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HomeMy WebLinkAboutMarch 13, 2006 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MARCH 13, 2006 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, March 13,2006 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Chaplain Bob Lyndes, Crestview Communities, gave the Invocation. Present: Mayor Peterson, Councilmember Diehm, Councilmember Kelzenberg, Councilmember Williams Absent: Councilmember Nawrocki - attending the NLC Conference in Washington D.C. PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA Diehm added a presentation on the Youth Commission by Mr. Tim Wellman. PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS AND GUESTS A) Proclamations - March as MN Food Share Month. Mayor Peterson read a Proclamation for Minnesota Food Share Month. He encouraged food donations to our local food shelf. B) Presentations - Tom Sherohman - Columbia Heights Alumni Get Together Tom Sherohman stated that there would be a Columbia Heights High School Reunion on Sunday, April 30, at Murzyn Hall from 1 :00 p.m. to 5:00 p.m. There will be guest speakers, a museum gallery of photos, slides, and memorabilia. He invited everyone to attend. Admission is free, and there will be envelopes for donations to the High School Scholarship fund. He requested volunteers come forward to help at the event. Sherohman asked the committee members to introduce themselws. They represented the classes of '47, '61, '48, '62, and '52. Williams suggested that Dorothy Penate be contacted to participate. C) Introduction of New Employees - none D) Recognition - Sergeant Val Dietz, retirement Peterson read a synopsis of Sgt. Dietz's career. He began working for the City of Columbia Heights in 1990. Dietz worked in cOlmnunity policing, investigations, and as Patrol Sergeant. Val Dietz and his wife, Paula were present. Mayor Peterson presented him with a gift of appreciation from the City of Columbia Heights. Val Dietz stated it was a joy to work in Columbia Heights. He talked about the history of the department during his tenure. He stated that people here cared about each other. Weare a small town in a large city. He commended his wife for her support. CONSENT AGENDA City Manager Walt Fehst took Councilmembers through the Consent Agenda. City Council Minutes March 13, 2006 Page 2 of 14 1) Approve City Council Meeting Minutes for February 27,2006 regular City Council meeting and two special meetings on March 6, 2006. a) Motion to approve the minutes of the February 27,2006 regular City Council meeting as presented. b) Motion to approve the minutes of the March 6, 2006 Seal Coat Public Improvement Hearing c) Motion to approve the minutes of the March 6, 2006 Street Rehabilitation Improvement Hearing. 2) Accept Boards and Commissions Meeting Minutes a) Motion to accept minutes ofthe February 7, 2006 Library Board meeting. b) Motion to accept minutes of the March 8, 2006 Planning and Zoning Commission meeting. 3) Establish Work Session meeting date for Monday, March 20,2006, beginning at 7:00 p.m. in Conference Room 1. Motion to establish a City Council Work Session meeting date for Monday, March 20, 2006 beginning at 7:00 p.m. in Conference Room 1. Fehst stated the only item is to meet with the Chairman ofthe Charter Commission to discuss some changes to the Charter. 4) Authorize the purchase of Police vehicles Motion to authorize the purchase of two 2006 Ford Crown Victoria police vehicles per the State of Minnesota bid, with funding to come from 431-42100-5150 in the amount of$41,376 and that the Mayor and City Manager are authorized to enter into a contract for same. 5) Authorize Joint Powers Agreement -MN Bureau of Criminal Apprehension re: IBIS Fingerprint System. Motion to authorize the Mayor and the Chief of Police to enter into a Joint Powers Agreement with the State of Minnesota Bureau of Criminal Apprehension to accept one TDTC -.r......~_-:'!losn TInT "D~__~o_""";_+~_rr U.......~t- -h.,."........... +1".0. C.f-n,+.o. ^+1\Jf~..,naCl^+o. tht::), -h't"Clt Yi=U::1I't"'C1 ~.1J.1lJ VVl1\J1C, i:) ~~.l .l'J.l1bvl'p.ll1J.L11J.O IllL llVl1J. Ll1\.1 ULUU"I VJ. IV.1.11.ll1.......;,VL.U., u~'" .l.U.I..:n. VU,L l..J maintenance and cellular costs paid for by the State of Minnesota. 6) Adopt Resolution No. 2006-40, being a Resolution establishing an Absentee Ballot Board Motion to waive the reading of Resolution No. 2006-40, there being ample copies available to the public. Motion to adopt Resolution No. 2006-40, being a Resolution to Establish an Absentee Ballot Board. RESOLUTION NO. 2006-40 BEING A RESOLUTION TO ESTABLISH AN ABSENTEE BALLOT BOARD WHEREAS, Anoka County Election Support has requested adoption of an Absentee Ballot Board; and WHEREAS, an Absentee Ballot Board would consist of election judges and/or city staff serving as election judges; and WHEREAS, an Absentee Ballot Board would ease the responsibilities for election judges on election day; and WHEREAS, an Absentee Ballot Board may give voters an opportunity to correct technical errors on their absentee ballot; and WHEREAS, an Absentee Ballot Board allows for more accurate processing of absentee ballots. NOW, THEREFORE, BE IT RESOLVED that an Absentee Ballot Board is hereby authorized for the City of Columbia Heights as provided in Minnesota Statutes 203B.13 subdivision 1. AND BE IT FURTHER RESOLVED that the City Clerk is authorized to employ a suitable number of election City Council Minutes March 13,2006 Page 3 of 14 judges to serve on the board. 