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HomeMy WebLinkAboutNovember 24, 2003OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL NOVEMBER 24, 2003 The following are the minutes for the regular meeting of the City Council at 7:00 p.m. on Monday, November 24, 2003 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. Pastor Dave Briley, Oak Hill Baptist 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 Wyckoff added Item 4B2 - Holiday Kick-off Dinner PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS A) Proclamations - none B) Presentations 1) Columbia Heights Library 75th Anniversary Becky Loader, Library Director, stated that in 1928 the Silver Lake Mother's Club decided it was time to have a Public Library, so they collected money, books, furniture and opened their doors on December 3fa, in the Heights' Theater. On December 3, 2003 the Library will wrap up this year long celebration with an Open House. Barb Miller, Library Board Director, referred to a handout on activities for the anniversary party. The party will begin at 12:30p. m. with Mayor Wyckoff cutting a cake. Miller fisted activities that will take place such as prizes, music, magic, face painting, cake, cider, and a video will be recorded for Library history. 2) Holiday Kick-off dinner Gary Peterson invited everyone to attend the third annual Holiday Kick Off Party to be hem on th Saturday, November 29 at Murzyn Hall. There will be a buffet dinner, silent auction, entertainment by a D.J., vocalists, door prizes and raffles, and the bar will be provided by the Columbia Heights' Lions Club. Last year $3,500 was raised for the Wheelchairs For Peace project, and the year before that for the Library Foundation. This year proceeds will be for a Columbia Heights' Community Center, which is a grass roots fund to get activity space for our youth and seniors. Tickets' are available at Bobby and Steve's or by calling Mr. Peterson. C) Introduction of New Employees - none D) Recognition 1) Make A Difference Day Project - T. Landwehr, Rising to New Heights Ted Landwehr, President of Rising to New Heights', explained the purpose of their group is to promote the image of Columbia Heights'. They sponsored "Make a Difference Day"projects, whereby people do good deeds. The top three projects' included Girl Scout Troop 329, which cleaned the shelves at the Library, six girls' that cleaned up Huset Park, and 28 City employees that created and donated 38 birthday party bags to the local food shelf. Wyckoff stated this is a national project. Landwehr awarded each group $25 from Rising to New Heights'. City Council Minutes November 24, 2003 Page 2 of 15 CONSENT AGENDA City Manager Walt Fehst took Councilmembers through the Consent Agenda items. 1) Approve City Council Meeting Minutes for November 10, 2003 Motion to approve the minutes of the November 10, 2003, regular City Council meeting as presented. 2) Establish Work Session Meeting Date for Monday, December 8, 2003 beginning at 7:00 p.m. in the City Council Chambers. Motion to establish a Work Session meeting to be scheduled for Monday, December 8, 2003 beginning at 7:00 p.m. in the City Council Chambers. Fehst stated that agenda items wouM include Murzyn Hall rental rates, water and sewer rates and contract with Minneapofis Water Works, cities of Anoka County joint seal coating information, and an executive session regarding union negotiations. 3) Establish a joint City Council/School Board Work Session meeting be scheduled for Tuesday, December 2, 2003 beginning at 5:30 p.m. at the School District Community Room Motion to establish that a joint City Council/School Board Work Session meeting be scheduled for Tuesday, December 2, 2003 beginning at 5:30 p.m. at the School District Community Room. Fehst stated that discussion would include School Board/City Council Task Force discussion on security and gym space. This will be hem at the School District Community Room. 4) Adopt Resolution No. 2003-52, being a resolution adopting the 2003-2004 Snow and Ice Policy Motion to waive the reading of Resolution 2003-52, there being ample copies available to the public. Motion to adopt Resolution 2003-52, being a resolution adopting the 2003-2004 Snow and Ice Control Policy for the City of Columbia Heights. Fehst indicated that the League of Minnesota Cities requires such a poficy as part of their insurance coverage. RESOLUTION NO. 2003-52 RESOLUTION ADOPTING THE SNOW AND ICE CONTROL POLICY WHEREAS, a Snow and Ice Control Policy has been developed and recommended by City staff; and WHEREAS, adoption of said policy has been determined to be in the best interest of the City of Columbia Heights, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Columbia Heights that said Snow and Ice Control Policy is hereby approved and adopted. 5) Adopt Resolution No. 2003-51, being a resolution ordering the preparation of a report for Proposed Zone 7 Street Rehabilitation Program Motion to waive the reading of Resolution 2003-51, there being ample copies available to the public. Motion to adopt Resolution 2003-51, being a resolution ordering the preparation of a report for proposed Zone 7 Street Rehabilitation Program. Wyckoff fisted the boundary areas in the Zone 7 work area. City Council Minutes November 24, 2003 Page 3 of 15 RESOLUTION NO. 2003-51 BEING A RESOLUTION ORDERING THE PREPARATION OF REPORTS ON THE 2004 STREET REHABILITATION PROGRAM: ZONE 7 PROJECT #2004-02 WHEREAS, the City Council of Columbia Heights is proposing to rehabilitate local streets in the southeast quadrant of Zone 7. Rehabilitation strategies include complete reconstruction, partial reconstruction or mill and overlay. WHEREAS, the City Council intends to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Section 429.011 to 429.111 (Laws 1953, Chapter 398, as amended), and Section 103B.201 to 103B.251, as follows: 2004-02 ZONE 7 STREET REHABILITATION NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA that the proposed improvements be referred to Mr. Kevin Hansen, City Engineer, for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvements are necessary, cost effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended.. 