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November 25, 1996 Regular
CITY OF COLUMBIA HEIGHTS :~90 40TH AVENUE N,E:., COLUMBIA HEIGHTS, MN ,5~4~ 1-$878 (612.) '782.-2-800 TDD 782-;~806 ADMINISTRATION November 21, 1996 Mayor Joseph Sfurdevant Councilmernbers Donald G. Jolly Meg Jones Gary L. Peterson City Manager Waiter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, November 25, 1996, in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in ail City of Columbia Heights' services, programs, and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, Extension 209, to make arrangements. (TDD/782-2806 for deaf only) 1. CALL TO ORDER/ROLL CALL (Commencement of Cablecasting of Regular Meeting on Television.) 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum, or items submitted after the agenda preparation deadline.) 4. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as next order of business.) A. Move to adopt the consent agenda items as listed below: 1) Adopt Council Minutes MOTION: Move to adopt the Regular City Council Meeting Minutes of November 12, 1996. 2) Establish a Public Hearing to Consider Alley Lighting MOTION: Move to establish December 23, 1996, 7:00 P.M. as a Public Hearing for consideration of alley lighting between Reservoir Boulevard and Tyler Street, 39th Avenue to 40th Avenue. 3) Adopt City's Master Plan for Snowplowing, Removal, and Ice Control MOTION: Move to adopt the Columbia Heights Master Plan for snowplowing, removal, and ice control. 4) Adopt 1997-1998 Teamsters Labor Agreement-Police Sergeants MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. MOTION: Move to adopt Resolution 96- , regarding the Labor Agreement between the City of Columbia Heights and the Teamsters, Local 320-Police Sergeants, effective January 1, 1997 - December 31, 1998. 5) Adopt 1997-1998 Teamsters Labor Agreement - Police Officers MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS O"F DISABILITY IN EMPLOYMENT OR THE PROVISION OF' SERVICES EQUAL OPPORTUNITY EMPLOYER CITY COUNCIL AGENDA FOR NOVEMBER 25, 1996, MEETING PAGE 2 6) 7) 8) 9) 10) 11) 12) MOTION: Move to adopt Resolution 96- , regarding the Labor Agreement between the City of Columbia Heights and the Teamsters, Local 320-Police Officers, effective January 1, 1997 - December 31, 1998. Adopt 1997-1998 AFSCME Labor Agreement MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. MOTION: Move to adopt Resolution 96- , regarding the Labor Agreement between the City of Columbia Heights and the American Federation of State, County, and Municipal Employees, effective January 1, 1997- December 31, 1998. MOTION: Move to authorize the Mayor and City Manager to execute the necessary documents with Standard Insurance of Portland for long term disability insurance for the full-time Clerical/Technical employees represented by AFSCME. MOTION: Move to authorize the Mayor and City Manager to execute the necessary documents with Prudential Life Insurance to provide for $10,000 basic life insurance for the full-time clerical/technical employees represented by AFSCME. Approve Amended SRA Joint Powers Agreement and Bylaws MOTION: Move to approve the amended Joint Cooperative Powers Agreement and the Bylaws of Suburban Rate Authority as presented; and furthermore, to authorize the Mayor and City Manager to enter into the agreement. Establish Work Session Date for December MOTION: Move to establish Monday, December 16, 1996, at 7 P.M. as a City Council Work Session date for December. Adopt Resolution 96- , Resolution Appropriating Fund Balances for Capital Improvements (Reassigning Expenditures for Optical Scanning Software, Computer Equipment, and Cabling to the Cable Television Fund) RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt Resolution 96- , Resolution of the City Council of the City of Columbia Heights Appropriating Fund Balances for Capital Improvements. Approve Amendment to GIS Range Rider Program Contract Between the Cities of Fridley/Columbia Heights/Andover MOTION: Move to authorize a change of fiscal agent to the inter-local agreement for GIS services approved on October 28th, 1996, with the cities of Andover and Fridley. Accept Donation from VFW Post #230 MOTION: Move to accept a donation of $75.00 from the local VFW Post #230 to be used toward the purchase of paint brushes, drop cloths, paint, and other items required in the graffiti clean up program. Authorize Staff to Seek Bids for Recycling Center MOTION: Move to authorize staff to seek bids for the installation of concrete flooring in the new cold storage building. CITY COUNCIL AGENDA FOR NOVEMBER 25, 1996, MEETING PAGE 3 WWREVISED PAGEww 13) 14) Approve Payment of Bills MOTION: Move to pay the bills as listed out of proper funds. Approve Licenses MOTION: Move to approve the 1996 license applications as listed upon payment of proper fees. o RECOGNITION, PROCLAMATIONS, PRESENTATIONS, GUESTS A. Recognition of Charter Commission Member Steve Mihalchick B. Recognition of Charter Commission Member Ken Kronstedt C. Values First Presentation 6. PUBLIC HEARINGS First Reading of Ordinance No. 1338, Ordinance Pertaining to General Provisions of the Personnel Policy RECOMMENDED MOTION: Move to waive the reading of the ordinance, there being ample copies available to the public. RECOMMENDED MOTION: Move to schedule the second reading of Ordinance No. 1338 for December 2, 1996, at approximately 7 p.m. B° Second Reading of Ordinance No. 1334, Pertaining to Garbage, Rubbish & Recyclable Materials RECOMMENDED MOTION: Move to waive the reading of the ordinance, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Ordinance 1334, Pertaining to Garbage, Rubbish and Recyclables. Second Reading of Ordinance No. 1328, Pertaining to Abandonment of the City Charter MOTION: Move to waive the reading of the ordinance, there being ample copies available to the public. MOTION: Move to adopt Ordinance No. 1328, an Ordinance calling for the abandonment of the City Charter. (NOTE: Per past discussions, the City Council is advised to vote "NO" on this motion to put this item to rest.) 7. ITEMS FOR CONSIDERATION A. Other Resolutions/Ordinances B. Bid Considerations C. Other Business CiTY COUNCIL AGENDA FOP, NOVEMBER 25, 1996, MEETING 13) 14) Approve Payment of Bills MOTION: Move to pay the bills as listed out of proper funds. Approve Licenses MOTION: Move to approve the 1996 license applications as listed upon payment of proper fees. RECOGNITION, PROCLAMATIONS, PRESENTATIONS, GUESTS A. Recognition of Charter Commission Member Steve Mihalchick B. Recognition of Charter Commission Member Ken Kronstedt C. Values First Presentation 6. PUBLIC HEARINGS First Reading of Ordinance No. 1338, Ordinance Pertaining to General Provisions of the Personnel Policy RECOMMENDED MOTION: Move to waive the reading of the ordinance, there being ample copies available to the public. RECOMMENDED MOTION: Move to schedule the second reading of Ordinance No. 1338 for December 2, 1996, at approximately 7 p.m. Second Reading of Ordinance No. 1334, Pertaining to Garbage, Rubbish & Recyclable Materials RECOMMENDED MOTION: Move to waive the reading of the ordinance, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Ordinance 1334, Pertaining to Garbage, Rubbish and Recyclables. Second Reading of Ordinance No. 1328, Pertaining to Abandonment of the City Charter MOTION: Move to waive the reading of the ordinance, there being ample copies available to the public. MOTION: Move to adopt Ordinance No. 1328, an Ordinance calling for the abandonment of the City Council. (NOTE: Per past discussions, the City Council is advised to vote "NO" on this motion to put this item to rest.) 7. ITEMS FOR CONSIDERATION A. Other Resolutions/Ordinances B. Bid Considerations C. Other Business CITY COUNCIL AGENDA FOR NOVEMBER 25, 1996, MEETING PAGE 4 8. ADMINISTRATIVE REPORTS A. Report of the City Manager B. Report of the City Attorney GENERAL COUNCIL COMMUNICATIONS A. Minutes of the October 17, 1996, Charter Commission Meeting B. Other Communications 10. CITIZEN FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA (At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. The citizen is requested to limit their comments to five minutes. Please note, the public may address the Council regarding specific agenda items at the time the item is being discussed.) 11. ADJOURNMENT Walter R. Fehst, City Manager OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING NOVEMBER 12, 1996 CALL TO ORQER/ROLL CALL Mayor Sturdevant called the 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 THE MEETING AGENDA The city Manager advised of the addition of 6-I which was the second reading of Ordinance No. 1336, the conveyance of certain real estate and the addition of 7-C-1 being the sale of forfeit land. CONSENT AGENDA Motion by Peterson, second by Ruettimann consent agenda items as listed below: to approve the Adopt Council Minutes The Council adopted the minutes of the regular Council Meeting as presented. October 28, 1996 Establish Hearing Date for License Revocation. Rental The Council established a hearing date of December 2, 1996 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against Kurt Loewenthal (1407 Circle Terrace), Kunal Kamran (2215 45th Avenue), and Alexander Cajucom (4506 Fillmore Street) regarding their rental property. Authorize Final Pa_vment for Establishing LaBelle Park East Property Line The Council accepted the work establishing LaBelle Park East property line and authorized final payment of $3~500 to Egan, Field and Nowak, Inc. Authorize Final Payment for Mill Street Reconstruction ~ Municipal Project #9229 The Council accepted the work for Mill Street Reconstruction, Municipal Project #9229 and authorized payment of $34,915.54 to Driveway Design, Inc. of Plymouth, Minnesota. REGULAR COUNCIL MEETING NOVEMBER 12, 1996 PAGE 2 Authorize Final Payment for Re-roof of Prestemon Park Building Project #9604 The Council accepted the work for Municipal Project #9604, re- roof of Prestemon Park Building and authorized final payment of $4,776 to Milton Johnson Roofing of Minneapolis, Minnesota. Approve Site Lease Agreement with APT for Parkview Villa North The Council approved the Site Lease Agreement between the Columbia Heights Economic Development Authority and American Portable Telecom (APT) Minneapolis, Inc. in order to install directional antennas and equipment on Parkview Villa North. Approve Conditional Use Permit. Don's Auto Wash. 4423 Central Avenue. Case #9611-51 The Council approved the request for the conditional use permit for 4423 Central Avenue to allow an 8' x 10' accessory structure as all zoning requirements being met. Approve Conditional Use Permit. TEAMS Emplorer Post #2600. Keith Haskell. 4300 Central Avenue. Case #9611-52 The Council approved the conditional use permit for Keith Haskell and TEAMS Emplorer Post #2600 to allow the operation of a Christmas tree lot at 4300 Central Avenue from November 29, 1996 through December 24, 1996 provided the proper city license is obtained prior to the operation and that a $200 clean-up deposit is submitted to the License/Permit Clerk prior to the license being issued. Appoint Councilmembers Jolly and Jones to an Ad Hoc Committee The Council appointed Councilmembers Don Jolly and Meg Jones to a joint School District/City Council Ad Hoc Youth Initiative Committee and appointed Mayor Joe Sturdevant to be an alternate member to the Committee. City staff was also directed to contact the School Board Administration to set up a first meeting to discuss future meetings. Approve Payment of Bills The Council approved the payment of the bills as listed out of proper funds. Approve License ApplicatioD$ The Council approved the rental housing licenses as stated on the November 12, 1996 memo from Lowell DeMars. Roll call: Ail ayes ~REGULAR COUNCIL MEETING NOVEMBER 12, 1996 PAGE 3 RECOGNITION. PROCI2~MATIONS. PRESENTATIONS. GUESTS A. Introduction of New Employee Police Chief Johnson introduced Mary Vawracz who recently accepted the position of Secretary ll-A in the Police Department. B. proclamation Mayor Sturdevant read a proclamation designating November as Epilepsy Month in the City of Columbia Heights. He presented the proclamation to Doug Hill, a resident of the City and a representative of the Epilepsy Foundation. PUBLIC HEARINGS A. License Revocation/Suspension Hearing on a License to Operate a Rental Property Within the City of Columbia Heights Held by Isle Schlachtenhaufen (4838 West Upland Crest). Anthony J. Sherman (3926 Ulysses Street%. Jean J. Free (3817 Hayes Street%. Jonathan Deal (4307 Seventh Street and 4701 Fifth Street~. David W. Fischer (4657 Fifth Street~ and Gary R. Stockwell (638 5tst Avenue] Motion by Ruettimann, second by Jones to close the public hearing regarding the revocation or suspension of the rental license held by the above-named property owners regarding their rental property in that the property owners have all complied with provisions of the Housing Maintenance Code. Roll call: All ayes B. License Revocation/Suspension Hearing on a License to Operate.a Rental ProDerty Within the City of Columbia Heights Against Lisa Kelly Regarding Rental Property at 5031 Jefferson Street - Resolution No. 96-67 Motion by Jolly, second Ruettimann to close the public hearing regarding the revocation or suspension of the rental license held by Lisa Kelly regarding rental property at 5031 Jefferson Street in that the provisions of the Housing Maintenance Code have been complied with and take no action on Resolution No. 96-67. Roll call: All ayes C. License Revo~ation/SuspensiQD H~ri~g on a License to Operate a Rental Property Within the City of Columbia Heights Against Carrie J. Herkal Regardina Rental Property at 1161 Che~ry Lane REGULAR COUNCIL MEETING NOVEMBER 12, 1996 PAGE 4 Motion by Jones, second by S~urdevant to close the public hearing regarding the revocation or suspension of the rental license held by Carrie J. Herkal regarding rental property at 1161 Cheery Lane in that the provisions of the Housing Maintenance Code have been complied with. Roll call: All ayes D. License Revocation/Suspension Hearing on a License to Qperate a Rental Property Within the City of Columbia Heights Against Richard A. Nye Regarding Rental Property at 1162 Cheery Lane Motion by Peterson, second by Jones to close the public hearing regarding the revocation or suspension of the rental license held by Richard A. Nye regarding rental property at 1162 Cheery Lane in that the provisions of the Housing Maintenance Code have been complied with. Roll call: All ayes E. License Revocation/Suspension Hearing on a License to Operate a Rental Property Within the City of Columbia Heights Against Kurtis R. Kiel Regarding Rental Property at 561 51st Avenue - Resolution No. 96-68 Motion by Ruettimann, second by Peterson to close the public hearing regarding the revocation or suspension of the rental license held by Kurtis R. Kiel regarding rental property at 561 51st Avenue in that the provisions of the Housing Maintenance Code have been complied with and take no action on Resolution No. 96-68. Roll call: All ayes F. License Revocation/Suspension Hearing on a License to Operate a Rental Property Within'the City of Columbia Heights Against Catherine Stephenson Regarding Rental Property at 1439 42nd Avenue Motion by Sturdevant, second by Jolly to close the public hearing regarding the revocation or suspension of the rental license held byCatherine Stephenson regarding rental property at 1439 42nd Avenue in that the property is in foreclosure and is currently vacant. Roll call: All ayes G. Second Reading of Ordinance No. 1335 Pertainin~ to Fences and Retaining Walls Construction 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 REGULAR COUNCIL MEETING NOVEMBER 12, 1996 PAGE 5 The City Manager advised of the changes in the ordinance which were made since the first reading. The City Attorney stated that the changes made were for clarification and did not substantially alter the ordinance. The changes would not necessitate another first reading. ORDINANCE NO.1335 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AND PERTAINING TO CONSTRUCTION OF FENCES AND RETAINING WALLS The City of Columbia Heights does ordain: 6.401 (1) No person, firm, partnership or corporation shall construct, or cause to be constructed, or erected within the City any fence without securing a permit therefor from the Building Inspector who shall require submission of an application prior to issuance of a permit. 6.401 (2) For purposes of this section, the following words shall have the meaning ascribed to them: (a) A fence is any partition, structure, wall or gate erected as a dividing marker, barrier, or enclosure of a permanent nature. (b) A privacy fence is a fence more than 42 inches in height which is constructed in a manner so as to completely obstruct view from the property on which the fence is located to the property immediately adjacent and on the opposite side of such fence. 6.401 (3) The written application shall be submitted to the Building Inspector setting forth the type of fence proposed, the materials to be used therefor, the height of the proposed fence, and the exact location of the proposed fence. 6.401 (4) Ail boundary line fences shall be located entirely upon the private property of the person, firm or corporation constructing or causing the construction of such fence unless the owner of the adjoining property agrees in writing that such a fence may be erected on the division line of the respective properties. A copy of the written agreement shall be filed with the application for permit. In the case of a property line dispute, the Building Inspector may require the owner of the property upon which a fence now exists to cause to establish a boundary line of his property by survey thereof NOVEMBER 12, 1996 PAGE 6 to be made by a registered land surveyor. The Building Inspector may similarly require any applicant for a fence permit to obtain a similar survey. However, the Building Inspector shall not become an arbitrator of boundary disputes between private persons. 6.402 (1) Fences, free standing walls, and retaining walls shall be constructed in a substantial and workmanlike manner to withstand conditions of soil, weather and use, and of substantial material reasonably suited to the purpose for which the fence, free standing wall or retaining wall is proposed to be used.. No previously used materials such as old barn boards or railroad ties may be used in any fence, free standing wall or retaining wall within the City; provided, however, that such materials may be used below the fill line in retaining walls, free standing walls or other fences that are partially below ground. Minimum standards for construction of fences, free standing walls and retaining wall shall be prescribed hereinafter. 6.402 (2) The woven wire fence type shall be constructed in the following manner: (a) The fence shall be of a chain link type. (b) The fence shall be a minimum of eleven (11) gauge steel, with a two-inch maximum mesh. (c) The fence shall be constructed with fabric on the outside so that the unfinished side, if any, faces the property on which the fence is constructed. (d) The fabric shall have the knuckles up and the cut edge down. (e) Materials are required to be of a hot dipped galvanized nature or equal. (f) There shall be no greater that ten feet lineal distance between posts. 6.402 (3) The alternating board type (vertical, horizontal, or louver) shall be constructed in the following manner: (a) Boards of a dimension less than 13/16" by less that 3-1/4" will be prohibited. (b) Fences constructed of materials'6ther than tamarack, cedar, cypress, or redwood will be treated with a weather preservative. REGULAR COUNCIL MEETING NOVEMBER 12, 1996 PAGE 7 (C) The minimum post dimensions required are 3-1/4" by 3- 1/4". (d) No greater than eight (8) feet will be allowed for post spacing. (e) Fastening nails shall be two and one-half (2-1/2) inches long and other hardware shall be aluminum alloy or hot dipped galvanized or equal. (f) Fastenings made of corrosive metal shall not be used. (g) The fence shall be constructed with the supporting posts on the inside, when possible, so that the finished side does not face the property on which the fence is constructed. 6.402 (4) Retaining walls or free standing walls shall be constructed in the following manner: (a) Retaining walls and cribbing shall be used to stabilize steep slopes or prevent erosion. (b) They shall be designed in accordance with sound engineering practice. (c) Cribbed slopes shall be appropriately planted if open faced cribbing is used. (d) Ail walls, block or stone, shall be placed in four (4) inch concrete footing. The width shall be determined by the height of the wall. (e) The face of the wall shall be slanted back by no less than a 3 degree angle. (f) Drains shall be placed in walls made of blocks or poured concrete at such levels as are determined by the Building Official. The Building Official shall also determine the number and distance between such drains. (g) The retaining wall or free standing wall shall be constructed with supporting posts and footings on the inside of the wall so that the finished side does not face the property on which the fence is constructed. REGULAR COUNCIL MEETING NOVEMBER 12, 1996 PAGE 8 (h) With regard to measuring the permissible height of fences which consist of or include retaining walls, terracing may not be used as a device to exceed the height limitations of this chapter. In the case of. terraced walls or fences, each span of such terraced wall or fence will be added to the height of the lowest span of wall or fence to the extent that it exceeds the said lowest span for purposes of determining the height of a wall or fence under this chapter and the said total of those measurements shall be considered as the height of a single fence or wall hereunder. 6.403 (1) Barbed wire fences shall not be permitted, used or constructed except in industrial districts and upon property used for public purposes. Every fence so constructed under this section and any fence existing at the time of the passage of this section shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair or dangerous. Any property owner who receives notice from the Building Official that his fence is in a state of disrepair or is dangerous shall repair said fence within thirty (30) days after receipt of written notice to abate said condition by the Building Official. 6.403 (3) A privacy fence may be constructed only if: (a) Ail property owners abutting said fence present a written agreement consenting to the approval of the same. (b) Any such fence to be constructed or maintained in the front yard of any corner lot will not obstruct vision from the adjacent streets of traffic approaching within thirty (30) feet as measured from the center of the adjacent intersection. The Building Official shall determine the maximum allowable height for fences on a corner lot in accordance with his personal observations and findings relating to visibility. (c) Any such fence will not be more than 42 inches high if constructed or maintained as follows: 1. In any front yard or near the side lot line of the property upon which such fence is to be constructed. REGULAR COUNCIL MEETING NOVEMBER 12, 1996 PAGE 9 2. At any point which lies in the front and or to the side of any house built on property adjacent to the property upon which such fence is to be constructed. 3. At any point which lies in front and or to the side of any house on the lot upon which such fence is to be constructed. 6.403 (4) Fences for special purposes and fences differing in construction, height or length may be permitted in any district in the City by the issuance of a special fence permit recommended by the Planning and Zoning Commission and approved by the Council upon proof and reasons submitted by the applicant and upon showing by said bodies that such special fence is necessary to protect, buffer, or improve the premises for which such fence is intended. Notice of any application for any special purpose fence shall, before consideration thereof, first be served upon all abutting properties of such applicant with proof of service filed with the Planning and Zoning Commission. Such special fence permit, if issued, may stipulate and provide for the height, location, construction and type of special fence thereby permitted. is hereby amended to read as follows: 6.401 (1) No person, firm, partnership or corporation shall construct, or cause to be constructed, or erected within the City any fence, (six) 6 feet or higher, without securing a permit therefore from the Building Inspector who shall require submission of an application prior to issuance of a permit. 6.401 (2) For purposes of this section, the following words shall have the meaning ascribed to them: (a) A fence is any partition, structure, wall or gate erected as a dividing marker, barrier, or enclosure of a permanent nature. (b) A privacy fence is a fence more than forty-two (42) inches in height which is constructed in a manner so as to completely obstruct view from the property on which the fence is located to the property immediately adjacent and on the opposite side of such fence. (c) Front yard is any portion within the front yard setback. REGULAR COUNCIL MEETING NOVEMBER 12, 1996 PAGE 10 6401 (3) The written application shall be submitted to the Building Inspector setting forth the type of fence proposed, the materials to be used therefor, the height of the proposed fence, and the exact location of the proposed fence. 6.401 (4) Ail boundary line fences shall be located entirely upon the private property of the person, firm or corporation constructing or causing the construction of such fence unless the owner of the adjoining property agrees in writing that such a fence may be erected on the division line of the respective properties. ~e-~e~-~i~h-~~l~~n-~%ot~~. In the case of a property line dispute, the Building Inspector may require the owner of the property upon which a fence now exists to cause to establish a boundary line of his/her property by survey thereof to be made by a registered land surveyor. The Building Inspector may similarly require any applicant for a fence permit to obtain a similar survey. However, the Building Inspector shall not become an arbitrator of boundary disputes between private persons. 6.402 (1) Fences, free standing walls, and retaining walls shall be constructed in a substantial and workmanlike manner to withstand conditions of soil, weather and use, and of substantial material reasonably suited to the purpose for which the fence, free standing wall or retaining wall is proposed to be used. No previously used materials such as old barn boards or railroad ties may be used in any fence, free standing wall or retaining wall within the City. ~v~e~7 e~e--~t~f~--be~w--~3t~n~. Minimum standards for construction of fences, free standing walls and retaining walls shall be prescribed hereinafter. 6.402 (2) Ail fences shall be constructed of the following approved fencing materials: (a) Galvanized or vinyl coated woven fabric minimum eleven and one-half (11-1/2) gauge, with two (2) inch ~aximum mesh, with knuckles up and cut edge down. (b) Approved vinyl fencing materials. (c) Treated wood or wood of natural ~aterials resistant to decay. REGULAR CouNCIL MEETING NOVEMBER 12, 1996 PAGE 11 6.402 (3) All fences shall be constructed with the posts on the inside of the fence with the finished side facing the adjacent properties. 6.402 (4) Retaining walls or free standing walls shall be constructed in the following manner: (a) Retaining walls and cribbing shall be used to stabilize steep slopes or prevent erosion. (b) They shall be designed in accordance with sound engineering practice; including, but not limited to, a minimum four (4) inch concrete footing of appropriate width and drains of appropriate type, size and spacing. (c) Cribbed slopes shall be appropriately planted if open faced cribbing is used. (d) The retaining wall or free standing wall shall be constructed in a manner that presents a finished appearance to the adjoining property where applicable w~h-s~e~-~es~s-a~-~ee~s-e~-~he-~s~e-e~-~he (h) With regard to measuring the permissible height of fences which consist of or include retaining walls, terracing may not be used as a device to exceed the height limitations of this Chapter. In the case of terraced walls or fences, each terraced wall or fence will be added to the height of the lowest span of wall or fence, to the extent that it exceeds the said lowest span for purposes of determining the height of a wall or fence under this Chapter, and the said total of those measurements shall be considered as the height of a single fence or wall hereunder. 6.403 (1) Barbed wire fences shall not be permitted, used or constructed except in industrial districts and upon property used for public purposes. Every fence so constructed under this Section and any fence existing at the time of the passage of this Section shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condi{ion of disrepair or dangerous. REGULAR COUNCIL MEETING NOVEMBER 12, 1996 PAGE 12 Any property owner who receives notice from the Building Official that his/her fence is in a state of disrepair or is dangerous shall repair said fence within thirty (30) days after receipt of written notice to abate said condition by the Building Official. 6.403 (3) A six (6) foot or higher privacy fence may be constructed only if: (a) All property owners abutting said fence present a written agreement consenting to the approval of the same at time of submitting an application. (b) Any such fence to be constructed or maintained in the front yard of any corner lot will not obstruct vision from the adjacent streets of traffic approaching within thirty (30) feet as measured from the center of the adjacent intersection. The Building Official shall determine the maximum allowable height for fences on a corner lot in accordance with his personal observations and findings relating to visibility. , 6.403 (4) (C) A~y such fence will not be more than forty-two (42) inches high if constructed anywhere within the front yard setback areas and/or if a corner lot, within the side yard setback areas on the corner side. 6.403 (5) Fences for special purposes and fences differing in construction, height or length may be permitted in any district in the City by the issuance of a special fence permit recommended by the Planning and Zoning Commission and approved by the Council upon proof and reasons submitted by the applicant and upon showing to said bodies that such special fence is necessary to protect, buffer, or improve the premises for which such fence is intended. Notice of any application for any special purpose fence shall, before consideration thereof, first be served upon all abutting properties of such applicant with proof of service filed with the Planning and Zoning Commission. Such special fence permit, if issued, may stipulate and provide for the height, location, construction and type of special fence thereby permitted. This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. Offered by: Seconded by: Roll Call: Peterson Ruettimann Ail ayes REGULAR COUNCIL MEETING NOVEMBER 12, 1996 PAGE 13 First Reading: Second Reading: Date of Passage: October 28, 1996 November 12, 1996 November 12, 1996 Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary H. First Reading of Ordinance No. 1334 Being an Ordinance Pertaining to Garbage. Rubbish and Recyclable Materials The City Manager advised that the reason for this ordinance is to formalize what is the practice regarding curbside pick up of yard waste and to change the definition of "yard waste." Councilmember Jolly mentioned the size of the can liners as stated in the ordinance. He felt some residents used larger can liners than is state in the ordinance. Motion by Ruettimann, second by Peterson to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NOo 1334 BEING AN ORDINANCE AMENDING NO. 853, CITY CODE OF 1977 AND PERTAINING TO GARBAGE, RUBBISH AND RECYCLABLE MATERIAL The City of Columbia Heights does ordain: Section 1: Section 8.301 (1) d of Ordinance 853, City Code of 1977, which currently reads as follows, to wit: 8.301(1)(d) "Yard Waste" shall mean grass, clippings, leaves, weeds, garden waster, and soft bodied green herbaceous material under one inch (1") in diameter. is hereby a~ended to read as follows: 8.301(1)(d) "Yard Waste" shall mean grass, clippings, leaves, weeds, garden m~e~-~m~e~-e~e-i~%q~-6{-~~i~eee~., twigs and branches less than 4" in diameter. REGULAR COUNCIL MEETING NOVEMBER 12, 1996 PAGE 14 Section 2: Section 8.301 (4) of Ordinance 853, City Code of 1977, which currently reads as follows, to wit: 8.301(4) Ail accumulations of garbage, rubbish and yard waste must be deposited and contained within the containers as provided in this section, except that: (a) tree limbs with diameters of less than four inches (4") and lengths of less than four feet (4') tied into bundles, said bundles not exceeding eighteen inches (18") in diameter; (b) leaves, grass or rubbish in waterproof containers (no larger than permitted 30 gallon garbage can liner size), not exceeding thirty-five pounds (35 lbs.) in weight; (c) Bundles of newspapers and magazines tied securely and weighing less than thirty-five pounds (35 lbs.); (d) Christmas trees up to six feet (6') in length (during January); (e) small household items including small appliances, tools and articles of furniture weighing less than thirty-five pounds (35 lbs.); (f) yard waste in plastic and paper biodegradable bags (no larger than permitted 30 gallon garbage can liner size), not exceeding thirty-five pounds (35 lbs.), or a permanent ventilated thirty-two (32) gallon fly tight metal or thermoplastic container weighing no more than seventy-five pounds (75 lbs) with handles; and (g) stone, sod, earth, concrete, and building materials resulting from repairs and minor remodeling of the residence on the property at which these materials have been placed along with carpeting, carpet padding, mattresses, chairs, couches, tables and other such items of furniture; is hereby amended to read as follows: 8.301(4) Ail accumulations of garbage, rubbish and yard waste must be deposited and contained within the containers as provided in this section, except that: REGULAR COUNCIL MEETING NOVEMBER 12, 1996 PAGE 15 (a) tree limbs with diameters of less than four inches (4") and lengths of less than four feet (4') tied into bundles, said bundles not exceeding eighteen inches (18") in diameter; (b) leaves, grass or rubbish in waterproof containers (no larger than permitted 30 gallon garbage can liner size), not exceeding thirty-five pounds (35 lbs.) in weight; (c) Bundles of newspapers and magazines tied securely and weighing less than thirty-five pounds (35 lbs.); (d) Christmas trees up to six feet (6') in length (during January); (e~ yard waste in plastic and paper biodegradable bags (no larger than permitted 30 gallon garbage can liner size), not exceeding thirty-five pounds (35 lbs.), or a permanent ventilated thirty-two (32) gallon fly tight metal or thermoplastic container weighing no more than seventy-five pounds (75 lbs) with handles shall be placed on pick up day at the curb line; and (f)+~ stone, sod, earth, concrete, and building materials resulting from repairs and minor remodeling of the residence on the property at which these materials have been placed along with carpeting, carpet padding, mattresses, chairs, couches, tables and other such items of furniture; Cg~e~ small household items including small appliances, tools and articles of furniture weighing less than thirty-five pounds (35 lbs.) shall be placed on pick up day next to the garbage cans where alley pick up is available or at the curb line in areas where no alleys exist. Section 3: Section 8.301 (5) of Ordinance 853, City Code of 1977, which currently reads as follows, to wit: 8.301(5) Where alleys are platted and open to traffic, garbage cans shall be placed at the rear of said property adjoining the alley. Where no alley exists, garbage cans will be kept at or near the back door; provided however, that where the back door is not reasonably accessible from the fr6nt yard, the container shall be placed at a point adjacent to the REGULAR COUNCIL MEETING NOVEMBER 12, 1996 PAGE 16 house which is reasonably accessible from the front yard. Garbage cans must be removed from your curb llne within twenty-four hours (24) after scheduled collection, and cannot be placed on the curb line more than twenty-four (24) hours before scheduled collection. All authorized yard Waste containers shall be placed on the alley line, where alleys are platted and open, separated from garbage and refuse, or at the curb line in areas where no alleys exist. All authorized City recycling containers shall be placed at the curb line on pick up day regardless of existing alleys. is hereby amended to read as follows: 8.301(5) (al Where alleys are platted and open to traffic, garbage cans shall be placed at the rear of said property adjoining the alley. Where no alley exists, garbage cans will be kept at or near the back door; provided however, that where the back door is not reasonably accessible from the front yard, the container shall be placed at a point adjacent to the house which is reasonably accessible from the front yard. Garbage cans must be removed from yeH~ the curb line within twenty-four hours (24) after scheduled collection, and cannot be placed on the curb line more than twenty-four (24) hours before scheduled collection. All aaeher~ze~ yard waste plastic and paper bats (no larcer than the permitted gallon garbage can liner size% not exceeding thirty-five pounds (35 lbs.%, or a permanent, ventilated thirtY-tWO ¢32} gallon fly tight metal or thermoplastic container weighing no more than seventy-five pounds (75 lbs.~ with ~ ~-~e~s-whe~e-~e-~eys-e~s~-shall be place~ on the curb line on collection day. c~ Ail authorized City recycling containers shall be placed at the curb line on pick up day regardless of existing alleys. Section 4: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: November 12, 1996 REGULAR COUNCIL MEETING NOVEMBER 12, 1996 PAGE 17 Motion by Ruettimann, second by Peterson to schedule the second reading.of Ordinance No. 1334 for November 25, 1996 at approximately 7:00 p.m. Roll call: All ayes I. SeCond Reading of Ordinance No. 1336 Being an Ordinance Authorizing the Conveyance of Certain Real Estate Located at 721 51st Avenue This ordinance corrects an error in Ordinance No. 1312 which authorized the sale of park property to be sold to Medtronic, Inc. 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. 1336 BEING AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL ESTATE LOCATED AT 721 51ST AVENUE NORTHEAST The city of Columbia Heights does ordain: Section 1: The City of Columbia Heights may convey unto the Columbia Heights Economic Development Authority, Minnesota, a public body, corporate and politic, the real property described as follows, to wit: The North 3.6 acres of Lots 7 & 8, Auditor's Subdivision 51, City of Columbia Heights, Anoka County, Minnesota. PIN # 26-30-24-11-0009 (Portion) Section 2: The Mayor and City Manager are herewith authorized to execute a quit claim deed to effectuate the conveyance of said real estate for $360,000 contingent upon successful release/satisfaction of the LAWCON Grant encumbrance. 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: October 28, 1996 November 12, 1996 November 12, 1996 · .REGULAR COUNCIL MEETING NOVEMBER 12, 1996 PAGE 18 Offered ~by: Seconded by: Roll call: Peterson Jones All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary ® ITEMS FOR CONSIDERATION A. Other Resolutions/OrdiD~¢es 1. Resolution No. 96-69 Being a Resolution.Approving the Amendment of the By Laws of the Columbia Hei~h~ Fir9 Department Relief Association. Volunteer Division The Finance Director advised this resolution will convert the practice from a deferred benefit plan to a defined contribution plan. Motion by Jones, second by Peterson to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 96-69 BEING A RESOLUTION APPROVING THE AMENDMENT OF THE BY-LAWS OF THE COLUMBIA HEIGHTS FIRE DEPARTMENT RELIEF ASSOCIATION, VOLUNTEER DIVISION BE IT RESOLVED by the City Council of the City of Columbia Heights that: The amendment to the By-Laws of the Columbia Heights Fire Department Relief Association, Volunteer Division, is herewith approved to read as follows: ARTICLE iX RETIRED FIREFIGHTER PENSION BUY-OUT Section 1. AMOUNT. The retired volunteer firefighters named below shall receive the amounts specified below, in single lump sum payments, less applicable tax wSthholdings, in full payment and satisfaction of their entir~ remaining service pension benefits, and any other benefits due to them or their beneficiaries from the Relief Association: REGULAR COUNCIL MEETING NOVEMBER 12, 1996 PAGE 19 Retired Firefighter Age Robert Davidson 56 Ronald Chan 57 Mitch DeMars 69 Richard Gill 64 Donald Jolly 59 Joe Matlon 73 Roy Meinhardt 63 Lawrence Nelson 69 Ralph Volkman 63 Monthly Benefit $368.00 $357.00 $320.00 $284.00 $287.00 $279.00 $279.00 $279.00 $279.00 Lump-Sum Buyout $63,000.00 $60,300.00 $42,850.00 $42,700.00 $47,000.00 $33,350.00 $42,700.00 $37,400.00 $42,700.00 TOTAL $412,000.00 Section 2. EFFECTIVE DATE. The benefits set forth in this Article lX shall become effective upon approval by the City council and the Board of Trustees and the signed agreement by all of the volunteer firefighters named above. Such agreements must be signed and returned in the time specified by the President of the Board of Trustees. Section 3. DATE OF PAYMENT. The payments specified above shall be made as soon as possible after receipt of the approvals and agreements referred to in Section 2. Section 4. GOVERNING EFFECT. This Article IX shall govern over any prior provisions of the By-Laws which may be inconsistent with it. Passed this 12th day of November, 1996. Offered by: Seconded by: Roll call: Jones Peterson Jones, Ruettimann, Peterson, Sturdevant - aye Jolly - abstain Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary 2. Resolutions Nos. 96-70. 96-71. 96-72, and 96-73 Being Resolutions Ordering Preparation of Report on Proposed $~reet Improvements in 1997 REGULAR COUNCIL MEETING NOVEMBER 12, 1996 PAGE 20 The Public Works Director explained that approval of these resolutions does not give approval to the projects. Councilmember Peterson inquired as to the future of the projects for Zone I which included street reconstruction and overlay. The Public Works Director responded that the public hearing for the Zone I projects was held on April l, 1996. If the contract is awarded before April l, 1997 there will be no need to hold another public hearing. Motion by Jolly, second bySturdevant to waive the reading of the resolutions there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 96-70 BEING A RESOLUTION ORDERING PREPARATION OF REPORT ON STREET IMPROVEMENT WITH COMPLETE RECONSTRUCTION WHEREAS, the City Council of Columbia Heights is proposing to improve Tyler Street and Polk Street between the north right- of-way of 37th Avenue and the north right-of-way of 39th Avenue by complete street reconstruction and to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, and NOW THEREFORE BE IT RESOLVED that the proposed improvement be referred to Mr. Mark Winson, City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is necessary, cost effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Dated this 12th day of November, 1996. Offered by: Seconded by: Roll call: Jolly Sturdevant Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary REGULAR COUNCIL MEETING NOVEMBER 12, 1996 PAGE 21 CERTIFICATION State of Minnesota County of Anoka City of Columbia Heights I 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 12th day of November, 1996, as disclosed by the records of said City in my possession. (Seal) Jo-Anne Student, Deputy City Clerk RESOLUTION NO. 96-71 BEING A RESOLUTION ORDERING PREPARATION OF REPORT ON STREET IMPROVEMENT WITH MILLING AND BITUMINOUS OVERLAY WHEREAS, the City Council of Columbia Heights is proposing to improve the following streets by milling and bituminous overlay with miscellaneous concrete repairs: Tyler Street north right-of-way of centerline of 41st Avenue 39th Avenue to 39th Avenue centerline of Reservoir centerline of Tyler Street Boulevard to 39th Avenue centerline of Polk Street to centerline of Arthur Street Cleveland St. centerline of 40th Avenue to centerline of 41st Avenue Benjamin Pl. Stinson Blvd. centerline of 40th Avenue to cul-de-sac south right-ofmway of Silver Lane centerline of Benjamin Street and, to REGULAR COUNCIL MEETING NOVEMBER 12, 1996 PAGE 22 WHEREAS, the City Council intends to assess the benefitted property for all or a portion Of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, and NOW THEREFORE BE IT RESOLVED that the proposed improvement be referred to Mr. Mark Winson, City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is necessary, cost effective and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Dated this 12th day of November, 1996 Offered by: Seconded by: Roll call: Jolly Sturdevant Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CERTIFICATION State of Minnesota County of Anoka City of Columbia Heights I 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 12th day of November, 1996, as disclosed by the records of said City in my possession. (Seal) Jo-Anne Student Deputy City Clerk RESOLUTION NO. 96-72 BEING A RESOLUTION ORDERING PREPARATION OF REPORT ON STREET IMPROVEMENT WITH RECYCLED BASE AND NEW BITUMINOUS SURFACE .REGULAR CouNCIL MEETING NOVEMBER 12, 1996 PAGE 23 WHEREAS, it is proposed to improve the following streets by constructing a recycled base and new bituminous surface with miscellaneous concrete repairs: Polk Street north right-of-way of 39th Avenue to centerline of 41st Avenue Pierce Street north right-of-way of 37th Avenue to cul- de-sac Buchanan Street north right-of-way 3?th centerline of 39th Avenue Avenue to Lincoln Street north right-of-way of 37th Avenue to cul- de-sac and, WHEREAS the City Council intends to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW THEREFORE BE IT RESOLVED that the proposed improvement be referred to Mr. Mark Winson, City Engineer, for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is necessary, cost effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Dated this 12th day of November, 1996 Offered by: Seconded by: Roll call: Jolly Sturdevant Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CERTIFICATION State of Minnesota County of Anoka city of Columbia Heights REG~ COUNCIL MEETING NOVEMBER 12, 1996 PAGE 24 I 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 12th day of November, 1996, as disclosed by the records of said City in my possession. (Seal) Jo-Anne Student Deputy City Clerk RESOLUTION ~Q, 96-73 BEING A RESOLUTION ORDERING PREPARATION OF REPORT ON SEAL COATING IMPROVEMENT WHEREAS, the City Council of Columbia Heights proposes to improve the following streets by seal coating, Tyler Street Polk Street Ulysses Street Hayes Street Arthur Place Cleveland Street Cleveland Street McKinley Street Benjamin Street Stinson Boulevard 39th Avenue 39th Avenue 39 1/2 Avenue 41st Avenue 42nd Avenue centerline of 41st Avenue to dead end centerline of 41st Avenue to centerline of Arthur Street centerline of Johnson Street to cul-de- sac north right-of-way of 37th Avenue to centerline of 41st Avenue centerline of 44th Avenue to dead end centerline of 39th Avenue to centerline of 40th Avenue centerline of 41st Avenue to centerline of 42nd Avenue north right-of-way of 37th Place to centerline of 40th Avenue centerline of 43rd Avenue to centerline of 45th Avenue cul-de-sac'to centerline of 45th Avenue centerline of Tyler Street to centerline of Polk Street centerline of Arthur Street to centerline of McKinley Street centerline of Cleveland Street to centerline of Mckinley Street centerline of Reservoir Boulevard to centerline of Stinson Boulevard centerline of Reservoir Boulevard to centerline of Cleveland Street REGULAR COUNCIL MEETING NOVEMBER 12, 1996 PAGE 25 43rd Avenue Pierce Street centerline of Reservoir Boulevard to centerline of Benjamin Street and, centerline of 46th Avenue to centerline of 47th Avenue WHEREAS~ the city Council intends to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statues, Chapter 429, and NOW THEREFORE BE IT RESOLVED that the proposed improvement be referred to Mr. Mark Winson, City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is necessary, cost effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Dated this 12th day of November, 1996. Offered by: Seconded by: Roll Call: Jolly Sturdevant Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CERTIFICATION State of Minnesota County of Anoka city of Columbia Heights I 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 12th day of November, 1996, as disclosed by the records of said City in my possession. (Seal) Jo-Anne Student Deputy City Clerk REGULAR COUNCIL MEETING NOVEMBER 12, 1996 PAGE 26 B. Bid Considerations 1. Approve Agreement With Applied Business Communications. Inc. for Fiber Optic Cable Ins~lation The Finance Director reviewed the data in the agenda cover letter from the Information Management Committee. In response to an inquiry from the Mayor, he advised the funds for the fiber optic cable installations could be taken from the Cable Fund. Motion by Jones, second by Sturdevant to authorize the Mayor and City Manager to enter into an agreement with Applied Business Communications, Inc. for the installation of fiber optic cables from City Hall to Murzyn Hall and to the Library, and to do the necessary cabling within all three buildings at a cost not to exceed $11,368 with funding coming from the Cable Television Fund. Roll call: All ayes C. Other Business 1. Approval of ClassifiGation and Sale of Certain Forfeit The City Manager was notified that Anoka County has classified a parcel at 4301 Third Street and a parcel at 4216 Central Avenue as forfeit land. Staff was recommending that only the parcel on 43rd ang Central be withheld from the classification and sale list. The EDA Director stated that the other property, which is located at 4301 Third Street, was associated with two other parcels that are currently tied up in bankruptcy proceedings. Staff felt this parcel had no public purpose at this time. Councilmember Ruettimann was of the opinion that the size of the parcel had possibilities for development and that it should be withheld from the sale list. Staff noted that a lotsplit had been approved for this parcel in 1994, but it was never recorded. For a lotsplit to be in effect, it must be recorded with the County within a year of the date of the lotsplit approval. Motion by Ruettimann, second by Peterson to authorize the City Manager to file a written application with the County Board to withhold parcel 35 30 24 14 0077 and parcel 35 30 24 22 0147 for redevelopment and to forward the completed, classification and sale approval forms to Anoka County. Roll call: All ayes REGULAR COUNCIL MEETING NOVEMBER 12, 1996 PAGE 27 8. ADMINISTRATIVE REPORTS A. Report of the City Manager 1. Water Meter Reading Equipment A demonstration of water meter reading equipment will be given by WATER PRO. Members of the City Council were requested to contact the Finance Director regarding their availability to view the demonstration. Councilmember Jolly requested the firm be contacted about having a demonstration on a Saturday. 2. Green Sheet Items a) Councilmember Ruettimann inquired about the MuniciPals Banquet which is being hosted by Columbia Heights staff next October. The City Manager advised this function is hosted by employees of the City, but no City funds are used. b) Councilmember Ruettimann noted the rating of #4 mentioned in the Fire Department's report. He requested an explanation of this rating. The City Manager stated it is an excellent rating and saves money on insurance for commercial and industrial properties. c) More information was requested on the Department's sex offender notification policy. Police d) The Association of Metropolitan Municipalities will be meeting on Thursday, November 14th. The City Manager noted he plans to attend the meeting. e) Regarding the recent fire in Parkview Villa, the City Manager advised the damage was to a public space in the building. 3. Expansion of Reservoir Water Capacity The City of Minneapolis plans to expand its reservoir water capacity by installing another reservoir in the City of New Brighton adjacent to Stinson Boulevard and on the border of the City of Columbia Heights. REGULAR COUNCIL MEETING NOVEMBER 12, 1996 PAGE 28 While this location is in New Brighton, that City does not purchase Minneapolis water..Based on this fact, the New Brighton Planning Commission and the New Brighton City Council have expressed the opinion that they would rather not have the truck traffic generated by this project using their roadways as their residents wil receive no direct benefit from the structure. The hope that this matter is resolved in a spirit of fairness and equity was the position of the Columbia Heights Council and staff. The routes being considered through Columbia Heights would impact significantly on residential neighborhoods as well as on community school areas. Councilmember Jolly recalled there being a prohibition on the maximum number of loads for hauling or transporting. He also recalled there being a permit needed to exceed this number. He requested staff to research this matter. It was also noted that the New Brighton City Council feels it must approve a conditional use permit for the building of this structure. Discussion continued which addressed how a city of the first class, such as Minneapolis, would not have to take direction from cities of a lesser class, and that its choice of the most logical route would prevail. This could be done without agreement between the affected cities and without an approved conditional use permit. This observation was relative to a necessary utility enhancement. The City Manager advised that the number of daily .trips, the amount of product being removed/hauled, and the preferred exit/entrance routes have not been firmly nor accurately documented. He requested permission to send a letter to the New Brighton City Council stating the position of Columbia Heights regarding this matter. Report of the City Attorney The City Attorney had nothing to report at this time. 0 GENERAL COUNCIL COMMUNICATIONS The minutes from the following meetings were included in the meeting packet: 'REGULAR COUNCIL MEETING NOVEMBER 12, 1996 PAGE 29 10. Traffic Commission November 4, 1996 meeting Economic.Development Authority October 30, 1996 special meeting Planning and Zoning Commission November 6, 1996 meeting Councilmember Jones read an invitation for those in need to attend the Thanksgiving Day Dinner being hosted by St. Matthew Lutheran Church. Councilmember Ruettimann felt some public mention should be made regarding recent or current athletic accomplishments of community youth. Two specific teams mentioned were the girls' volleyball team and the boys football team. The accomplishments of a local unicyclist were also noted. He requested formal recognition be made at the next Council meeting. CITIZEN FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON THE A resident on 38th Avenue addressed the Council with her concerns regarding what she viewed as unprofessionalism by some city employees and non-responsiveness by a department head. She purchased her home in Columbia Heights in August 1996 and has experienced some unusual situations. The Mayor stated he would follow through on her concerns. Motin by Ruettimann, second by Peterson to adjourn the meeting at 8:20 p.m. Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CITY COUNCIL L~TT~R Meeting of : NOVEMBER 25, 1996 AGENDA SECTION: CONSENT ORIGINATING DEPT.: CITY MANAGER APPROVAL NO: 4 CiTY MANAGER CONSIDER ALLEY LIGHTING ~ Please establish a Public Hearing date for formal consideration of assessing an alley light to benefitted properties. The alley is located between Reservoir Blvd. and Tyler Street, and 39th to 40th Avenue. The petition is for one 100 watt HPS light to be installed on an existing pole between 3937 and 3941 Reservoir Blvd. There will be thirteen parcels included in the assessment. Of these thirteen parcels, eight property owners signed the petition in favor of installing the alley light. RECOMMENDED MOTION: Move to establish December 23, 1996, 7:00 P.M. as a Public Hearing for consideration of alley lighting between Reservoir Boulevard and Tyler Street, 39th Avenue to 40th Avenue. COUNCIL ACTION: .PETITION We the undersigned petition the City Council of Columbia Heights to install one 100 watt H-PS street light in the alley. The light will be installed on the pole between 3937 and 3941 Reservoir Blvd. We understand that we will be assessed annually for the light. For a 40' wide lot, the currem cost is approximately $10.00 per property per year. This cost will increase with increases in the electric rate. NAME ADDRESS DO NOT INSTALL INSTALL LIGHT LIGHT CITY OF COLUMBIA HEIGHTS 37 38TH AVENUE N.E.~ COLUMBIA HEIGHTS) MN November 1, 1996 ~5~21-3878 (612) 782-2880 TDD 782-2806 PUBLIC WORKS · CENTRAL GARAGE · SEWER/WATER · ENGINEERING · STREETS · PARKS Mr. Leonard Bolstad 3941 Reservoir Blvd. Columbia Heights, MN 55421 Dear Mr. Bolstad: Enclosed is a petition and cost estimate for the proposed alley light. At least 50% of the property owners must sign in favor of the alley light and assessment. The properties with 150' of the proposed light location are involved in the assessment. These properties are listed below and marked on the enclosed map. 3927 Reservoir Blvd. 3933 Reservoir Blvd.'X 3937 Reservoir Blvd. K 3941 Reservoir Blvd./K, 3945 Reservoir Blvd.~ 3947 Reservoir Blvd./ 3906 Tyler St. ~912 Tyler St. 3914 Tyler St. X 3916 Tyler St. '/,, 3922 Tyler St. 9, 3926 Tyler St. 3928 Tyler St. The completed petition should be submitted to the City Manager for City Council action at the address listed below: Mr. Walt Fehst City Manager 590 40th Ave. N.E. Columbia Heights, MN 55421 If you have any questions, please contact me at 782-2883. Sincerely, KKY:jb 96-571 THE C1T~ Of COLUMBIA HEtGHT$ DOEB NOT DiSCRIMINAtE ON THE BASIS OF DIBABILITY IN EMPLOYMENT Or THE pROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER CITY COUNCIL LETTER Meeting of: 11/25/96 AGENDA SECTION: E 0lq $ E blt ORIGINATING DEPARTMENT: CITY MANAGER NO' ~ PUBLIC WORKS ~~ ,~_/~.. ITEM: SNOW AND ICE CONTROL PLAN BY: M. Winson BY: NO. ~, ~, ,~'~ DATE: 11/14/96 DATE: Attached is a copy of the Master Plan for snow plowing, removal and ice control. Changes to the plan are minor in nature. The new equipment that has been added to the fleet is now indicated in the plan along with clarifications of responsibilities in some areas. This plan does include some route changes with regard to the grader and the tandem dump truck. Through discussions with the members of' the crew that participated in the plowing operation, we have developed a routing for the grader and the tandem that should allow for more efficient and quicker operation. During the 1995-96 snow season, there were 8 full snow plowing events, 16 call-outs for sanding along with numerous incidences of spot sanding and miscellaneous snow related activities during working hours. The crews keep 75 miles of streets and 17 miles of alleys in safe condition, in addition to clearing several sections of heavily used sidewalk, the municipal and park parking lots and all the skating and hockey rinks. Sand barrels are located at critical locations within the City and there is a supply of salt/sand available to the public at the Municipal Service Center. A typical snow plowing operation has a crew reporting between midnight and 2 a.m. in order to have all major thoroughfares within the City passable by the morning rush hour. A typical storm of 6" to 8" will take 8 to 12 hours to clear all the streets and alleys. In situations where streets are expected to be slippery due to icy conditions, the crews will start their sanding operations at approximately 3:30 a.m. in order to provide passable streets by the morning rush hour. Columbia Heights is known for having very good snow and ice control. In order to provide this quality service to its residents, there needs to be a great deal of cooperation between various Public Works departments and other departments of the City, especially the Police Department that serves to alert us to conditions during the evening. The Council's support in providing the crews with the necessary equipment to provide this level of service is most appreciated. RECOMMENDED MOTION: Move to adopt the Columbia Heights Master Plan for snow plowing, removal and ice control. MAW:jb 96-60'7 COUNCIL ACTION: CITY COD'NCIL LETTER Meeting of: November 25, 1996 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 4 CITY MANAGER ' S APPROVAL NO: ~ ~ The current labor agreement between the City and the Teamsters, Local 320, re~resenting Police Sergeants, terminaSes on December 31, 1996. Negotiations between, ~he City's negotiation spoResperson and the Teamsters have resulted in a mutually acceptam±e labor agreement for calendar years 1997 and 1998. The proposed changes are as follows: Wa es: 19~/: 3% adjustment over 1996 wages t998: 3% adjustment over 1997 wages Additionally, implementation of a step system Currently, it takes a sergeant one year to reach the top step. Effective January 1, 1997, 'it will take three years to reach the top step Insurance: 199/: $340 per month (1996 = $300 per month) 1998: $375 per month Deferred Compensation: Employer snail contrimute $1 for every $2 contributed by the employee; $300 per full-time employee for 1997; $300 per full-time employee for 1998 Holidays: Increase in premium holidays from six to eight. overtime: Inclusion of an overtime article for purposes of filling in to work a regular patrol shift or to work a special detail outside of the department. Sergeants will receive 1 1/2 times the regular base pay rate of the Top Patrol rate or compensatory time for such hours worked in excess of their regular schedule. The article also addresses what constitutes a refusal of overtime. Attached is a resolution which would adopt and establish the changes as negotiated for calendar years 1997 and 1998. Also attached is a copy of the new contract language incorporating the changes. The total cost package over the two years is 7.1%. Also attached is a uniform settlement form. Minnesota Statute 179A.04, Subdivision 3, aragraph (n) requires completion of a Uniform Settlement Form (~or~). ~ Form~s app!ic~le o contract nego%iations between exclusive representative~ an~ all p~OllC em~±oyers~ onner than Townships. The Bureau of Mediation Services (Bureau) is charged with deve±oplng the Form and related instructions for compliance with the statute. Pursuant to that charge, the Bureau has adopted the attached Form to meet the requirements of this legislation. The Form is not intended to be a report of a public employer's labor costs or a substitute for the costing by labor or management of their collective bargainingproposals. Its purpose is limited to fulfilling the requirements of Minnesota Statutes 179A.0~, ~ubdivision 3, paragraph (n). It is the intention of this legislation to provide a standard basis for public employers and the public to compare the economic elements of collective bargaining settlements. The attached Form must be presented to the governing body of each public employer at the time it ratifies a collective bargaining contract. The Form must be avamlable for public inspection during normal business hours within five {5) calendar days after ratificatzon by the public employer. There is no difference between the percentage ~hoa~%~ from baseline reflected on the Uniform Settlement Form and the total cost package due fact that all the Sergeants are at the top of their range and so there is no movement through the wage schedule. RECOPL~_aNDED MOTION: Move to waive the reading of the resolution, there being ~u~lple copies available to the public. RECOMbfENDED MOTION: Move to adopt Resolution 96-__, regarding the Labor Agreement between the City of Columbia Heights and ~he Teamsters, Local 320-~olice Sergeants, effective January 1, 1997-- December 31, t998. COUNCIL ACTION: RESOLUTION 96- REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA Il]EIGHTS AND TEAMSTERS, LOCAL 320, POLICE SERGEANTS WttEltEAS, negotiations have proceeded between the Teamsters, Local 320, representing Police Sergeants of the City, and members of the City negotiating team, and said negotiations have resulted in a mutually acceptable contract for calendar years 1997 and 1998; WI-I]EREAS, a copy of said contract is available for inspection at the Office of the City Manager and is made a part hereof by reference; NOW, ~RE, BE IT RESOLVED that the contract agreement as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 1997 and t998 for Teamsters~ Local 320-Police Sergeomts, bargaining unit employees of the City; and, BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this agreement. Passed this __ day of Offered by: Seconded by: Roll Call: 1996. Joseph Sturdevan~Mayor Jo-Anne Student, Council Secretary CITY OF COLUMBIA HEIGHTS PROPOSAL TO THE POLICE SERGEANTS 114-96 ARTICLE XI INSURANCE 11.1 The EMPLOYER will contribute up to a max/mum of three hundred and forty dollars ($340) per month per employee for calendar year 1997 for group health and life insurance including dependent coverage. 11.2 The EMPLOYER will contribute up to a maximum of three hundred and seventy-five dollars ($375) per month per employee for calendar year 1998 for group health and life insurance including dependent coverage. ARTICLE XIV HOLIDAYS In heu of holidays, employees shall be paid twelve (12) eight-hour days per year. Employees required to work on any of the following eight holidays: New Year's Day, Presidents' Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Eve Day, and Christmas Day shall receive an additional one-half time for each hour they work on a holiday. ARTICLE XIX WAGE RATES 19.1 The 1997 Wage Schedule will be: Entry: $4,009 After 1 Year: $4,141 After 2 Years: $4,273 After 3 Years: $4,405 19.2 The 1998 Wage Schedule will be: Entry: $4,129 After 1 Year: $4,265 After 2 Years: $4,401 After 3 Years: $4,537 19.3 As a form of additional compensation, the City will contribute $1 per permanent and probationary full-time employee toward the State Deferred Compensation Program for every $2 contributed by such employee toward the State Deferred Compensation Program. Such employer contribution will not exceed $300 for calendar year 1997 and $300 for calendar year 1998. ARTICLE XXI OVERTIME 21.t Employees called in to work a regular patrol shift, or to work a special detail outside of the department will be compensated at one and one-half (t 1/2) times the regular base pay rate of the Top Patrol rate for hours worked in excess of the employee's regularly scheduled shift. Changes of shifts do not qualify an employee for overtime under this article. For purposes of this article, compensation shall be in the form of monetary payment unless compensatory time in lieu of monetary payments is mutually agreed upon by the EMPLOYER and the employee. 21.2 Overtime will be distributed as equally as practicable. 21.3 Overtime refused by employees will for record purposes under Article 21.2 be considered as unpaid overtime worked. For purposes of this article, the inability of the Employer to make contact with the employee and/or the non-response for the employee will be considered a refusal of overtime. 21.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hoars worked. 21.5 Overtime will be calculated to the nearest fifteen (15) minutes. 21.6 Employees have the obligation to work overtime or call backs ff requested by the EMPLOYER unless unusual circumstances prevent the employee from so working. ARTICLE XXH WAIVER (Change in numbering) ARTICLE XXITf DURATION This AGREEMENT shall be effective as of January 1, 1997, and shall remain in full force and effect until the thirty-first day of December, 1998. CITY COUNCIL LETTER Meeting of: November 25, 1996 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER'S NO: ~ CITY MANAGER' S APPROVAL The current labor agreement between the City and the Teamsters, Local 320, representing Police Officers, terminates on December 31, 1996. Negotiations between the City's negotiation spokesperson and the Teamsters have resulted in a mutually acceptable labor agreement for calendar years 1997 and 1998. The proposed changes are as follows: Wages: 1997: 1998: 3% adjustment over 1996 wages 3.5% adjustment over 1997 wages Insurance: 1997: $340 per month (1996 = $300 per month) 1998: $375 per month Sick Leave: Change in definition of immediate family to include the following of the employee's spouse: children, sister, brother, grandparents, grandchildren, or dependents (consistent with personnel policy). Funeral Leave: Change in language to allow for funeral leave for death in immediate family, as defined above (language consistent with the personnel policy). Overtime: Language added to clarify what constitutes a refusal of overtime, which for record purposes will be considered unpaid overtime worked. Deferred Compensation: Employer shall contribute $1 for every $2 contributed by the employee; $300 per full-time employee for 1997; $300 per full-time employee for 1998 (1996=$300). Attached is a resolution which would adopt and establish the changes as negotiated for calendar years 1997 and 1998. Also attached is a copy of the new contract language incorporating the changes. The total cost package over the two years is 6.7%. Also attached is a uniform settlement form. Minnesota Statute !79A.04, Subdivision 3, paragraph {n) requires completion of a Uniform Settlement Form (Form). The Form is applicable to contract negotiations between exclusive representatives and all public employers, other than Townships. The Bureau of Mediation Services (Bureau) is charged with developing the Form and related instructions for compliance with the statute. Pursuant to that charge, the Bureau has adopted the attached Form to meet the requirements of this legislation. The Form is not intended to be a report of a public employer's labor costs or a substitute for the costing by labor or management of their collective bargaining proposals. Its purpose is limited to fulfilling the requirements of Minnesota Statutes 179A.04, Subdivision 3, paragraph (n). It is the intention of this legislation to provide a standard basis for public employers and the public to compare the economic elements of collective bargaining settlements. The attached form must be presented to the governing body of each public employer at the time it ratifies a collective bargaining contract. The Form must be available for public inspection during normal business hours within five (5) calendar days after ratification by the public employer. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: November 25, 1996 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER'S NO: CITY MANAGER'S APPROVAL ITEM: 1997-1998 TEAMSTERS LABOR AGREEMENT - BY: LINDA L. MAGEE BY: POLICE OFFICERS DATE: 11-15-96 DATE: NO: Page 2 of 2 Pages The difference between the percentage change from baseline reflected on the Uniform settlement Form and the total cost package is attributable to the fact that the form includes cost of movement through the wage schedule. This is not included as a part of the total cost package of the City unless there is a change in the wage schedule (ex., added step, etc.) Thus, if the new dollars for wage schedule movement and the corresponding medicare and retirement contribution attributable to the wage schedule movement were subtracted, the change in baseline would be the same as the total cost package. Likewise, if all members of the bargaining unit were at the maximum of their range, the change from baseline and the total cost package would be the same. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 96- , regarding the Labor Agreement between the City of Columbia Heights and the Teamsters, Local 320-Police Officers, effective January 1, 1997 - December 31, 1998. COUNCIL ACTION: RESOLUTION 96- REGARDING LABOR AGREEMENT BE~ C~TY OF COLUMBIA HEIGHTS AND TEAMSTERS, LOCAL 320, POLICE OFFICERS WHEREAS, negotiations .have proceeded between the Teamsters, Local 320, representing Police Officers of the City, and members of the City negotiating team, and said negotiations have resulted in a mutually acceptable contract for calendar years t997 and 1998; WHEREAS, a copy of said contract is available for inspection at the office of the City Manager and is made a part hereof by reference; NOW, THEREFORE, BE IT RESOLVED that the contract agreement as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 1997 and 1998 for Teamsters, Local 320-Police Officers, bargaining unit employees of the City; and BE IT FURTt-[ER RESOLVED that the Mayor and City Manager be authorized to execute this agreement. Passed this __ day of ,1996. Offered by: Seconded by: Roll Call: Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary 11-z~-96 · CITY OF COLUMBIA HEIGHTS PROPOSAL TO THE POLICE OFFICERS ARTICLE XIII OVERTIME 13.3 Overtime refused by employees will for record purposes under Article 13.2 be considered . as unpaid overtime worked. For purposes of this article, the inability of the Employer to make contact with the employee and/or the non-response of the employee will be considered a refusal of overtime. ARTICLE XVII INSURANCE 17.1 The EMPLOYER will contribute up to a maximum of three hundred and forty dollars ($340) per month per employee for calendar year 1997 for group health, including dependent coverage, life and long term disability insurance. 17.2 The EMPLOYER will contribute up to a maximum of three hundred and seventy-five dollars ($375) per month per employee or calendar year 1998 for group health, including dependent coverage, life and long-term disability insurance. ARTICLE XXIII SICK LEAVE 23.3 Sick leave may be granted only for absence from duty because of personal illness or disability, legal quarantine, or serious illness in the immediate family. The immediate family is defined as the spouse and the following of either the employee or the employee's spouse: mother, father, children, sister, brother, grandparents, grandchildren, or dependents. ARTICLE XXIV FUNERAL LEAVE An employee may be entitled to a maximum of three (3) days with pay, at the sole discretion of the City Manager, for death in the immediate family, as defined in Article XXIII, Section 23.3 That time is not chargeable against any accrued vacation or sick leave. ARTICLE XXVIII DURATION This AGREEMENT shall be effective as of January 1, 1997, except as herein noted, and shall remain in full force and effect until the thirty-first day of December, 1998. 11-4-% APPENDIX A WAGE RATES ao Effective January 1, 1997 After 36 months of continous employment .............. $3,646.00 per month Top Patrol Rate Start ......................................................................... 65% of Top Patrol Rate After 6 Months ........................................................... 70% of Top Patrol Rate After 1 Year ............................................................ 80% of Top Patrol Rate After 2 Years ........................................................... 90% of Top Patrol Rate After 3 Years ......................................................................... Top Patrol Rate bo Effective January 1, 1998 After 36 months of continuous employment ............... $3,774.00 per month Top Patrol Rate Start .......................................................................... 65% of Top Patrol Rate After 6 Months .......................................................... 70% of Top Patrol Rate After 1 Year ............................................................ 80% of Top Patrol Rate After 2 Years ........................................................... 90% of Top Patrol Rate After 3 Years ........................................................................... Top Patrol Rate Co As a form of additional compensation, the City will contribute $1 per permanent and probationary full-time employee toward the State Deferred Compensation Program for every $2 contributed by such employee toward the State Deferred Compensation Program. Such employer contribution will not exceed $300 for calendar year 1997 and $300 for calendar year 1998. CITY COUNCIL LETTER Meeting of: November 25, 1996 AGENDA SECTION: CONSENT ORIGINATING DEPARTME. NT: CITY MANAGER'S NO: ~ CITY MANAGER' S APPROVAL The current labor agreement between the City and the American Federation of State, County, and Municipal Employees, representing clerical and technical employees, terminates on December 31, 1996. Negotiations between the City's negotiation spokesperson and AFSCME have resulted in a mutually acceptable labor agreement for calendar years 1997 and 1998. The proposed changes are as follows: Wages: 1997: 1998: 3% adjustment over 1996 wages 3.5% adjustment over 1997 wages Insurance: 1997: $340 per month (1996 = $300 per month) 1998: $375 per month Additionally, the City will provide long-term disability insurance for full-time employees. The premium will come out of the monthly employer's contribution to insurance. The long term disability insurance will be through Standard Insurance, and have a six month waiting period. It includes cost of living adjustments. This is the sa/ne company and coverage that the police officers have. The coverage will be the same as the police officers. As a result of combining the two groups for rating purposes, the rate will be .58 per $I00 of covered payroll (this reflects a decrease from the current .69 per $!00 of covered payroll for police officers.) Also, the amount of basic life insurance provided will increase from $5,000 to $10,000. Grievance Procedure: Addition of a mediation step in the grievance procedure, prior to grievance arbitration. Deferred Compensation: Employer shall pay on a dollar-for-dollar matching basis; $300 per full-time employee for $1997; $300 per full-time employee for 1998 (1996=$300). For part-time employees working t,560 hours or more per year, employer shall pay on a dollar for dollar matching basis up to $225 per employee for 1997 and up to $225 per employee for 1998 (1996=$225). Attached is a resolution which would adopt and establish the changes as negotiated for calendar year 1997 and 1998. The total cost package over the two years is 7%. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: November 25, 1996 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER'S NO: CITY MANAGER'S APPROVAL ITEM: 1997-1998 AFSCME LABOR AGREEMENT BY: LINDA L. MAGEE BY: NO: DATE: 11-18-96 DATE: Page 2 of 2 Pages Also attached is a uniform settlement form. Minnesota Statute 179A.04, Subdivision 3, paragraph (n) requires completion of a Uniform Settlement Form (Form). The Form is applicable to contract negotiations between exclusive representatives and all public employers, other than Townships. The Bureau of Mediation Services (Bureau) is charged with developing the Form and related instructions for compliance with the statute. Pursuant to that charge, the Bureau has adopted the attached Form to meet the requirements of this legislation. The Form is not intended to be a report of a public employer's labor costs or a substitute for the costing by labor or management of their collective bargaining proposals. Its purpose is limited to fulfilling the requirements of Minnesota Statutes 179A.04, Subdivision 3, paragraph (n). It is the intention of this legislation to provide a standard basis for public employers and the public to compare the economic elements of collective bargaining settlements. The attached Form must be presented to the governing body of each public employer at the time it ratifies a collective bargaining contract. The Form must be available for public inspection during normal business hours within five (5) calendar days after ratification by the public employer. The difference between the percentage change from baseline reflected on the Uniform Settlement Form and the total cost package is attributable to the fact that the form includes cost of movement through the wage schedule. This is not included as a part of the total cost package of the City unless there is a change in the wage schedule (ex., added step, etc.). Thus, if the new dollars for wage schedule movement and the corresponding social security and retirement contribution attributable to the wage schedule movement were subtracted, the change in baseline would be the same as the total cost package. Likewise, if all members of the bargaining unit were at the maximum of their range, the change from baseline and the total cost package would be the same. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 96- , regarding the Labor Agreement between the City of Columbia Heights and the American Federation of State, County, and Municipal Employees, effective January 1, 1997 - December 31, 1998. RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to execute the necessary documents with Standard Insurance of Portland for long term disability insurance for the full- time Clerical/Technical employees represented by AFSCME. RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to execute the necessary docu/uents with Prudential Life Insurance to provide for $10,000 basic life insurance for the full-time clerical/technical employees represented by AFSCME. COUNCIL ACTION: RESOLUTION 96- REGARDING LABOR AGRRt:~MENT BETWEEN CITY OF COLUMBIA HEIGHTS AND AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, LOCAL NO. 495 WHEREAS, negotiations have proceeded between the American Federation of State, County, and Municipal Employees (AFSCME) Council No. 14, Local No. 495, representing clerical and technical employees of the City, and members of the City negotiating team, and said negotiations have resulted in a mutually acceptable contract for calendar years 1997 and 1998; WHEREAS, a copy of said contract is available for inspection at the Office of the City Manager and is made a part hereof by reference; NOW, THEREFORE, BE IT RESOLVED that the contract agreement as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 1997 and 1998 for AFSCME bargaining unit employees of the City; and, BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this agreement. Passed this__ Offered by: Seconded by: Roll Call: day of ,1996. Joseph Sturdevank Mayor Jo-Anne Student, Council Secretary CITY OF COLUMBIA HEIGHTS October 30, 199~ PROPOSAL TO AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES ARTICLE VI. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 6.4 Procedure Add: In Step 4: A grievance unresolved in Step 3 and appealed to Step 4 by the UNION shall be submitted to the Minnesota Bureau of Mediation Services. A grievance not resolved in Step 4 may be appealed to Step 5 within ten (10) calendar days following the EMPLOYER's final answer in Step 4. Any grievance not appealed in writing to Step 5 by the UNION within ten (10) calendar days shall be considered waived. (Current Step 4 becomes Step 5) ARTICLE XVII. INSURANCE 17.1 The EMPLOYER will contribute up to a maximum of three hundred and forty dollars ($340.00) per month per (permanent and probationary full-time) employee for calendar year 1997, and up to a maximum of three hundred and seventy-five dollars ($375.00) per month per (permanent and probationary full-time) employee for calendar year 1998 for employee life insurance, group health insurance (including dependent coverage) and long-term disability insurance. No retroactive insurance benefit payments will be made to any employee terminating employment during calendar year 1997 prior to Council ratification of a 1997 employer contribution rate for insurance. 17.2 Employees not choosing dependent coverage cannot be covered at EMPLOYER expense for any additional insurance than the individual group health, group life, long term disability, and group dental insurance. 17.3 Additional life insurance can be purchased by the employee at the employee's expense to the extent allowed under the EMPLOYER'S group policy. 17.4 By mutual agreement, employees may use up to the amount of the premium for individual dental insurance coverage of the per month per employee health, life and long term disability insurance dollars in Article 17.1 for dental insurance for all unit employees. ARTICLE XXV. WAGES See Appendix A. As a form of additional compensation, the City will contribute $1 per permanent and probationary full-me employee toward the ICMA deferred compensation program for every $1 contributed by such employee toward the ICMA deferred compensation program. Such contribution will not exceed $300 for calendar year 1997, and $300 for calendar year 1998. As a form of additional compensation, the City will contribute $1 per permanent and probationary part-time employee, who is regularly scheduled to work 1,560 hours or more per year, toward the ICMA deferred compensation program. Such contribution will not exceed $225 for calendar year 1997, and $225 for calendar year 1998. ARTICLE XXVI. DURATION This AGREEMENT shall be effective as of January 1, 1997, and shall remain in force and effect until December 31, 1998. CITY COUNCIL LETTER Meeting of: 11/25/96 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENJCxx CITY MANAGER ITEM: APPROVAL OF AMENDED SRA BY: M. Winson B JOINT POWERS AGREEMENT AND BYLAWS ,, DATE: 11/14/96 DATE: 4.q2 The Suburban Rate Authority is currently composed of 33 members. The purpose of the SRA is to represent its members to both the State Legislature and the Public Utilities Commission with regard to utility related issues. The SRA has successfully and effectively represented its members on many issues, most notably elimination of a tier system for local phone charges. The Joint Powers Agreement and By-laws that govern the actions of the SRA have not been updated or amended since their inception in 1975. Attached you will find red-lined copies of proposed amended documents. A majority of the changes are minor in nature and represent changes in language to meet current legislation and/or actual operations of the Authority. There are two major changes incorporated in the amended documents. The first is inclusion of sections that allow for temporary membership to the SRA. Temporary membership allows interested cities to join the Authority for a one-year period without paying dues in order to determine if there is an advantage to the community in becoming a member of the Authority. It is hoped that by allowing these temporary memberships that the permanent membership will grow. With a larger permanent membership, the Authority will be able to exert more clout and stabilize annual dues. The second major change is in Section 12 on page 7 of the Joint Power Agreement. This section would allow the Board to enter into contracts with public utilities on behalf of members. This could be important should de-regulation of electrical utilities in the future allow for purchase of power from utilities outside of the immediate area. Under the proposed de-regulation, one or several large users of electricity would have the ability to negotiate for favorable rates from suppliers outside of their area. With the inclusion of Section 12, the SRA could act as an agent for several of the member communities for such a contract. This section does not give the SRA Board the authority to take these actions without the express agreement of the member community. Staff recommends approval of the amended Joint Cooperative Powers Agreement and By-laws for the Suburban Rate Authority. RECOMMENDED MOTION: Move to approve the amended Joint Cooperative Powers Agreement and the By-laws of Suburban Rate Authority as presented; and, furthermore, to authorize the Mayor and City Manager to enter into the agreement. MAW:jb 96-607 COUNCIL ACTION: ,/ Proposed Amendments 9/20/96 BY-LAWS OF SUBURBAN RATE AUTHORITY ARTICLE I. MEMBERSHIP Section 1. The initial members of this Authority are the cities listed below: Permanent Members: Temporary Members: Section 1.2. Additional members of the Authority may be added pursuant to the terms of a an amended "Joint and Cooperative Agreement", creating tki3 and continuing the Authority, to which the ...... al members listed above are parties. ARTICLE II. DEFINITIONS Section 2.1. For the purposes of these by-laws, the terms defined in this article have the meanings given them. Section 2.2. "Agreement" means the joint and cooperative agreement creating the Authority. DJKll0121 SU160-3 Section 2.3. "Authority" means the Suburban Rate Authority created by the agreement. Section 2.4. "Board" means the Board of Directors of the Authority consisting of one director from each city ~vhich is a member of the Authority. Section 2.5. "Member" means a city which is a member of the Authority in accordance "Temporary member" means a member that has joined the with the terms of the agreement. Authority pursuant to Article X. herein. Section 2.6. "Council" means the governing body of a member. Section 2.7. All The definitions included in Article IV of the Agreement are incorporated ARTICLE III. THE BOARD Section 3. t. The governing body of the Authority is its board of directors. Each member is entitled to one director. Each director is entitled to one vote for each 5,000 population or fraction thereof, of the member as provided in the agreement. Section 3.2. As provided in the agreement, a director ska!!, must, and a alternate director may, be appointed by the Council of each member, for a term of one calendar year and until their respective successors are selected and qualified. Section 3.3.. Board members and alternate members shall serve without compensation from the authority, but this zka!! does not prevent a city from providing compensation to its board member or alternate for serving on the board if such compensation is authorized by city and by taw. Section 3.4. A majority of the votes of the members of the board .~hall conztimtc constitutes a quorum. DJKl1012t SUt60-3 Section 3.5. A vacancy on the board shall be is filled by the governing body of the member whose position on the board is vacant. Section 3.6. A director ska!l is not be eligible to vote on behalf of his the director's city during the time that such city is in default on any contribution to the r-a-re authority, payable under the provisions of the Agreement. During the existence of any such default, the vote or votes of such member shall may not be counted as eligible vctc: for the purposes of these by-la~vs or the agreement. Section 3.7. An alternate director from a member may serve in lieu of a director representing such member at any meeting of the board if suck the director is not present at such the meeting. If a director is also an officer of the authority, however, the alternate to s'.:ck that director shall may not ke~v~ed-m serve as such officer in the absence of the officer. ARTICLE IV. POWERS AND DUTIES OF THE BOARD Section 4.1.. The powers and duties of the board are those set forth in the agreement. ARTICLE V. FINANCIAL MATTERS Section 5.1. Authority funds may be expended by the board in accordance with the procedures established by law for the expenditure of funds for statutory cities. Orders, checks and drafts shall must be signed by the chainr-~n chair or wce-, ......... a chair and the secretary-treasurer or assistant secretary-treasurer. Other legal instruments shall must be executed on behalf of the authority by authority of its board by the chairman chair and secretary-treasurer. During the absence or disability of the ~-~:--~- chair, the ' ~-~:~- ~ ............. perform serves as chaL.-'man chair. DJK110121 SU160-3 Section 5.2. Directors and alternate directors ska!! be pe,,---,i~ed tv may inspect the financial records of the authority at all reasonable times. Section 5.3: The fiscal year of the authority shag-~ is the calendar year. Section 5.4. A depository for authority funds shall must be designated by the board at its annual meeting each year. Prior to such designation the secretary-treasurer may recommend a depository to the board hi,~ ckcicc cf zuck dcpository. Section 5.5. At the end of each year the secretary-treasurer ,zhall must make an annual financial report and submit the same in writing to the board at its next annual meeting. ARTICLE VI. OFFICERS Section 6.1 The officers of the authority o~,~ ~,~ are the ~'~"'- chair, ' ~'~- .................... vlce-.~ .......... chair and secretary-treasurer. Section 6.2. The cka'.'nv,~n ska!! be *,he ckief chair is presiding officer of the authority. ~ presides at att meetings of the board and :kall have primary has responsibility for seeing that all orders and resolutions of the board are carried into effect. 14e-shall--be The chair is an ex-officio member of all standing committees and :kall ka:'e has the general powers and duties of supervision and management usually vested in the office of president of a corporation. Section 6.3. The vice-ckai,,--:,,an ska!! chair, in the absence or disability of the ckairm~n chair, pevfen~ performs the duties and exercise the powers of the chaL"m~n chair and zkc, ll ~ performs such other duties as the board ~ prescribes. Section 6.4. The secretary-treasurer ~*'~' must attend ~TM.... : ~ ~ ................. s meetings of the board and record att votes and the minutes of att board proceedings in a minute book kept for that purpose; ~-~ ~-~ ~-~ ~-*'^~ The secretary-treasurer performs like duties for the committees $U1.6 0 -3 of the board when so directed by the board, t-le-ahatl--g¢~ The secretary-treasurer gives, or causes to be given, notice of all meetings of the board and of committees, and ~'~" performs such other duties as may be prescribed by the board. Section 6.5. The secretary-treasurer shall have has the custody of the funds and securities of the authority and shall must keep full and accurate accounts of receipts and disbursements in books belonging to the authority and shall deposit all moneys and other valuable effects in the name and to the credit of the authority in :uck _a depository az ,,'nc,)' bc designated by the board, ~ The secretary-treasurer disburses the funds of the authority as ordered by the board, taking the proper vouchers for such disbursements, and 0k, all r:n~:r renders to the board, at regular meetings of the board, or whenever ~ey it may require it, an account of all his transactions as secretary-treasurer and of the financial condition of the authority. The votes of t. em...p0rarv members author/zed by Article IV, Section 4 are not to be considered in determining the oresence or ~bsence of a quorum. Section 6.6. The Board may designate an assistant' secretary-treasurer who~.,,-,~" in the absence or disability of the secretary-treasurer, per-hm~ performs the duties and exercise the powers of the secretary-treasurer and u~ ~,, ......... v ........ performs such other duties as the board o~,m ~',.,,~ ~;~ ,~ ,~ ,~;-~+ directs. Section 6.7. The officers of the authority :kc, I! must give bond as required by the board, at authority expense, with corporate sureties satisfactory to the board, for the faithful performance of their duties and for the restoration to the authority, in case of death, resignation, retirement or removal from office, of all books, papers, vouchers, money and property of whatever kind in their possession or under their control belonging to the authority. Section 6.8. The Board gka!l must at the annual meeting provide for the appointment of a finance committee. The finance committee ~?~! must carry out the duties assigned to it by the Board and the Executive Committee. A. tl Reports of the finance committee zka!! must be made DJKI!0Z2i SU160-3 to the Executive Committee which shall must submit such reports to the Board with its comments and recommendations for Board action. ARTICLE VII. EXECUTIVE COMMITTEE Section 7.1. The executive committee shall ccnsist consists of the officers of the authority, and four directors selected by the authority at its annual meeting in accordance with this section. The four additional members of the executive committee shall must reflect as nearly as practicable the geographic area of the authority and the range of population of its members. Section 7.2. A majority of the members of the executive committee shall constitute a quorum +k .... ~ Section 7.3. Each member of the executive committee shat!--ha-ye has one vote at any _a meeting of the executive committee. Section 7.4. The executive committee shalt-me~ meets at the call of the chaL,-'man chair or two members of the committee. Notice of an executive committee meeting shall must be in writing given at least three days prior to the date of the meeting. Waiver of such written notice may be given by either (a) attending such meeting or (b) waiving :'.'.ch notice in writing. Meetings may be held by telephonic conference. Section 7.5. The executive committee ~hall act acts in the interval between meetings of the board and shall a:t only on such administrative matters as authorized by the board or by the agreement. , Section 7.6. Copies of att minutes of the executive committee shall meetings must be sent to all directors and alternate directors. DJKl10121 SU160-3 ARTICLE VIII. BOARD MEETINGS Section 8.1. Regular meetings of the board shat4-be are held ~quarterty on the third Wednesday in January, April, July and October. The regular January meeting of the board ska!! t~e is the annual meeting of the authority at which the officers shatk4~ are elected. Section 8.2. Written notice of all meetings of the board shall must be sent to all directors, alternate directors and the clerks of all members, as the same may appear on the records of the secretary-treasurer. Section 8.3. Special meetings of the board may be called by the executive committee or any three directors or any number of directors having at least 25% of the total votes. The purpose of any sPecial meeting shall must be stated in the notice of the meeting, and business transacted at any special meeting ,shall kc is confined to the purposes stated in such notice. Section 8.4. Written notice of regular meetings shall must be mailed a least ten days prior to each meeting and written notice of special meetings shall must be mailed at least three days prior to each such meeting. Section 8.5.. Notices of all meetings shall must specify the time and place of such meetings. The time and place of at4 regular meetings and of at4 meetings called by the executive committee shall are to be determined by the chairman chair. The time and place of special meetings called by others shall will be as determined by the persons calling the meetings. Section 8.6. At any meeting of the board, a majority of the total authorized votes of all directors shall constitute constitutes a quorum. If a quorum is not present at a~5' a meeting, those present shall ha;'e power to may adjourn the meeting from time to time without notice other than announcement at such th_~e meeting, until the requisite number of votes shaP,-~ are present to constitute a quorum. At mx:,' zuch a__~n adjourned meeting at which a quorum is present, any DJKllO121 SU160- 3 business may be transacted ;;'hick that might have been transacted at the meeting as originally called. Section 8.7. A copy of the agenda for an:,' a meeting shall-be must sent o'..'t with accompany the notice of suck the meeting. Section 8.8. Copies of the minutes of any a meeting of the board ska!! must be promptly distributed to each person to whom notice of the meeting is required to be sent under the provisions of these by-laws. Section 8.9. Unless otherwise specified in the..,...~:~* ,~.,~'4 o.~,~.,v......+:.,~, .. agreement or in these by-laws, all meetings of the board and alt meetings of the executive committee and other committees of the authority skall are to be conducted in accordance with Roberts' Rules of Order, Revised. Section 8.'10. The board may from time to time determine the order of business for board meetings. The usual order of business at such meetings shall be as follows: B. C. D. E. F. G. H. I. Call to Order. Roll Call. Minutes of Previous Meeting. Report of officers. Report of Committees. Consideration of Communications. Unfinished Business. New Business. Adjournment. ARTICLE IX. COMMITTEES Section 9.1. The board may appoint such committees in addition to those required by these by la~vs and the agreement as the board ~1,,~11 c .... :~ +~ +;,,,~ ,4~ deems necessary, c,,~t, Committees zkal! are to be selected in the manner determined by the Board. DJKit0121 SU160-3 BY-LAWS AMENDED PAGE ARTICLE X TEMPORARY MEMBERS Section 10.1. This article is adopted pursuant to Article V, section 4 of the agreement. Section 10.2. A governmental unit eligible to become a member of the authority may become a temporary member subject to the provisions of this article. Section 10.3. A governmental unit wishing to become a temporary member must execute a copy of the agreement and file it as provided in Article V of the agreement. Section 10.4. A governmental unit that is a temporary member in the _-,rears 1996 and 1997 may continue such membership unt:.l December 2 I, 1997. as determined by the board of directors. Except for matters relating to the terms and conditions of temporary_ membership, a temporary member has the same voting rights and membership rights as a permanent member, provided, however, that the cumulative votes of alt temporary members may not exceed 25% of the total votes of permanent members. The board of directors must, if necessary, reduce the votes allocated to temporary members to carry_ out the intent of this section and the a~eement. The votes of temporary_ members are not to be considered in determining the presence or absence of a quorum of the board of directors. Section 10 5 ^ + ........... *'~ ;~ ~+ ~' ......:-~ +~ ~' ......... +";~"'+;^~ +~ +'-~ ~,,~h~,,;+., 4,~,, +~,~ +-:,~.~, ;'ear 1997. A temporary member may become a permanent member at any time by makh~g the contributions that would be required if it were a permanent member. Section 10.6. A director from a temporary member is not eligible for election to the executive committee. JMSl11610 SU160-3 Section 10.7. The secretary-treasurer must keep an accurate record of the number and votes of temporary members and must notify the temporary_ members of the termination of membership, nc later tkan Ne, vember I, 1997. A temporary_ member that does not elect to become a permanent member before by December !, 1997 the date temporary_ membership ends is deemed to have withdrawn from the authority effective December 21, 1997. on the date so fixed. J~Slll610 SU160-3 ARTICLE X X._!I. AMENDMENTS TO BY-LAWS Section 1 t. 1. These by-laws may be amended at any regular or special meeting of the board provided that a ten day prior notice of the proposed amendment has been furnished to each person to whom notice of board meetings must be sent pursuant to these by-laws. An amendment may be proposed in writing filed with the chai:Tn-~n chair, by any member, a director, by the Executive Committee or by the Board on its own motion. Section 11.2. A majority vote of a quorum present zkall be, is necessary to adopt pmposeg an amendment to these by-laws. Section 11.3. In any instance where these by-laws are in conflict with the Jo, iht ~ agreement, such thee agreement ska!! central controls. Section 11.4. These by-laws are effective upon the'ir adoption by the Board of Directors. Adopted by the board of directors of the Suburban Rate Authority this __ day of ., 199 ATTEST: Secretary-Treasurer DJKllOt21 SU160-3 Proposed Amendments 9/20/96 AMENDED JOINT AND COOPERATIVE AGREEMENT I. PARTIES The parties to this agreement are governmental units of the State of Minnesota. This agreement is made pursuant to Minnesota Statutes, section 471.59, as amended. II. GENERAL PURPOSE The general purpose of this agreement is to establish and continue an organization to monitor the operation and activities of public utilities in the metropolitan area; to conduct research and investigation of the activities of such utilities; and to conduct such other activities authorized herein as may be necessary to insure equitable and reasonable public utility rates and service levels for the citizens of the members of the organization and for the members themselves. III. NAME The name of the organization is the SUBURBAN RATE AUTHORITY. The name may be changed in accordance with Article XII. IV. DEFINITIONS Section t. For purposes of this agreement, the terms defined in this article have the meaning given them. Section 2. "Authority" means the joint and cooperative organization created by this agreement. Section 3. "Board" or "Board of Directors" means the Board of Directors of the Authority established by Article VI. DJK109900 SU160-3 1 Section 4. "Council" means the governing body of a governmental unit. Section 5. "Governmental unit" means a city or town in the metropolitan area. Section 6. "Metropolitan area" means the metropolitan area defined and described by Minnesota Statutes, chapter 472E.02 473, as amended. Section 7. "Member' means a governmental unit which has entered into and become a party to this agreement. Section 8. "Public utility" or"utility" means an investor-owned utility supplying telecommunication services to member residents or gas or electricity under franchise within one or more govermnental units; the term may include other utilities as provided in Article XII. The term does not include municipally owned utilities; the term does include a governmental agency supplvin~ sanitary sewer or other utiliw services to governmental units in the metropolitan area. Section 9. "Statutory cities" means cities organized under Minnesota Statutes, chapter 412. V. MEMBERSHIP Section t. Any governmental unit in the metropolitan area is eligible to be a member of the Authority. Section 2. A governmental unit desiring to become a member ~kall must execute a copy of this agreement and conform to the membership provisions of this Article VII. V.~. Section 4 3. A governmental ",.nits unit wishing to become _a ~ member after o~-~.~.~JT ........ I, ~o-~.., ~, the effective date of this agreement may be admitted only upon the favorable vote of two-thirds of the votes of the members of the Board of Directors present and votin~ at any regular or special meeting. The Board may, in its by-laws, impose conditions upon the admission of additional members. DJK109900 2 SU160-3 Section 4. The Board may, in its by-laws, establish procedures for temporary membership for governmental units for specified periods of time not exceedin~ one year with or without the payment of contributions or with the payment of reduced contributions as determined under Article X. If such memberships are authorized, the cumulative votes of all temporary members may not exceed 25% of the total votes of the directors of permanent members. Section 6 5. A change in the governmental boundaries, structure, classification or organization of a governmental unit af-fec-~ does not affect the eligibility of a unit to become or remain a member of the Authority. VI. GOVERNING BODY: BOARD OF DIRECTORS Section 1. The governing body of the Authority is its Board of Directors. Each member is entitled to one director on the Board. Each director is entitled to one vote for each 5,000 of population or fraction thereof, as determined by the official U.S. Census each decade., of the governmental unit represented by the director; provided, however, that each director shall must have at least one vote and no director ..... 1 may have more than 20 votes. Far purposes cf ..... :~: .... t ~: ..... ,~ c+~,...~ -~-~< q~ Prior to December 31 of each year followin~ the decennial census, the Secretary-Treasurer of the Authority sba!! must determine the population of each member in accordance with this section and certify the results to the chairman. Section 2. A director shall be. is appointed by resolution of the council of the members for a term of one calendar year. A director shall sc,we serves until his _a successor is appointed and qualifies. Directors shall serve without compensation from the Authority, but nothing in this section shall is to be construed to prevent a governmental unit from compensating its director for service on the Board if such compensation is otherwise authorized by law. DJK109900 SUI60-3 3 Section 3. The Board, in its by-laws, may provide for the appointment of alternate directors and prescribe the extent of their powers and duties. Section 4. Vacancies in the office of director will exist for any of the reasons set forth in Minnesota Statutes, Section 351.02, or upon a revocation of a director's appointment by a member duly filed with the Authority. Vacancies ~ are filled by appointment for the unexpired portion of the term of director by the council of the member whose position on the Board is vacant. Section 5. A majority of the votes of the Board of Directors constitutes a quorum, but a smaller number may adjourn from time to time. VII. MEETINGS: ELECTION OF OFFICERS Section 1. A governmental unit may enter into this agreement by resolution of its council and the duly authorized execution of a copy of this agreement by its proper officers. Thereupon, the clerk or other appropriate officer of the governmental unit shall must file ~ an executed copy of the agreement and a certified copy of the authorizing resolution with the,,,,j~;+' finance director of the City of Columbia Heights, Minnesota. The resolution authorizing the execution of the agreement shall must also designate the first director for the governmental unit on the Board. Section 2. This agreement is effective on the date when executed agreements and authorizing resolutions of seven the governmental units presently members of the existing Suburban Rate Authority have been filed as provided in Section 1 of this Article. Section 3. Within tki:~w;' 30 days after the effective date of this agreement, the mayor of the member having the largest population shall must call the first meeting of the Board of Directors which shall must be held no later than 15 days after such call the date of the next regularly scheduled quarterly meetin~ of the Authority. DJK109900 4 SU160-3 Section 4. The first meeting of the Board shall will be the organizational meeting of the Authority. At the organizational meeting, and at each annual meeting thereafter, the Board shall must select from among the directors a chairman, a vice-chairman, and a secretary-treasurer. Section 5. At the organizational meeting, or as soon thereafter as it may reasonably be done, the Board shall must adopt by-laws governing its procedures, including the time, place, notice for and frequency of its regular meetings, procedure for calling special meetings, and such other matters as are required by this agreement. The Board may amend the by-laws from time to time. The Board zhall must meet at least once each year and on such other dates as may be provided in its by-laws. The annual meeting is held in the month of January_ unless otherwise provided in the by-laws. VIII. POWERS AND DUTIES OF THE BOARD OF DIRECTORS Section 1. The powers and duties of the Board of Directors of the Authority are set forth in this article. Section 2. The Board may make such contracts and enter into such agreements as it deems necessary to make effective any power granted to the Authority by this agreement. It may contract with any of its members member governmental units or others to provide space, services or materials on behalf of the Authority. Section 3. h The Board may provide for the prosecution, defense, or other participation in actions or proceedings at law in which it may have an interest, and may employ counsel for that purposo. It may employ such other persons as it deems necessary to accomplish its powers and duties. Such employees may be on a full-time or part-time, or consulting basis as the Board ...... h that local dete~rnines, and the Board may make any required employer contributions --k:~ government units are authorized or required to make by law. DJK109900 SUit0-3 5 Section 4. t4 The Board may conduct such research and investigation and take such action as it deems necessary, including participation and appearance in proceedings of state and federal regulatory, legislative or administrative bodies, on any matter related to or affecting utility costs, levels of service, rates or franchises, and advise members concerning such matters with a view toward obtaining compliance with franchises granted to utilities and insuring reasonable rates and service levels for the members and their residents. The Board may conduct the activities authorized by this section on behalf of any governmental unit located outside the metropolitan area at the request of such a unit, embodied in a resolution of its governing body; provided however, that the conduct of such activities on behalf of any such governmental unit skall must be specifically authorized by the Board and shall be subject to such reasonable conditions as to cost of service and other matters as may be imposed by the Board. Section 5. The Board may obtain from any utility and from any other source such information relating to utility rates, costs and service levels as any of its members is entitled to obtain from such utilities. Section 6. t4 The Board may receive and hold moneys from any utility to the extent and in the manner as may be provided by this agreement or any franchise granted to a utility by a member; and it may accept voluntary contributions from its members or other sources as provided in Article X. The Authority ~kall have has no taxing po~ver. It may accumulate reserve funds and may invest and re-invest its funds not needed for current expenses in the manner and subject to the limitations applicable by law to statutory cities. The Board may not incur obligations in excess of funds then available to the Authority. Section 7. The Board ~kall must make a financial accounting and report to the members at least once each year. The books and records of the Authority ska!! will be open and available for inspection by members at all reasonable times. DJKt09900 SU160-3 6 Section 8. The Board may accept gifts, apply for and use grants of money or other property from members or other governmental units or organizations, and may enter into agreements required in connection therewith, and may hold, use, and dispose of such moneys or property in accordance with the terms of the grant, gift or agreement relating thereto. Section 9. The Board ska!! must establish the annual budget for the Authority as provided in Article X. Section 10. The Board may, in its by-laws, establish an executive committee and may delegate duties and authority to such a the executive committee between Board meetings. Section 11. The Board may purchase public liability insurance and such other security bonds and insurance as it may deem necessary. Section 12. The Board may, on behalf of the AuthoriW or on behalf of a number of member governmental units or nonmember ~overnmental units, or both, enter into contracts with public utilities within or without the state for the purchase and delivery of utility products and services for those ~overnmental units. Section 4-2:13. The Board may exercise any other power necessary and convenient to the implementation of the powers and duties given to it by this agreement. IX. OFFICERS Section 1. The officers of the Board skall .......t of are a ........... chair, a vice-cha:,xnan chair, and a secretary-treasurer ~ elected by the Board for a term of one year and until their respective successors are elected and qualify, at the annual meeting. New officers shall take office at the adjournment of the annual meeting at which they were elected. An officer must be a duly qualified and appointed director. Section 2. A vacancy in the office of -*'~;~" chair, ' -*'~ ........... wce-,. .......... chair, or secretary-treasurer shall c, cc-~ occurs for any of the reasons for which a vacancy in the office of DJKK09900 SU160 -3 7 director ska!! occur occurs. Vacancies in these offices shall be filled by the Board for the unexpired portion of the term. Section 3. The ckak,-Tnan shall preside chair presides at all meetings of the Board. The vice- chairman gkall act chair acts as chairman in the absence, disqualification or disability of the chairman. Section 4. The secretary-treasurer is responsible for keeping a record of all the proceedings of the Board, for custody of all funds, for keeping of all f'mancial records of the Authority and for such other duties as may be assigned to him by the Board. Persons may be employed to perform such services under his the supervision and direction of the secretary_- treasurer as may be authorized by the Board. The secretary-treasurer shall must post a fidelity bond or other insurance against loss of Authority funds in the account specified by the Board.' The cost of such bond or insurance skall to be paid by the Board. The Board may provide for compensation of the secretary-treasurer for his services to the Board. X. FINANCIAL MATTERS Section 1. The fiscal year of the Authority is the calendar year. Section 2. Authority funds may be expended in accordance with the procedures established by law for statutory cities. Orders, checks and drafts skall must be signed by the chairman and countersigned by the secretary-treasurer or such other person as may be designated by the Board in its by-laws. Other legal instruments ska!l must be executed on behalf of the Authority by the chairman and the secretary-treasurer. Contracts ska!! must be let and purchases made in accordance with the procedures established by taw for statutory cities. Section 3. The activities of the Authority skall may be financed by funds available to it under Article XII VIII, from voluntary contributions from its members or from other sources, and by contributions from members of the Authority if it is determined by the Board by a two-thirds DJK109900 SU160-3 8 vote, by written action or at a regular or special meeting, of all votes of then existing members, that such contributions are necessary. Such determination shall must be made by the Board not later than August 1 of each year in order to obligate members to make contributions during the ensuing calendar year. The total annual contribution by members for the ensuing year is established by the Board on the basis t~ of anticipated expenditures and only if the anticipated expenditures are in excess of the anticipated funds otherxvise to the Authority. The contribution in any year by a member shall must be in direct proportion to the number of votes to which the director representing the member on the Board is entitled. Such contributions shall must be made by the member to the Authority as follows: one-half on or before ¢etmm~ April 1 of each year and one-half on or before ~' , ,,~s,,.,~ i September 1 of each year. Section 4. An annual budget or,.,,, must be adopted by the Board ~* ......... e .... at the .......regular meeting in Jutv of each year. If a quorum is not present at the regular meeting in July, the budget may be adopted by unanimous vote of the executive committee. Copies of the budget shall must be mailed promptly to the chief administrative office of each member. The budget is deemed approved by the members except one who, at any time prior to the armual meeting gives notice in writing to the secretary-treasurer that it is withdrawing from the Authority. XI. DURATION AND DISSOLUTION Section 1. The Authority shall will exist, and this agreement is in effect, for an indefinite term until dissolved in accordance with Section 3 of this article. Section 2. A member may withdraw from the Authority by filing a written notice with the secretary-treasurer by June 15 of any year giving notice of withdrawal at the end of that calendar year; and membership shall continue until the effective date of the withdrawal. A notice DJK109900 SU160-3 9 of withdrawal may be rescinded at any time by a member. If a member withdraws before dissolution of the Authority, the member zhall will have no claim on the assets of the Authority. Section 3. The Authority shall must be dissolved whenever the withdrawal of a member reduces total membership in the Authority to less than ~- ..... ~-~ ~--~--,. ........ ;~ c~ ..... ;~,;~ ~c,~.~ ^ ..,~,^~;~ ..... .~ ^ ,.,;~ x~, Section '~ seven. The Authority may be dissolved at any time by unanimous vote of all the members of the Board of Directors. Section 4. In the event of dissolution, the Board shall must determine the measures necessary to effect the dissolution and shall provide for the taking of such measures as promptly as circumstances permit, subject to the provisions of this agreement. Upon dissolution of the Authority all remaining assets of the Authority, after payment of obligations, shall must be distributed among the then existing members in proportion to the number of their votes on the Board and in accordance with procedures established by the Board. The Authority shall will continue to exist after dissolution for such period, no longer than six months, as is necessary to wind up its affairs but for no other purpose. XII. TRANSITIONAL AND MISCELLANEOUS MATTERS Section 1. The activities of the Authority shall, are to be confined to telecommunications. sewage disposal~, gas and electric utilities, provided however, that the Authority may extend and broaden its activities to any other public utility as defined in this agreement by a 75% majority vote of all the votes of the Board of Directors, taken at a regular meeting of the Board. In the event the activities of the Authority are so extended and broadened, the Authority and its Board of Directors shall have all of the powers and duties with reference to any other public utility that ~The SRA has previously approved authority to monitor telecommunications and sewage disposal matters in accordance with the Agreement, but the Agreement has not been amended to reflect that. DJK109900 srs~ ~ o- ~ 10 it has with reference to gas, telecommunications, sewage disposal and electric utilities under this agreement. Section 2. The name of the organization created by this agreement may be changed when deemed appropriate by the Board, but only upon a 75% majority vote of all the votes of the Board of Directors taken at a regular meeting of the Board or by written action. If the name of the organization is so changed, the Board shall must provide in its by-laws for necessary measures to effect the change in official and unofficial documents, papers, and other essential respects. Section 3. It is the intention of the parties to this agreement that the organization created t-here~ hereby is the successor to the Suburban Rate Authority new in existence on the day prior to the effective date of this agreement. It is further the intention of the parties that any funds made available to the organization created by ~q~ this agreement from assets of the pr-esem prior Suburban Rate Authority zkall must be used exclusively for the purposes of this agreement. The adopted budget of the prior Suburban Rate Authority remains in effect until revised and until the new annual budget is adopted. The adoption of this a~reement does not affect or modify the obligation of members of the prior Suburban Rate Authority to make contributions authorized by the prior Suburban Rate AuthoriW. IN WITNESS WHEREOF, the undersigned governmental unit has caused this agreement to be executed by its duly authorized officers and delivered on its behalf. ,Minnesota (Governmental unit) By Its Mayor DJK109900 su~.~o-~ 11 By Its Manager Dated: ,199 tills Filed in the office of the ~a ......... finance director of the City of Columbia Heights __ day of , 199 DJK109900 12 SU160-3 CITY COUNCIL LETTER Meeting of: November 20, 1996 AGENDA SECTION: CONSENT ORIGINATING DEPA_RTMIENT: CITY MANAGER'S NO: 4 CITY MANAGER'S APPROVAL iTEM: ESTABLISH WORK SESSION DATE BY: W. FEHST NO: · DATE: 11-20-96 DA In December, the regular City Council meeting dates are December 2 and December 23, 1996. In planning for work sessions in December, the date of December 9 cannot be established as councilmembers will be out of town. Due to the holidays, many people will probably be out of town on December 30. Thus, the following work session date should be established for December: Monday, December 16, 1996, 7 p.m. RECOPIMENDED MOTION: Move to establish Monday, December 16, 1996, at 7 p.m. as a City Council Work Session Date for December. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: November 25, 1996 AGENDA SECTION: CONSENT ORIGINATING DEPT.: CITY MANAGER NO: ~t, FINANCE APPROVAL ITEM: RESOLUTION APPROPRIATING BY: WILLIAM E LRITE, i,~ BY: FUND BALANCES FOR CAPITAL DATE: 11/19/96 ~ z)'~.,~DAT E.. --- IMPROVEMENTS NO: ~, In the 1996 budget City Council appropriated $70,000 for an optical imaging system, scanner and related software for a central file system. At the October 14, 1996, meeting the City Council authorized staff to proceed with the optical scan project. In discussions at work sessions after the October 14th City Council meeting it was determined by the City Council that expenditures for the optical scan software, computer equipment, and necessary cabling was closely related to the Cable Television Fund, and that the expenditures for this equipment should come from the Cable Television Fund 225, thus freeing up the $70,000 in Fund 411, Capital Improvements-General Government Buildings, to be reappropriated to the Infrastructure Fund 430. This reappropriation will result in all of the optical scan equipment, cabling and software being charged directly to the Cable Television Fund 225. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt Resolution 96-__.; Resolution of the City Council of the City of Columbia Heights appropriating fund balances for capital improvements. WE:dn 9611191 COUNCIL ACTION: RESOLUTION NO. 96- RESOLUTION APPROPRIATING FUND BALANCES FOR CAPITAL IMPROVEMENTS WHEREAS, the City Council has reviewed the 1996 budget for Funds 225 (Cable Television), 411 (Capital Improvements- General Government Buildings), and 430 (Infrastructure); and WHEREAS, the expenditure for fiber optics cabling, computer equipment, scanning equipment, and software for the optical scan system is an appropriate use of Cable Television funds; and WHEREAS, there is a need for additional funding in the Infrastructure Fund; THEREFORE, BE IT RESOLVED that $70,000 is appropriated in the Cable Television Fund 225 for optical scan equipment, cabling, and software; and expenditures previously authorized for the optical scan equipment from the Capital Improvements-General Building Fund 411 be transferred to the Cable Television Fund 225; and BE IT FURTHER RESOLVED that the $70,000 budgeted in the Capital Improvements-General Government Buildings Fund 411 be appropriated as an operating transfer to the Infrastructure Fund 430. Passed this __ day of ,1996. Offered by: Seconded by: Roll Call: Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CITY COUNCIL LETTER Meeting of: November 25, 1996 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER' S NO: 4 CITY MANAGER ' S APPROVAL BY: ~ ITEM: APPROVE AMENDMENT TO THE GIS RANGE BY: W. FEHST RIDER PROGRAM BETWEEN THE CITIES OF DATE: 11-20-96 DATE FRIDLEY COLUM IA HEIGHTS DOWP For the past several months, I have been discussing a cooperative venture with the cities of Fridley and Andover regarding a GIS Range Rider program. On October 28, 1996, the Council approved the proposed contract. Since that time, it has been discussed among the parties involved that the fiscal agent should be the City of Columbia Heights, not the City of Andover, as was originally stated in the contract. The purpose of this item is to amend page 4, Section 2 to reflect this change. This is the only change being made to the contract. RECOMM/ENDED MOTION: Move to authorize a change of fiscal agent to the inter-local agreement for GIS services approved on October 28th, 1996, with the cities of Andover and Fridley. COUNCIL ACTION: CITY OF FRIDLEY 612 571 ~2~? P,Ot/O? (~rI'y C~ FRJDI.L-Y MUNICIIJ, AI. C:F_NTt~ *~,43 ! UNiV~tTY AVENUJ~ N.E.. FR;DLEr, HN 5S-'~3~ ~(6 f ~) ~;7 i -3~,50~ ~'.~_× ~ ! ~) E.? 1 - ! ~7 TO: Walt Fehst FROM: Bill Burns DATE: November 14, t996 PAGES (Including Cover Sheet): REMARKS: Walt: Here is thc joint powers agreement for the GIS Range Rider Program. it arrived from Andover this morning. Please note that Columbia Heights is listed as fiscal agent. I will be pu~ing kc agreement on Fridley's i i/25 Council meeting agenda. We will open proposals from consultants on Monday, i 1/18/96. Please let me know what you think. Tha,-Jcs. **NOTE** IF ALL PAGES HAVE NOT BEEN PROPERLY RECEIVED, PLEASE CALL SENDER. NOU-14-19~ 10:]5 ~ITY OF FRtDLEY 571 t.~7 P. 82/07 ~l~, GENERAL coordinate offals to p~ov~e GIS so--Ices tO ~he ~m~rs end s~ek ia;nj ~ndlng of a GIS Range R~er. 1V. S~Pg OF WOR~ ~ts organiza[ion s~a, ~e respenatb~ ~Or o~gan~lr~g an~ updating applications bes~ on ~e need of each of the ~mbem. Fu~h~re, organization shall Orovide various ~rm~ for training of GtS use~, d~elop proposals that w!ti e~able t~dividu~l ~m~ra to ~k ~uotes for various data gathering input tO their r~sO~ve G!S syste~, a~ to anal~e GI5 har0ware V. GOVER~NG BO~D ~e governing body of the organi~tion shail be a board consisli~g of per.ns ~o s~at! ~ the city ma~a~er!admini~rator m their aestgnees for the Section 1. ~ard members sha~ megt at least o~ce ennu~ly ~r the Durnase pi evaluating ~h~ work of the GiS ~nge Ride~ as ~i as d~!~ng the scope and 812 571 1287 the prov;~;on~ agree~nts es ~ d~ms nece~a~ to ma~e effe~ive any ~ower granted Agr~me~, t~ may conttac~ wltk ~ of Ill ml~l or o~rs ~o provt~e space, semite= ~ mete~a~ on behalf of ~he ~i. OiS~IB~iON OF 8ENEF~S Ail benefits of ~ GIS Range Ri~er sewices ar= to be r~ei~d equally by membe;s of ~he organization, The GIS ~nge R~er will generally proceed toward accomplishment of ltem8 tn hla/~r ;cope of se~s in at! ~he cities ~efore moving on ~o add~onal ;te~. The 01$ ~nge R;d=r wilt b= a~;lab~ ~ meet of the ;~ems tt$~d in the Sco~ of VUL FINANCES Section !. Mem~rs imen~ =o ~n~ ~ coat o~ ~ contrac: ~ ~ Gt~ c~n=ult~nt for ;he pa~r~n=a of ~a~ ~q~;rmd under the gcope of equat~y. T~e e=ttmat~ colt of ~uch ~ontrac: is ~,~.O0, Each c~ ~hat~ ~s ~hare. under thia Agr~menT. on a =ua~e~v bgsJs ~eginning on Jan~w 1, on zhe first ~ay of each ~a~er therea er. 3 NOU-t4-!996 10:35 CITY OF FRtDLEY 6i2 571 1287 P;84×07 ~h~t[ ~e~IOnat~ :ho Ci~ of Co!um~i~ He~gh~ m a~ as depos~o~ for erganizacion's funds. There s~uld ~ no ¢~ursemen: of organtzm~ ~nds ~om 5~ion 3. The CAy of Columbia Heights will receive ~Avoices ~om the · ~cordance with ~is Agree~t, The Ct~( ~f Cglumbia Heigh~ sha!~ 5~n 4. ~e Board s~ll make a finance; ~coundng rt~ :o re,in o~n and available for insp~on by memD~r~ at ~if rlasonabla ~ 6, An annual budget ~hell ~ ;~pted ~y the ~atd Ot the organizational m~ti~ and ~e annual m~fi~ each year. ~ies of tho shall be ~iled pro~t~ ~o the chief admini~mfive offi~ of ~ch m~ber. The budaet is d~m~ approved by t~ ~mbe~s ~t o~ who, K iny ~me prior w~hd~w;~ ~om ~ organ~e~n. 612 571 1287 85/87 ~05 IX. INDEMNIFICATION Each member Iheli fully indemnitY and hold harmless the Other members again~ ali claims, losses. ~m~es. liability. !awaui~. judg~nte, costa and exoe~se~ by reason of actio~ or in,ion of i~s employees as~lgn~ m the organization. The Agreement to Ind~ni~ and Hold Har~s~ doe~ n~ con~e a waiver ~y any membe~ of l;~a~n~ o, liability prov~ed by Mln~ots X, DUBA~ON ~is Ag~ee~nt shail t~ka fo~ca and ~ffe~ when ali thee membera~ ~sted This sign~ Ag~eam~n~ S~t be flied wl~h [he C~ Cle~ In [he Cl~ of And~ve~, Se~n 1. Thil Agreeme~ shall termite on D~cem~P 31. 1997 axte~ed by fu~h~ ~greement of the Section 2. ~is Agree~m can be ~rmlfllt~ ~ any ti~ ~ the ~e~ton 3. U~n termination of th~ Agrae~. all prope~ of the organization sh;ll be so~ or di~ribu~ed to the me~ber~ ;n prolog;on to the con~!buflons of each ~mber of this Agr~nt. 8eot!on a. Governmental unt~ wish~g to ~o~ ~mbem aher the eff~tve ~a:e of thls Agraemen~ m~y be ad~ only u~on ~e ~vo~le vote of two-th~rda (2/31 of the voice of the membera of the ~ard. Financial co~HbutiOna NOU-14-1D96 !8:36 CITY OF FRtDLEY 612 571 1287 ~. 3B4 member~h~ ms declined by the board. IN Wt~ESS WHEREOF, the undersigned gove(n~n~! units, by a~lo~ of ~elr governing bodies, have caused th~ Agreement to be executed i~ accordan~ Approved by the City Council CITY OF ANDOVER 8¥, Ti~e Date of Signature Tlt~ Date of Signature_ ., AODfoved by the City Council ,199_. CiTY OF FRIDLEY Tit~ Date of Signature By Title Da~e of $tgn~ure HOU- t 4-1 10:56 CITY OF FRtDLEY 612 571 1287 Po07/87 Approved by the City C, oun~ii iI GIT)' OF COLUMUlA HEJGHTS By T~tle Title TOTAL NOU-I3 % I6.~ FROM: -F55-E~;9~75 T0~,612 782 26~3i CITY of ANDOVER t655 C.,ROSSTOWN BOULEVARD N.W. ,e ANDOVER, MINNESOTA 55304 * (~12} 755-5100 FAX TRANSMITTA L, SHEET_ Company: C ,' 4-,s ,, ~q Fax Number: ......... Company: City of Andover Fax Nuntber:__ (612) - .755 - 8923 Number of Pages (including this transmittal form):__~_~~ Comments: The infonnation._contain~in this_facsimile is con_E~__.nt~l information i_ntended_o_nly _for the.use of the indi~dual or entity_ named abov~ If all pages were not received or if ther~ ~re question~ regarding this information, please call the person listed above at (612)-755-$100. Ao~over, a municipal corporation, the Ci~ of Fr~ley, ~ munlcipal ~r~ra~ion, and the Ci~ of Columbia Heights, a mu~ip~i cgr~rati0~, i. The pa~ies to this Agreement ara governmental units of t~ Sta~e of Minnesota. ~s Agreement is made pursuam to Minnesota ~tat[~as, Section ~71.59, as amended. tt, DEFINmONS For the purpose of (ht~ AgreemenL ;h~ ~erms defined in thl~ Secdon I. 'Organization' me~s the ~int and ~oop~rative created by this Agreement. Section 2. *B~rd" ~ena the ~ard of directors es~b~shed by A~icle v. Section 3. 'Councii' meanl the governing boor of [he Oovern~ntal unk, 5action 4. 'Mem~r' meen~ the Oovemmentai unit ~ich has entered into and become a pa~ to this Agreement. Section 5, 'GIS' meens geograoh~ l~f~t~n syste~, Section 6, 'GIS Range Rider' ~ans the person or firm hired m provide GIS technical asllsta~e ~ ~ organ~ation a~ tulftti the tasks Appendix A, 'Requeat fo~ Proposals," tit. GENERAL PURPOSE The general ~urpo~e of thi~ Agreement ~ to establish ~n or~anizet~n coordinate afro--s to provide GiS lemices to the ~m~e~ ~nd seek joint fundi~ Of a GIS Range Rider. IV. SCOPE OF WORK aO~J~cations based on ~e ~d of each of the ~mbe~. Fu~hermnre, the organization ~hatl 0mvide various form~ for ttaini~ Of G!S usem, deve~ pfopos~is that witi enable indJv?duai ~mbers m seek quotes for various d~ gathering input to their res~ectlve GIS systems, a~d to analyze GtS hardwar~ each of the n~embe~ cltiea and the revering of advlge r~lative to th~ ne~rklng hardware {n a~ among the three V, GOVERNING ~OARO The governing b~y of the organi[ation sh~il be a board consisting of three persons who shall be the ciW ~anagerl~min~atOr ~ their designees for the ~. ME~tNGS' Section 1. 8oard mem~rs shall meet at least once annually ~r the of evaluating ~he work of ~e GIS ~nge Rider as ~11 al ~eflning the a¢o~ and e0~t of wor~ tO be Completed in the ne~ ca!enda~ year. ~e ~ar~ ~ha~i con~uCt a ' ! !/!~ 16:47 T$5-89~5 TO; 6i~ T8~ L:~i PA_C~_: _~4 meeting On O~ t)efOte OCtober I, 1997 or such ~lay aa they agree ui~on in ~ucceeding year=, ;f 1h~ Agreement hca been extended by th~ ~.~iea Dur~uent to the provisions herein~ Section 2, The Board may m~ke such ¢ontract~ and er~ter into such agreements as it deems rmcessary to ~ke effective a~ power gr~nted by this A~reem~nt, It ~y con~ract wtIh ~ny Of i~S members ~ o~rs to provide ~pace, ae~ice~ or motorola on bahatf of the ~gan~z~gn. ~!. DIS~!~TtON OF BEN~F~g m~mbers of the orgentzmj~. The GtS Range R~der will generally p~eed on m additional itema, The GIS ~n~e Ride~ wltl b~ evaii~b~ to of ~e items listed in ~e Scope of Vii!, FINANCES Section 1. Members irlten~l to fun~ the Colt Of a contract wttJ1 a con~u!tant for the Pederman~e ef ~a~ Menti~d ur~d~r the ~ope of oqual~. The e~tJmated ~oat of such ~ontract i~ '~,~,~, EaCh ~;~ ~ share, under this Agreement, o, a qua~edy basis beginning o~ Janua~ 1, 1997 a~ o~ t~ fltS~ ~ay Of ~ach q~er thema~er. 3 16:47 Lt:~al CF..tCES 2;~40 4TH CLUE. ~ ,755 8923 N0.3'84 ~ Section 2. The organt2ation's funds may be expanded by ~he Eloe(cl ;n accordance with th[I Aoreement in a manner determined by ~he ~ard. The Board shal~ designate :he City of Columbia Heights to act as dep0s~0~ ~r the least ~o b~td members, Section 3. The C~ of Columbia Heights wilt ra~elve i~ces ~em the consultant and gay the consultant on a ~nthly balls f~r hisser ~rk in -~cor~ance wit~ this Agreement, ~e Ci~ of ColumBia Heights Shall be responsible for maintenance of any grant ~venue or other fevenu~ ¢oli~ted by the a~hority, l~terest cold,ed by fundl on behalf of the autho~i~ shall ~ t~ orooe~ of t~ Se~n 4. ~e Board s~ll make a financial accouming te~ to the S~n S. An annual budget shall ~ a~pted by the ~ard at the ~-ganizational meeting and the annual m~ti~ each year, Coates of the budget shall be malied ~¢omptly to the chief administrative offi~ of each mem~r. The budget is deemed approve~ ~y t~e members excel[ o~e who, at any ~e prior ~o the annual meeting, ylv~ notice in wrEing to other ~m~ra that he la w!t~rawlng ~om the organization. NOU-13 96 I6."1~ FROH:' T55-89E5 TO'~6i~ ~-~ ~8~i P~GE.~_~6 ,li,'i3/~b 1~:4'~ LF~ L~[CES 214~ 4TN ~ -~ ~ 89~3 NO, JS4 ~5 Each member ~haii fufiy ind~mni~ and hold ha~mles~ the ~her me~r~ o~gani~ation, The Agreemen~ ~0 lndemni~ a~d Hold Harm/ess does not cons~it~e X. DURA~ON ~Is Agree~nt shall ~ke ~me and eff~t when all thee Paragraph 1 of this Agreement. sign it, AIl ~mber~ need no~ s~a~ the sa~ copy. This signed Agr~;~nt ahall be filed with the CtW C!erk in the Ci~ of Andover, Sectio~ 1. This Agre~me~ shaft terminate on December 31. 1997 unle~ exte~ed by fu~her ~gmement of the paAies. Section 2, This Agreement can be termina~ at any tim ~ the wr~en agr~e~nt of ~o-~htr~s (2/3) of ~he ~ard S=~ion 3. U~n ~ermine~on of thi~ Agree~, ell organizatinn shall be ~o~ ~r distributed to the mem~ ;n propo~7on ~o the con~ibutlons of each member of this Sect!0~ 4. ~vernmental units wishing to ~oms membe~ aher the effective ~a~e of this Agreement may be admi~e~ only UpO~ the ~avorable vo~e et two-third= (213) of thc voice of thc members of th~ board, Flnancie! end re:~l~on~ibtNty of any new!~· odn~{tted member ~hai! be pro~azed to ~he dJte of membargh~p a~ data,mined by the board. IN WITNESS WHEREOF, the undersigned governmental units, by action of their governing bOd;es, have caused this Agreement ~;0 be executed ~n accordance wl~h ~he au~h. ori~y of ~lnn~sota statu~es, S~c~ton 471 Approved by the City Council ~ OF ANDOVER , , t99._._, ay_. T~t~ .-' D~te of Signature AoDroved by the City Coun¢lJ Title ClT~ OF ~RtDLEY Dote of Signature __ Title ,1L/~//'~ 1&;47 L~ OFfiCES 214~ 4TH AVE -> 75~ 8923 Approved by the Ci~/Councit By T~I~ __ Data of 7 CITY COUNCIL LETTER Meeting of: November 25, 1996 AGENDA SECTION: NO. /4 CONSENT ITEM: Donation NO. ORIGINATING DEPARTMENT POLICE BY: Thomas M. Johnson DATE: November 20, 1996 CITY MANAGER APPROVAL' DATE: -- In September, 1996, the Columbia Heights Police Department started a program that uses members of our community who have community service time to serve to clean up graffiti within the community. As part of this program, we had a need for paint brushes, drop cloths, paint, etc. The Columbia Heights VFW Post W230 generously donated $75 toward the purchase of these items. As recognition for this donation, the Columbia Heights Police Department recommend the following motion. RECOMMENDED MOTION: Move to accept a donation of $75 from the local VFW Post ff230 to be used toward the purchase of paint brushes, drop cloths, paint, and other items required in the graffiti clean up program. TMJ:mld 96-478 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 11/25/96 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: /,~ CITY MANAGER NO. /4 PUBLIC WORKS i~[~,~ ~~ ITEM: AUTHORIZATION TO SEEK BIDS FOR BY: M. Winson r"[/~'-- B NO. RECYCLING CENTER %~,I A t ~t~)DATE:Il~18~961 DATE: A portion of the funding for the cold storage building that was constructed last winter came from the solid waste fund. The intent in providing this funding is to provide enclosed space within this building for the Recycling Center. Funds are included in the proposed 1997 budget for installing a concrete floor for the non-Recycling Center area. Funds have not been budgeted for the Recycling Center area. The 1996 budget includes $25,000 for improvements to the MSC storage yard. These improvements will not be done at this time. Staff proposes to use approximately $7,000 of this funding to have the concrete floor in the Recycling Center area (1,800 S.F.) of the storage building. We would also seek quotes for having the entire floor (6,400 S.F.) done in case concrete prices are reasonable. RECOMMENDED MOTION: Move to authorize staff to seek quotations for the installation of concrete flooring in the new cold storage building. MAW:jb 96-610 COUNCIL ACTION: BRC FINANCIAL SYSTEM 11121/96 15:29:05 Check History FUND RECAP: FUND DESCRIPTION DISBURSEMENTS 101 GENERAL 42,t56.54 201 COMMUNITY DEVELOPMENT FUND 2,541.29 202 ANOKA COUNTY CDBG 1,726.56 205 PARKVIEW VILLA NORTH 8,881.60 204 ECONOMIC DEVELOPMENT AUTH 92.68 205 SECTION 8 1,674.45 212 STATE AID MAINTENANCE 4,597.50 2!5 PARKVtEW VILLA SOUTH 2,945.25 225 CABLE TELEVISION 825.25 255 RENTAL HOUSING 2,288.I! 240 LIBRARY 2,446.00 250 COL HGHTS AFTER SCHOOL ENRI 201.92 402 STATE AID CONSTRUCTION 54,915.54 406 MEDTRONIC DEVELOPMENT !68.00 4t! CAPITAL tMP-GEN GOVT. BLDG 5,048.20 412 CAPITAL IMPROVEMENT PARKS 1,622.99 601 WATER UTILITY 69,254.95 602 SEWER UTILITY 1,497.89 605 REFUSE FUND 97,272.85 609 LIQUOR 115,089.!8 65t WATER CONSTRUCTION FUND 4,152.50 652 SEWER CONSTRUCTION FUND 52,749.35 701 CENTRAL GARAGE 5,908.65 710 ENERGY MANAGEMENT 7~419.55 720 DATA PROCESSING 4~239.09 880 PERMIT SURCHARGE 57.50 881 CONTRIBUTED PROJECTS-REC 214.27 885 CONTRIBUTED PROJECTS-GEN 528.58 884 INSURANCE 29,446.t2 885 ESCROW 216~!47.9! 887 FLEX BENEFIT TRUST FUND 624.28 TOTAL ALL FUNDS 694~510.29 CITY OF COLUMBIA HEIGHTS GL060S-V05.00 RECAPPAGE GL540R BANK RECAP: BANK NAME DISBURSEMENTS BANK CHECKING ACCOUNT 694~510.29 TOTAL ALL BANKS 694~510.29 BRC FINANCIAL SYSTEM 11121196 15:2 Check History I1/25796-COUNCIL LIST CITY OF COLUMBIA HEIGHTS. GL540R-¥05.00 PAGE BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT AIR TOUCH CELLULAR 62202 49.58 AMERICAN LINEN SUPPLY CO 62203 t3.07 BELLBOY BAR SUPPLY 62204 255.81 BELLBOY CORPORATION 62205 8,385.10 CENTRAL POWER DtSTRtBUTO 62206 150.74 COLLOVA/CARMELO 62207 2,0t6.00 EAST S'!DE BEVERAGE CO 62208 !9,294.60 FOUR SEASONS SERVICE 62209 405.00 FUERST/BRYON 62210 I5.01 GENUINE PARTS/NAPA AUTO 62211 76.60 GR!GGS-COOPER & CO 62212 12,742.33 HAPPY FACE ENTERTAINMENT 62213 t59.80 HOHENSTEtNS tNC 62214 2,760.10 IMAGING 62215 17.95 JOHNSON BROS. LIQUOR CO. 62216 1,002.79 LAWSON PRODUCTS tNC 62217 84.59 MINTER-WEISMAN 62218 1,756.08 N S P 62219 50.28 NORTH STAR ICE 62220 364.52 PARTS PLUS 62221 52.40 PETTY CASH - GARY BRAATE 62222 i!5.4! PHILLIPS WINE & SPIRTS 62223 16~62!.05 PRIOR WINE 62224 8!1.62 PRO CD INC 62225 88.00 PROEX PHOTO SYSTEM 62226 7.05 QUALITY WINE & SPIRITS 62227 2,568.56 STAR TRIBUNE 62228 527.22 WOODLAKE SANITARY SERVIC 62229 48,623.07 ANDERSOn/ANN 62251 42.00 ASPEN MILLS, INC. 62232 49.50 BELLBOY BAR SUPPLY 62235 68.40 BELLBOY CORPORATION 62254 1,215.40 BOESPFLUG/MtCHAEL 62235 t87.05 CHOWEN/JOHN 62236 4.00 COCA-COLA BOTTLING MIDWE 62257 2,I01.29 DELEGARD TOOL CO. 62238 64.14 DRIVEWAY DESIGN INC 62239 54~915.54 FISHBECK/DAN 62240 15.00 GENUINE PARTS/NAPA AUTO 62241 51.54 GRtGGS-COOPER & CO 62242 5,008.88 GRIMES/LISA 62243 503.84 HARRtS/MAR!LYN 62244 200.00 HERBERT/JOHN 62245 20.75 HOHENSTEINS INC 62246 2~050.55 J H LARSON ELECTRIC COMP 62247 257.I7 JOHNSON BROS. LIQUOR CO. 62248 23~560.88 LEStNSKt/NAWOJKA 62249 15.00 BRC FINANCIAL SYSTEM tl/21/96 15:2 Check History 11/25/96-COUNCIL LIST CITY OF COLUMBIA HEIGHTS BL540R-V05.00 PAGE 2 BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT LITTLE JACKS STEAKHOUSE 62250 220.00 METROPOLITAN COUNCIL MET 62251 1,581.99 MEYER/DAWN 62252 !~726.56 MtLLER-TSCH!DA/KtMBERLY 62253 i52.84 MtNNEGASCO 62254 4~928.46 MINNESOTA WINEGROWERS CO 62255 235.00 MINTER-WEtSMAN 62256 2,603.t4 MN DEPT OF REVENUE 62257 8,782.00 N S P 62258 22,112.09 PARK SUPPLY INC 62259 279.35 PEPSI-COLA-7 UP 62260 674.21 PETTY CASH - JANICE MCGH 62261 t4.46 PETTY CASH - KAREN MOELL 62262 72.61 PHILLIPS WINE & SPIRTS 62265 3,24!.68 PRIOR WINE 62264 1,565.29 QUALE/RANDALL H 62265 52~.47 QUALITY WINE & SPIRITS 62266 2~620.39 SAMS ~6310 62267 95.00 SEARS COMMERCIAL CREDIT 62268 124.32 STAR TRIBUNE 62269 56.94 TRIPLE T ENTERPRISES 62270 45.00 U S WEST COMMUNICATIONS 62271 2,375.!0 ZINN/EVELYN 62272 50.00 AFSCME 62278 828.20 ANOKA COUNTY SOCIAL SERV 62279 588.00 BECKER COUNTY CHILD SUPP 62280 48.38 DCA INC. 62281 2,206.05 DENT!CARE 62282 2t5.18 FIRST COMMUNITY CREDIT U 62283 1,920.00 GREAT WEST LIFE & ANNUtT 62284 4,410.50 ICMA RETIREMENT TRUST 45 62285 6,729.94 ISANTt COUNTY FAMILY SER 62286 163.44 MINNESOTA MUTUAL LIFE 62287 592.50 MN STATE RETIREMENT SYST 62288 939.00 NORTHEAST STATE BANK 62289 39,660.06 NORWEST BANK - PAYROLL A 62290 I30,669.45 PERA 62291 22,135.73 PERA - DEFINED CONTRIBUT 62292 94.62 PERA - FIRE RELIEF 62293 389.53 PERA LIFE INSURANCE 62294 t86.00 PERA POLICE RELIEF CONSO 62295 t~286.57 PRUDENTIAL LIFE tNSURANC 62296 654.65 RAMSDELL SCHOLARSHIP FUN 62297 55.25 STANDARD INSURANCE COMPA 62298 482.i4 STATE CAPITOL CREDIT UNI 62299 I~620.00 UNION 49 62300 609.00 UNITED WAY 62301 t20.00 BRC FINANCIAL SYSTEM 11/21/96 15:2 Check History tl/25/96-COUNCIL LIST CITY OF COLUMBIA HEIGHTS 6L540R-V05.00 PAGE 3 BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT A T & T CONSUMER PRODUCT 62303 47.82 AB COMMUNICATIONS INC 62304 76.00 ABELMAN COMPANY/ THE 62305 236.00 ACE HARDWARE 62306 324.32 AEC ENGINEERING 62307 4,132.50 AIR TOUCH CELLULAR 62308 5.40 ALL FIRE TEST INC 62309 30.28 AMERICAN AGENCY INC 62310 143352.00 AMERICAN LIBRARY ASSOC 62311 94.40 AMERICAN LINEN SUPPLY CO 62312 I47.58 AMERICAN RUG LAUNDRY 62313 98.97 AMERICAN WATER WORKS ASS 62314 90.00 AMi 62315 142.50 ANOKA COUNTY LIBRARY 62316 633.22 ANOKA COUNTY PROPERTY RE 62317 1,622.99 ANOKA COUNTY SHERIFFS DE 62318 68.16 APACHE GROUP OF MN 62319 180.07 ARAMARK 62320 403.72 ASPEN MILLS, INC. 62321 199.00 BAKER & TAYLOR 62322 133.58 BAKER & TAYLOR E~TERTAIN 62323 18.05 BARNA GUZY & STEFFEN LTD 62324 !55094.i2 BAUER BUILT TIRE & BATTE 62325 296.63 BERNICK AND L!FSON 62326 823.25 BIFF'S,INC. 62327 383.56 BN SERVICES 62328 !75.73 BOOKMEN tNC/THE 62329 264.i6 BOYER TRUCK PARTS 62330 !18.79 CARTE GRAPH SYSTEMS 62331 33325.00 CENTRAL STORES 62332 23!.17 CHASKA CHEMICAL CO INC 62333 85.85 CITY OF COLUMBIA HEIGHTS 62334 55.00 CITY WIDE LOCKSMtTHING 62335 35.94 CLEVELAND COTTON PRODUCT 62336 i81.85 COCA-COLA BOTTLING MtDWE 62337 61.25 CONSOLIDATED PLASTICS CO 62338 60.83 COPY EQUIPMENT INC 62339 126.72 CRYSTEEL TRUCK EQUIPMENT 62340 274,77 CSC CREDIT SERVICES 62341 40,00 CURTIS i000 62342 1~607.68 D C HEY COMPANY 62343 240.22 D O'S MUNICIPAL SUPPLIES 62344 10t.98 DALCO ENTERPRISES INC 62345 130.06 DANKO EMERGENCY EQUtPMEN 62346 !20.00 DAVIES WATER EQUIP CO. 62347 23577.17 DUO CHEM INC 62348 291.81 EBERT PLUMBING 62349 2,850.00 BRC FINANCIAL SYSTEM 11/21/96 15:2 Check History l!/25/96-COUNCIL LIST CITY OF COLUMBIA HEIGHTS GL540R-V05.00 PAGE 4 BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT EMEB CO ONC 62350 91.75 ENVIRONMENTAL SYSTEMS RE 62351 4,052.00 FACILITY SYSTEMS 62352 1,228.80 FIRST CHOICE HOMES 62353 749.50 FLEX COMPENSATION, INC 62354 t90.00 G E CONSUMER SERVICE 62355 79.95 GASB ORDER DEPT 62356 t35.00 GEBERT FLOOR COVERING IN 62557 225.00 GENERAL SAFETY EQUIPMENT 62358 250.00 GOOD MD/ DR GARY 62359 60.00 GOPHER STATE ONE-CALL IN 62360 141.75 GOV'T TRAINING SERVICE 62361 I55,00 GREENWORKS 62562 t3~674.00 HASSAN SAND & GRAVEL 62363 634.22 HEIGHTS ELECTRIC INC. 62364 3,066.25 HENKE MFG CORP 62365 361.75 HIGHSMITH tNC 62366 I64.59 HILLTOP TRAILER SALES IN 62367 i9.58 HOLIDAY STATION 62368 12.00 HOSPITALITY SUPPLY COMPA 62369 36.74 INStTUFORM CENTRAL, tNC 62370 32,749.35 OAS tNC 62371 15.73 K MART 62372 97.85 KODAK/EASTMAN 62373 700.00 LANDMARK ORTHOPEDICS 62374 i23.34 LEEF BROS. 62375 t15.23 MAILE ENTERPRISES INC 62376 655.2! MARTIN-MCALL!STER 62377 816.00 MASYS CORP. 62378 821.78 MAUMA 62379 30.00 MAYTAG SERVICE CENTER 62380 54.01 MCC BEHAVIORAL CARE INC 62381 471.42 MEDTOX LABORATORIES, INC 62382 28.50 MENARDS CASHWAY LUMBER-F 62383 316.35 MIDWEST BUSINESS PRODUCT 62384 726.41 MIDWEST LOCK & SAFE 62385 20.28 MINNEAPOLIS EQUIPMENT CO 62386 i16.0t MINNEAPOLIS FINANCE DEPT 62387 56~792.47 MINNESOTA SHREDDING LLC 62388 48.00 MN COMM PAGING 62389 175.73 N S P 62390 1,085.74 NATIONAL INFO. DATA CENT 62391 46.90 NEI COLLEGE OF TECHNOLOG 62392 620.97 NELSON CHEESE AND DELI 62393 71.40 NEWMAN SIGNS 62394 t40.58 PAM OIL INC 62395 53.57 PARKVIEW VILLA RESIDENT 62396 1,203,75 BRC FINANCIAL SYSTEM tl/2!/96 15:2 Check History tl/25/96-COUNCIL LIST CITY OF COLUMBIA HEIGHTS 8L540R-V05.00 PAGE 5 BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT PARTS PLUS 62397 44.34 RADIO SHACK 62398 26.61 RAPtT PRINTING - NEW BRI 62399 16.33 RENTAL RESEARCH SERVICES 62400 50.00 SEELYE PLASTICS 62401 2~942.15 SOUTHERN ANOKA COUNTY CH 62402 6.50 SQUEEGEE PRO WINDOW CLEA 62403 53.25 ST PAUL BOOK & STATIONER 62404 38.20 STAR TRIBUNE 62405 148.59 STREICHER GUN'S INC/DON 62406 t25.65 SUBURBAN RUBBER STAMP 62407 8.04 SYSTEMS SUPPLY INC. 62408 46.77 TCT NETWORK 62409 369.90 TOWN & COUNTRY OFFICE CL 62410 3,040.58 TROPHIES BY LINDA 62411 !10.76 TURNQUIST !NC 62412 20!.80 UNIFORMS UNLIMITED !NC 62413 !85.98 UNIVERSITY OF MINNESOTA 62414 95.00 UTKE PROPERTY MANAGEMENT 62415 I~640.00 VALUE VIEDO DISTRIBUTORS 62416 25.98 VAN-O-LiTE 62417 6.39 W & W GENERATOR REBUILDE 62418 19.36 W W GRAINGER 62419 85.09 WATER PRO 62420 !9.97 WEST PHOTO 62421 23.73 WOODLAKE SANITARY SERVtC 62422 48~623.07 WURTH USA 62423 97.98 ZARNOTH BRUSH WORKS, INC 62424 423.87 ZEP MANUFACTURING COMPAN 62425 215.09 694,3t0.29 BRC FINANCIAL SYSTEM I1/21/96 !5:2 BANK VENDOR REPORT TOTALS: CITY OF COLUMBIA HEIGHTS Check History GL540R-V05.00 PAGE 6 tl/25/96-COUNCtL LIST CHECK NUMBER AMOUNT 694~10.29 RECORDS PRINTED - 000989 '['O CITY COUNCIL NOVEMBER 25, 1996 *Signed Waiver Form Accompanied Application 1996 BUSINESS LICENSE AGENDA APPROVED BY CONTRACTORS t, ICENSED AT FEES BLDG INSPECTOR 'Braastad Landscape, Inc. 'DJ's Heating & Air Cond. *Fireplace Showroom, inc. *Judson Enterprises dlbta K-Designers *Master Gas Fitters 15245 Hwy. 65 N.E. 6060 LaBeaux Ave. N.E. 225 Cty. Rd. 81 10650 Co. Rd. 81 2240 Shawnee Drive 840.00 40.00 40.00 40.00 40.00 license.ag CITY COUNCIL LETTER Meeting of: November 25, 1996 AGENDA SECTION:~ PUBLIC HEARINGS ORIGINATING DEPARTMENT: CITY MANAGER'S NO: APPROVA'Lz ITEM: FIRST READING OF ORDINANCE NO. !3~_ BY: LIN-DA L. MA NO: ~, ~' DATE: 11-5-96~' Attached is proposed Ordinance No. 1338, which contains language~h~n~es to Chapter 3, Article IV, of the City Code pertaining to general provisions of the personnel policy. The primary change to this section of the code is the proposed addition of language addressing criminal history checks. Currently, the Police Department conducts background checks on prospective new employees which are limited in scope. In order to allow the City to conduct criminal history background checks utilizing the National Crime Information Center, there must be an ordinance in place authorizing such investigation. Passage of this ordinance would accomplish this. As the above change is proposed for this section, the entire section of the code was reviewed. As a result, additional changes are proposed to this section to update and reflect current protections under the law and current practices. RECOMN!ENDED MOTION: Move to waive the reading of the ordinance, there being ample copies available to the public. RECOMMENDED MOTION: Move to schedule the second reading of Ordinance No. 1338 for December 2, 1996, at approximately 7 p.m. COUNCIL ACTION: CiTY COUNCIL LETTER -Meeting of: November 25, 1996 AGENDA SECTI©N:9 PUBLIC HEARINGS ORIGINATING DEPARTMENT: CiTY MANAGER'S NO:~ APPROVAL, NO: ~,~ DATE: 1!-5-96~[~ DATE: .... Attached is proposed Ordinance No. 1338, which contains language ~s to Chapter 3, Article IV, of the City Code pertaining to general provisions of the personnel policy. The primary change to this section of the code is the proposed addition of language addressing criminal history checks. Currently, the Police Department conducts background checks on prospective new employees which are limited in scope. In order to allow the City to conduct criminal history background checks utilizing the National Crime Information Center, there must be an ordinance in place authorizing such investigation. Passage of this ordinance would accomplish this. As the above change is proposed for this section, the entire section of the code was reviewed. As a result, additional changes are proposed to this section to update and reflect current protections under the law and current practices. RECOMMENDED MOTION: Move to waive the reading of the ordinance, there being ample copies available to the public. RECOMMENDED MOTION: Move to schedule the second reading of Ordinance No. 1338 for December 2, t996, at approximately 7 p.m. COUNCIL ACTION: ORDINANCE NO. 1338 Being an ordinance amending Ordinance No. 853, City Code of 1977, and Pertaining to General Provisions of the Personnel Policy. The City of Columbia Heights does ordain: Section 1: Section 3.401 (2), of Ordinance 853, City Code of 1977, which currently reads as follows, to wit: Employment in the City government shall be based on merit and fitness, free of personal considerations. No person shall be discriminated for or against in such matters as recruitment, examination, appointment, tenure, compensation, classification, or promotion or in such matters as conditions, facilities, or privileges of employment because of his or her race, color, creed, religion, national origin, physical disability (where such disability does not interfere with the completion of assigned duties) or sex. The Manager shall designate an Affirmative Action Officer from the administrative service to formulate and recommend to the City Council a program of positive action by the City to insure that the aforementioned principles are followed. The Affirmative Action Officer shah advise the Council and the Manager on implementation methods for said program. is hereby amended to read: Employment in the City government shall be based on merit and fitness, free of personal considerations. No person shall be discriminated for or against in such matters as recruitment, examination, appointment, tenure, compensation, classification, or promotion or in such matters as conditions, facilities, or privileges of employment because of his or her race, color, creed, religion, national origin,v-;~"~;~'o~ .~o--~**~.,~"°~'"~" (where. ~uc~.. ......... ~nt,~; ....... . ................. ~ ............ ~ ......... ~ ~. sex, m~ml s~tus, status with re~d to public ~sist~ce, membership or activity in a loc~ commission, disability, sexual o~enmfion, or a~e. The Manager shall designate an Affirmative Action Officer from the administrative service to formulate and recommend to the City Council a program of positive action by the City to/e_nsure that the aforementioned principles are followed. The Affirmative Action Officer shall advise the Council and the Manager on implementation methods for said program. Section 2: Section 3.401(3), of Ordinance 853, City Code of 1977, which currently reads as follows, to wit: The personnel policy contained in this Code is not intended to be an exclusive statement of all rights and duties of the employees of the City. The City Manager' is authorized herewith to prepare a detailed personnel policy manual for submission to the Council and approval thereof by resolution of the Council; provided, however, that such manual shall not be in conflict with this Code or with the powers reserved to the Council to enact by ordinance pursuant to Section 54 of the City Charter. The policies and procedures as hereinafter provided by this Article shall apply to all personnel except: (a) elected officials and members of boards and commissions, (b) volunteer personnel and personnel appointed to serve without pay, (c) consultants rendering temporary professional services, (d) positions involving seasonal or temporary employment, (e) employees classified under the Joint Police and Fire Civil Service Commission, (f) the City Manager. is hereby amended to read: The personnel policy contained in this Code is not intended to be an exclusive statement of all rights and duties of the employees of the City. The City Manager is authorized herewith to prepare a detailed personnel policy manual for submission to the Council and approval thereof by resolution of the Council; provided, however, that such manual shall not be in conflict with this Code or with the powers reserved to the Council to enact by ordinance pursuant to Section 54 of the City Charter. fA\ Section 3. Section 3.401 (4), of Ordinance 853, City Code of 1977, which currently reads as follows, to wit: Just and equitable incentives and conditions of employment shall be established and maintained to promote efficiency and economy in the operation of the City government. (a) Appointment4, promotions, and other actions requiring the application of the merit principle shall be based on systematic tests and evaluations. (b) Tenure of employees covered by this section shall be subject to good behavior, the satisfactory performance of work, availability of work and the availability of funds. is hereby amended to read: Just and equitable incentives and conditions of employment shall be established and maintained to promote efficiency and economy in the operation of the City government. (a) Appointments, promotions, and other actions requiring the application of the merit principle shall be based on systematic tests and evaluations. At the direction of the City Manager, or his/her designee, the police department is authorized to conduct criminal history background investigations on applicants for positions with the city, as provided by this section. This section applies only to apphcants who are finalists for paid or volunteer positions with the city, where the city manager, or his/her designee, has determined that conviction of a crime may relate directly to the position sought. The police department may not perform a background investigation unless the applicant consents in writing to the investigation and to the release of the investigation information to the city manager and other city staff as may be appropriate. An applicant's failure to provide consent may disqualify the applicant for the position sought. If the applicant's apphcation is reiected due solely or in part to the applicant's prior conviction of a crime, subject to the exception set forth in Minnesota Statutes. section 364.09, the city manager, or his/her designee, must notify the applicant in writing of the following: a_)_ the grounds and reasons for the rejection; the applicable complaint and grievance procedure set forth in Minnesota Statutes, section 364.061 c) the earliest date the applicant may reapply for employment; and that all competent evidence of rehabilitation will be considered upon reapplication. Tenure of employees covered by this section shall be subject to good behavior, the satisfactory performance of work, availability of work and the availability of funds. Section 4. This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. Offered by: Seconded by: Roll Call: First Reading: Second Reading: Date of Passage: Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CITY COUNCIL LETTER Meeting of: Noverber 25, 1996 AGENDA ~ECTION: ORDINANCES AND RESOLUTIONS ORIGINATING DEPARTMENT: CITY MANAGER'S NO: ' OFFIC~ APPROVAL , ~. ITEM: Second Reading of Ordinance 1334, BY: JEAN KUEHN ( ~-- BY: Pertaining to Garbage, Rubbish & DATE: November 21,'p996 DATE: No:Recyclable Materials ~ ~, · Attached is proposed ordinance 1334, which contains necessary language changes to Chapter 8, Article III, of the City Code pertaining to garbage, rubbish, and recyc!able material to reflect our current practice of collecting yardwaste from the front curb. This change to front curb collection for all residents was discussed and approved by the council previously, but the ordinance had not been changed. Currently, all portions of the city, not withstanding the existence of an alley, place yardwaste on the front curb for collection. Additionally, the ordinance changes the definition of "yard waste" to make it more inclusive for purposes of our collection process. The current definition was created and used by Anoka County staff and in reference to what was acceptable at their composting facilities. First reading was held on November 12, 1996. RECOPIMENDED MOTION: Move to waive the reading of the Ordinance, there being ample copies available to the public. RECOMMENDED MOTION: recyclables. Move to adopt Ordinance 1334 pertaining to garbage, rubbish and COUNCIL ACTION: ORDINANCE NO. 1334 , BEING AN ORDINANCE AMENDING NO. 853, CITY CODE OF 1977 AND PERTAINING TO GARBAGE, RUBBISH _AND RECYCLABLE MATERIAL The City of Columbia Heights does ordain: Section 1: Section 8.301 (1) d of Ordinance 853, City Code of 1977, which currently reads as follows, to wit: 8.301(1) (d) "Yard Waste" shall mean grass, clippings, leaves, weeds, garden waster, and soft bodied green herbaceous material under one inch {1") in diameter. is hereby amended to read as follows: 8.301(1) (d) "Yard Waste" shall mean grass, clippings, leaves, weeds, garden waste, and soft bodied green ~ ............ ~'~ · '~..~ ..... ~..~ incR~ {1")~.~'~ ~.,,~~~. , twigs and branches less than 4" in diameter. Section 2: Section 8.301 (4) of Ordinance 853, City Code of 1977, which currently reads as follows, to wit: 8.301(4) All accumulations ef garbage, rubbish and yard waste must be deposited and contained within the containers as provided in this section, except that: (a) tree limbs with diameters of less than four inches {4") and lengths of less than four feet (4') tied into bundles, said bundles not exceeding eighteen inches (18") in diameter; (b) leaves, grass or rubbish in waterproof containers (no larger than permitted 30 gallon %~arbage can liner size), not exceeding thirty-five pounds {35 lks.) in weight; (c) Bundles of newspapers and magazines tied securely and weighing less than thirty-five pounds {35 lbs.); (d) Christmas trees up to six feet (6') in length (during January); (e) small household items including small appliances, tools and articles of furniture weighing less than thirty-five pounds {35 lbs.); (f) yard waste in plastic and paper biodegradable bags ( no larger than permitted 30 gallon garbage can liner size), not exceeding thirty-five pounds (35 lbs.), or a permanent ventilated thirty- two (32) gallon fly tight metal or thermoplastic container weighing no more than seventy-five pounds (75 lbs) with handles; and (g) stone, sod, earth, concrene, and building materials resulting from repairs and miner remodeling of the residence on the property at which these materials have been placed along with carpeting, carpet padding, mattresses, chairs, couches, tables and other such items o~ ~urniture; is hereby amended to read as follows: 8.301(4) Ail accumulations of garbage, rubbish and yard waste must be deposited and contained within the containers as provided in this section, except that: (a) tree limbs with diameters of less than four inches (4") and lengths of less than four feet (4') tied into bundles, said bundles not exceeding eighteen inches (18") in diameter; (b) leaves, grass or rubbish in waterproof containers (no larger than permitted 30 gallon garbage can liner size), not exceeding thirty- five pounds (35 lbs.) in weight; (c) Bundles of newspapers and magazines tied securely and weighing less than thirty-five pounds '35 lbs. t; (d) Christmas trees up to six feet (6') in length (during January); (e}(f) yard waste in plastic and paper biodegradable bags ( no larger than permitted 30 gallon garbage can liner size), not exceeding thirty-five pounds !35 lbs.), or a permanent ventilated thirty- two (32) gallon fly tight metal or thermoplastic container weighing no more than seventy-five pounds (75 lbs) with handles; shall be placed on pick up day at the curb line; and {f) (g) stone, sod, earth, concrete, and building materials resulting from repairs and minor remodeling of the residence on the property at which these materials have been placed along with carpeting, carpet padding, mattresses, chairs, couches, tables and other such items of furniture; small household items including small appliances, tools and articles of furniture weighing less than thirty-five pounds (35 lbs.); shall be placed on pick up day next to the garbage cans where alley pick up is available or at the curb line in areas where no alleys exist. Section 3: Section 8.301 (5) of Ordinance 853, City Code of 1977, which currently reads as follows, to wit: 8.301(5) Where alleys are platted and open to traffic, garbage cans shall be placed at the rear of said property adjoining the alley. Where no alley exists, garbage cans will be kept at or near the back door; provided however, that where the back door is not reasonably accessible from the front yard, the container shall be placed am a point adjacent to the house which is reasonably accessible from the front yard. Garbage cans must be removed from your curb line within twenty-four hours (24) after scheduled collection, and cannot be placed on the curb line more than twenty-four (24) hours before scheduled collection. Ail authorized yard waste containers shall be placed on the alley line, where alleys are platted and open, separated from garbage and refuse, or at the curb line in areas where no alleys exist. All authorized City recycling containers shall be placed at the curb line on pick up day regardless of existing alleys. is hereby amended to read as follows: 8.301(5) (a) Where alleys are platted and open to traffic, garbage cans shall be placed at the rear of said property adjoining the alley. Where no alley exists, garbage cans will be kept at or near the back door; provided however, that where the back door is not reasonably accessible from the front yard, the container shall be placed at a point adjacent to the house which is reasonably accessible from the front yard. Garbage cans must be removed from ycur the curb line within twenty-four hours (24) after scheduled collection, and cannot be placed on the curb line more than twenty-four (24) hours before scheduled collection. ....... yar was te plastic and paper bags (no larger than the permitted 30 ~allon garbage can liner size) not exceeding thirty-five pounds (35 lbs. ) , or a permanent, ventilated thirty-two (32) .qallcn fly tight metal or thermoplastic container weighinG no more than seventy-five pounds (75 lbs. ) with handlesi ir: araas whera no allays exist shall be placed on the curb line on collection day. c) 'Ail authorized City recycling containers shall be placed at the curb line on pick up day regardless of existing alleys. Section 4: 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: Joseph Sturdevant, Mayor Jo-Anne Student, Council Secretary CITY COUNCIL LETTER Meeting of: NOVEMBER 5, 1996 AGENDA SECTION: PUBLIC HEARINGS f ORIGINATING DEPARTMENT: CITY MANAGER'S NO:~ CITY MANAGER'S APPROVAL AN ORDINANCE CALLING FOR THE DATE: 11-20-96 ABANDONMENT OF THE CITY CHARTER The City Council has been reviewing the issue of whether the City should remain a home rule city under its charter or abandon the charter and operate as a statutory city. The City Charter was put in place in 1921 when the City was organized. The Charter defines the organization of the City government, the powers available to the City, and the responsibilities of the principally elected and appointed officials. The Charter can be amended either through an ordinance by the Council or by majority vote of the citizens. The other form of city government is that afforded by the State Statutes. If a city does not have a home rule charter, the City is governed by Chapter 412 of the State Statutes and is referred to as a statutory city. Many of the powers and responsibilities provided for in the Charter are available to a statutory city. A number of items in the City's Charter are superseded by State Statute. A comparison of the two was prepared by the City Attorney. The comparison indicated that there are only two major items in the Charter that are not available in statutes. These are: Initiative, Referendum, and Recall The Charter provides the citizens of Columbia Heights with the power to initiate ordinances or resolutions, forces the reconsideration by the City Council of any ordinance or resolution passed by the Council, or to remove any elected official from office, through a petition process that forces the issue to be placed on the ballot. State Statutes does not provide this power to the citizens of a statutory city. There does appear to be a movement in the State Legislature to provide these powers. Mayoral control of the Police Department The City Charter provides the City Manager with the responsibility to control and direct the administration of the City, with exception of the Police Department, which is under the sole control of the Mayor. As almost all of the provisions of the City Charter are covered by or superseded by provisions of the State Statutes, the City Council had expressed the desire to place the issue of abandoning the Charter for statutory rule on the upcoming general election ballot. To place the question on the ballot, the attached ordinance must be passed. The first reading was held on May 28, 1996. On June !0, 1996, a vote was taken to reconsider the abandonment of the Charter. The vote at that meeting was unanimously, which essentially tabled the issue indefinitely. Since the City Council voted on June 10th to reconsider the issue, no further action was taken. For further clarification on the vote taken June 10th, this issue is being brought up again tonight to officially "end" this issue. RECOMMENDED MOTION: Move to waive the reading of the ordinance, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Ordinance No. 1328, an Ordinance calling for the abandonment of the City Charter. (NOTE: Per past discussions, the City Council is advised to vote "NO" on this motion to put this item to rest.) COUNCIL ACTION: 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. Sex;don 3: That the City Council shall submit this proposed ordinance to the Charter Commission. Section 4: That within sixty (60) days after 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 Charier 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: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: May 28~ 1996 Joseph Sturdevant, Mayor Jo-Anne Student, Council Secretary COLUMBIA HEIGHTS CHARTER COMMISSION OCTOBER 17, 1996 6 P.M. GAUV1TTE ROOM, MURZYN HALL CALL TO ORDER The meeting was called to order by Chair Dick Schmidt at 6:04 p.m. ROLL CALL Members present: Bill Antzaras, Joel Cason, Janis Larson, Bruce Nawrocki, Brian Peterson, Dick Schmidt, Nan Tilkens, Lester Wodziak, John Yencho Members absent and excused: Ted Landwehr, Gary Olson, Keith Roberts, and Theresia Synowczynski Members absent and unexcused: John Murzyn, Jamie Verbrugge Also present: Jim Hoeft, City Attorney (arrived at 6:45 p.m.); Janice McGhee-Fetzer APPROVAL OF MINUTES Motion by Bill Antzaras, seconded by Lester Wodziak, to approve the minutes of July 18, 1996, as submitted. Motion passed unanimously. ELECTION OF OFFICERS Motion by Dick Schmidt, seconded by Nan Tilkens to nominate Bruce Nawrocki for President. Motion passed unanimously, with one member abstaining. Motion by Janis Larson, seconded by Dick Schmidt, to nominate Nan Tilkens for Vice President. Motion passed unanimously, with one member abstaining. Motion by Dick Schmidt, seconded by Les Wodziak to nominate Theresia Synowczynski for Secretary. Motion passed unanimously, with one member abstaining. At this time, newly elected President Bruce Nawrocki took over the meeting. OLD BUSINESS *Volunteer Recognition Dinner/Recognition Clocks The volunteer recognition dinner was held on October 3rd. Many Charter Commission members and guests were in attendance. For those members who did not attend the dinner, recognition clocks were provided at tonight's meeting. *Status of Amendments to Chapter 2, Vacancies in the Council Copies of Ordinance No. 1331 were provided to Charter Commission members. The second reading was on September 23, 1996, and the change will be in effect 90 days from date of passage. The Attorney General's opinion regarding this section of the charter had been provided to members. What generated this opinion was the fact that the City of Richfield wanted to have language put into their charter stating that if a councilmember was absent for more than six meetings in six months, they could be removed for non-feasance. The Attorney General's opinion stated that this stipulation alone would not be grounds for mal-feasance or non-feasance. Jim Hoeft, City Attorney, stated that the Attorney General's opinion does have some impact on the ordinance the Council just passed per recommendation of the Charter Commission. Considerable discussion followed. He stated that we can leave the language as it is, and if it is challenged, we can have the Attorney General's office evaluate it. It was questioned whether our current language could stand the test or not. President Nawrocki suggested that our City Attorney determine if we need to change our charter language again or not on this section. Jim Hoeft stated that the more you define non or malfeasance, with objective factors, the better it will be. The City Attorney will continue to work on this issue. He will contact the City of Richfield to find out what they ended up doing on this section of the charter. *Status of Amendments to Ch~ Initiative, Referendum_: and Recall On September 10th, the City Manager, Walt Fehst, sent a letter to Dick Schmidt explaining that some on the council felt unsure as to whether they could support the change from 20% to 10% of the total number of registered voters who cast votes at the last preceding regular municipal election. (NOTE: This percentage change was noted in Sections 39, 40, and 44.) It appears that an explanation for this change is requested informally by the Council. Perhaps a member should attend a work session to explain our reasoning. It was also discussed if we need to assign a liaison between the Charter Commission and the Council. Jim Hoeft stated that the council can come back informally with questions on a charter change before acting on it. The Commission can push the issue to a Council vote, but it needs a unanimous vote of the City Council to pass the proposed amended language. No action has been taken yet by the Council. Motion by Nan Tilkens, seconded by John Yencho to send the amendment back to the Council with a letter explaining why the change is proposed (because of change in number of voters), and asked them to officially consider the change. Motion passed unanimously. *Status on Abandonment of the Charter On July 22, 1996, the Council passed a motion on its second reading to reconsider Ordinance No. 1328, an Ordinance Calling for the Abandonment of the City Charter. This motion seemed to confuse a number of people on whether it stopped the process or not. Jim Hoeft explained that by the Council reconsidering it, it is indefinitely tabled. He said the Page 2 10-17-96 Council should bring it back on the table and vote to approve or not approve it, (depending on the wording) so the issue is then considered dead. NEW BUSINESS *Membership Status The Chief Judge has appointed new members Joel Cason and Brian Peterson who were present at tonight's meeting. Thank you letters to Ken Kronstedt and Steve Mihalchick have been sent. They will officially be recognized at a future City Council meeting. With the term expirations of John Yencho and Les Wodziak, depending on the wishes of Mr. Wodziak who can be reappointed to another term, there will be one or two vacancies. Mr. Yencho has served over two terms, but he has expressed interested in continuing to serve. *Other New Business Discussion was held on what the commission would like to do this year. It was suggested that perhaps the whole charter should be gone through and reviewed for updates or changes needed. It was also suggested that perhaps the Council could meet with the Commission. Motion by Nan Tilkens, seconded by Dick Schmidt, to send a letter to the Council and City Manager inviting them to meet with the Charter Commission on Wednesday, November 20th at 7:00 p.m. (in the Council Chamber if available) to review the charter. Motion passed unanimously. Discussion then turned to moving the time of the regular Charter Commission meetings from 6 p.m. to 7 p.m. Motion by Nan Tilkens, seconded by Janis Larson, to set the regular quarterly meetings to 7 p.m. Motion passed unanimously. *Next Meeting Date The next regular meeting will be Thursday, January 16, 1997, at 7 p.m., at Murzyn Hall. A special meeting will be held Wednesday, November 20, 1996, at 7 p.m., location to be determined (Council Chamber if available). ADJOURNMENT Motion by John Yencho, seconded by Lester Wodziak, to adjourn at 7:25 p.m. unanimously. Motion passed Respectfully submitted, Janice McGhee-Fetzer and Carole Blowers Page 3 10-17-96