7) Award of2006-2007 Tree Removal Program Motion to award the 2006-2007 removal of trees, trees and stumps or stumps only on public and private property contract to Bluemel's Tree and Landscape, Inc. of Hudson, Wisconsin, based upon their low, qualified, responsible total bid for tree and stump removal, tree removal only, or stump removal only; and furthennore, to authorize the Mayor and City Manager to enter into a contract for the same. 8) Final Payment for Zone 7 A Street Rehabilitation Proiects Motion to accept the Engineer's Report of Final Acceptance for the 2004 Street Rehabilitation Projects in Zone 7 A, City Project Number 0402, and authorize Final Payment of$43,639.41 to Midwest Asphalt Corporation of Hopkins, Minnesota. 9) Change Order No.1 for the MSC Building Renovation Motion to authorize Change Order No. 1 for additional work items 1-9 as detailed herein for the MSC Building Renovation, City Project 0503 to Ebert Construction in the amount of21,555.55 to be funded by Fund 411, Capital Improvements Government Buildings, for a revised contract amount $920,134.55. 10) Approve Park and Recreation Public Hearing date change from March 22 to March 29, 2006 Motion to approve the Public Hearing date change of the Park and Recreation Commission from March 22,2006 to March 29,2006. Fehst stated this is regarding consideration oflighting at Prestemon Park. 11) Adopt Resolution No. 2006-44, supporting the Constitutional Amendment for Motor Vehicle Sales Tax Dedication to Transportation. Motion to waive the reading of Resolution No. 2006-44 there being ample copies available to the public. Motion to adopt Resolution No. 2006-44, being a Resolution supporting the Constitutional Amendment for Motor Vehicle Sales Tax Dedication to Transportation. RESOLUTION NO. 2006-44 BEING A RESOLUTION SUPPORTING THE CONSTITUTIONAL AMENDMENT FOR MOTOR VEHICLE SALES TAX DEDICATION TO TRANSPORTATION WHEREAS, the City Council of the City of Columbia Heights is the official governing body of the City of Columbia Heights; and WHEREAS, Minnesota's transportation infrastructure fOl1TIS the backbone ofthe State's economy and has a direct impact on future economic development; and WHEREAS, funding for highway and transit systems in Minnesota has remained stagnant and is failing to keep pace with its growing population and growing demands; and WHEREAS, local governments throughout the State struggle to maintain local transportation systems while the State's gas tax has not been increased since 1988 and transit budgets have been cut in recent years; and WHEREAS, the Minnesota Legislature has repeatedly turned to revenue from the motor vehicle sales tax, which has been viewed as user fee revenues, in order to fund highway and transit systems including the current dedication of 54% of motor vehicle sales tax for transportation purposes; and WHEREAS, the Legislature passed a proposed constitutional amendment during the 2005 Legislative Session that would appear on the November 7,2006 ballot asking voters if the remaining 46% of motor vehicle sales tax revenue currently used for other purposes should be used for highways and transit systems; and City Council Minutes March 13, 2006 Page 4 of 14 WHEREAS, passage of this amendment would mean an increase in more stable revenue for highway and transit systems throughout the State and would raise approximately $300 million per year once the transfer of revenue is fully phased in by 2011. NOW, THEREFORE, BE IT RESOLVED, that the City of Columbia Heights strongly supports passage of the proposed amendment to the Minnesota Constitution dedicating all of the motor vehicle sales tax revenue to transportation with at least 40% of the revenue for public transit assistance and not more than 60% of the revenue for highway purposes. 12) Adopt Resolution No. 2006-43, Conditional Use Permit, 4300 Central Avenue seasonal garden center Motion to waive the reading of Resolution No. 2006-43, there being ample copies available to the public. Motion to approve Resolution No. 2006-43 pennitting the operation of a seasonal mini-garden center at 4300 Central Avenue from April 15, 2006 through July 15,2006, subject to the following conditions: 1. the outdoor storage shall be located as indicated on the site plan, 2. A $500 deposit shall be submitted to the Community Development Department prior to installation of the structures on the site. The deposit shall be refunded after the Conditional Use Permit expires and the site has been cleaned up. 3. the proposed fence must be 20 feet from the retaining wall for safe vehicular access. Fehst stated this is for a seasonal garden center, which does require a conditional use permit. RESOLUTION NO. 2006-43 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR LINDER'S GREENHOUSES, INC WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2006-0301) has been submitted by Linder's Greenhouses, Inc. to the City Council requesting a conditional use pennit from the City of Columbia Heights at the following site: ADDRESS: 4300 Central Avenue. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.110 (E)(3)(e), to allow outdoor sales or display. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on March 8, 2006; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings ofthe Planning Commission: 1. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as detennined by the Zoning Administrator. 2. The use is in hannony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing int1uences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the sun'ounding area. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other infonllation shall become part ofthis City Council Minutes March 13, 2006 Page 5 ofl4 pennit and approval; and in granting this pennit the city and the applicant agree that this pennit shall become null and void if the project has not been completed within one (1) calendar vear after the approval date, subject to petition for renewal of the pennit. CONDITIONS ATTACHED: 1. The outdoor storage shall be located as indicated on the site plan. 2. A $500 deposit shall be submitted to the Community Development Department prior to installation of the structures on the site. The deposit shall be refunded after the Conditional Use Pennit expires and the site has been cleaned up. 3. The proposed fence must be 20 feet from the retaining wall for safety vehicular access. 13) Adopt Resolution No. 2006-32, regarding the 2006-2007 Teamsters Labor Agreement- Sergeants Motion to waive the reading of Resolution No. 2006-32, there being ample copies available to the public. Motion to adopt Resolution No. 2006-32, regarding the Labor Agreement between the City of Columbia Heights and the Teamsters, Local 320 - Police Sergeants, effective January 1, 2006 - December 31, 2007. Fehst stated that all labor agreements meet the guidelines discussed at the two Executive Sessions allowing increases of three percent in 2006 and 2007. RESOLUTION 2006-32 REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND TEAMSTERS, LOCAL 320, POLICE SERGEANTS WHEREAS, 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 2006 and 2007, 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 2006 and 2007 for Teamsters, Local 320- Police Sergeants, bargaining unit employees of the City; and BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this agreement. 14) Adopt Resolution No. 2006-33, regarding 2006-2007 PMA Memorandum of Understanding Motion to waive the reading of Resolution No. 2006-33, there being ample copies available to the public. Motion to adopt Resolution 2006-33 regarding the Memorandum of Understanding between the City of Columbia Heights and the Public Managers' Association, effective January 1, 2006 - December 31,2007. RESOLUTION 2006-33 BEING A RESOLUTION REGARDING MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF COLUMBIA HEIGHTS AND THE PUBLIC MANAGERS ' ASSOCIATION BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights that: WHEREAS, negotiations have proceeded between the Public Managers' Association, representing Division Heads ofthe City, and members of the City negotiating team, and said negotiations have resulted in a mutually acceptable Memorandum of Understanding for calendar years 2006 and 2007; WHEREAS, a copy of said Memorandum of Understanding will be made available for inspection at the Office of the City Manager and is made a part hereofby reference. NOW, THEREFORE, BE IT RESOLVED, that the Memorandum of Understanding as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 2006 and 2007 for the Public Managers' Association bargaining unit employees of the City. BE IT FURTHER RESOLVED that the Vantagecare Retirement Health Savings (RHS) Plan is hereby amended to include an elective participation by the Public Managers' Association whereby if patiicipation is elected, City Council Minutes March 13, 2006 Page 6 of 14 there will be a mandatory employee contribution of 5% of earnings. BE IT FURTHER RESOLVED that the Mayor and City Manager are hereby authorized to execute this agreement. 15) Adopt Resolution No. 2006-42, being a Resolution regarding the City Manager's Compensation - Removed 16) Adopt Resolution 2006-34, adopting 2006-2007 salary & fringe benefit adiustment for non-union supervisory employees Motion to waive the reading of Resolution No. 2006-34, there being ample copies available to the public. Motion to adopt Resolution 2006-34, adopting changes in non-union group salary ranges, and establishing salaries and changes in fringe benefits for non-unionized supervisory City positions for calendar years 2006-2007. F ehst stated that all labor agreements meet the guidelines discussed at the two Executive Sessions allowing increases of three percent in 2006 and 2007. RESOLUTION 2006-34 ADOPTING CHANGES IN NON-UNION SUPERVISORY SALARY RANGES, ESTABLISHING SALARIES FOR NON-UNIONIZED SUPERVISORY POSITIONS, AND CHANGES IN FRINGE BENEFITS WHEREAS, the City of Columbia Heights adopted a Wage Compensation Program for Non-Unionized City Employees effective January I, 1980 (Resolution 80-47), which indicated that on an annual basis changes will be adopted in Group Salary Ranges based upon reliable survey data; and, WHEREAS, the City of Columbia Heights adopted a Comparable Worth Implementation Plan effective January I, 1988 (Resolution 88-50), to assure comparable compensation for positions with comparable skill, efforts, responsibilities, and work conditions, and proportional compensation for positions where such factors are different; and, WHEREAS, the City of Columbia Heights annually reviews the Employer's share for various insurance programs for its non-unionized supervisory employees to compare what is paid for other employee groups in the City; NOW, THEREFORE, BE IT RESOLVED that the City of Columbia Heights establishes salary ranges and Employer contribution to insurances for non-unionized supervisory City positions, as indicated on Schedule A which is on file in the office of the City Manager and is attached for calendar years 2006 and 2007; and BE IT FURTHER RESOLVED that movement through the salary range is contingent upon satisfactory perfonnance of the employee. 17) }\.do t Resolution 2006-35 ado non-union essential and confidential employees Motion to waive the reading of Resolution No. 2006-35, there being ample copies available to the public. Motion to adopt Resolution 2006-35, adopting changes in non-union group salary ranges, and establishing salaries and changes in fringe benefits for non-unionized essential and confidential City positions for calendar years 2006 and 2007. RESOLUTION 2006-35 ADOPTING CHANGES IN NON-UNION ESSENTIAL AND CONFIDENTIAL SALARY RANGES, ESTABLISHING SALARIES FOR NON-UNIONIZED ESSENTIAL AND CONFIDENTIAL POSITIONS, AND CHANGES IN FRINGE BENEFITS WHEREAS, the City of Columbia Heights adopted a Wage Compensation Program for Non- Unionized City Employees effective January 1, 1980 (Resolution 80-47), which indicated that on an annual basis changes will be adopted in Group Salary Ranges based upon reliable survey data; and, WHEREAS, the City of Columbia Heights adopted a Comparable Worth Implementation Plan effective January I, 1988 (Resolution 88-50), to assure comparable compensation for positions with comparable skill, efforts, responsibilities, and work conditions, and proportional compensation for positions where such factors are different; and, City Council Minutes March 13, 2006 Page 7 of 14 WHEREAS, the City of Columbia Heights annually reviews the Employer's share for various insurance programs for its non-unionized essential and confidential employees to compare what is paid for other employee groups in the City; NOW, THEREFORE, BE IT RESOLVED, that the City of Columbia Heights establishes salary ranges and Employer contribution to insurances for non-unionized essential and confidential City positions, as indicated on Schedule B which is on file in the office of the City Manager for calendar years 2006 and 2007; and BE IT FURTHER RESOLVED that movement through the salary range is contingent upon satisfactory perfonnance of the employee. 18) Adopt Resolution 2006-36, adopting the 2006 seasonal and temporary wage adjustments Motion to waive the reading of Resolution No. 2006-36, there being ample copies available to the public. Motion to adopt Resolution 2006-36, adopting changes in wage ranges and establishing wages for seasonal and temporary employees for calendar year 2006. RESOLUTION 2006-36 ADOPTING CHANGES IN WAGE RANGES AND ESTABLISHING WAGES FOR TEMPORARY PART-TIME LIBRARY POSITIONS, SEASONAL PUBLIC WORKS POSITIONS, SEASONAL/TEMPORARY RECREATION POSlTIONS, AND INTERNS WHEREAS, the City of Columbia Heights adopted a Wage Compensation Program for Non-Unionized City Employees effective January 1, 1980 (Resolution 80-47), which indicated that on an annual basis, changes will be adopted in Wage Ranges, based upon reliable survey data. NOW, THEREFORE, BE IT RESOLVED, that the City of Columbia Heights establishes wage ranges for non-unionized temporary part-time Library positions, seasonal Public Works positions, seasonal/temporary Recreation positions, and interns, an indicated on Schedule I, II, III, and IV, which are on file in the office of the City Manager; and BE IT FURTHER RESOLVED that such schedules be effective January 1,2006. 19) Adopt Resolution 2006-41 regarding 2006-2007 IAFF Labor Agreement Motion to waive the reading of Resolution No. 2006-41, there being ample copies available to the public. Motion to adopt Resolution No. 2006-41, regarding the Labor Agreement between the City of Columbia Heights and the International Association of Firefighters, effective January 1, 2006 - December 31, 2007. RESOLUTION 2006-41 REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 1216 WHEREAS, negotiations have proceeded between the International Association of Firefighters (IAFF), Local 1216, representing Firefighters of the City, and the City's negotiating spokesperson, and said negotiations have resulted in a mutually acceptable contract for calendar years 2006 and 2007; WHEREAS, a copy of said contract is available 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 2006 and 2007 for IAFF bargaining unit employees of the City; and BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this agreement. 20) Approve continuance of hazardous building at 4152 Cleveland Street -Removed Fehst stated that when the City was ready to abate the nuisance, the owners were given 60 days to meet ordinances requirements. The contract owner passed away and there was a closing on the property last week. StaffrecOlmnends allowing the same time consideration to the new owner. City Council Minutes March 13, 2006 Page 8 of 14 21) Approve the items listed for rental housing license applications for March 13, 2006 Motion to approve the items listed for rental housing license applications for March 13, 2006. 22) Approve Business License Applications Motion to approve the items as listed on the business license agenda for March 13, 2006 as presented. 23) Approve Payment of Bills Motion to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 116206 through 116387 in the amount of $719,581.31. Williams requested to remove items 15 and 20 from the consent agenda for discussion. He commented on item #8 to clarify that the payment to be made is for work done in the year 2004. He encouraged citizens to report bad spots they see on newly finished roadways. Kathy Young, Assistant City Engineer, stated this was an unusual situation and final payment took longer than normal. Motion by Diehm, second by Kelzenberg to approve the Consent Agenda items with the exception of items 15 and 20. Upon vote: All ayes. Motion carried. Presentation - Revival of the Youth Commission Timothy Wellman Jr. introduced himself, stating he graduated in 2000 from Columbia Heights High School, served in the Navy over seas, and now works for Pine Bend Refmery. He stated he was involved with the Youth COlmnission from 1997 to 2000. Wellman stated he spoke to Senator Chaudhary, Councilmember Williams, and School Board member Joe Sturdevant about reviving this program. He also discussed this at the last City Council work session. The program would involve a committee represented by students 18 years of age and younger, to bring up issues of concern such as a community center, graffiti issues, or skateboarding. The goal would be to unite the c0111mupity, and to sho-w our youth that government can 'work for them. Diehm stated that Mr. Wellman has volunteered to be the facilitator and Council- member Williams is our liaison. Committee members would be chosen through an application process. Wellman stated that Mr. Sturdevant would bring this before the School Board. Peterson offered the support of the City Council. Wellman asked where the group should meet. Fehst stated that Murzyn Hall would be available, but the group may want to meet at the High School for convenience. Peterson invited them to attend City Council work sessions and meetings. Discussion of Removed Consent Agenda items 15. Adopt Resolution No. 2006-42, being a Resolution regarding the City Manager's Compensation Williams stated that he had a letter dictated by Councilmember Bruce Nawrocki to be read to the audience. He stated these were Mr. Nawrocki's words, which did not necessarily reflect his views. He would read the statement to be placed in the official record. Councilmember Nawrocki: Because I will be out of town and miss the March 13 Council meeting, I have asked that these comments regarding the proposed salmy adjustment for various city employees for 2006 City Council Minutes March 13,2006 Page 9 of 14 and 2007 to be read at the meeting and placed into the record of the meeting. Since the details of the proposed adjustment have not been discussed by the Council, I believe that these proposed adjustments should be tabled until such discussion can be held. I believe that the proposed salmy adjustment of almost $6,000 for the two year period for the City Manager in particular, should be tabled for discussion by the Council for this reason, and because the Council has not yet had an annual pelfonnance review of the City Manager as required by his contract with the City. Furthermore, we have had a written letter signed by several city employees raising concerns about the fairness of salmy adjustments based on a percentage of existing salmy versus specific dollar amounts of adjustment. For example, the almost $6,000 increase that the City Manager will receive is more than twice as much of an increase that a maintenance worker in the street department will receive in the next two years, to feed his family, if the same percentage is applied to his or her salmy. Whether we agree with their views or not, I feel that we owe it to those that wrote the letter to meet with them and discuss their concerns. Motion by Williams to table Resolution 2006-42 City Manager's compensation. Peterson called for a second. No second was received. Motion died for lack of a second. Diehm stated that all other increases were approved. Kelzenberg asked if this item is also for three percent. Linda Magee, Assistant to the City Manager/Human Resource Director, indicated that four of the six bargaining units have settled. Kelzenberg stated that the City Council had two work sessions to discuss this. Magee stated there were two executive sessions held, which are closed meetings. Kelzenberg asked if all the groups listed settled within the guidelines given. Magee stated they did. Williams asked if the group that sent a letter had settled. Magee stated that group is in mediation. Peterson stated that City Council members met on October 24 and December 6, 2005 in executive session. Parameters were given to staff, though not all Councilmembers agreed. The manager's contract states that his salary will increase at the same time as other management employees. Regarding his evaluation, the Council sets that up and should do so, but that is up to the Council. Regarding the letter signed by employees; salary increases have been based on percentages for the past lO years, consistent for all staff and employees. Peterson stated that if Councilmembers want to change this, it should be discussed. Peterson compared it to Councilmember Nawrocki on PERA where he has received a percentage increase every year, and they have gone as high as eleven and one-half percent. This is what we directed staff to do. It is not the role of Councilmembers to negotiate contracts, but to set the parameters. Contracts are settled with the police officers, and it would be a folly to attack the process now. If a single councilmember wants to talk to the people from that letter, they may, but as a Council we are not in the position to do so. Peterson referred to the Comparable Worth study, which could be done again, but would be expensive. Motion by Williams, second by Diehm, to waive the reading of Resolution No. 2006- 42, there being ample copies available to the public. Upon vote: All ayes. Motion c3nied. Motion .Williams, second by Diehm, to adopt Resolution No. 2006-42, being a resolution regarding the City Manager's compensation. Upon vote: All ayes. Motion carried. RESOLUTION NO. 2006-42 RESOLUTION REGARDING THE CITY MANAGER'S COMPENSATION WHEREAS, in previous years, the City Manager has received an adjustment in compensation consistent with that City Council Minutes March 13, 2006 Page 10 of 14 given to the management employees. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Columbia Heights does hereby make the following modification to the City Manager's compensation, consistent with pay adjustments granted other management employees: Effective January 1,2006: 3% pay adjustment Effective January 1,2007: 3% pay adjustment Effective January I, 2006: $625 per month Employer contribution to insurances Effective January I, 2007: $645 per month Employer contribution to insurances 20) Approve continuance of hazardous building at 4152 Cleveland Street Fehst stated we were ready to abate the nuisance on this property, but they were given 60 days to meet ordinances requirements. The contract owner passed away and there was a closing on the property last week. We would like to give him the same time consideration to make the corrections. Williams stated he knows these people, but they have not started any repair work yet. Peterson indicated that he met with the gentleman and was shown the plans, which the Building Official has approved. He has been assured it will be fixed. Peterson stated that we could pursue this in court for two years, but we would rather have the property fixed. Motion by Williams, second by Kelzenberg, to amend the original starting date of the substantial progress within 60 days to the property transfer date of March 8, 2006 for 4152 Cleveland Street, Columbia Heights MN. Upon vote: All ayes. Motion carried. Peterson pointed out that there is a house on that block with 13 cars in the driveway, and a lot of activity that neighbors are not happy with. PUBLIC HEARINGS A) Adopt Emergency Ordinance No. 1506, an interim ordinance for the purpose of protecting the planning process and the health, safety, and welfare of city residents; and regulating transitional housing in residential neighborhoods. Jeff Sargent, City Planner, stated that transitional housing in the R3 and R4 District should be looked at regarding the health, welfare, etc. of city residents. Motion by Williams, second by Kelzenberg, to waive the reading of Ordinance No. 1506 there being ample copies available to the public. Upon vote: Ail ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Emergency Ordinance No. 1506, an interim ordinance for the purpose of protecting the planning process and the health, safety, and welfare of city residents; and regulating transitional housing in residential neighborhoods. Upon vote: All ayes. Motion carried. EMERGENCY ORDINANCE NO. 1506 AN INTERMI ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY, AND WELFARE OF CITY RESIDENTS; AND REGULATING TRANSITIONAL HOUSING IN RESIDENTIAL DISTRICTS The City of Columbia Heights does ordain: Section I: On May 29, 2001, the City of Columbia Heights adopted Ordinance 1428, which is an ordinance relating to and establishing a Zoning and Development plan and revised Zoning Map for the City of Columbia Heights; and, Section 2: Ordinance 1428 and subsequent amendments is officially known as the Columbia Heights Zoning and Development Ordinance; and, Section 3: The Columbia Heights Zoning and Development Ordinance divides the City into five residential districts, three business districts, and two industrial districts, one mixed development district; and, City Council Minutes March 13, 2006 Page 11 of14 Section 4: The five residential districts are further classified in the Columbia Heights Zoning and Development Ordinance as R-I, Single Family Residential, R-2A, One and Two Family Residential, R2-B, One and Two Family Residential, R-3, Multiple Family Residential, and R-4, Multiple Family Residential Districts; and, Section 5: The City Council detennines it is necessary to undertake a land use study to detennine the impact transitional housing has on the residential neighborhoods, including specifically defining what transitional housing is, where the transitional housing may be located throughout the City, and how close similar transitional housing units may be from one another; and, Section 6: The Columbia Heights City Council finds it necessary and appropriate to prohibit the expansion of existing transitional housing and the introduction of new transitional housing within the City, while the infonnation is gathered regarding existing transitional housing so as to obtain an accurate depiction of the effects such existing transitional housing have in Columbia Heights; and, Section 7: Minnesota Statues, Section 462.355, Subd. 4 allows the City of Columbia Heights to adopt this Interim Ordinance to protect the planning process. The City Council finds that adoption of this Interim Ordinance will protect the planning process and the health, safety and welfare of its citizens while the study provided for in this Ordinance is being conducted; and, Section 8: The Columbia Heights City Council hereby imposes a moratorium on transitional housing in the R-3, Multiple Family Residential District and the R-4, Multiple Family Residential District effective immediately and tenninating on March 13, 2007, and recognizing said time period may be shortened by adoption of an Emergency Ordinance by the City Council. Section 9: Activities affected by this moratorium include the establishment of transitional housing and the expansion of transitional housing within the R-3 and R-4 Residential Districts in the City of Columbia Heights for the purpose of protecting the planning process pending completion. Section 10: This Ordinance shall be in full force and effect immediately. B) First reading of Ordinance No. 1507, zoning amendment to the Zoning Code as it relates to swimming pools and hot tubs. Sargent indicated that through communication with a resident on this subject, it was decided to address the issue of fencing for hot tubs. The current code would require a six foot fence, to keep children out, and for visual and noise privacy. Staff feels that hot tubs are less noisy. The code would state that hot tubs may have a top with a lockable cover. If the hot tub is not covered it would need a six foot fence. Diemn questioned if it is "shall" or "may" have a lockable cover? Hoeft stated, "may". Peterson stated it would be nice to have the Building Official check the site to see ifthe deck would support it. Motion by Diemn, second by Williams to waive the reading of Ordinance No. 1507, there being ample copies available to the public. Upon vote: All ayes. Motion carried. With further discussion, Diemn indicated the ordinance should read "shall have a top with a lockable cover" rather than may. Motion by Dielnn, second by Kelzenberg, to set the second reading of Ordinance 1507 for Monday, March 27, 2006 at approximately 7:00 p.m. in the City Council Chambers, with the correction of "may" rather than shall in the ordinance. Williams stated that the Planning and Zoning COlllillission has recOlllinended this ordinance. Upon vote: All ayes. Motion carried. ITEMS FOR CONSIDERATION City Council Minutes March 13, 2006 Page 12 of 14 A) Other Ordinances and Resolutions - none B) Bid Considerations 1) Authorize the Capital Equipment Replacement of Unit #136 GMC 2500 4x4 3/4 ton pickup truck Fehst stated that Steve Synowczynski, Maintenance Supervisor, was present to answer any questions. Peterson stated that these three items are all budgeted items. Williams stated that this bid came in almost $3,000 under budget. Peterson complimented Synowczynski on the good job he does to obtain such low bids. Motion by Diehm, second by Kelzenberg, to authorize the replacement of Unit #136 and purchase of one (1) new Ford F-350 4x4 pickup truck from Elk River Ford in the amount of $20,229 plus sales tax; and utility box and truck crane from ABM Equipment Inc. in the amount of $8,900 plus sales tax. Funding shall be equally from the Sewer and Water Capital Equipment Replacement Fund, funds 432-49450-5150 and 433-49430-5150. Upon vote: All ayes. Motion carried. 2) Authorize the Capital Equipment Replacement of Unit #180 Ford 2x4 3/4 ton pickup truck, utility box, truck crane and snow plow Williams stated that these items are about $10,000 below the budgeted amount. Diehm compliments Synowczynski on his "good shopping". Fehst stated that Synowczynski is our employee ofthe year. Motion by Williams, second by Kelzenberg, to authorize the replacement of Unit #180 and purchase of one (1) new Ford F-350 4x4 pickup truck from Elk River Ford in the amount of $20,229 plus sales tax: and utility box and truck crane from ABM Equipment Inc. in the amount of $8,900 plus sales tax: and snow plow from Aspen Equipment in the amount of $4,013 plus sales tax. Funding shall be equally from the Sewer and Water Capital Equipment Replacement Fund, funds 432-49450-5150 and 433-49430-5150. Upon vote: All ayes. Motion carried. 3) Authorize the Capital Equipment Replacement of Unit #207 Chevrolet Replacement of Unit #207 1(2500 4x4 3/4 ton pickup truck, equipped with lift gate and snow plow Diehm questioned what would happen to the equipment being replaced. Synowczynski stated that two of the vehicles would go to auction and one would be handed down to Park and Recreation for secondary use to replace their old police vehicle. Synowczynski indicated again that all ofthese items were budgeted. Diehm questioned the amount this item was under budget. Synowczynski stated $9,972. Motion by Kelzenberg, second by Diehm, to authorize the Capital Equipment Replacement of Unit #207 and purchase of one (1) new Ford F-350 4x4 pickup truck from Elk River Ford in the amount of$20,229 plus sales tax: Lift gate and snow plow from Aspen Equipment in the amount of $6,009 plus sales tax. Funding shall be from the Park Capital Equipment Fund, 431-45200-5150. Upon vote: All ayes. Motion carried. C) Other Business - none ADMINISTRATIVE REPORTS City Council Minutes March 13, 2006 Page 13 of 14 Report of the City Manager . Met with a group of representatives that signed up to review a presentation to facilitate a community center/gym. School Board members were invited and two were present. Listened to a presentation by Mark Ruff and Jill Schultz, of Ehlers, whom we had recommended to facilitate this process last August. We backed off at that time so the School District could go ahead with their referendum. They were successful, so now it is time to get back to this. Quotes received: Ehlers, also does our bond underwriting; Shardlow/Uban, who worked on the Kmart site; and Hoisington-Koegler, who indicated they were too busy to do the study. This contract will come to Council March 27. We are open to all resident suggestions. The Ehlers group sends out three information newsletters to everyone in the cOlmnunity and holds three public hearings to give out all the information we have. Staff and some Councilmembers like that there will be extensive public input in this process. . Hectic day with the snow plowing. We had a lot of calls and hope that people bear with us and that the sun comes out to melt this snow. Williams questioned the wading pools issue. Fehst referred to the cooperative letter received from the County. He indicated that County Commissioner Kordiak came to our defense for County staffto work with us. These pools are velY used by our community, and we were going to be forced to do repairs estimated at $100,000 to $300,000. These pools work, they are serviceable, and they are tested every day. They will grandfather us in until any changes are made to the pools. Report of the City Attorney - nothing to report. CITIZENS FORUM - no one came forward. COUNCIL CORNER Kelzenberg . Thanked everyone for their patience with snow removal. The Post Office was without power until noon. . Reminder - no parking on city streets until after March 31. . The passing of Kirby Puckett was sad. . Sad at the passing afmy friend, Joe Bidwell. Williams . Citizens were screaming about snow removal, but it was worse to be on the freeways. Fehst stated our crews started at 3:00 a.m. and got stuck trying to push the snow. Fehst stated he was in Wisconsin and it took two hours to go one mile. We were on the job, but it was a tough snow to handle. Peterson indicated that plows had to drive fast and throw the snow far because it was so heavy. It was reported that 120 buses got stuck today. Fehst stated that we had about 11 inches of snow. . Did not make the meeting, but will contact the Police Chief about the house on 46th Avenue. . The School Board feels that decisions on a gym facility have been made without their input. Vie need proper communication. We should invite them to the work session next Monday. Peterson stated that they meet on the same date. Fehst stated that their representatives could attend. The people notified of the last meeting were those that signed the list at the previous meeting. Fehst indicated he spoke to Superintendent Kaldor and asked that evelyone be invited. There was a misunderstanding and it was not meant to harm anyone. Fehst stated that the feeling that a site has been selected is not true. Diehm City Council Minutes March 13, 2006 Page 14 of 14 stated that we have not even decided what we are considering. Stated there is already a movement against the idea. We need to encourage those against it to be on the committee. . Regarding the Star Bar - the Police Chief met with the owner regarding noise issues, which they are taking care of. The Chief gave the owner a copy of the petition that was presented. . There has been a rash of thefts. Auto World had a tow truck stolen this week. . Pray for the peace and health of our city and citizens. . Spoke of his acquaintance with Kirby Puckett's son. . We have street names for Huset Phase II, but need to work on the half streets. Diehm . March is food shelf month. Empty Bowls fundraiser was very well attended. . Spring session of preschool story time at the Library starts tomorrow. . Free income tax service is available several days a week at the senior center. . Asked Kathy Young if street sweeping that was to start on March 8 would be put off a little while. Young stated it would begin after the snow removal. Peterson . Our Fire Cadets received the 2006 Explorer Post of the Year award. Very proud of this. . Police Reserves received a like honor from the State Police Department. We have active groups. Thanked the Explores and Cadets and our Officers that spend time with them. . April 2 will be the Taste of Columbia Heights at Murzyn Hall from 3:00 to 7:00 p.m. It includes wine tasting. . April 26 at 7:00 a.m. is the Prayer Breakfast at Murzyn Hall. . Lolik play will be March 26 at Holy Cross in NE Minneapolis. . Rock Around The Clock fundraiser will be Friday, March 17, Murzyn Hall, beginning at 6:00 p.m. with a silent auction, food, and live music. Buy a brick fonns will be available. . Don't take ourselves too seriously and do a random act of kindness. ADJOURNMENT Mayor Peterson adjourned the meeting at 8:25 p.m. ~) ._11 ~vl~lYl~~~ ( Patricia Muscovitz, CMC { Deputy City Clerk/Council Secretary