6) Approve final payment of $3,047.77 for Sanitary Sewer Lining, Project 0208 to Insituform Technologies USA. Motion to accept the work for Sanitary Sewer Lining, City Project No. 0208, and to authorize final payment of $3,047.77 to Insituform Technologies USA, Inc. of Chesterfield, Missouri. Fehst stated this is phase two, which was completed over the summer to make sure everything is working properly. 7) Recognition of Sullivan Lake Park Bench Donations Motion to acknowledge receipt of donations for the park benches along the walking path at Sullivan Lake Park. Fehst named contributors of S57O for each new park bench at Sullivan Park: Medtronic (2.), Gerry Nerringer, Sylvia Okerstom, Chuck Emme, and Joyce Knutson, and thanked them for their contributions. Kevin Nansen, Public Work; Director, stated the benches are a new style of fiber construction, which is more vandal proof The donator's were asked if they would like a recognition plaque on the bench. Wyckoff stated that one new bench has graffiti on it. Nansen stated that this could be cleaned off Williams suggested sending them a thank you card Wyckoff stated that card; have been sent. 8) Adopt Resolution No. 2003-53, being a Resolution ordering preparation of feasibility report(s) for Zone 6 Seal Coating project #0301 Motion to waive the reading of Resolution 2003-53 there being ample copies available for the public. Motion to adopt Resolution 2003-53, being a Resolution ordering the preparation of a report for proposed Zone 6 Seal Coat Street Rehabilitation Program, Project #0301. Fehst stated this is for Zones 6A and 6B, and fisted the project locations. Nawrocki asked if this wouM be an assessable project. Nansen stated this is assessable, as in the past. Nawrocki stated he did not think there was a charge for seal coating. Nansen indicated these are streets that have not had repair. There is no charge on street; that have had some reconstruction. The schedule is to look at the street; every eight years. Nawrocki asked why these seal coatings were not done previously. Nansen stated it is a funding mechanism. City Council Minutes November 24, 2003 Page 4 of 15 RESOLUTION NO. 2003-53 BEING A RESOLUTION ORDERING THE PREPARATION OF REPORTS ZONE 6 SEAL COAT PROGRAM PROJECT #0301 WHEREAS, the City Council of Columbia Heights is proposing to rehabilitate local streets in Zone 6 that have not been rehabilitated under the street program. WHEREAS, the City Council intends to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Section 429.011 to 429.111 (Laws 1953, Chapter 398, as amended), and Section 103B.201 to 103B.251, as follows: 2003-01 ZONE 6 SEAL COAT PROGRAM NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA that the proposed improvements be referred to Mr. Kevin Hansen, City Engineer, for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvements are necessary, cost effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. 9) Authorization to seek bids for the 2004-2005 Diseased Tree Removal Program Motion to authorize staff to seek bids for the 2004-2005 Diseased Tree Removal Program. 10) Approve Business License Applications Motion to approve the items as listed on the business license agenda for November 24, 2003 as presented for 2004 Licenses. 11) 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 105867 through 106054 in the amount of $1,337,130.90. 14Zyckoff indicated that the City would contribute twenty-five percent toward removal ora resident's diseased tree. Hansen stated the City Tree Inspector does three citywide inspections during the summer and by complaint. Resident; can use their own contractor or the City contractor. Motion by Nawrocki, second by Williams, to approve the Consent Agenda items as presented. Upon vote: All ayes. Motion carried. PUBLIC HEARINGS Approve loan to the EDA for the purchase of 825 41st Avenue 14Zyckoff stated this is the NEI building, which was the oM High School. Fehst stated that we have made a tender offer to the Dunwoody Association, which merged with NEI. The NEI classes will be moved down town and the NEI building will be closed at the end of this year. The City showed interest initially when the original price for us was $800,000, with the intention to retrofit it for gym and office space for city hall. Cost; to bring the building up to code were estimated at $4,000,000 to $5,000,000. We stopped consideration at that time. Since that time some non-profit groups have looked at the building. The building was listed for sale at $1,200,000, but we couM purchase it for $600,000. This wouM allow the land to be put back on the tax roles and was brought to the Economic Development Authority (EDA) for their consideration. Consideration included removal of the building and development of SO unit; of senior housing, a new library, and some offices for city hall. Fehst thanked Dunwoody Institute for working with us. Demolition and asbestos removal wouM be approximately $450,000, through a Livable Communities Grant. The project wouM also be reviewed to see if it is Tax Increment Financing (TIF) qualified The EDA made an offer of $600, 000, subject to approval of the City Council to tramfer funds to the EDA. Funds to repay the loan wouM come from land sale proceeds. Fehst stated that initial funds wouM come from a past bond issue for first time homebuyers, which has adequate funds to purchase the building. The EDA believed that leaving five acres of prime property for sale to a non-profit wouM not City Council Minutes November 24, 2003 Page 5 of 15 be wise. The recommendation is to approve a loan of $600, O00 for property at 825 41st Avenue. Wyckoff asked for clarification of loans between departments, and how would it get paid back. Fehst stated that funds would be repaid from proceeds of the land. He and the Mayor met with Senator Chaudhary, who indicated there might be State funds available for demolition. Fehst indicated this could be considered an opportunity for our community that could reshape the face of Columbia Heights. Wyckoff stated that Nfl has met to consider the purchase agreement. Bob Streetar, Community Development Director, stated that Nfl did accept the agreement with some minor changes. Wyckoff stated that she loves the building, but is convinced it would not be possible to renovate or use on an interim basis. Wyckoff indicated desire to have a day where people could walk through the building one last time and to salvage items from the building as a goodwill gesture. Wyckoff asked for assistance and ideas. Williams expressed agreement with the purchase, but felt we are rushing this, as we need to do an environmental assessment, obtain costs for demolition, asbestos removal, and an engineer. Williams stated he would also like assurance that we will get assistance to pay for this. Streetar stated that he spoke to Attorney Steve Bubal, who indicated the Council could agree to loan the money to the fDA tonight, as Item 7C of the purchase agreement stipulates that these items would be completed prior to purchase. If the fDA did not agree with all information received the earnest money would be refunded. Williams stated that he would like to see the responsibility for this decision stay with the City Council as they are the elected officials, and this is a binding contract. Streetar stated that if funds were allotted tonight they would only be received if all conditions were met. Wyckoff asked what effect tabling this item would have on the purchase agreement. Streetar stated that the Council could wait until all conditions are met and act at the December 15th City Council meeting, but the contract changes need to be reviewed by the attorney and go back to both parties by next Monday or Tuesday. Kelzenberg asked if it is unusual to get our earnest money back. Streetar read the portion of the agreement that describes this. Nawroc/d asked what the minor purchase agreement changes were. Streetar stated that language was added indicating if we hire a broker, they are not responsible to pay for this. Streetar stated that other items are only clarifications of language. Nawrocki asked if we have looked at any of the conditions. Streetar indicated that we have now received permission to go into the building to look at these things. Nawrocki asked how the final conditions would be accepted. Streetar indicated it would be by vote of the fDA. Nawrocki indicated that this cost would not be added to property taxes, but that same money could have been used to fund next year's budget. The funds to tear the building down would have to come from somewhere, and it would be good if they could be paid back through grants, but a developer will look for TIF and financial support. We should not tell people there are no risks or down sides, and there are additional costs. Nawrocki stated residents have asked him what we would do with the building. He would not support the a new city hall or library facility. Wyckoff indicated that we do not know what wouM go on the site, but we wouM have control of what does go there. Wyckoff asked what the consequences of tabling this wouM be. Streetar stated it wouM make no difference, but once both parties sign the agreement there is a 60 day time limit to back out. Lee Stanch, 1155 Khyber Lane Nf, stated that we need to know the cost to tear the building down and where the funds would come from. He asked what interest rate the fDA would pay for use of this money and if the City is doing something with Apache Plaza. Wyckoff stated there are others looking at this property for a homeless shelter. Fehst stated that we are not looking to purchase the Apache Plaza property. City Council Minutes November 24, 2003 Page 6 of 15 Deb Johnson, 999 4F't Avenue, asked if Dunbar gave any price for a new building. Fehst stated that market research was done for 50 units of senior housing, which would work at this site, or carriage houses. Streetar stated the Dunbar proposal looked at the site for city hall, library, senior housing, etc. Johnson questioned retrofitting the building versus removing it. Streetar indicated that we looked for groups to reusing the building; one showed interest but changed their mind. Upon touring the building with several groups it was felt best to tear it down and redevelop the area. Nawrocki stated he wouM support Williams'suggestion to table this for further information. At the present time there are two different signed purchase agreements. Fehst stated that the purchase agreement changes are not substantive and the 60 day time period wouM begin upon review of both parties. If necessary, a special EDA meeting will be held. Motion by Williams, second by Nawrocki to table consideration of a loan for $600,000 from the City of Columbia Heights to the Columbia Heights Economic Development Authority for purchase of the property located at 825 41st Avenue to the December 15th City Council meeting. Upon vote: All ayes. Motion carried. ITEMS FOR CONSIDERATION Other Ordinances and Resolutions Mike Hartel, Interim Chairman of the Charter Commission presentedproposed changes to the City Charter. First Reading of Ordinance No. 1464, pertaining to City Charter Chapter 5, Section 36, Expenditures by Petitioner. Hartel stated this wouM take out the language limit of $400 for anyone interested in conducting a recall petition. There is a limit for legal advise, copying, printing, and notary fees. The language wouM indicate that the City Attorney wouM review the petition for form. dim Hoefi, City Attorney, stated the Charter currently imposes a $400 limit, but if someone wanted to support a petition we couM not limit the funds used. Nclwrocki stated that the language of the City Attorney does not change, but questioned if the petitioner couM put out a mailing to all citizens of the city, and suggested that the language be made a little clearer. He felt that the original intent is sopeople do not buy signatures for apetition, but are not limited regarding advertising. Hoefi indicated that the wording states we couM not stop them from doing anything that is not illegal. Nclwrocki asked for the language to be clearer as to the intent. Hartel stated that the Charter's concern was allowing the expenditure of more than $400. Williams suggested the wording: "however, the committee may spend at their expense whatever they want ". Ericson asked for clarification that we are only removing the $400 limit. Nclwrocki stated he was not opposed to the intent, but wouM like clearer wording. Wyckoff read the wording change. Motion by Williams, second by Ericson, to schedule the second reading of Ordinance No. 1464 for Monday, December 15, 2003, at approximately 7 p.m. in the Council Chambers. Nawrocki stated that he may vote against this ordinance unless there is clarification. Ericson stated that any change would have to go back to the Charter Commission and be reintroduced as a first reading. Hartel stated he would be hard pressed to change anything without the assistance of the City Attorney. City Council Minutes November 24, 2003 Page 7 of 15 Upon vote: Kelzenberg, aye; Williams, aye; Ericson, aye; Nawrocki, aye; Wyckoff, aye. 5 ayes. Motion carried. First Reading of Ordinance No. 1465, pertaining to City Charter Chapter 12, Section 10, Official Publications Hartel stated this Ordinance would remove word; referring to mimeographing, posting near streetcars, and would add the electronic medium of the City web site. Wyckoff questioned why cable T.F. was not included Hoefi stated that cable and the web can be added, but are not legal requirements, which is the designated newspaper. This would clarify where notice can be posted Nawrocki suggested taking out "in fieu of city official pubfication". He stated that this Council is lax in not having City Council meeting minutes published to make them available to resident,'. Hoefi stated that the Charter Commission did not look at the municipal publication as an option for publication, so did not feel the need to remove it. Hoefi stated there have not been problems notifying the public. FPyckoff did not disagree with publishing the minutes, but indicated that is not the matter at hand Wyckoff read the changes suggested Motion by Williams, second by Kelzenberg, to waive the reading of Ordinance No. 1465, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to schedule the second reading of Ordinance No. 1465 for Monday, December 15, 2003, at approximately 7 p.m. in the Council Chambers. Upon vote: All ayes. Motion carried. First Reading of Ordinance No. 1466, pertaining to City Charter Chapter 2. Section 7, Elective Offices Hartel stated that the City Charter was changed in 1995 to include language to allow for the terms of certain councilmember's to end on even years to comply with State statutes. As these dates have passed, the language is no longer necessary. Motion by Ericson, second by Williams, to waive the reading of Ordinance No. 1466, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Ericson, second by Williams, to schedule the second reading of Ordinance No. 1466 for Monday, December 15, 2003, at approximately 7 p.m. in the Council Chambers. Upon vote: All ayes. Motion carried. 12) First Reading of Ordinance No. 1467, pertaining to City Charter Chapter 3, Section 16, Council Minutes Hartel stated this would bring the Charter up to State Statutes as to when Councilmembers take office. Wyckoff stated this would be first meeting in January. Hoefi stated that is the old wording and that the new wording would be the first Monday in January. Motion by Kelzenberg, second by Ericson, to waive the reading of Ordinance No. 1467, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Ericson, to schedule the second reading of Ordinance No. 1467 for Monday, December 15, 2003, at approximately 7 p.m. in the Council Chambers. Upon vote: All ayes. Motion carried. First Reading of Ordinance No. 1468, pertaining to City Charter Chapter 9, Section 89, Expenditures by Petitioner. City Council Minutes November 24, 2003 Page 8 of 15 Hartel stated this would change wording regarding the judgment rate of six percent per annum and reference the judgment rate per Minnesota Statutes. Wyckoff read the wording change. Hoefi indicated that the State adjusts this when needed. The Charter cannot change to a lower rate than State Statutes, but could set it higher. Motion by Ericson, second by Kelzenberg, to schedule the second reading of Ordinance No. 1468 for Monday, December 15, 2003, at approximately 7 p.m. in the Council Chambers. Upon vote: All ayes. Motion carried. Hartel stated there are ample openings on the Charter Commission and encouraged anyone interested to fill out an application, which wouM be sent to the District Court Judge for approval of appointment. The Charter Commission meets four times a year. Bid Considerations - none Other Business Approve On Sale Beer License for 500 Club Hoefi referred to discussions regarding liquor license renewal for the 500 Club relative to their outdoor patio service. The licensing clerk wouM like clarification on the standards to determine if this patio area is acceptable or not. The patio meets the building code, but is not acceptable for Police requirements. Wyckoff indicated that the Planning and Zoning Commission (P&Z) shouM address this issue. Hoeft indicated that following the P&Z this shouM be addressed at a Council work session. Hoeft stated that the City shouM set standards, which at this point have been determined by the Police Department. Motion by Nawrocki to approve the 2004 On Sale Beer License for the 500 Club, subject to the approval of the Police Chief regarding restructuring of the guard fence. Motion seconded by Williams, for discussion. Wyckoff stated that the fence around the Buffalo WiM Wings (BWW) building looks bad because it is so high, and questioned why this was not in the zoning ordinance. Hoefi stated this is part of the licensing process. Nawrocki stated this shouM be referred to the Planning and Zoning Commission. Wyckoff asked for a friendly amendment to remove the pofice requirement. Nawrocki indicated "no '. Hoefi suggested that if this ficense is approved subject to the recommendation of the Pofice Chief, which is valid then the City establish new guidelines, which wouM be used for all operations of this type. Fehst stated that we are looking to beautifying downtown and that there are ways to screen properties with undergrowth and vegetation, but it appears that we fortified BWW to the point where it is no longer pleasant to be inside the patio area. Fehst will ask that staff and the P&Z make recommendations regarding this requirement. Streetar stated the Chief's recommendation wouM be fencing, eight feet high, with slates no more than four inches wide. Staff recommends establishing some standards. Ericson stated that the pictures of the 500 Club do not meet this requirement, and that if that were approved the owner would have to take down his new fence and redo it. Nawrocki asked if they had a building permit before the fence was built. Streetar stated they did have a building permit, and did meet code. Wyckoff indicated this does not meet requirements for serving alcohol. City Council Minutes November 24, 2003 Page 9 of 15 Ericson stated she would tike to see relative language from other communities. Hoefi stated that the Mr. Johnson has compiled information from other communities. Wyckoff stated that she would tike to approve the ficense at this time and have the Planning and Zoning Commission look at standards for the future. Upon vote: Nawrocki, aye; Ericson, nay; Williams, nay; Kelzenberg, nay; Wyckoff, nay. 4 nays - 1 aye. Motion failed. Motion by Ericson, second by Kelzenberg, to approve the 2004 On Sale Beer License for the 500 Club, and to direct staff to look into future standards for liquor sales, with the standards to follow our Design Guidelines. Nawrocki stated that the Pofice Department would not give approval without modifications, and in the past Council has seriously take into account their recommendation. Deb Johnson, 999 4F't Avenue, stated this deal; with passing drink; through a fence, and questioned the control of this for the church Fun Fest and the Jamboree. Wyckoff stated that alcohol being contained at the Jamboree seems out of date. Nclwrocki stated that drinking at the Jamboree and Fun Fest can only be within the fenced area. Upon vote: Kelzenberg, aye; Williams, aye; Ericson, aye; Nawrocki, nay; Wyckoff, aye. 4 ayes - 1 nay. Motion carried. Wyckoff allowed the students in the audience to come forward to introduce themselves and get their papers signed. Approve Preliminary Plat for Grand Central Lofts (Kmart site) Bob Streetar, Community Development Director, presented for Council action the preliminary plat for Grand Central Loft,'. Representatives from Nedegaard's company were present. Ellen Berkelhamer, Planner with Dahlgren, Shardlow, Uban, who was involved in the plan andplan review described the project in detail. This application is for the preliminary plat and site approval of the Kmart site. The Planning and Zoning Commission (P&Z) has considered both items. The P&Z has given site approval, and the City Council would consider approval of the preliminary plat. This development has been designed considering the goal; of the Kmart Citizens Advisory Group established by the City Council. These goal; include more employment, housing, and an improved image. There are 218proposed unit; of for sale housing valued from $270,000 to $330,000. The plan includes three groups of condominium housing, 20 town homes, and open spaces. The plat includes an Outlot for future commercial use and community center. Wyckoff asked if this would be a community center for the proposed housing site. Berkelhamer indicated it would be a recreation site for the resident,'. Berkelhamer summarized planning considerations by the P&Z, which included the Comprehensive Plan and transit for the site, commercial and pedestrian connections and densities. This area is zoned "Mixed Use District". She described the public roadways and stated there wouM be an internal roadway to all the facilities. The parking requirement for the site has been met with 128 underground parking spaces, two car garages for each town home, and 80 on street parking spaces for public parking. The site will provide approximately five acres of green space and. 77 acres in sidewalk connections. City Council Minutes November 24, 2003 Page 10 of 15 Berkelhamer stated there wouM be some modifications to meet the Fire Departments requirement for emergency vehicle turning radius needs prior to final plat approval. She has spoke to Metro Transit regarding additional bus stops. Berkelhamer reviewed the landscape plan, which is consistent with the Zoning Ordinance and Highway District Guidelines. There will be a new access onto 49th Avenue and buffering for the existing house was described The interior space wouM be privately maintained by the Grand Central Loft homeowners associations. Berkelhamer stated that the City of Columbia Heights Design Guidefines for this area are for a Highway District and this plan meets these guidelines. An elevation of the condominiums and town homes was shown. The buildings face an internal courtyard The condominiums are four stories and the town homes are one or two stores, with the appearance of being two stories. Berkelhamer listed construction materials, building colors and screening. Wyckoff questioned how the Cheery Heights hill wouM be contained and where drainage wouM go. Roger Humphrey, Humphrey Engineering, stated there wouM be two retaining walls to preserve the slope, and at a better angle so further erosion wouM not take place. Hanson stated it currently drains from east to west in an easement area and then from the south to the north in a pipe to 49th Avenue. This wouM not change. There are alternatives to discuss with the residents for next year, but is independent to what is happening with the Kmart site. Kelzenberg asked if we have been doing this work. Hansen stated we have done work on Fillmore and some utility work. Kelzenberg stated there is someone else worldng up there now. Nawrocld stated there is an electrical contractor working there. Hanson indicated that two permits have been issued to a private contractor. Berkelhamer described pedestrian walkways and bike paths. There will be a monument sign at 47th Avenue and the new street that would be approved by the P&Z. The lighting plan has been submitted with fixtures and lighting spread approval required by the City Engineering prior to final plat approval. Berkelhamer stated that the P&Z Commission unanimously approved and recommended that the City Council accept the plat, subject to specified conditions. Wyckoff indicated that the project looks beautiful and exciting, but to remember this does not address what would be located on Central Avenue. Nawrocki questioned the building heights. Staff indicated that from Cheery Heights you would be able to see the horizon, with some views even improving. Streetar stated that on September 4th the elevation was 52feet and after engineering they are now 43feet. As a result, the anticipated blocked views would not be blocked Nawrocki referred to a March 1972 letter from the City to the School Board regarding traffic, traffic lights, the entrance to the site, and that a north/south street be put in, which became Fillmore Street. Nclwrocki questioned MNDOT review of the plan. Berkelhamer stated that MNDOT and Anoka County are required to approve the plat. Streetar stated there is no restriction filed at the County to prohibit the preliminary plat and approval is a condition required prior to the final approval. Williams stated there are 28 conditions prior to final plat approval, and that approval is item number four. This is only the preliminary plat. Hoeft requested that any motion include the condition that the Developer dedicate six feet on the southerly property boundary of 47th Avenue, so there is a 60foot right of way for the road The Developer has verbally agreed to this. Streetar stated that the Developer has also agreed to extend this sidewalk all the way to Fillmore Street. Lee Stauch, Cheery Heights resident, asked if the property would have to be purchased from the owners for sidewalk. Hansen stated that the sidewalk wouM be within the existing right of way. City Council Minutes November 24, 2003 Page 11 of 15 Wyckoff questioned the next steps for development. Humphrey stated that pending weather and final plat approval in the middle of winter, demolition of the current building is scheduled to begin in February or March. Motion by Ericson, second by Nawrocki, to approve the Grand Central Lofts Preliminary Plat for Nedegaard Custom Homes, as the plat is consistent with the Mixed-Use District, and meets the required performance standards and required findings for Preliminary Plat, that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, subject to the conditions identified in the Staff Report, and to include the condition described by the City Attorney requiring an additional six foot strip for road right-of- way. Upon vote: All ayes. Motion carried. Task Force Report re: Deer at the Minneapolis Water Works Wyckoff referred to the large amount of time spent and accusations hurled during this issue. She stated that staff from the Minneapolis Water Works asked her to form a task force to discuss the abundance of deer on their property. Wyckoff assembled a task force consisting of five members. The task force met several times and was faced with a difficult decision. They used an additional two week time period to have veterinarians appraise the deer. That report indicated there are too many deer for this area as they counted 39 deer, possibly more, which are too small and there is not enough vegetation remaining to sustain them. Wyckoff stated that two residents offered the option of a group that in March couM selectively reduce the deer andperform birth control. Deer do still get in and out of the Water Works and therefore, we wouM still have baby deer. The task force did not want to wait until March. Residents have offered to feed the deer. There are four different packs of deer in this area; some that eat out of your hand and some that live off in the woods. The ones in the woods are starving. The task force's conclusion is to have bow hunters remove all but 20 of the deer. Wyckoff was concerned that the deer on Chatham are not scared of humans and wouM be easy targets, and wouM like to see that any deer taken are the ones from in the woods. Wyckoff stated that Council wouM not take action, but will accept the veterinarian's report and forward on the recommendation of the task force. Nawrocki disagreed that it was up to the Council as to what shouM be done. He felt that Mr. Hinrichs was wrongly chastised during this process, as he lives in the area and is one that feeds the deer and takes children to see the deer. This is a very emotional situation. Nclwrocki showed the packet of materials he has received regarding this issue. It is good that people are voicing their opinions. Most people agree the deer are overpopulated and this is more deer than the area can support. Nclwrocki voiced his opinion on the pros and cons of bow hunting versus shooting. The option of culling the herd and birth control is very expensive. Nawrocki pointed out this is a matter of security and important to everyone. Nawrocki stated his personal recommendation to thank the City of Minneapolis for their willingness to consider our views, but this is the property owner's responsibility. We shouM give them the information we received and recommend that the herd be thinned down. We shouM ask for signage to not stand by the fence, but to accommodate people's enjoyment of viewing the deer. Any meat from the animals removed if safe, shouM be turned over to the food shelf. Motion by Nawrocki that these recommendations be referred to the water works people for their consideration. Wyckoff recommended using White Buffalo Inc., but they couM not come until March and if the herd is changed in any way before then, they wouM not be interested. City Council Minutes November 24, 2003 Page 12 of 15 Williams recommended accepting the veterinarians report and placing it on file, and that the task force's recommendation be passed on to the City of Minneapolis Water Works. The City of Minneapolis will decide what to do. He referred to letters received from a 4th gTade class, but felt they received misinformation. He spoke to the task force and they were against culling the herd at the beginning, but after getting involved they feel their recommendation is justified. We shouM supply the information we received but recommend that the herd be thinned and ask for consideration of an area where the deer can be viewed. The thought of applying sterilization is interesting, but not proven and they cannot get here until March, which is not humane. If Minneapolis wishes to fund sterilization, fine, but this may not be practical because of the cost. Wyckoff stated that residents couM possible raise the funds. The deer wouM have to be identified and the cost wouM vary with differences like ear tags or electronic collars. Motion seconded by Wyckoff, but would also want to forward the task force recommendation. Nawrocki stated that was not a Council recommendation. Kelzenberg stated he wouM tike a second perimeter fence so people couM see the deer. He commended the work of the task force and of Phyllis Colombo. Upon viewing the deer, he felt some looked fine and some did not. A lot of money should not be spent, but this is a commodity to both cities. Kelzenberg liked Task Force member Larry Weatherly's motion to thin the deer to 20. Nawrocki stated he was not for, or against, the task force recommendation, but it was only a verbal response. Kelzenberg felt this was a compromise and he liked it. Williams stated he wouM vote against the motion, as the task force did an excellent job. We have spent weeks on this and a compromise wouM be the best, or Minneapolis may get rid of all of the deer. Ericson stated that before she wouM vote, she wouM tike to hear from the residents present. dane Anderson, 1402 Circle Terrace, stated inconsistencies in the task force 's findings. Wyckoff stated that Anderson has done much research on the White Buffalo Inc. proposal. Anderson stated that for the most successful management, you would feed the deer to get them to a trap, drop a net over the group and shoot them in the head so the deer do not run off and people wouM not see them suffer. Williams suggested she voice her opinions to the City of Minneapolis. Nawrocki ask Stephanie Ayers, Task Force member, to come forward and speak. Ayers, , stated this was a difficult situation, and it is difficult to watch the deer suffer. She stated that the Mayor appointed her to this team, and they came to realize the only solution was to efiminate most of the deer in a legal way. The only acceptable way is bow hunting, and something needs to be done now. It is not humane to let them starve. Wyckoff stated that in 1999 Minneapofis agreed to contraception. Wyckoff asked why White Buffalo could not arrive until March. Fehst stated it is because he is doing a project in another country and would not return until then. Fehst stated there are other groups for deer management, such as Superior Wildlife Management, but they do not recommend long-term contraception. Fehst stated that all materials gathered to date shouM be passed along to the Water Works. Anderson continued with inconsistencies regarding the method of removal. Wyckoff asked why White Buffalo Inc. would not come in March if we removed some deer now. Anderson stated that because it is for his research, and he would want to control the population. Wyckoff indicated there have been donations offered. Anderson stated there have been offers of up to $500. Ericson asked if Minneapolis is open to the idea of feeding the deer and the White Buffalo group, as birth control is City Council Minutes November 24, 2003 Page 13 of 15 currently not allowed. Anderson stated that is incorrect and she can produce the law to prove it. Williams felth that the Water Works' would not allow the birth control. Anderson stated that these deer are apart of their security, and the Water Works' has the lowest vandafism rate in the country because people are watching the fence and their property, while watching the deer. Fehst again commented that information from the task force, Anderson and Colombo would be forwarded to Gail Plewacki and Mayor Rybak, to give them enough information to make their decision. Since we do not have a deer management plan and do not have a rule again bow hunting, Minneapolis will not come back to us again on this issue. We have spent an amazing amount of time on this and anything further shouM be said to the Minneapolis City Council. Wyckoff stated the information shouM also go to Paul Ostrow, and shouM include a letter stating that people are willing to contribute money for this cause. Fehst stated this is no longer our issue. Minneapolis asked for a task force; the Mayor asked for volunteers, did not receive any, appointed members and then they were unfairly chastised. Ed Aune, 4649 Johnson, stated he feeds the deer about 300 pounds of food per week, and can call 22 deer to the fence. He disputed the count of 56 deer on the site. The deer need to be managed and we have to do something. The deer are standing on their back feet when trying to eat from the trees and he has seen Water Works' employees cut down branches to feed the deer. There is not enough undergrowth and time is needed to allow re-growth. Wyckoff stated she wouM tike to write a letter to the Minneapofis Water Works' to thank them for their consideration, to indicated that a task force was formed and has made the recommendation to remove all but 20 of the deer through bow hunting, and include information for sterilization of the deer, which would require feeding them until spring. Wyckoff would allow Councilmembers to review the letter. Nawrocki reiterated his motion and stated that he has not seen a written task force report. Wyckoff indicated that the motion did not include the task force report or that citizens would pay to feed the deer. Ericson preferred a combination of motions as Minneapofis asked for the task force, to let them know the results'; include new information received; and as residents' enjoy watching the deer, recommend preserving some of each different group of deer. Nclwrocki indicated that then other groups specific recommendations shouM also be given to Minneapolis. Wyckoff stated her personal wish was to wait for the White Buffalo Inc. group in March. Ericson indicated the need to validate the task force recommendation by passing it on. Fehst stated that the task force did make a motion at the end of the last meeting. Upon vote: Kelzenberg, nay; Williams, nay; Ericson, nay; Nawrocki, aye; Wyckoff, nay. 4 nays - 1 aye. Motion failed. Wyckoff indicated that she wouM write the letter to the appropriate persons. Ericson thanked the task force and other residents' that helped to educate Councilmembers in this matter. ADMINISTRATIVE REPORTS Report of the City Manager - none Report of the City Attorney - none City Council Minutes November 24, 2003 Page 14 of 15 CITIZENS FORUM Williams requested that "purchase of the NEI building" be added to the work session agenda. COUNCIL COMMUNICATION Nawrocki · Monday, December 1, at 7:00 p.m. is the Truth and Taxation hearing. Thel2 percent tax increase is incorrect, as everyone's taxes are going up 18 to 22 percent. · Referred to a quote in the Heights Happening newsletter regarding increase in taxes because of loss of State Aid. The increase is because of the City Manager's recommendation and majority vote of Council. An alternative would be use of surplus revenues and significant reductions in expenditures. · Referred to meeting of the State and Metro Municipalities (AMM). Tom Weaver, Executive Director of the Metropolitan Council described the Metro Government Development Guide Plan. Has the local AMM information available for review. Described sessions attended regarding cooperation and consolidation of services and land use risk management law changes. Fehst indicated there was a heated discussion regarding cuts in local government aid, and that we are suffering dramatically because of these cuts. Fehst indicated that most cities are raising back the allowable 60 percent aid loss. · Asked again for a written policy, which does not forbid or curtail City employees from talking to City Councilmembers. · Heard concerns from Mady's owner regarding talk of redeveloping their property. It is hindering their ability to sign up bowling leagues for next year. · NE corner of 45th and Central there is a warning sign, which impedes right turns, and looks to have been forgotten there. · Disappointed that the televised Mayor's Report does not cover all points from the Council meetings, such as the North Star Corridor would not cost Columbia Heights residents anything, when our County taxes have funded $750,000 to promote this. Ericson · Asked the Mayor to describe the "Light the Heights" event. Wyckoffstated that on December 6th at 5.'00 p.m. the plan is to gather at the Transit Hub at 41st and Central Avenue, to turn on the lights on Central Avenue and Wargo Court There will be church choirs performing, a reception at Oest View and open houses at several businesses. Fehst stated there wouM be an agenda for the event in the Northeaster newspaper. Nclwrocld suggested the wrestling team sell Christmas trees, but it may be too late for this year. · Wished residents a healthy, safe and happy Thanksgiving. Wished the Mayor a Happy Birthday on December 12th. Wyckoff · The City will still pick up leaves the rest of the week. · There will be only one regular Council meeting on December 15th. December 1st is the Truth and Tax hearing, December 2nd is a joint meeting with School board, and December 8th is a Council Work Session. · Starting January 7th, on Wednesdays, the Mayor will meet with residents from 5:00 to 8:00 p.m. at the Library to hear their concerns and have presentations to keep citizens more informed. Community Development Director Bob Streetar will give the first presentation at 6:30 p.m. that evening. Williams · Regarding taxes: spending has been flat for four years and not raised taxes. Last year we were under budget by $300,000 in addition to the $700,000 in cuts we made. On this year's tax statement the County has raised taxes 12 percent, but not sure what we get in return for this. Fascinated with our increased community development. City Council Minutes November 24, 2003 Page 15 of 15 · Important to pray for the peace and prosperity of our citizens, and for local resident Bruce Nedegaard. Redevelopment of the industrial park is a slow process. Fehst stated that severalproperties have been purchased and we have obtained grants to clean up the land. The project is continuing at a steady pace. · Tickets for the Holiday Kick-Off Party are available at City Hall, Northeast State Bank and the Credit Union. The world's greatest pork chops will be served. · Wished everyone a great Thanksgiving and holiday season. · Complimented the Rising to New Heights group for getting involved with our community, and the desire for the enthusiastic deer advocates to also become involved in our City. Kelzenberg · Congratulated his son's 7th grade basketball team for winning first place in their tournament this past weekend. There were only two courts for 16 teams, so teams were split. The last game the two Columbia Heights teams played each other. · All proceeds from the Holiday Kick-off Party will go toward a community center. · Wished everyone a safe and nice Thanksgiving. ADJOURNMENT Mayor Wyckoff adjourned the meeting at 11:13 p.m. Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary