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HomeMy WebLinkAboutAugust 25, 2003OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL CITY COUNCIL MEETING AUGUST 25, 2003 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, August 25, 2003 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. Heidi Albrecht, Director of Christian Outreach, St. Matthew Lutheran Church gave the Invocation. CALL TO ORDER/ROLL CALL Mayor Wyckoff called the meeting to order at 7:04 p.m. Present: Mayor Wyckoff, Councilmember Williams, Councilmember Nawrocki, Councilmember Ericson, and Councilmember Kelzenberg PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA Nclwrocki suggested starting with the Council Corner items from August l lth. Wyckoff indicated he couM address any such items under 7C3, Other Business. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS A) Proclamations - None B) Presentation - None C) Introduction of New Employees - None D) Recognition Wyckoff recognized Ted Landwehr, outgoing Charter Commission Member, for his eight years of volunteer services on the Charter Commission. Landwehr thanked the City Council and all the Charter Commission members. He encouraged residents' to volunteer for this important commission, as the Charter is a constitution for the city, to make local decisions. Landwehr introduced Mike Hartel, who will be the Charter Commission President until the end of this year when elections are held Nclwrocki stated that the City Charter dates back to 1921. CONSENT AGENDA Walt Fehst, City Manager, took the Councilmembers through the consent agenda items 1) Approve City Council Meeting Minutes for August 11, 2003 Motion to approve the minutes of the August 11, 2003, regular City Council meeting as presented. Nawrocki indicated the following corrections: Page 8, regarding the request for a 3.2 liquor license: he did support the renovation of the building by the previous owner. Page 10, Citizens Forum response to Linngren: he did not suggest contracting out snow removal duties. Page 11, Council Corner: the Mayor gaveled the meeting closed before this agenda item. 2) Accept Boards and Commissions Meeting Minutes Motion to accept the August 5, 2003, minutes of the Library Board of Trustees, the July 17, 2003, minutes of the Charter Commission, and the June 23, 2003, minutes of the Park and Recreation Commission. Wyckoff indicated that the Charter Commission meeting was not a dinner meeting. City Council Minutes August 25, 2003 Page 2 of 9 3) Establish Work Session Meeting Date for Thursday, September 4, 2003 Motion to establish a joint Work Session meeting with the Economic Development Authority and the Planning and Zoning Commission to be scheduled for Thursday, September 4, 2003, beginning at 7:00 p.m. in City Council Chambers. Fehst stated this meeting would be to discuss the Kmart development proposal. Wyckoff invited residents' to attend to see future plans. 4) Establish Budget Work Session Meeting Dates for the 2004 Budget Motion to set budget work session meeting dates to review the 2004 budget (as listed on the council letter) s) Adopt Resolution No. 2003-35, Being a Resolution Adopting a Proposed Budget for the Year 2004 Setting the Proposed City Levy, Approving the HRA Levy, Approving a Tax Rate Increase, and Establishing a Budget Hearing Date for Property Taxes Payable in 2004 - Removed Nawrocki stated disappointment that more of the work session dates were not set for September, allowing Council more time to review the budget. 6) Authorize the Sale, Salvage, or Disposal of Specified City and Forfeiture Vehicles at City Auction Saturday, September 13, 2003 Motion to authorize the sale, salvage, or disposal of the specified city and forfeiture vehicles (as listed on the council letter) at the September 13, 2003, City auction. Nawrocki asked if proceeds go to the general fund. Fehst stated yes, except the forfeiture car receipts' go into the Pofice fund. Chief Johnson stated the fist of items can be made available at the City Hall information desk. 7) Establish Date for Public Special Assessment Levv Hearing for Zone 6B of the Street Rehabilitation Program Motion to establish Wednesday, October 8, 2003, at 7:00 p.m. as the Public Special Assessment Levy Hearing for City Project 2003-02, Zone 6B Street Rehabilitation, to be held in the City Council Chamber. Following discussion, Council agreed to set the date for Wednesday, October 8, 2003. 8) Authorize the Sale, Salvage, or Disposal of City Property at City Auction Saturday, September 13, 2003 Motion to authorize the sale, salvage, or disposal of surplus City property as indicated on the attached listing to the council letter of surplus property. 9) Authorize Staff to Seek Bids for Additional 2003 Sewer Pipe Lining - Removed 10) Establish a Hearin~ Date of September 8, 2003, for Revocation or Suspension of Rental Property License at 3732 3ra Street N.E. Motion to Establish a Hearing Date of September 8, 2003, for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Dale Frenzel at 3732 3rd Street N.E. 11) Approve Payment of Bills Motion to approve payment of the bills out of the proper funds as listed in the attached City Council Minutes August 25, 2003 Page 3 of 9 check register covering Check Number 104664 through 104825 in the amount of $999,918.25. 12) Approve Business License Applications Motion to approve the items as listed on the business license agenda for August 25, 2003 as presented. 13) Approve Rental Housing License Applications Motion to approve the attached list of rental housing license applications in that they have met the requirements of the Housing Maintenance Code. Motion by Nawrocki, second by Williams, to approve the Consent Agenda, excluding item 5. Item #5 - Adopt Resolution No. 2003-35, Being a Resolution Adopting a Proposed Budget for the Year 2004 Setting the Proposed City Levy, Approving the HRA Levy, Approving a Tax Rate Increase, and Establishing a Budget Hearing Date for Property Taxes Payable in 2004 Fehst stated this is the proposed budget levy for 2004, which if set couM not be exceeded This wouM allow for the recovery of sixty percent of lost State Aid The resolution recommended for adoption wouM set a proposed City, Library and EDA levy ofS5,447,260, establish a budget hearing date of December 1, 2003 and an HIM levy of $13 7, 683. Wyckoff stated that Fehst has met with each division head to discuss individual department budget,'. Fehst indicated that Council had previously discussed budget losses and the allowance to raise back sixty percent of State Aid This would make cities more dependent on their own property tax rather than balancing out funds on a need basis so each community could provide the same level of service as communities with higher bases, such as airport; and mega mall,'. Fehst read from the 2004 Budget Message information in the Council packet regarding percentage of aid lost at 39. 6percent and percentage increase through the city property tax levy increase of 16. 6 percent. Fehst referred to a chart indicating property tax history. 14Zyckoff stated that City Councilmembers would now meet with each division head to review their budget. 14Zyckoff asked the City Manager to explain that resident; will not received a huge tax increase. Fehst referred to typical house differential; on five different values of homes in Columbia. There was a decrease in most property taxes from 1997 to 2003. Fehst stated that the increase in 2004 wouM vary from 13 to 16percent. The State has decreased the tax burden on school districts, commercial and industrial property and placed more responsibility on the cities. 14Zyckoff stated that the budget information is available at the library and city hall. Wyckoff referred to an article from the Minnesota Business Monthly, which predict; that in ten years forty percent of municipalities will have merged Fehst stated this may seem scary, but for efficiency in government, it is worth looking at. We have attempted contacting surrounding communities to consider joint services with the City of Columbia Height,'. Nawrocki noted the name change to the budget book and indicated that it is still short of information that should be part of the budget. He agreed with the City Manager that there should be a consolidation of communities to make their size in line with the size of Bloomington. Nawrocki pointed out the cap on how much property values can be raised for taxable purposes, which may be removed in a year or two. Nawrocki pointed out that in the past taxes decreased because of the school; and city taxes increased The increase in the HIM levy must also be considered The result this year will be a 21.3percent increase in net dollar change. It is also necessary to consider there will probably be a utility rate City Council Minutes August 25, 2003 Page 4 of 9 increase. Also, residents are required to pay for a street assessment as their street is improved. Columbia Heights residents are facing considerable taxes and the way to handle this may be a referendum. He distributed an article from the City of Shoreview. Nclwrocki urged the non-support of this 21.3 percent property tax increase. Wyckoff compfimented Fehst on putting together the prefiminary budget. She referred to a negative article from the Tax League and resented that Columbia Heights was included in this. Fehst indicated that fund reserves are necessary, as aid is not received until July of each year. Nawrocki stated that we are not trying to findways to be more cost effective. He stated that the City Manager has the responsibility to look at all budget requests and to see what the ability of the citizens is to pay and make recommendations accordingly. Council is not doing its job to push the City Manager to downsize the city operation and meet the resources available to us. Fehst indicated that Council wouM make the final decision. Williams stated that cuts are being made and property owners can apply for property tax refunds. We are approving a maximum levy amount. Street improvement values must exceed what we are assessing. Wyckoff stated that we may cut services but we cannot cut our economic development taxes, as we need new homes and businesses. Motion by Ericson, second by Williams, to waive the reading of Resolution No. 2003-35, there being ample copies available to the public. Upon vote: Motion carried. Nawrocki indicated the claim is that we are just setting the maximum levy and we can reduce it, but there is never a reduction. Motion by Ericson, second by Kelzenberg, to adopt Resolution 2003-35, being a Resolution adopting a proposed budget, setting the City, Library and EDA proposed local levy at $5,447,260, establishing a budget hearing date for property taxes payable in 2004 for December 1, 2003 at 7:00 p.m. in the City Council chambers, approving a tax rate increase, and approving the HRA levy of $137,683. Upon vote: Kelzenberg, aye; Williams, aye; Ericson, aye; Nawrocki, nay; Wyckoff, aye. 4 ayes - 1 nay. Motion carried. #9 Authorize Staff to Seek Bids for Additional 2003 Sewer Pipe Lining Kevin Hansen, Public Works Director, stated this request is to accelerate the sewer pipe lining program to include the recommended 2004 segment of trunk sanitary sewer from 43rd to 45th on Central Avenue. The lines in this area were televised and determined to need lining. This area was split into three segments and this lining wouM accelerate the final year. Short term solutions to sewage backup problems wouM be lining sewer pipes, alarms (high level) in the sanitary sewers and possibly alarms in residential units. Long term solutions wouM include a continued televising and cleaning program, expanded lining program, and looking at other ways to reduce inflow. Nawrocki expressed disappointment in staff not helping residents with sewage backup cleanup. Wyckoff indicated that helping residents would show guilt on the part of the city. Fehst stated that some houses have insurance to cover clean up costs. Nawrocki asked that information be given to the public to contact their insurance company regarding backup insurance coverage. Mary Callaghan, 4219 Jackson, stated her befief that the NEI development affects the sewage backup problems in her area, and that it is a crime that residents have to clean up the muck. The streets were torn up and nothing was done to alleviate the problem. Hansen stated that for problems like this there is not one single solution. We have done many things over the years to reduce the risk and will continue to clean pipes, perform lining, replace lids, and seek out sources of inflow. City Council Minutes August 25, 2003 Page 5 of 9 Williams agreed that the problem was revolting, but there is no proof that the NEI project was responsible for the backup. This happened during a very heavy rainstorm. He described the difference between sanitary sewers and storm sewers, and believes that innocent people have sump pumps hooked up to the sanitary sewer. Wyckoff stated that the NEI project pipes go to their proper location, and that it is probably residential homes that have illegal connect,'. Callaghan asked why these homes are not checked and forced to correct this. Wyckoff stated that it is very costly to do this and that all homes in the City wouM need to be checked which is difficult during a budget crunch. Todd Clochie, 4244 Van Buren, read the letter he received from the League of Minnesota Cities Insurance Trust, which stated that based upon their investigation they believe the City of Columbia Height; wouM not be responsible for his damage. He indicated a personal lost of $7, 000 due to this backup. Clochie asked why the City has insurance if it will not cover things like this. He also had water in his bathroom last week when the pipes were being lined. Fehst indicated that there may be illegal connections from gutters and sump pumps that go into the sanitary sewer. Disconnect; require smoke tests, dye tests, and are expensive to correct, but that does not mean it shouM not be done. Nclwrocki stated that no one couM prove how much water the NEI development add; to the system, which does add to the problem. We will never totally solve the problem, but it is less than in previous years. We shouM help resident; clean up the mess. Wyckoff indicated that she voted no on the NEl project. Williams stated that Council took action on a quick fix to line the 650feet of pipe by these properties. The other option is to pass an ordinance and go into homes to check for illegal connections. He stated that the City Council is committed to finding a solution. Williams questioned why Mr. Clochie had water leaking in his home. Hansen stated that the pipe lining company gives resident; a 24 hour notice advising no use of facilities when the lining is being done, and he explained the lining process. Nclwrocki questioned the method to notify resident,'. Hansen will discuss notification with the company. Motion by Wyckoff, second by Ericson, to seek bids for additional 2003 Sanitary Sewer Pipe Lining Project. Upon vote: All ayes. Motion carried. PUBLIC HEARINGS A) Public Hearing called for Revocation/Suspension of Rental Housing License at 4253 McLeod Street N.E. Mayor Wyckoff closed the public hearing as the owner has paid the license fees and submitted a rental license application and scheduled an inspection. B) Public Hearing called for Revocation/Suspension of Rental Housing License at 3726 3rd Street N.E. Mayor Wyckoff closed the public hearing as the owner has paid the license fees and submitted a rental license application and scheduled an inspection. C) Public Hearing called for Revocation/Suspension of Rental Housing License at 4000 Washington Street N.E. Mayor Wyckoff closed the public hearing as the property is no longer rental property. D) Public Hearing called for Revocation/Suspension of Rental Housing License at 3736 3rd Street N.E. Mayor Wyckoff closed the public hearing at the owners has brought the property/building into compliance with the Residential Maintenance Code. E) Public Hearing called for Revocation/Suspension of Rental Housing License at 3819 Main Street N.E. Mayor Wyckoff closed the public hearing at the owners has brought the property/building into compliance with the Residential Maintenance Code. ITEMS FOR CONSIDERATION A) Other Ordinances and Resolutions 1) First Reading of Ordinance #1459, CenterPoint Energy Minnegasco Gas Franchise Agreement City Council Minutes August 25, 2003 Page 6 of 9 Hansen stated this is a renewal agreement, with the Ordinance modeled after the League of MN Cities information and reviewed by the Suburban Rate Authority (SRA). Changes include additional term definitions, a twenty year agreement and assurance that this wouM not conflict with the City's Right of Way Ordinance. This agreement will provide uniform restoration and give proper notice to CenterPoint Energy Minnegasco of any scheduled improvements. The agreement language provides for franchise fees; however, does not include any at this time, but may at a later date. The SRA legal council made comments on the definition of "Public Way to include easements" and added a sentence for federally funded projects. Hansen introduced Al Swintek, Community Services Manager from CenterPoint Energy Minnegasco. Swintek spoke on the franchise agreement and the company's long time relationship with the City of Columbia Heights. He stated that CenterPoint employees have participated in the local Habitat for Humanity projects, supported National Night Out programs, and been involved in local safety programs. Swintek presented Mayor Wyckoff with $2,500 check awarded through the CenterPoint Energy Minnegasco Community Partnership Grant program, to help improve the equipment in McKenna Park. Motion by Ericson, second by Kelzenberg, to waive the reading of Ordinance #1459, there being ample copies available to the public. Upon vote: All ayes: Motion carried. Motion by Ericson, second by Kelzenberg, to establish the second reading of Ordinance #1459, being an Ordinance adopting a gas franchise agreement with CenterPoint Energy Minnegasco for the City of Columbia Heights for September 8th, 2003, at approximately 7:00 p.m. in the Council Chambers. Upon vote: Ayes: Wyckoff, Williams, Nawrocki, Ericson, Kelzenberg. Motion carried. Ericson stated that Minnegasco employees volunteer on the Planning and Zoning Commission and the Rising to New Heights Committee. B) c) Bid Considerations - None Other Business 1) Appoint Member to the Planning and Zoning Commission Wyckoff read the list of current applications, following the resignation of Tom Ramsdell. Nawrocki stated that the Chair of the Planning and Zoning Commission spoke disparagingly about Mr. Thompson. He listed Mr. Thompson's relevant background Motion by Nawrocki to appoint Mr. Thompson to fill the unexpired term on the Planning and Zoning Commission. As a second was not received, the motion was not considered. Motion by Williams to appoint Marlaine Szurek to fill the unexpired term on the Planning and Zoning Commission. Williams listed Ms. Szurek's relevant background Second by Kelzenberg. Wyckoff indicated her assurance that Ms. Szurek wouM do a good job, but stated concern with having two former council members on this commission. She suggested appointing Rob Fiorendino, to encourage new residents to become involved Ericson stated that all of the candidates interviewed last spring were excellent and stated her appreciation to all those willing to service. She agreed with seeking new people and tapping into the resources we currently have. Ericson encouraged those on the list to continue be involved in the community. City Council Minutes August 25, 2003 Page 7 of 9 Upon vote: Kelzenberg, aye; Williams, aye; Ericson, aye; Nawrocki, nay; Wyckoff, nay. 3 ayes - 2 nays. Motion carried. 2) City of Columbia Heights Bylaws of Procedures and Decorum 14Zyckoff apologized for the actions of Councilmembers at the last meeting, and referred to the City Council Bylaws of Procedures and Decorum. She asked that this document be available to the public at the entrance to the Council Chambers, and that Councilmembers intend to go through this document line by line at a work session. Wyckoff indicated that these rules shouM be followed until the present Council can modify, eliminate or add to this document. Nawrocki stated that it is up to each new body to adopt their own operating rules. He took strong exception to comments regarding the meeting of two weeks ago, and referred to openness in government. Nawrocki requested background information from the origination of these Bylaws. Motion by Nawrocki, second by Williams, to refer consideration of the Columbia Heights Bylaws of Procedures and Decorum to a work session. 14Zyckoff questioned City Attorney Jim Hoefi whether or not this document was still vafid Hoefi stated that Council could address the document whenever they choose, but currently, this is the document to follow. Ericson agreed to discuss this at a work session, but felt certain items should be highlight at this meeting. Wyckoff read the City of Columbia Heights Bylaws of Procedures and Decorum purpose statement and highlighted procedures from the document. Wyckoff indicated why she adjourned the last meeting when she did Nawrocki indicated that the adjournment was to silence him from making his point. He indicated that all meetings should be cablecast for openness in government. He stated that the presiding officer should be a position of neutrality and to insure that each person gets his or her voice. Nawrocki highlighted his comments regarding procedures in the Bylaws. Ericson indicated that this motion is good to challenge us to be concise in our documents, but that it is unfair to expect others to listen to one Councilmember go on for extended amounts of time. Kelzenberg stated that after reviewing the Bylaws, he felt that they made sense and are for both Councilmembers and citizens. He suggested Councilmember Nawrocki create a bylaws document and that Council review both documents. Upon vote: Kelzenberg, aye; Williams, aye; Ericson, aye; Nawrocki, nay; Wyckoff, aye. 4 ayes -1 nay. Motion carried. Wyckoff gave Nawrocki the opportunity to discuss his unheard comments from the last Council meeting. Nawrocki indicated he would include the items in Council Communication. ADMINISTRATIVE REPORTS Report of the City Manager Wyckoff asked Fehst to list the recent employee promotions. Fehst stated that Lenny Austin was promoted from Police Corporal to Sergeant, Lee Okerstrom was promoted from Police Investigator to Corporal and Gary Gorman was promoted to Assistant Fire Chief City Council Minutes August 25, 2003 Page 8 of 9 Report of the City Attorney- none CITIZENS FORUM Lester Chies stated he was representing 980 44th Avenue, which is a four-plex by the post office. The concern was water backup from LaBeNe swamp into their basements. He indicated there is too much water running through the storm sewer pipe and that the LaBeNe valve must be shut off completely. Ms. dezuskoc, a resident of the building, confirmed the situation. Hansen stated that LaBeNe pond has a control structure, which is manipulated depending on rainfall events. He described the gated control structure, which is left twenty-five percent open, to release water slowly. The gate was not manipulated during the time mentioned. Chies stated that the pond should not have been hooked up to the storm sewer. Wyckoff asked what could be done. Hansen stated that the water was held back during the rain events of 199 7 and 2003. This could be looked at during the next scheduled roadwork in this area, but would be three to four years away. Wyckoff asked for a written report from Hansen. Nawrocki asked that Chies receive a copy of this report. Deb Johnson 999 4F't, stated that she read the Apache Theater is closing and suggested this area for housing. Wyckoff talked about possibifities for Hart Boulevard. Terry Kelly, 4245 Jackson, asked when the pipes on her street wouM be fined. Hansen indicated that, based on televised inspections, there is currently no fining recommended on Jackson Street. In October, fining win rd th be completed on the trunk line from 43 to 45 . Kelly expressed disappointment that she was encouraged to submit all information on her sewage backup damage and was then denied by the City's insurance carrier. Hansen again referred to the problems of iNegal connections and televising lines to fin intrusions. Only one connection was found in the public line and that was removed. Ericson stated that even though Jackson Street wouM not be lined the lining of connecting pipes wouM also bring refief to her area. Wyckoff stated the desire to rectify this problem. Matt Sherin, 4250 Jackson, asked if the flow from any fines disconnected during road work were moved to another area. Hansen, stated no, but there was a connection into Jackson pond that was disconnected in 2001. This did not change the inflow, as it was an overflow connection. Sherin suggested that the large building and large parking lot close to this area shouM be researched for illegal connections. Hansen stated that building is not a pubfic facifity and the entire drainage area wouM need to be researched. Lorraine KroN, 4256 dackson, suggested dredging dackson pond. Hansen stated this wouM not help. Nawrocki explained why this wouM not help. KroN stated that she did not have any sewage backup, as she put in drain tile five years ago. Fehst asked if she had an automatic backup valve. KroN stated yes, and that it does work, but recently had battery backup installed in case of a power outage. COUNCIL COMMUNICATION Request by Councilmember Nawrocki - regarding Insurance Claims Nawrocki stated that the home at 3 710 Polk Street, suffered erosion under the garage from a water main break on February 14, 2003. City crews helped with clean up of the dirt that washed out, but did nothing with the void under the garage. The resident has estimates of $400 to $500 to ffN in the area. The City's insurance win not cover it, claiming "an act of God". We need to ffN the void or have a contractor do it. Williams requested a work session discussion regarding setting up an emergency fund for situations such as this. Hoefi suggested having a comprehensive review by our insurance carrier and having a loss prevention person speak at a work session as to why these types of situation come up and why persons are not satisfied. Fehst stated we did clean up sediment from this freeze/thaw water break and the City Council Minutes August 25, 2003 Page 9 of 9 insurance company did inspect the property and gave their decision. Nawrocki indicated there shouM be consideration of moral obligations. Fehst stated this would be discussed at a work session. Kelzenberg Nothing to report. Williams · Referred to Helen Kersh and the beautiful tomatoes she has grown with the removal of the tree next to her garden. Indicated that you can trim a tree overhanging your property line. Hoefi stated he would not address tree situations on private property, and indicated there are many variables regarding public property. Nawrocki indicated that you could cut branches as long as you are standing on your property, but if the tree dies they may sue you. Hoefi stated that any Councilmember can discuss property owners rights, and if an individual wants to he or she can give legal advise; but this Council, as a body, would not give advice in this situation. Wyckoff suggested getting the advice of our Tree Inspector. · Pray for the peace and prosperity of our City. Hope to make amends to citizens with water in their basements. Wyckoff · Wednesday, August 27th at 6:30 p.m. there will be a Minneapolis Water Works construction update at Murzyn Hall. · The August Library Patrons of the Month are Library Volunteers. Ericson · Have a safe Labor Day weekend. Nawrocki · Correction to televised Mayor's Report - The motion made regarding the levy was seconded by Councilmember Williams. · Indicated that comments regarding City employee's time on a job were comments directed to him. Was told to bring it up at a work session and did. Did not say it was true or was not true, but should be looked into. Employee budget cut recommendations were ignored. We do have good staff in the city, good department heads, and in times of emergency we have good service. The City Manager should be more aggressive in searching out more cost effective actions. There is a need to downsize. · Suggested allowing a direct payment plan for utility bills, as this would be better than residents giving credit card numbers to the City. ADJOURNMENT Mayor Wyckoff adjourned the meeting at 10:07 p.m. Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary