned the lead content in water. Councitmember Jolly advised residents to let their water tap run for a brief time before using the water. The potential for problems is with the piping into the house not with the water itself. He referred any residents with questions to contact the Public Works Department Superintendent for additional information. 11. AIDJOLrR_NrMENT Motion by Peterson, second by Jones to adjourn the meeting at !0:i0 p.m. Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary