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HomeMy WebLinkAboutNovember 10, 2003OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING NOVEMBER 10, 2003 The following are the minutes of the regular meeting of the City Council held at 7:00 p.m. on Monday, November 10, 2003 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. Pastor Peter Law, Community United Methodist Church gave the Invocation. CALL TO ORDER/ROLL CALL Present: Mayor Wyckoff, Councilmember Williams, Councilmember Nawrocki, Councilmember Ericson, and Councilmember Kelzenberg PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA - none PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS Presentations 1) North Star Corridor Development Authority Nawrocki introduced Paul McCarron, North Star Corridor Development Authority (NSCDA) and gave his background He indicated that the Authority did not receive State funding last year for the corridor, but have Federal funding and will continue to pursue funding from the State. McCarron spoke of the goals for the North Star Corridor rail fine. He referred to misleading reports' about the project and handed out a brochure. McCarron stated that safety costs' have accelerated and the Federal Government is now more stringent on projects' and criteria, but he is confident that the facts will allow passage by the Legislature. He stated that the Governor has been very fair on this project. Dm Yantos gave a power point presentation on the North Star Corridor, referring to the current congestion on Highway ~ 10 and to the advantages of this form of travel from St. Cloud to Minneapofis. Large companies, such as Medtronic, have indicated a high need for this asset. The Minneapofis end of the fine would be adjacent to the Hiawatha Line, which then goes through the Twin Cities. Yantos indicated that 82 percent of residents surveyed support commuter rail. It is estimated that this rail would be equivalent to adding one and one half lanes for traffic. The Corridor rail could be operational by the year 2007. The total cost of the project would be $310 million, but would not take away any road project funding. To answer Wyckoff' s questions, Yantos stated that the nearest stop to Columbia Heights' would be 61~'t and Central. The one-way ticket price to Elk River would be $4, and $8 to St. Cloud Wyckoff asked how this would benefit Columbia Heights' residents'. McCarron stated that this transportation system would benefit all Minnesota residents'. A resident questioned travel speed and potential crossing accidents'. McCarron indicated the speed is regulated Federally and special attention would be paid to safety issues, such as improvements' to crossing barriers so that cars can not get around them. 2) Sister City Committee Dolores Strand Sister City Committee Co-Chair, spoke of their current fundraiser of "We're Going Nuts for You" sellingfive different kinds' of nuts with the proceeds' to benefit the Wheelchairs for Peace program, where every $ 75 dollars' raised is matched by Mr. Barings foundation to purchase a wheelchair. The goal of the Sister City Committee is to raise $18,000, which equals' one container of wheelchairs. The wheelchairs would be distributed in our Sister City of Lomianki, Poland Williams stated that last year's hofiday party proceeds were donated to this cause. Strand indicated $3,000 was received and is being held for this fundraising goal. Upcomingfundraisers include a spaghetti City Council Minutes November 10, 2003 Page 2 of 12 dinner sponsored by Auto World and a classical concert. Strand indicated that the Committee is also considering partnering with the City of Winona, who is just becoming involved with a city in Poland. Strand listed locations where the nuts would be available and distributed a sample to the Council and audience. Dolores Strand stated that Barb Karol passed away suddenly. She was an active member of the Sister City Committee. Wyckoff indicated she was also on the Human Services Commission. Barb will be very missed by everyone. Nawrocki suggested the Sister City Committee conduct their fundraiser during the "Light the Heights "promotion. 3) Columbia Heights Women of Today Stephanie Goodman, Columbia Heights Women of Today, stated their group would sponsor a Home Based Community Fair and Home Business Expo on November 12, 2003 at Murzyn Hall from 6:00 p.m. to 9:00p. m. There is no admission charge. This will give women ideas to generate income from their homes. Nawrocki suggested the Sister City Committee be included in this event. Goodman stated the event has already had to turn interested participants away. CONSENT AGENDA City Manager Walt Fehst took Councilmembers through the Consent Agenda items. 1) Approve City Council Meeting Minutes for October 27, 2003. Motion to approve the minutes of the October 27, 2003, regular City Council meeting as presented. 2) Accept Boards and Commissions Meeting Minutes a) Motion to accept the October 22, 2003 minutes of the Park and Recreation Commission. Nawrocki encouraged reading how the waiving of fees for Murzyn Hall is being handled. b) Motion to accept the October 28, 2003 minutes of the Planning and Zoning Commission. c) Motion to accept the November 4, 2003 minutes of the Planning and Zoning Commission. d) Motion to accept the October 23, 2003 minutes of the Charter Commission. 