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HomeMy WebLinkAboutMarch 24, 2003OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL MEETING MARCH 24, 2003 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, March 24, 2003 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. Chaplin Theresa Kraft, Crest View Senior Communities, gave the Invocation. CALL TO ORDER/ROLL CALL Present: Mayor Wyckoff, Councilmember Kelzenberg, Councilmember Williams, Councilmember Ericson, and Councilmember Nawrocki PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Wyckoff removed ltem ~ 5A2 (work session for March 31) and ltem ~ SAl O (estabfish hearing date). Wyckoff asked that any Columbia Heights' residents' with family in the military at this time contact her, as the City wouM like to adopt a soldier. Nawrocki stated that FFWPost 230 wouM be obtainingflags for families with members in service overseas to put in their window, and would like these families to contact the Post. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS A) Proclamation - National Library Week Mayor Wyckoff read the National Library Week Proclamation, April 6 through April 12, 2003, and presented it to Barb Miller, Katherine Fes/ey, and Patricia Sowada of the Library Board and Becky Loader, Library Director. Miller thanked the Mayor and Council, gave statistics regarding our Library, and listed various programs our Library has to offer. She referred to the "Read Across Heights'" bulletin board currently displayed at the Library. B) Presentations 1) Citizen Commendation Fire Chief Thompson, and Po/ice Chief Johnson were present to pay tribute and award a commendation to Nicholas' T. Linder for meritorious action. Scott Linder, (Nick's Dad) gave the details' of September 14, 2002 when a todd/er fell into a river; Nick could not reach her and quickly went for help. The little girl was found, resuscitated and survived. Thompson a/so read a letter from the Boy Scout Council commending Nick. C) Introduction 1) Anoka County Senior Outreach Karen Moeller, Senior Citizen Coordinator, introduced Nancy Shaw, Anoka County Senior Outreach worker and indicated Ms. Shaw provides information on services to seniors who may not be able to get out of their homes and at our Senior Center. Shaw gave her background and indicated her availabifity to local senior citizens. The main focus of the program is to help senior citizens remain in their home as long as possible. She presented Council with the Anoka County Resource Guide and fisting of Anoka County Senior programs. D) Recognition of 5th Annual League of MN Human Rights Commission Essay Contest Winners - Local Level 1) Catherine Cleary - First Prize 2) Klm Weber - Honorable Mention 3) Elizabeth O'Rourke - Honorable Mention City Council Minutes Maxch 24, 2003 Page 2 of 15 Wyckoff stated the Columbia Heights Human Services Commission sponsored this essay contest. Wyckoff presented certificates to the winner and the two honorable mentions. Catherine Cleary stated she attends Immaculate Conception School and then read her essay for Council and the audience. CONSENT AGENDA Walt Fehst, City Manager, took Councilmembers through the Consent Agenda items. 1) Approve City Council Meeting Minutes for March 10, 2003 Motion to approve the minutes of the March 10, 2003, regular City Council meeting as presented. 2) Accept Boards and Commissions Meeting Minutes Motion to accept the February 12, 2003 minutes of the Human Services Commission. Motion to accept the February 26, 2003 minutes of the Park and Recreation Commission Motion to accept the February 19, 2003 minutes of the Economic Development Authority Motion to accept the March 3, 2003 minutes of the Traffic Commission 3) Establish Work Session Meeting Date for April 7, 2003 -Removed from the agenda. 4) Approve Reappointment of Board and Commission members Motion to appoint Sean Clerkin to the Human Services Commission for a three year term, Barbara Miller and CatherineVesley to the Library Board for three year terms, Gerald Foss and Gary Mayer to the Park and Recreation Commission for five year terms, Donna Schmitt to the Planning and Zoning Commission for a four year term, Harold Netkow to the Police and Fire Civil Service Commission for a three year term, Dennis Stroik, Rueben Ruen, and David Mahoney to the Telecommunications Commission for two year terms, and Joe Sturdevant to the Traffic Commission for a four year term. 5) Award 2003 Sanitary Sewer Lining Project 0208 to Insituform Technologies Motion to waive the reading of Resolution No. 2003-10, there being ample copies available to the public. Motion to approve and adopt Resolution No. 2003-10, accepting bids and awarding the 2003 Sanitary Sewer Lining Project #0208 to Insituform Technologies USA, Inc. of Chesterfield, Missouri, based upon their low, qualified, responsible bid in the amount of $44,546.40 with funds to be appropriated from Fund 652-50208-5130; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Fehst stated that this is the second year ora two-year project fining sewers. RESOLUTION NO. 2003-10 BEING A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR 2003 SANITARY SEWER LINiNG - CITY PROJECT 0208 TO VISU-SEWER CLEAN AND SEAL, iNC. OF CHESTERFIELD, MISSOURI WHEREAS, pursuant to an advertisement for bids for City Project #0208 Sanitary Sewer Lining Project, bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Bidder Base Bid Insituform Technologies USA, Inc. $44,546.40 Visu-Sewer Clean & Seal, Inc. $55,972.80 Lametti & Sons Inc. $62,100.00 WHEREAS, it appears that Insituform Technologies USA, Inc. 17988 Edison Avenue, Chesterfield, Missouri 63005 is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA, THAT: 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract with Lametti & Sons, Inc. in the City Council Minutes Ma~ch 24, 2003 Page 3 of 15 name of the City of Columbia Heights for the 2003 Sanitary Sewer Lining Project, City Project 0208, according to plans and specifications therefore approved by the Council. 2. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made with their bids except the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been signed. 6) Adopt Resolution Requesting MSAS Construction Funds for Other Local Transportation Uses Motion to waive the reading of Resolution No. 2003-11, there being ample copies available to the public. Motion to approve and adopt Resolution No. 2003-11 requesting Municipal State Aid System construction funds for other local transportation uses. RESOLUTION No. 2003-11 BEING A RESOLUTION REQUESTING MUNICIPAL STATE AID SYSTEM CONSTRUCTION FUNDS FOR OTHER LOCAL TRANSPORTATION USES WHEREAS, the City of Columbia Heights receives Municipal State Aid System (MSAS) funds for construction and maintaining 20% of its City streets, and WHEREAS, 11.65 MSAS miles are currently authorized, and WHEREAS, 11.65 MSAS streets have been built or resurfaced since 1964, and WHEREAS, the City currently has 47.08 municipal streets that require maintenance and upgrade, and WHEREAS, the majority of these streets have insufficient strength and poor surface drainage, and WHEREAS, it is proposed to systematically install or repair concrete curb and gutters for improved surface water drainage and additional strength to the streets for traffic survivability, and WHEREAS, the City State Aid routes are improved to State Aid standards and are in an adequate condition that they do not have needs other than additional resurfacing, and WHEREAS, it is authorized by MN Rules 8820.1800 to use part of the MSAS construction appropriation of our City's State Aid allocation on local streets not on the approved State Aid system, and WHEREAS, the City proposes to rehabilitate the City-owned underground utilities as needed and rebuild the street in the process, and WHEREAS, it is proposed to use a portion of the City's population allocation funds to upgrade the local street, to wit: WHEREAS the City indemnifies save and holds harmless the State of Minnesota and its agents and employees from claims, demands, actions, or causes of action arising out of or by reason or matter related to constructing the local street as designed, and WHEREAS, the City further agrees to defend at its sole cost any claims arising as a result of constructing the local street, and WHEREAS, the final approval of the State Aid for Local Transportation Division is therefore given, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA that: the City of Columbia Heights, Anoka County Minnesota, requests the release of MSAS construction funds for the upgrade and reconstruction of City municipal streets, to wit: Washington Street (40a~ Avenue to 42~a Avenue), Madison Street (40a~ Avenue to 42~a Avenue), Monroe Street (40th Avenue to 42~a Avenue), Quincy Street (40th Avenue to 41st Avenue) and Van Buren Street (40*h Avenue to 41st Avenue). 7) Adopt Resolution Authorizing Application(s) to the MNDNR for an Outdoor Recreation Grant for Park Improvements Motion to waive the reading of Resolution No. 2003-08, there being ample copies available to the public. Motion to adopt Resolution No. 2003-08 being a Resolution authorizing the Public Works Director to submit an application to the Department of Natural Resources Outdoor Recreation Grant Program City Council Minutes Ma~ch 24, 2003 Page 4 of 15 for eligible funds for park improvements and designating the Director of Public Works as the primary contact for the program. Fehst stated this is a 50/50 grant for Huset Park and the Sullivan Lake Park trail. Funds for Huset Park would be to purchase the home at the corner of the park. RESOLUTION No. 2003-08 BEING A RESOLUTION SUPPORTING AN APPLICATION TO THE DEPARTMENT OF NATURAL RESOURCES OUTDOOR RECREATION GRANT PROGRAM FOR ELIGIBLE FUNDS FOR PARK IMPROVEMENTS AND DESIGNATING THE DIRECTOR OF PUBLIC WORKS AS THE CITY'S PRIMARY CONTACT WITH THE DNR WHEREAS, the City of Columbia Heights desires to work towards improving its Neighborhood Parks by facility replacements and new amenities; and WHEREAS, the City of Columbia Heights is in the process of completing and adopting a Parks Comprehensive Plan as a part of the City's overall Comprehensive Plan; and NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA that: the City Council supports the application of the Outdoor Recreation Grants for parks improvements as recommended by the City Park and Recreations Commission and that the Director of Public Works is hereby authorized to apply to the Department of Natural Resources for funding of identified projects on behalf of the City. BE IT FURTHER RESOLVED that the City of Columbia Heights has the institutional, managerial, and financial capability to ensure adequate construction, operation, maintenance and replacement of the proposed projects for their design life. BE IT FURTHER RESOLVED that the City of Columbia Heights has not incurred any costs for the proposed projects and owns the land for which the proposed projects will take place on. BE IT FURTHER RESOLVED that Columbia Heights has not willfully violated any Federal, State, or Local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. BE IT FURTHER RESOLVED that upon approval of its application by the state, Columbia Heights may enter into an agreement with the State of Minnesota for the identified projects and that Columbia Heights certifies that it will comply with all applicable laws and regulations as stated in the grant agreement. NOW THEREFORE BE IT RESOLVED that the Director of Public Works is hereby authorized to execute such agreements as are necessary to implement those projects receiving DNR Outdoor Recreation Grant Funding on behalf of the City. 8) Approve Final Plans and Specifications and Authorize Staff to Seek Bids for the 2003 Street Rehabilitation Program Motion to approve final plans and specifications for City Project 0302:2003 Street Rehabilitation Projects in Zone B, including utility improvements and authorize staff to seek bids for the same. 9) Add Caller ID to City's Phone Service Motion to authorize the Mayor and City Manager to enter into a five-year contract for PRI T 1 trunk line service and other telephone system changes at an estimated first year savings of $621 and an estimated annual savings of $4,369 per year for the four subsequent years. Fehst stated this would save $621 the first year and be an annual savings of $4, 369. This would allow city phones to be recognized on caller ID ' s. Bill Elrite, Finance Director, indicated that the DSS trunk line would be replaced with a PIR Trunk line. This would result in the stated monthly savings. Nawrocki asked what the caller ID option would cost. Elrite stated this is a feature of the package and there would be no extra cost. This would be afire-year contract. Modifications necessary to our current system would be an additional card to upgrade our switch box. Wyckoff stated that at this time calls from City Hall do not show on caller ID's with the City ' s phone number. Elrite stated the new system would only show the city ' s phone number. City Council Minutes Ma~ch 24, 2003 Page 5 of 15 10) Establish a Hearing Date of April 14, 2003, for revocation or suspension of rental property license at 5121 University Avenue - Removed from agenda. 11) Approve Rental Housing License Applications Motion to approve the items listed on the attachment to the council letter for rental housing license applications in that they have met the requirements of the Housing Maintenance Code. 12) Approve Business License Applications Motion to approve the items as listed on the business license agenda for March 24, 2003 as presented. 13) Approve Extension of Police and Fire (Medical) Service Contract with the City of Hilltop Motion to approve an extension of the police and fire (medical) service contract with the City of Hilltop through October 1, 2003, at a rate of $74,500 for police service and a rate of $170 per call for medical calls. Fehst stated this would increase our pofice service rate by 3.5 percent for a six month period while negations continue on a full police and fire contract for an extended period of time. Our proposal contained a change in service and fees, and they wouM like to continue discussions before a contract is entered into. The City of Hilltop has a contract with the City of Fridley for their fire services that expires at the end of this year. 14) 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 102558 through 102774 in the amount of $878,674.67. 15) Approve Premises Permit Application of VFW Post #230 for Charitable Gambling at LaCaberna Bar and Grill - Removed to be place on the agenda. Motion by Williams, second by Nawrocki, to approve the Consent Agenda items, removing Items #2, #10 and #15. Upon vote: All ayes. Motion carried. Item #15Approve Premises Permit Application of VFW Post #230 for Charitable Gambling at LaCaberna Bar and Grill Nawrocki indicated he is the Commander of this post and had initiated this request; therefore he would abstain from the vote. Motion by Ericson, second by Kelzenberg, to direct the City Manager to forward a letter to the State Charitable Gambling Control Board stating that the City of Columbia Heights has no objection to the issuance of a Class B premise permit for VFW Post #230 in conjunction with activities at LaCaberna Bar and Grill, 4952 Central Avenue N.E., Columbia Heights, Minnesota; and furthermore, that the City Council hereby waives the remainder of the sixty-day notice to the local governing body. Upon vote: Kelzenberg, aye; Williams, aye; Ericson, aye; Nawrocki, abstain; Wyckoff, aye. 4 ayes, 1 abstention. Motion carried. PUBLIC HEARINGS - None ITEMS FOR CONSIDERATION Other Ordinances and Resolutions 1) Second Reading/Adopt Ordinance No. 1455, being an Ordinance providing for the issuance and City Council Minutes Ma~ch 24, 2003 Page 6 of 15 sale of approximately $3,900,000 General Obligation Improvement Bonds. Series 2003. Elrite stated this is the second reading of the Ordinance for the sale of bonds and that the dollar amount would be reduced at the date of sale. Mark Ruff and Shelly Elridge, representatives of Ehlers and Associates were present. Ruff indicated the procedure to move forward for the sale of bonds. He stated that Councilmembers would be mailed final information prior to the sale on April 28th. The final amount is estimated between $2.9 to $2.95 million dollars. The call date, or prepayment date, would be eight years. There would be no tax levy on these dollars. This bond would meet all legislative requirements. Ruff indicated the current bond has been reviewed and is recommended to not be changed. Nawrocki questioned the variation in the listed and estimated dollar amounts. Ruff indicated items that affect the dollar amount. Nawrocki referred to proposals to be received from bidders and the annual payment. Ruff indicated there would be six to ten bidders and the annual payment would vary with 10 year or 15 year assessments. The maximum yearly amount would be under $350,000. Nawrocki stated that the amount would be reduced as the term continues. Motion by Williams, second by Kelzenberg, to waive the reading of the Ordinance No. 1455 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Ericson, to adopt Ordinance No. 1455 being an ordinance providing for the issuance and sale of general obligation improvement bonds, series 2003 in an amount not to exceed $3,900,000. Upon vote: Kelzenberg, aye; Williams, aye; Ericson, aye; Nawrocki, aye; Wyckoff, aye. All ayes. Motion carried. ORDINANCE NO. 1455 ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF APPROXIMATELY $3,900,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2003 THE CITY OF COLUMBIA HEIGHTS DOES ORDAIN: 1. It is hereby determined that: (a) the following assessable public improvements (the Improvements) have been made, duly ordered or contracts let for the construction thereof, by the City pursuant to the provisions of Minnesota Statutes, Chapter 429 (Act); Zone 5, Zone 6A, Zone 6B and Zone 7 Street Improvements; and Central Avenue Improvements (b) it is necessary and expedient to the sound financial management of the affairs of the City to issue General Obligation Improvement Bonds Series 2003 (Bonds) in a principal amount not to exceed $3,900,000 pursuant to the Act to provide financing for the Improvements. 2. Ehlers & Associates is authorized to negotiate the sale of the Bonds in the maximum principal amount specified in Section 1, in accordance with terms of proposal approved by the City Finance Director. The City Council will meet on Monday, April 28, 2003 or such other date specified by the City Manager in accordance with the City Charter, to consider the sale of the Bonds and take any other appropriate action with respect to the Bonds. 3. This ordinance shall be in full force and effect from and after thirty (30) days after its passage. 16) Second Reading/Adopt Ordinance No. 1454, being an ordinance amending Ordinance 853, City Code of 1997, authorizing Community Service Officers (CSO) to issue citations in lieu of arrest or continued detention to persons for certain violations Tom Johnson, Chief of Police, indicated this is a request to expand CSO enforcement and better utilize our resources. This would allow a CSO to issue a tag rather than involving a licensed Police Officer. Nawrocki requested that the minutes reflect that the initial contact would be to abate the problem rather than issue a ticket, and not be used as a way to raise revenue. Johnson stated that past history shows the department makes every effort to abate an issue, and issuing a ticket is the last resource. Nclwrocki questioned discussion from the last Council meeting regarding increasing penalties, dohnson stated a comparison was comlpeted with the State's fine schedule, and our amounts were close to theirs. City Council Minutes Ma~ch 24, 2003 Page 7 of 15 HaroM Hoium, 5th Street, asked if the Community Service Officers would issue the tags, as we only have one CSO. Johnson stated that we have two Community Service Officers. Hoium questioned items "M" and "W" for junk vehicles. Johnson indicated the difference was whether the vehicle was on private or public property. Hoium asked if regular officers would continue to issue tags. Johnson stated that they would Motion by Kelzenberg, second by Williams, to waive the reading of Ordinance No. 1454, there being ample copies available for the public. Upon vote: All Ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Ordinance No. 1454, being and ordinance amending Ordinance 853, City Code of 1977, authorizing persons hired as Community Service Officers in the Police Department to issue citations in lieu of arrest or continued detention to persons violating the following ordinances and/or State Statutes as listed in this ordinance. Upon vote: Kelzenberg, aye; Williams, aye; Ericson, aye; Nawrocki, aye; Wyckoff, aye. All ayes. Motion carried. ORDINANCE NO. 1454 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO AUTHORIZATION OF PERSONS OTHER THAN PEACE OFFICERS TO ISSUE TAGS FOR CERTAIN VIOLATIONS OF LAW The City of Columbia Heights does ordain: Section 1: Section 3.203 (7) of the City Code of 1977, passed June 21, 1977, which is currently reserved shall hereafter read as follows, to wit: 3.203(7) Ord. 1160 eff. 4-28-88 Persons hired as community service officers in the police department are authorized to issue a citation in lieu of arrest or continued detention to persons violating the following sentence of this Code, to wit: (a) §7.202(2) overtime parking in public parking areas (b) §7.202(3) loading zones (c) §7.202(4) bus stops and taxi stands (d) §7.202(5) metered parking areas (e) §7.202(6) boulevard parking (f) §7.202(6)(c)(iii) violation of a boulevard parking permit (g) §7.202(9) handicap parking (h) §7.203(1) temporary or emergency no parking (parades, inc.) (i) §7.205(1) six hour maximum parking 0) §7.205(2) parking in a traffic lane or in an alley (k) §7.205(3) abandoned vehicle (1) §7.205(4) fire lanes or other parking violations on private property (m) §7.205(7) junk vehicles (n) §7.205(11) obstruct traffic in a private parking lot (o) §7.205(12) overtime parking in a private parking lot (p) §7.205(13) no parking 2 a.m. to 6 a.m. (q) §7.205(14) no parking April 1 to May 1 when 3 1/: inches or more of snow on the street (r) §7.401(1) bicycle registration (s) §7.402(2) bicycle lights and reflectors (t) §7.402(3) miscellaneous bicycle violations (u) Chapter 8, Article 1, Sections 1 through 8, Animal Violations (v) §8.203(3) unauthorized signs in the public right-of-way (w) §8.204(2) junk vehicles (x) §7.401(3) bicycle impound (y) § 10,201(1) parking in a park 11 p.m. to 6 a.m. (z) § 10.201 (12) pets on leash when in City park (aa) Minn. Statute § 169.34 miscellaneous parking violations (bb) Minn. Statute §169.346 handicap parking (cc) Minn. Statute §169.34 parallel curb parking (dd) Minn. Statute §169.222 operation of bicycles City Council Minutes Ma~ch 24, 2003 Page 8 of 15 is hereby amended to read as follows: 3.203(7) Persons hired as community service officers in the police department are authorized to issue a citation in lieu of arrest or continued detention to persons violating the following sentence of this Code, to wit: (a) §7.202(2) overtime parking in public parking areas (b) §7.202(3) loading zones (c) §7.202(4) bus stops and taxi stands (d) §7.202(5) metered parking areas (e) §7.202(6) boulevard parking (f) §7.202(6)(c)(iii)violation of a boulevard parking permit (g) §7.202(9) handicap parking (h) §7.203(1) temporary or emergency no parking (parades, inc.) (i) §7.205(1) six hour maximum parking (j) §7.205(2) parking in a traffic lane or in an alley (k) §7.205(3) abandoned vehicle (1) §7.205(4) fire lanes or other parking violations on private property (m) §7.205(7) junk vehicles (n) §7.205(11) obstruct traffic in a private parking lot (o) §7.205(12) overtime parking in a private parking lot (p) §7.205(13) no parking 2 a.m. to 6 a.m. (q) §7.205(14) no parking April 1 to May 1 when 3 ½ inches or more of snow on the street (r) §7.401(1) bicycle registration (s) §7.402(2) bicycle lights and reflectors (t) §7.402(3) miscellaneous bicycle violations (u) Chapter 8, Article 1, Sections 1 through 8, Animal Violations (v) §8.203(3) unauthorized signs in the public fight-of-way (w) §8.204(2) junk vehicles (x) §7.401(3) bicycle impound (y) § 10,201(1) parking in a park 11 p.m. to 6 a.m. (z) § 10.201 12) pets on leash when in City park (aa) Minn. Statute § 169.34 miscellaneous parking violations (bb) Minn. Statute §169.346 handicap parking (cc) Minn. Statute §169.34 parallel curb parking (dd) Minn. Statute §169.222 operation of bicycles ~aov~ w ~arbige aha utfioriV/ab~a~d ~ ~uui a uthorie ~ ian~ W Mi~S This Ordinance shall be in ~11 force and effect from and after th~ (30) &ys after its passage. 17) Second Reading/Adopt Ordinance No. 1453, Partial Vacation of California Street NE. Tim Johnson, City Planner, indicated the platted right of way at this property is 60feet. The request is to vacate one-half of that street north of the cul-de-sac. The sale of the adjacent property is in process and this vacation is necessary for the parcel to have an adequate setback. Nawrocld asked if the cul-de-sac would remain as is. Johnson indicated it would and that an City Council Minutes Ma~ch 24, 2003 Page 9 of 15 easement would be maintained for utility purposes. Hoium stated that we shouM get paid for this vacation, dames Hoefi, City Attorney, stated the purchaser is paying for this property. Motion by Nawrocki, second by Williams, to waive the reading of Ordinance No. 1453, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams, to adopt Ordinance No. 1453, being an ordinance vacating a portion of California Street N.E. Upon vote: Kelzenberg, aye; Williams, aye; Ericson, aye; Nawrocki, aye; Wyckoff, aye. All ayes. Motion carried. ORDINANCE NO. 1453 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853 CITY CODE OF 1977, VACATING A PORTION OF CALIFORNIA STREET NE The City of Columbia Heights does ordain: Section 1: The City of Columbia Height hereby vacates a portion of the public street over, across, and under the following described property, to wit: The easterly 30 feet of the north 217.6 feet of California Street found within the recorded plat of Columbia Heights Annex, Anoka County, Minnesota, abutting lots 25-30, Block 73; and lying north of 39th Avenue and lying northerly of the existing cul-de-sac on California Street NE; excepting and reserving the authority of any person, corporation or mumcipality owning or controlling electric or telephone poles and lines, gas and sewer lines, or water pipes, mains and hydrants, thereon or thereunder, to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove or otherwise attend thereto. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. 18) Adopt Resolution 2003-12, a Resolution in Opposition to Anoka County's bill (S.F. 547) Regarding Formation of an Anoka County Community Development Authority in its current form Bob Streeter, Community Development Director, stated that Anoka County wishes to establish an Anoka County Community Development Authority, and add a tax for their economic development. Legislation is in committee to obtain this authority. Wyckoff stated that this resolution indicates the City is opposed and indicates an additional request. Streeter stated the request is an amendment to limit the ACCD's ability to levy to 30percent of the maximum levy and request that 70percent of the maximum levy allowed be returned to the City of Columbia Heights to fund redevelopment, economic development and housing related projects. Ericson questioned the second resolution included in the Council packet. Streeter indicated the recommended resolution was approved by the EDA and the second resolution was by request of Councilmember Nawrocki, which solely opposes the legislation. Nclwrocki stated that by talking to the City of Anoka he found they did an opposing resolution. This legislation wouM give the County a duplication of services or a second level, with 30 percent of the levy amount allowed the first year. Nclwrocki felt this wouM be hidden in the property tax statements, and referred to the Governor's "no new taxes "policy. Nclwrocki stated that we do not need another level of EDA/HRA. Ericson felt it was a good resolution, but wanted the language approved by our EDA included. Streeter indicated the recommended resolution gives the Council authority to request a percentage of the levy be returned to our City. Ericson stated this legislation can pass without City approval, but this would send a message telling them that a portion of the funds should come back to us for our residents. Streeter indicated that Columbia Heights would be the only city with this language. Fehst stated that the cities of Anoka, Ramsey and Fridley are not in favor of this bill. Fehst stated that the Anoka County lobbyist wouM be against this legislation. City Council Minutes Ma~ch 24, 2003 Page 10 of 15 Nawrocki read his proposed resolution: In Opposition to Formation of an Anoka County Community Development Authority in its Current Form and offered the resolution. Wyckoff stated that other counties have this tax and a prescient has been set. Motion by Nawrocki to adopt the resolution as read. Williams questioned the differences in the resolutions. Nawrocki stated that Columbia Heights residents already pay an EDA and HRA levy and this would create a second level of the same function. Ericson stated the recommended resolution says this in less detail. Ericson read the original resolution. Ericson stated the original resolution indicates our opposition and has been recommended by the EDA. Second by Williams, for the purpose of discussion. Williams indicated that the original resolution states we do not want a second tax, but if it is approved we want a percentage of it, and the alternate states that we oppose it. Dick Dustin, resident, asked if we would still have the City's levy if this law passed Nawrocki stated that two separate levies could be possible. Ericson stated that the State Legislature would make the final decision, but the hope is that our voice reaches them. Dustin felt the program should be left as is. Ericson stated that if we do not require the return of monies they could take the entire amount and spend it in other areas of the County. Kelzenberg questioned if the initial response should be to oppose the agenc,y and followed with additional requests if approved Ericson stated that the time line would not allow for this type of action. Nawrocki strongly recommended opposing the legislation. Wyckoff asked if our Representative and Senator could add the amendment recommended by our EDA. Streeter stated that Representative Goodwin indicated she would add the amendment. He stated this action would take additional steps to protect us by limiting the increase. Streeter stated that according to County Commissioner Kordiak, 83 of the 87Minnesota counties already have this authority Nawrocki indicated that this couM double our tax and referred to the additional levy for the 800 MGHTZ County radio system. Streeter indicated the intent of this resolution was to make sure that whatever happens benefits the residents of Columbia Heights. Ericson indicated that the amendment would cut the statutory amount to one-third Paula Hall, 433 7 3ra Street, asked if any of the funds couM be appropriated back to the schools. The consensus was that it wouM not. Kelzenberg stated his fear that funds wouM be used in other portions of gnoka County. Upon vote: Kelzenberg, nay; Williams, nay; Ericson, nay; Nawrocki aye; Wyckoff, nay. 4 nays - 1 aye. Motion failed. Wyckoff stated her appreciation of Nawrocki arguments. Motion by Ericson, second by Williams, to Adopt Resolution 2003-12, a Resolution in Opposition to Formation of an Anoka County Community Development Authority in its current form. Upon vote: Kelzenberg, aye; Williams, aye; Ericson, aye; Nawrocki, aye; Wyckoff, aye. All ayes. Motion carried. City Council Minutes Maxch 24, 2003 Page 11 of 15 Nawrocki stated this resolution emphasizes opposition and then asks for division of the taxing authority. RESOLUTION NO. 2003-12 BEING A RESOLUTION IN OPPOSITION TO FORMATION OF AN ANOKA COUNTY COMMUNITY DEVELOPMENT AUTHORITY IN ITS CURRENT FORM WHEREAS, Anoka County proposes to obtain special legislation to establish the Anoka County Community Development Authority; and WHEREAS, the proposed agency will have taxing authority throughout the entire County to fund housing and commumty development projects; and WHEREAS, such a taxing and development authority is not subject to the approval of mumcipalities within the County; and WHEREAS, the City of Columbia Heights establish has established a Housing and Redevelopment Authority, and Economic Development Authority with taxing and development authority to carry out such projects within the City; and WHEREAS, lines 10, 11 and 12 of Subd.2 of the proposed bill (attached hereto as Exhibit A), currently reads in stricken form, that "the County shall not exercise jurisdiction in any municipality where a mumcipal housing and redevelopment authority is established. NOW, THEREFORE, BE IT RESOLVED that the Columbia Heights City Council does not oppose the greater goals of a County- wide effort in the areas of job creation, housing development, improved transportation and general promotion and looks forward to the opportunity to work with the County to further these efforts; and NOW, THEREFORE, BE IT RESOLVED that the Columbia Heights City Council supports amending Senate File 547 limiting the Counties ability to levy to 30% of the maximum levy; and granting the Columbia Heights City Council the authority to request from the Anoka County Community Development Agency up to 70% of the maximum levy, to be returned to the City for projects related to redevelopment, economic development and housing as authorized under Minnesota State Statutes, sections 469.001 - 469.1080. Passed this 24~ day of March 2003. 19) Adopt Resolution 2003-13, a Resolution Authorizing An Agreement for Redevelopment Planning Services for the K-Mart Site Bob Streeter, Community Development Director, indicated that the Kmart site has been vacant for almost a year and staff is working with the landowner and a developer toward development. Staff recommended working with DSU to establish a site plan, to be sure all questions have been answered, and to consult and inform the public. The developer has agreed to pay 25 percent of this cost. Wyckoff questioned current ideas for the site. Streeter stated that the developer is considering owner occupied townhomes on a portion of the site. The study by DSU wouM take approximately 120 days'. Wyckoff indicated that sewer and traffic would be qf. fected and there needs to be foresight in this process. Streeter indicated this area should be carefully laid out, as it will potentially be therefor 75 years. Wyckoff indicated the desire for retail businesses along Central Avenue. Streeter stated there would be discussions with adjacent businesses and that other uses could be included in a later phase. Nawrocki stated that the City's share of the study would be $37, 500, and is an unnecessary expense at this time. The developer will determine what his is willing to do and it is Council's responsibility to determine if their plans fit the needs' of the City. Nawrocki referred to our experienced in-house planning staff of our Community Development Director, City Planner, City Manager, Community Development Assistant, Housing Assistant, and Councilmember Ericson's degree in planning. Streeter stated that the developer's site planners might not represent the city's best interest. Staff is City Council Minutes Ma~ch 24, 2003 Page 12 of 15 currently working on eight redevelopment projects, with the industrial area development being very time consuming. Streeter indicated that an investment of $3 7, 500for a $30-40 million dollar project was justified. 14/yckoff indicated the prior lack of interest in this area and that the developer want; this planning process and is willing to contribute to it. 14/illiams felt this information was necessary for a project of this size and we would be wise to use an outside source. Ericson stated that the contractor and developer recognize the importance of having a plan in place, and that staff'; expertise would benefit the process, but realizes the importance of using professionals. 14/yckoff indicated that resident; want nice retail businesses and restaurants, and our demographics to not support that, so we need this type of housing. Roger Strom, 690 47 ~ Ave, qustioned the cost of the proposed townhomes. Streeter estimated $175, 000 to $350,000. Wyckoff stated this wouM not be affordable or subsidized housing. Nawrocki stated the planner wouM not determine the price of the unit,'. Motion by Ericson, second by Kelzenberg, to waive the reading of Resolution 2003-13, there being an ample amount of copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Ericson, to adopt Resolution 2003-13, a Resolution Authorizing the City to Enter into an Agreement with Dahlgren, Shardlow, and Uban (DSU) for planning services related to the Redevelopment of the K-Mart Site for an amount not to exceed $37,500 on behalf of the City of Columbia Heights and to execute such agreements as are necessary. Upon vote: Kelzenberg, aye; Williams, aye; Ericson, aye; Nawrocki, nay; Wyckoff, aye. 4 ayes -1 nay. Motion carried. RESOLUTION NO. 2003-13 RESOLUTION AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT WITH DAHLGREN, SHARDLOW AND UBAN (DSU) FOR PLANNING SERVICES RELATED TO THE REDEVELOPMENT OF THE KMART SITE. WHEREAS, the City of Columbia Heights in guiding the future development of land is responsible to ensure a safer, more pleasant, and more economical environment for residential, commercial, industrial and public activities, and promote the public health, safety and welfare; and WHEREAS, the City can prepare for anticipated development, and by such preparations, bring about significant savings in both public and private expenditures; and WHEREAS, the Kmart site has been vacant for some time, and need to be redeveloped; and WHEREAS, the City desires to facilitate the redevelopment of the Kmart site, to ensure the site is redevelop to the highest and best use, and to ensure that any redevelopment would reflect most positively on the community of Columbia Heights. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to enter into an agreement with the planning firm of Dahlgren, Shardlow, and Uban (DSU), for an amount not to exceed $37,500 to be paid from Fund 420, for planning services related to the redevelopment of the Kmart site on behalf of the City of Columbia Heights and to execute such agreements as are necessary. Passed this 24a~ day of March 2003. 14~yckoff invited the students present to come forward and introduce themselves. A student asked if the Park and Recreation Commission meeting would be hem this Thursday. Several student; indicated "yes "for a skate park. Wyckoff asked student; to bring a dollar to the meeting to begin donations for the park. City Council Minutes Maxch 24, 2003 Page 13 of 15 Andrew Weber, student, stated that Columbia Market on 47th, a convenience store by his house, is selling tobacco to underage citizens. Chief dohnson stated that store would be included in a future compfiance check. Bid Considerations - none Other Business - none ADMINISTRATIVE REPORTS Report of the City Manager Upcoming Work Session Items for March 31, 2003 a) Refurbishment of Engine 4 and Rescue Vehicle 1 b) Budget item reductions Fehst indicated that wine in grocery store sales is being considered by the Legislature again, and that beer sales are the ultimate goal. He questioned this, especially in light of budget cuts, so he has joined a committee to make our voice heard by the Legislature. This would be a financial issue and cause additional enforcement issues. Fehst stated he and Chief Johnson wouM meet with legislators tomorrow to see if there is some possible, reasonable budget balance. Chief Johnson stated he was looking forward to possibly talking to the Governor and pleased the Mayor and City Manager would also attend, to discuss the dramatic impact budget cuts will have. Report of the City Attorney Nawrocki questioned the State's inquire of Centerville on meal expenditures and asked the attorney to review their situation and how it would apply to Columbia Heights. Hoeft represents the City of Centerville and stated the information circulating is incorrect and this is a dead issue. Hoeft stated that what Columbia Heights does is within State law. CITIZENS FORUM Roger Strom stated concerns about the cracks on 47th, a street that was just redone a few years ago. Wyckoff stated that the City Manager wouM refer this to the City Engineer. Strom also stated there were benches around Sullivan Park that were destroyed and removed. Fehst stated if deteriorated, they shouM be replaced and he wouM speak to Public Works about it. Ericson asked if there are park dedication fees available from the Nedegaard development, which couM be used. Fehst stated these funds couM be used. Wyckoff stated that the benches at Keyes Park were donated and have plaques on them, which couM also be done at Sullivan. Dick Dustin, 1708 39th Avenue, compfimented Fehst on the good job done by the Pubfic Works Department with snow removal this year. He suggested the Mayor be available to speak to the pubfic on one Saturday a month. Wyckoff thought this was a good idea and would look into having hours on the first Saturday of the month. Dustin suggested a reduction of personnel in the Pubfic Works Department to save money. Strom stated crews did an excellent job of sweeping snow off the trails in Sullivan Park. Wyckoff stated this is a very pretty three-quarter mile walking trail around the lake. Dustin questioned the recent spillage at the lake. Chief Johnson gave details of the City's involvement in the clean up. City Council Minutes Ma~ch 24, 2003 Page 14 of 15 CO[INCIL CORNER Nawrocki · Questioned employee response to ideas for budget cuts. 14Zyckoffstated she received 30 comments from staff and two from the public, which she will share with Councilmembers. · Questioned the mailing problem with the newsletter. Kelzenberg stated the reduction of routes and the postal coverage of Fridley. ,4 new plan is being worked on to assure coverage of our city. · Questioned the City Manager by phone regarding City trucks left running with no one in them in the Innsbruck area. · Asked for copies of the 2003-2007 Park Department Capital Improvement Plan · Questioned memo from Chernin regarding Groupwise. Fehst stated this was a request for staff to clean up the e-mail system · Met with NLC Conference MN delegation while in Washington DC, as it is important to maintain contact. Listed past projects, which benefited from delegate contact. Suggested staff review the FEMA application for Home Land Security funding. · Referred to City Manager's memo to meet anticipated reductions in State aid, and was sorely disappointed as it uses $300,000 in reserve funds. He felt the Police Department did a good job at making hard decisions. Fehst stated budget reduction suggestions would be discussed next Monday at the Council work session. Fehst has mandated that any position open would not be filled. Nawrocki stated that the City Manager is not meeting his responsibilities to the budget, and the Council is not meeting its fiduciary responsibility to have this done. There is some merit to using reserves to buy down the deficit, but what would happen next year and the next year. We need to plan for it now and decide on changes for the following years. Fehst stated this includes almost $500,000 in cuts and is aware this is not the answer for the two year proposal. Everyone will have input and the Council will decide what services they want. Wyckoff indicated the proposal is just a proposal at this point. We have extended talks to other cities to combine services. Ericson · It is inappropriate to take a memo addressed to Councilmembers and make it a Council Corner item; it should have been added to the agenda and not referred to at a point where other members could not respond. · Encouraged everyone to attend the Housing Fair sponsored by Rising to New Heights on April 6 from 10:00 a.m. to 6:00 p.m. Over 30 contractors will be present, along with master gardeners, City staff, community organizations, and lots of door prizes. The web site is www.risingtonewheights.org. Fehst stated this is the same date as the Lions Club breakfast. Williams · Spoke of his opportunity, along with Nawrocki, the City Manager, and Jim Hoeft, to show support for our troops by raising $3,000 in 45 minutes to purchase a sound system for the rally to support our troops. · Nice to have the City Manager back after his surgery. · Complimented the City Manager for the budget reduction memo, as this is a good start to address the issues. · Encouraged residents not to target one person for removal from a position. Encouraged citizens to participate in the process at a work session, but not such specifics at a Council meeting. We will come through budget the concerns just fine. · Excited about our students coming to our Park and Recreation Commission meeting regarding developing a skate park. Kids are using the streets for skating, so they need a safe place to go. Wyckoff invited students and parents to attend, as this may not be as expensive as we think, and we need to come up with some fund raising ideas. Strom questioned a possible site location. Williams City Council Minutes Ma~ch 24, 2003 Page 15 of 15 indicated the possibility of North Lomianki Park. Wyckoff stated that Prestemon or Huset are also possibilities. · Pray for the health, peace, and prosperity of our City and the World. Kelzenberg · Commended Catherine Cleary on her excellent essay and Nick Linder on his heroism. · Kelzenberg commented on approving $37,500 for a development study, and comparatively using $20,000 for a skate park to keep youth out of trouble. · Has received a verbal reprimand at work for receiving too many comments as a Councilmember, and asked that residents please call and leave him a message. Strom stated he sometimes has problems receiving his mail. Kelzenberg indicated there can be problems with half street addresses. Wyckoff · Judged a spelling bee at Valley View School. · Saturday morning the Anoka County Historical Society hosted a meeting at the Heights Theater with 135 people in attendance. Tom Lettness told of the history and renovation of the theatre and the pipe organ was played. · Yesterday, March 24th, the 3rd Annual Taste of Columbia Heights was held. 1,028 tickets were purchased and $.50 from each ticket will be donated to SACA. Nawrocki indicated that the City Council is obligated to conduct a performance review of the City Manager. He commented on the newsletter reference to the Jamboree parade route and suggested staff speak to the Lions Club. He also requested the fireworks, which were held on Friday last year, be displayed on Saturday or Sunday as in the past. Fehst stated he talked to Ben Shaffer and Shannon Meyer from Chamber of Commerce and they would like to again have a concert and the preferred night would be Saturday night. It was felt that holding the concert and fireworks on the same night would not work well because of crowd issues. Nawrocki indicated that the concert last year was not succes,ful. Fehst indicated that it takes a couple a years to build a reputation and that more contemporary music would draw a larger crowd Ericson suggested having Councilmembers sit in a dunk tank. Nawrocki stated that citizens have the right to make comment; relevant to the business of the City and we should encourage them. Regarding the City Manager's budget memo, Nawrocki stated this is a public document. He was glad the information was received, but felt it should have been on a timelier basis. Fehst stated the memo was not on the agenda when it was distributed Williams commented it was inappropriate for Councilmember Nawrocki to give additional rebuttal; during Council Corner. Mayor Wyckoff adjourned the meeting at 10:10 pm. ADJOURNMENT Patricia Muscovitz, CMC Deputy City Clerk