3) Authorize final Change Order #1 for additional work common excavation and aggregate base material to the Zone 6B Street Rehabilitation, City Project 0302 to Midwest Asphalt Corporation in the amount of $36,703.65 to be funded out of the PIR Fund. or Assessments ($22,022.20) and the Infrastructure Fund_($14,681.45). Motion to authorize final Change Order #1 for additional work common excavation and aggregate base material to the Zone 6B Street Rehabilitation, City Project 0302 to Midwest Asphalt Corporation in the amount of $36,703.65 to be funded out of the PIR Fund, or Assessments ($22,022.20) and the Infrastructure Fund ($14,681.45). Nawrocki questioned why this was not presented prior to the Assessment Hearing. Kathy Young, Assistant City Engineer, stated the work was done as the project progressed, at the original bid price not an extra, but the quantities for the subgrade work and correction were not available at that time. The amount was included in the assessments. 4) Approve transfer of funds for off duty security worked from the General Fund to reimburse the Police Department overtime budget Motion to transfer $5,161.57, the total amount received from Unique Thrift Store, CHHS graduation activities, and Immaculate Conception Church Fun Fest for off duty security worked from the General Fund to the Police Department 2003 budget under line 1020, Police overtime. City Council Minutes November 10, 2003 Page 3 of 12 Nawrocki stated that the Senior High party and lmmaculate Conception Church shouM not be charged. Wyckoff indicated this could be discussed at a work session. 5) Approve transfer of Safe and Sober Funds from the General Fund to the Police Department 2003 overtime budget. Motion to transfer $2,278.93, the total amount of money received from the State of Minnesota for our efforts in the Safe and Sober program from the General Fund to the Police Department overtime budget line 1020. 6) Authorize acceptance of Juvenile Accountability Block Grant from the State of Minnesota Motion to authorize the Mayor and the City Manager to accept a grant from the State of Minnesota Office of Justice Programs/Juvenile Accountability Incentive Block Grant for $5,898 with a match of $655, which is to come from unexpended funds in the 2003 Police Department budget. 7) Approve Premises Permit Renewal/Application Class B Gambling License for VFW Post #230 - Removed 8) Approve request for a Conditional Use Permit for Columbia Heights Rental to allow for outdoor storage in conjunction with the primary business for the proposed Columbia Heights Rental Center at 5045 and 5065 51st Court NE. - Removed 9) Approve Business License Applications Motion to approve the items as listed on the business license agenda for November 10, 2003 as presented regarding the new licenses for 2003 and the renewals for 2004. 10) 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 105683 through 105866 in the amount of $832,018.29. Nawrocki questioned Check ~ 105 781, Connelly Industrial for $ 7, 80 7for a pond monitor and Check ~ 105 783, Coordinated Business Systems for $31, 784for copiers. Council authorizedpart of this amount for copiers, but we are paying for three copiers with one check. Fehst stated that the other two copiers were authorized in the budget and paid together to save money. Nawrocki did not agreed with breaking out portions ora purchase. Williams stated that Council was informed of the savings by use of this format. Young stated that the Connelly Industrial does a lot of work on our lift system and pump stations. Motion by Williams, second by Nawrocki, to approve the Consent Agenda items, not including items #7 and #8. Upon vote: All ayes. Motion carried. #7 Approve Premises Permit Renewal/Application Class B Gambling License for VFW Post #230 Nawrocki stated that he is the signatory for this Post and it wouM be inappropriate to vote on this application. Motion by Williams, 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 renewal of a Class B charitable gambling license for VFW Post #230, 4446 Central Avenue NE, Columbia Heights; 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. City Council Minutes November 10, 2003 Page 4 of 12 #8 Approve request for a Conditional Use Permit for Columbia Heights Rental to allow for outdoor storage in conjunction with the primary business for the proposed Columbia Heights Rental Center at 5045 and 5065 51st Court NE. Wyckoff stated her pleasure that Columbia Heights Rental will build a new facility with indoor storage. Nawrocki indicated the building was not that attractive with about 5, 500 square feet, but there is outside storage of about 6, 000 square feet. If the goal is to develop a good tax base, you do not get that from outside storage. Neighbors have concerns if the evergreens would remain as a buffer and if the property would be kept clean, as the area behind Denny's is not. Nawrocki requested enforcing cleanup behind the Denny's restaurant. Dm dohnson, City Planner, stated that the Planning and Zoning Commission (P&Z) has reviewed the plans and determined the proposed facifity and accessory building meet all requirements. The request is for outside storage for the business. The primary business is retail showroom. All outdoor items will be screened with only truck tops being visible. Wyckoff questioned their purchase of three parcels and the proposal to only build on two of the parcels. Wyckoff asked if the Denny's parking lot would remain empty, dohnson stated it would. Nawrocki questioned the location of the propane tank and if the trees wouM remain, dohnson stated that the tank would be on the second lot and that the owner would try to save as many trees as possible, with the plan indicating additional trees to be planted. Ericson stated that the P&Z carefully examined outdoor storage in the zoning ordinance, which has extensive conditions. This appficant has done a very goodjob meeting the conditions and resolving all questions. Nawrocki was concerned with this large of a parking area in regard to only paying land taxes. Ericson referred to how long the property has sat vacant. A resident (Novotny) indicated this property has been vacant for forty years. Frank Novotny, 1061 Polk Place referred to the grade between his property and this business, and requested that the trees between them remain, as he would tike the view of equipment blocked off. Mark Moser, Columbia Heights Rental, stated the site plan tries to save as many trees as possible for a buffer. Ericson stated that Design Guidefines require eleven trees be planted and the owners are proposing to plant 25 trees. A resident requested to see a picture of the proposed building, dohnson showed a rendition and stated this does satisfy our Design Guidefines. Motion by Williams, second by Ericson, to approve the Conditional Use Permit for Columbia Heights Rental to allow for outdoor storage in conjunction with the primary business at 5045 and 5065 51 st Court NE, as the use is consistent with the General Business (GB) District, and meets required performance standards and required findings. Upon vote: Kelzenberg, aye; Williams, aye; Ericson, aye; Nawrocki, nay; Wyckoff, aye. 4 ayes- 1 nay. Motion carried. PUBLIC HEARINGS A) Public Hearing to approve revocation of the Rental License for 4927 & 4935 University Avenue NE. Motion by Wyckoff, second by Williams, to table a Resolution of the City Council of the City of Columbia Heights approving Revocation Pursuant to Ordinance Code Section 5A.408(1) of the Rental License held by Sela Investments regarding rental property at 4927 & 4935 University Avenue NE to the December 15, 2003 City Council meeting. Upon vote: All ayes. Motion carried. B) Public Hearing to Adopt Resolution #2003-48, being an Order regarding the maximum permitted basic programming service rate set forth in the Federal Communications Commission Form 1240 filed by Comcast on or about February 26, 2003 and to Adopt Resolution #2003-49, being an Order regarding the maximum permitted equipment and installation rates set forth in the Federal Communications Commission Form 1205 filed by Comcast on or about February 26, 2003. City Council Minutes November 10, 2003 Page 5 of 12 Steve Guzzetta, Creighton, Bradley and Guzzetta, and attorney on cable related matters, with the City, indicated that Resolutions 2003-48 and 2003-49, concern maximum permitted basic programming rates and maximum permitted equipment and installation rates. He gave the background on the FCC rules and stated that the City can only regulate basic rates on the basic tier, and installation and equipment rates. A Rate Analyst pe~ormed a pe~unctory review of the 2003 FCC Forms 1240 and 1205 and felt a full rate analysis would not be recommended The option recommended preserves the City's rights and neither approves or denies the maximum permitted rates, but would function as a rate ceiling during the relevant rate period Guzzetta stated that through discussion with Linda Magee, Assistant to the City Manager, he found that no commission member agreed to the need for a substantive analysis, at an approximate cost of $50, 000. Guzzetta asked that prior to adopting the Resolutions, the Mayor open the public hearing, listen to concerns, and close the public hearing. Wyckoff asked if this is a rate increase. Guzzetta stated no, rates have not increased since 2002, but this wouM approve a rate ceiling based on the requirements in the rules. Ericson stated that Comcast couM be charging the maximum rate, but they are not. Onzzetta referred to the substantive analysis completed in 2001, and that it may be beneficial to do a study again next year. Williams reminded everyone of the free basic channels, cable service, and questioned competition from dish networks. Guzzetta indicated there is competition, but there are more options with cable. Kathi Donnelly-Cohen, Comcast, indicated these forms were submitted in February, as required but Comcast did not propose to raise the rates. Nawrocki felt that these rates did not reflect what the average resident pays for cable service, which was originally SlOper month, with that same package today being $46-$47. Nawrocki indicated he is not supportive of studies, but it may be necessary to keep the provider in line. Nawrocki urged Councilmembers to adopt the resolutions. Donnelly-Cohen indicated there were initially 36 channels for basic service and there are now 80 channels. These forms are required by the FCC to show company costs. Deb Johnson, 999 4F't Avenue, stated that many communities have a discounted cable rate for seniors, and asked if this wouM be possible in Columbia Heights. Donnelly-Cohen stated that basic cable is available, and there are different levels and packages that are affordable for different levels of subscribers. Guzzetta read the list of stations available at the basic rate, and indicated a senior rate couM be negotiated during the franchise renewal in November of 2006. Nclwrocki agreed with the recommendation ora senior citizen cable rate. Kelzenberg indicated that the community room at Crest Fiew couM not get cable T. 1~. Donnelly-Cohen stated that Crest Fiew has not entered into such an agreement. The room would require wiring, but there would be no charge for doing so. Mayor Wyckoff opened the hearing and asked for comments from the audience. As no comments were received the public hearing closed Motion by Williams, second by Kelzenberg, to waive the reading of Resolution No. 2003-48, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to Adopt Resolution #2003-48, being an Order regarding the maximum permitted basic programming service rates set forth in the Federal Communications Commission Form 1240 filed by Comcast on or about February 26, 2003. Upon vote: All ayes. Motion carried. City Council Minutes November 10, 2003 Page 6 of 12 Motion by Kelzenberg, second by Williams, to waive the reading of Resolution No. 2003-49, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to Adopt Resolution #2003-49, being an Order regarding the maximum permitted equipment and installation rates set forth in the Federal Communications Commission Form 1205 filed by Comcast on or about February 26, 2003. Upon vote: All ayes. Motion carried. RESOLUTION NO. 2003-48 ORDER REGARDING THE MAXIMUM PERMITTED BASIC PROGRAMMING SERVICE RATE SET FORTH IN THE FEDERAL COMMUNICATIONS COMMISSION FORM 1240 FILED BY COMCAST ON OR ABOUT FEBRUARY 26, 2003 WHEREAS, under Section 623 of the Cable Communications Policy Act of 1984, 47 U.S.C. § 543, as amended, the City of Columbia Heights, Minnesota (hereinafter the "City") is permitted to regulate rates for basic cable service; and WHEREAS, the City is certified as a rate regulation authority pursuant to rules of the Federal Communications Commission (hereinafter "FCC"); and WHEREAS, MediaOne North Central Communications Corp., now known as Comcast of Minnesota, Inc. (hereinafter "Comcast"), the current franchise holder, filed with the City an FCC Form 1240 "Updating Maximum Permitted Rates for Regulated Cable Services", which was dated February 5, 2003, and received on or about February 26, 2003, purporting to set forth and justify the maximum rate it could charge to subscribers in the City for basic cable service (hereinafter the "2003 FCC Form 1240"); and WHEREAS, the City held a public hearing to solicit the views of interested persons concerning the 2003 FCC Form 1240; and WHEREAS, the rate set forth herein will govern Comcast's basic service rate until Comcast lawfully implements a further rate change pursuant to applicable FCC regulations. NOW, THEREFORE, the following is resolved: 1. Comcast's maximum permitted rate for basic cable service, as calculated in the 2003 FCC Form 1240, is neither approved nor denied, but may: (i) function as a basic service rate ceiling during the relevant rate period; and (ii) be utilized in future basic service rate filings, to the extent permitted by and consistent with FCC rules and decisions. 2. Comcast shall not charge any rate higher than the maximum permitted rate set forth in the 2003 FCC Form 1240, nor increase that rate, unless such rate is first filed with and approved by the City, in accordance with applicable law and regulations, including but not limited to the notice requirements imposed by 47 C.F.R. § 76.1603, or as otherwise expressly permitted under applicable law and regulations. 3. Comcast may charge rates less than the lawful maximum permitted rate for basic service, as long as such rates are applied in a uniform and nondiscriminatory way, pursuant to applicable federal, state and local laws and regulations. The City, however, shall not be deemed to have approved such rates. 4. This Order is based on the representations made by Comcast in its 2003 FCC Form 1240. Should information come to the City's attention that these representations were inaccurate in any material way, the City reserves the right to take appropriate action. This Order is not to be construed as a finding that the City has accepted as correct any specific entry, explanation, calculation or rate in the 2003 FCC Form 1240. 5. The City reserves all of its rights with respect to rate regulation, including (but not limited to): (i) the right to request and review data, and documents concerning the 2003 FCC Form 1240 in order to determine the impact, if any, such data and documents have on rates proposed in future basic service rate filings; (ii) the right to address issues raised in the 2003 FCC Form 1240 that are relevant to any City review of subsequent basic service rate filings; and (iii) the right to request additional information concerning the 2003 FCC Form 1240 that is relevant to any City review of subsequent basic service rate filings. 6. This Order constitutes a written decision for purposes of 47 C.F.R. § 76.936(a). 7. This Order shall be effective immediately upon its approval by the City. 8. This Order shall be released to the public and to Comcast, and a public notice shall be published stating City Council Minutes November 10, 2003 Page 7 of 12 that this Order has been issued and is available for review, pursuant to 47 C.F.R. § 76.936(b). RESOLUTION NO. 2003-49 ORDER REGARDING THE MAXIMUM PERMITTED EQUIPMENT AND INSTALLATION RATES SET FORTH IN THE FEDERAL COMMUNICATIONS COMMISSION FORM 1205 FILED BY COMCAST ON OR ABOUT FEBRUARY 26, 2003 WHEREAS, under Section 623 of the Cable Communications Policy Act of 1984, 47 U.S.C. § 543, as amended, the City of Columbia Heights, Minnesota (hereinafter the ~City") is permitted to regulate rates for equipment and installations; and WHEREAS, the City is certified as a rate regulation authority pursuant to rules of the Federal Communications Commission (hereinafter ~FCC"); and WHEREAS, MediaOne North Central Communications Corp., now known as Comcast of Minnesota, Inc. (hereinafter ~Comcast"), the current franchise holder, filed with the City an FCC Form 1205 ~Determining Regulated Equipment and Installation Costs, ~Equipment Form'" (hereinafter the ~2003 FCC Form 1205"), which was dated March 1, 2003, and received on or about February 26, 2003, purporting to set forth and justify the rates it could charge to subscribers in the City for equipment and installations; and WHEREAS, the City held a public hearing to solicit the views of interested persons concerning the 2003 FCC Form 1205; and WHEREAS, the rates set forth herein will govern Comcast's equipment rates and installation charges until Comcast lawfully implements a further rate change pursuant to applicable FCC regulations. NOW, THEREFORE, the following is resolved: 1. Comcast's maximum permitted rates and charges for equipment and installation, as calculated in the 2003 FCC Form 1205, are neither approved nor denied, but may function as a rate ceiling during the relevant rate period. 2. Comcast shall not charge any rates higher than the applicable maximum permitted rates set in the 2003 FCC Form 1205 nor increase those rates, unless such rates are first filed with and approved by the City, in accordance with applicable law and regulations, including but not limited to the notice requirements imposed by 47 C.F.R. § 76.1603, or as otherwise expressly permitted under applicable law and regulations. 3. Comcast may charge rates less than the lawful maximum permitted rates for equipment and installation, as long as such rates are applied in a uniform and nondiscriminatory way, pursuant to applicable federal, state and local laws and regulations. The City, however, shall not be deemed to have approved such rates. 4. This Order is based on the representations made by Comcast in its 2003 FCC Form 1205. Should information come to the City's attention that these representations were inaccurate in any material way, the City reserves the right to take appropriate action. This Order is not to be construed as a finding that the City has accepted as correct any specific entry, explanation, calculation or rate in the 2003 FCC Form 1205. 5. The City reserves all of its rights with respect to rate regulation, including (but not limited to): (i) the right to request and review data, and documents concerning the 2003 FCC Form 1205 in order to determine the impact, if any, such data and documents have on rates proposed in future equipment and installation rate filings; (ii) the right to address issues raised in the 2003 FCC Form 1205 that are relevant to any City review of subsequent equipment and installation rate filings; and (iii) the right to request additional information concerning the 2003 FCC Form 1205 that is relevant to any City review of subsequent equipment and installation rate filings. 6. This Order constitutes a written decision for purposes of 47 C.F.R. § 76.936(a). 7. This Order shall be effective immediately upon its approval by the City. 8. This Order shall be released to the public and to Comcast, and a public notice shall be published stating that this Order has been issued and is available for review, pursuant to 47 C.F.R. § 76.936(b). ¢) Public Hearing to review and approve the list of equipment to be purchased for the Local Law Enforcement Equipment Block Grant Police Chief Tom dohnson indicated that a committee often members approved a list of six items to purchase with this block grant. The items included computer improvements, and Officer safety items City Council Minutes November 10, 2003 Page 8 of 12 such as Stop Sticks, Level Four Ballistic Vests, and replacement light bars and security dividers for police vehicles. Johnson described Stop Sticks, which stop a vehicle by deflating the tires at a slow pace. The total amount recommended for expenditure is $13,845, with a $173 buffer. This public hearing is a requirement of the grant. Johnson listed members that served on the committee. Motion by Williams, second by Ericson, to approve the list of equipment to be purchased with funding from the Local Law Enforcement Equipment Block Grant. Upon vote: All ayes. Motion carried. ITEMS FOR CONSIDERATION Other Business 1) Appointments to Park and Recreation Commission (two) for the remainder of the terms to expire on April 2004 and April 2006. Wyckoff thanked everyone that applied and everyone that serves on Boards and Commission for the City. Motion by Nawrocki, second by Williams, to appoint Marsha Stroik and Gary Peterson to the Park and Recreation Commission for the remainder of the respective terms to expire on April 2004 and April 2006. Wyckoff indicated that Mr. Peterson is very qualified but is akeady on the Planning and Zoning Commission. Wyckoff indicated her recommendation of Kevin McDonald. There is a need to get as many people from the community involved as possible. Kelzenberg agreed. Upon vote: Kelzenberg, nay; Williams, aye; Ericson, nay; Nawrocki, aye; Wyckoff, nay. 3 nays - 2 ayes. Motion denied. Motion by Kelzenberg, second by Ericson, to appoint Marsh Stroik and Kevin McDonald to the Park and Recreation Commission for the remainder of the respective terms to expire on April 2006 and April 2004. Upon vote: All ayes. Motion carried. 2) Authorize the bid award for the purchase of one Quint Fire Apparatus Fire Captain Matt Fields and Firefighter Dan 0 'Brien described the timeline, bidding process and the tabulation of bids for one Quint Fire Truck. Fields indicated there is a change in the bid recommendation, splitting the bids of the truck and loose equipment, resulting in an additional $3,600 savings. Fehst indicated that the two lowest bidders were not qualified. Fields described the discrepancies. This fire truck will be designed for several missions: HAZMA T, biological terrorist activities, fire in multiple units, elevated rescues, and as a 2, 000 gallon pumper truck. This will lower our ISO rating and lower insurance premiums for our businesses. This grant will require a $50,000 match from the City, but the funds will come from the Capital Equipment Fund whereby other truck replacements will be suspended for four to five years. Nawrocki indicated that the bids not meeting specifications shouM be declared "non-responsive ". Fields referred to the requirement that the height of the truck was limited due to the fire garage door height. Nawrocki questioned what loose equipment refers to. Fields stated this includes loose bore nozzles, hose, ladders, hose clamps, wheel chalks, hose jackets, squeegees, lights, etc. as required by the National Fire Protection Association (NFPA). These items are recommended for purchase to insure lower insurance rates. Williams stated this money came from the Federal Government. 0 'Brien stated that Columbia Heights received the highest single rating in the United States this year. Wyckoff stated that Fire Chief Thompson indicated this high rating was received because of how well the grant was written. Wyckoff asked when the truck wouM be received. Fields stated that it must be delivered by August 15, 2004, and that bids came in approximately $60,000 lower than expected. Fehst commended all City Council Minutes November 10, 2003 Page 9 of 12 staff members involved in writing the specifications and reviewing the bids received. Motion by Ericson, second by Williams, to award the purchase of a 109 foot Custom Quint Ladder Truck to General Safety Equipment, based upon their low, qualified, responsible bid in the amount of $556,943.00 plus any additional taxes, and award the purchase of the various loose equipment to Metro Fire upon their low, qualified responsible bid in the amount of $35,045.46 with funds to be appropriated from 439-42200-5150; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Upon vote: All ayes. Motion carried. ADMINISTRATIVE REPORTS Report of the City Manager Fehst indicated that the Economic Development Authority (EDA), which includes the body of the whole Council and Ms. dindra and Mr. Murzyn, considered the purchase of the NEI (oM high school) building, which is currently owned by Dunwoody Institute. This building has been on the market a while and purchase has previously been discussed. There are other groups aggressively looking at the building, of which two are not-for-profit groups. The estimate to retrofit the building is $4 to $6 million and had an original list price of $1.2 million. A developer has indicated interest in this site with a plan that includes 50 unit; of market rate housing for seniors, or it couM afford an opportunity for Library or Administrative offices. This is a 5. 5-acre parcel. The EDA considered the property and made a motion to purchase the property with contingencies. This wouM need to come before the City Council on November 24th to discuss financing. Contingencies wouM include an environmental review, demolition quotes, asbestos quotes and qualification for tax increment status. The contract, with contingencies, wouM be reviewed by the firm of Kennedy and Graven, and wouM allow for $20, O00 for purchase agreement earnest money. There wouM be $600,000 due at closing. Wyckoff referenced past discussion regarding the building at 4F't and Central. She stated the NEI sale wouM not be final for another 60 day,'. Wyckoff indicated desire to salvage part; of the building such as the front fagade or possibly sell brick; as memorabilia. Nclwrocki stated concern about the additional cost to demolish the building. He indicated that two week; is not enough time to obtain the necessary report; and information on the building. Motion by Nawrocki that the City Council hold a public hearing on December 15, 2003 on the proposal to buy the current NEI property. Second by Ericson, for the purpose of discussion. Ericson disagreed and would not support the motion as the purchase of the property is for the EDA to do and is not a decision on land use. The hearing wouM be to decide if the City wouM loan the EDA the money to purchase the property, which wouM allow the City control of the site. A task force wouM probably be assembled to discuss uses. 14Zilliams indicated that there are contingencies in the purchase agreement that wouM allow the offer to be withdrawn if not met. Ericson stated the need to discuss this at the November Council meeting and then if necessary it can be tabled until the December meeting. Fehst felt it was important to get this information before the public as soon as possible. Wyckoff stated this is a valuable area of land. Ericson asked if we can sell the property "as is" if we purchase it. dim Hoeft, City attorney stated it couM be soM as it was purchased. Nawrocki stated there shouM be a report from the Planning and Zoning Commission indicated if this purchase would fit the City's Comprehensive Plan. Hoeft indicated that is the current process, and the intention at the next Council meeting wouM be for the City to loan the money to the EDA. Upon vote: Kelzenberg, nay; Williams, nay; Ericson, nay; Nawrocki, aye; Wyckoff, nay. 4 nays - 1 aye. Motion failed. A resident questioned where the funds wouM come from. Fehst stated that the First Dine Homebuyers City Council Minutes November 10, 2003 Page 10 of 12 program has a fund balance and would be the recommended source. This would not create an additional burden to the taxpayers. Nawrocki asked that the records be searched for commitments made with that bond issue and if the funds that came back into the City were to be used for the original purpose of gettingpeople into new homes. Fehst stated that the bonds would be reviewed. Motion by Williams to set a public hearing on funding to purchase NEI, for November 24, 2003. Second by Kelzenberg. Williams indicated desire to receive the necessary reports prior to this hearing. Fehst indicated that an estimate of demolition, asbestos removal and clean up of the property was $450,000. Williams stated that any memorabilia sold could help pay for demolition costs. Wyckoff asked for local help to remove parts of the building. Upon vote: All ayes. Motion carried. Fehst indicated that items on the November 17th work session would include final budget summary, City Charter housekeeping issue, and the purchase of NEI. Report of the City Attorney - none CITIZENS FORUM Bob Surbrook, 4608 Pierce Street, stated that the new ball field fencing at Keys Park will prohibit some of the winter sledding space that has been used only for sledding for years. Fehst stated that the new ball field was possible through a grant and is sorely needed. Surbrook was also concerned that the parking lot is small and there will be parking in the street, which is a safety concern for children. Nawrocki questioned who is doing the construction work. Staff will report back to him with the answer. Wyckoff indicated she met with Adam Kramer, Minneapofis Water Works, who requested the City form a task force regarding the large number of deer on their property. Wyckoff stated she has no desire to hurt the deer, but they have no natural predators on this site. She has received several nasty calls regarding this situation. Residents were allowed to speak on the issue and allowed time to bring in experts to assess the situation. After reading an article on bow hunting, Wyckoff would not like to see this method used. Nawrocki questioned who set the task force. Wyckoff gave the history of this topic from five years ago, but agreed that the deer in this area are now starving. She listed members of the task force and how they were chosen. Wyckoff indicated that one resident who has been feeding the deer has stopped and now recommends reducing the herd by bow hunting. Nawrocki questioned the authority of the task force. Wyckoff indicated they have been asked to make a recommendation to the Minneapolis Water Works. Karen Spencer, 1421 Lincoln Terrace, read a letter from the deer coafition. It indicated that two deer experts would assess the deer on November 13, 2003 and their findings would be presented to the task force on November 17th. She stated that one deer collared in the original study still remains. Spencer suggested a new task force of concerned residents be formed Ericson questioned who the deer coafition is. Spencer stated they are concerned residents and a veterinarian. Williams agreed with the idea ora new task force as these animals are tike pets and we want to make the right decision. Ericson stated confusion as to the City Council's role and asked why the Water Works is not the one forming the task force. Fehst stated that Adam Kramer indicated they have received concerned calls and had a breach of security, where a heat sensing device indicated 40 to 50 deer on their property. Fehst stated Council could give no City Council Minutes November 10, 2003 Page 11 of 12 opinion and let the Water Works' do whatever they choose. The DNR has indicated they would not give approval for the deer to be moved and that forage on the site is only enough to support two deer, and possibly with a moderate feeding program up to ten deer. Wyckoff suggested a third party determine the number of deer and give a recommendation on how to cull the deer. Ericson stated she has received many calls' and understands that we can put pressure on the Water Works, but felt residents' should be calling the Water Works' rather than City Councilmembers. Wyckoff stated that residents' could be arrested for feeding the deer, and that the majority of calls she received were to cull the herd. This is a very passionate issue. Deb Johnson, 999 4F't Avenue, stated that the Mayor had asked for task force volunteers at a previous Council meeting. She felt that everyone will take a firm stand on his or her belief, and this shouM really not be for us to determine. John Hunter, 1009 42 ~ Avenue, indicated this was addressed when he was on the City Council and discussion included culling the herd transporting them, birth control, and feeding the deer. Hunter gave some statistics and stated that the threat of Lyme Disease must be considered. A booming deer population promotes the tics, which carry this disease. Hunter recommended not allowing deer to remain in the area. Wyckoff felt it was a benefit to have the deer in our city. Kelly Faris, 4609 Chatham, member of the task force, passed out information to the Councilmembers. Wyckoff thanked her for the work she has done regarding the deer. Spencer referred to Minneapofis massacring deer in Fridley and stated that is why they do not want to get involved. Nawrocki questioned going to jail because of feeding the deer. Ericson stated there are signs posted that it is a Federal offense to fee the animals'. Nawrocki requested a written legal opinion indicating what authority we have in this whole matter. Hoefi indicated that the Water Works' could do a bow hunt on their property without our permission, but we do have a say regarding firearms. The DNR couM approve a special hunt on this property. Nawrocki indicated the desire to wait and hear directly what the University of Minnesota personnel report states. He suggested a dart to put the deer to sleep and dispose of them in that state. Nawrocki asked ifa date has been set. Wyckoff indicated there is no set date for removal. Wyckoff indicated that the deer task force would meet on Tuesday, November 18, 2:00 p.m. at Murzyn Hall. COUNCIL COMMUNICATION Nawrocki · Utility payments have been set up to accept credit card payments and bank withdrawals. Will residents still receive a bill if they choose bank withdrawals? Fehst will research that answer. · Received call from Mr. Mady regarding possible developments along Central Avenue that are detrimental to his business. He needs a definitive answer, as he is trying to set up bowling leagues for next year. · Asked that a policy be written indicating no restraint on City employees talking to City Councilmembers. · Referred to comment in the November 3rd green sheet regarding an expenditure of the Fire Department. The initial comment expressed concern regarding expenditures and current budget shortfalls. Should look at what is needed, not what is desirable. · Serves on the Metro Municipalities Revenues Committee. Policies will be discussed at the November 20th meeting that will be voted on by the League of Minnesota Cities. They were asked by the Association if they would have a follow up task force look at possible changes to City Council Minutes November 10, 2003 Page 12 of 12 fiscal disparities. It is important to follow this discussion. Fehst stated that after the AMM meeting there is a meeting of key Legislators to discuss these issues. Ericson · The Values First Core Values for November are Caring, compassion and kindness. · Tomorrow is Veterans Day, City offices will be closed. Please remember our Veterans. Wyckoff · Over 70 people rode the 801 Metro Transit Bus to Rosedale mall. A representative of the Metropolitan Council and our State Representative were present. Thanked everyone for the successful turn out. Williams · The Holiday Kick-off Party will be held again this year on November 29th. This was begun by Gary and Jaci Peterson. Proceeds will go to the Columbia Heights Community Center fund. Indicated where tickets may be purchased. · Encouraged his colleagues to nominate an "Employee of the Year". · Pray for the peace, health and prosperity of our citizens. · Hope to find a resolution to the deer problem. Kelzenberg · Read the City's internal goals · Has spoke to the Gambling Association. Hopes to work things out for the 500 card games. ADJOURNMENT Mayor Wyckoff adjourned the meeting at 10:47 p.m. Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary