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HomeMy WebLinkAboutFebruary 9, 2004OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING FEBRUARY 9, 2004 The following are the minutes for the regular meeting of the City Council at 7:00 p.m. on Monday, February 9, 2004 in the City Council Chambers, City Hall, 590 40th Avenu e N.E., Columbia Heights, MN. Pastor Bob Lyndes, St. Timothy Lutheran Church, gave the Invocation. CALL TO ORDER/ROLL CALL Mayor Wyckoff called the meeting to order at 7:00 p.m. Present: Mayor Wyckoff, Councilmember Williams, Councilmember Nawrocki, Cou ncilmember Ericson, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE – recited ADDITIONS/DELETIONS TO MEETING AGENDA th Wyckoff added announcements to “Proclamations” and new development on 49 and Central to “Other Business”. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS Proclamations th Wyckoff recognized the 95 birthday of Al Naegele , resident of Columbia Heights. First Lutheran Church will hold a reception in his honor next Sunday. Wyckoff introduced Eric Hagen, the new community reporter for the Sun Focus newspaper. Presentations Defibrillator presentation – Fire Captain John Larkin thanked everyone involved with the Defibrillator fundraiser last year, held in conjunction with the School District. The goal to purchase six Defibrillators was r eached and the units have been in service since August 2003. The School District also reached their goal. Larkin expressed gratitude for the community’s generosity and support of the Fire Department. Larkin showed four of the seven Defibrillator units we n ow have. Funds will be sought through an Allina/Mercy grant to purchase an additional Defibrillator for the new ladder truck. Wyckoff stated these units are on airplanes and are very easy to use. Larkin stated that when a patient has a shockable rhyme we c an save their life; the problem is people don’t call for help soon enough. He encouraged people to call at the first sign of symptoms and not to wait until they collapse. Fehst asked it is if true that taking an aspirin helps. Larkin stated they do give a baby aspirin, which has been shown to make a difference. Recognition Charter Commission Wyckoff indicated that Charter Commission member Bill Antzaras has fulfilled his eight year term on the commission. As he was not present, Mayor Wyckoff asked Mike Har tel, Charter Commission Chair to speak. Hartel thanked Mr. Antzaras for his service. Hartel stated the need for new Charter Commission members and encouraged residents to apply. The commission meets four times a year. Ericson questioned the City Attorney a s to what happens if the Charter Commission membership falls below the required number. Jim Hoeft, City Attorney, indicated the Commission could not meet. Nawrocki asked that the Deputy City Clerk give applications to Mr. Block and Mr. and Mrs. Johnson, wh o were present in the audience. City Council Minutes February 9, 2004 Page 2 of 9 CONSENT AGENDA Nawrocki expressed displeasure at the number of items on the Consent Agenda, as items have already been discussed at the work session. Work sessions are not cablecast, and the minutes are not published. Meet ings should be put on cable or put items on the agenda for discussion. City Manager Walt Fehst took Council through the consent agenda items. 1) Approve City Council Meeting Minutes for the January 26, 2004 regular City Council meeting Motion to approve the minutes of the January 26, 2004, regular City Council meeting as corrected. Nawrocki corrected pages 12 and 13, indicating the party referred to was Landwehr, not Yehle. 2) Accept Boards and Commissions Meeting Minutes Motion a) to accept the December 1, 2003 minutes of the Traffic Commission. Motion b) to accept the February 2, 2004 minutes of the Traffic Commission. Motion c) to accept the January 28, 2004 minutes of the Park and Recreation Commission. 3) Establish Work Session meeting date for Tuesday, Februa ry 17, 2004 Motion to establish a Work Session meeting date for Tuesday, February 17, 2004 following the Economic Development Authority meeting in Conference Room 1. Fehst listed items for discussion: clean up assistance policy, review potential mitigato n measures or programs from sanitary sewer backups, Ambulance Primary Service Area, replacement of liquor store cash registers. Nawrocki stated that is the day of the regularly scheduled EDA meeting. Fehst suggested holding the EDA meeting first, followed by the work session. Councilmembers agreed. 4) Authorize payment to administer 2003 TIF Laws, Truth in Taxation, and Special Assessments. Motion to authorize payment of $17,359.13 to Anoka County for administering the 2003 Tax Increment Financing Laws of M innesota, Truth in Taxation, and Special Assessments, with expenses being charged to the TIF Debt Services Fund and the General Fund. 5) Adopt Resolution No. 2004 - 05 being a Resolution to participate in an All Hazard Mitigation Planning Process as establish ed under the Hazard Mitigation Act of 2000. Motion to waive the reading of Resolution No. 2004 - 05, there being ample copies available to the public. Motion to adopt Resolution No. 2004 - 05, being a Resolution to participate in an All Hazard Mitigation P lanning Process as established under the Hazard Mitigation Act of 2000. Fehst stated that in the past this was recognized as “Civil Defense” and is now tied in with Homeland Security. RESOLUTION NO. 2004 - 05 RESOLUTION TO PARTICIPATE IN AN ALLHAZARD MITIG ATION PLANNING PROCESS WHEREAS, the County of ANOKA is participating in a hazard mitigation planning process as established under the Hazard Mitigation Act of 2000; and WHEREAS, the Act establishes a framework for the development of a county hazard mitig ation plan; and WHEREAS, the Act as part of the planning process requires public involvement and local coordination among neighboring local units of government and businesses; and City Council Minutes February 9, 2004 Page 3 of 9 WHEREAS, the plan must include a risk assessment including past hazards, h azards that threaten the county maps of hazards, an estimate of structures at risk, estimate of potential dollar losses for each hazard, a general description of land uses and development trends; and WHEREAS, the plan must include a mitigation strategy in cluding goals and objectives and an action plan identifying specific mitigation projects and costs; and WHEREAS, the plan must include a maintenance or implementation process including plan updates, integration of plan into other planning documents and ho w the county will maintain public participation and coordination; and WHEREAS, the draft plan will be shared with Minnesota Planning for coordination of state agency review and comment on the draft; and WHEREAS, approval of the all hazard mitigation plan will make the county eligible to receive Hazard Mitigation Grant Program (HMPG) project grants; and WHEREAS, this resolution does not preclude the participating cities and townships from preparing its own plan sometime in the future should it desire to d o so. NOW THEREFORE BE IT RESOLVED, that the City of Columbia Heights supports the county hazard mitigation planning effort, wishes to join with the county in preparing the plan and recognizes that the plan will apply within the City. 6) Adopt Resolution No . 2004 - 08 being a Resolution a uthorizing a Joint Cooperative Agreement for use of Fire Personnel and Equipment with the North Suburban Regional Mutual Aid Association. Motion to waive the reading of Resolution No. 2004 - 08, there being ample copies availab le to the public. Motion to adopt Resolution No. 2004 - 08, being a Resolution a uthorizing a Joint Cooperative Agreement for use of Fire Personnel and Equipment with the North Suburban Regional Mutual Aid Association. Fehst referenced concerns voiced abo ut waiver of liability, and stated that in past agreements the language was different, but the meaning was the same regarding responsibility for your own area and firefighters. This resolution authorizes the update of our Fire Department Mutual Aid Agreeme nt. Fehst stated this Association has gone from 17 member cities to 33 cities. RESOLUTION NO. 2004 - 08 BEING A RESOLUTION AUTHORIZING A JOINT COOPERATIVE AGREEMENT FOR USE OF FIRE PERSONNEL AND EQUIPMENT WITH THE NORTH SUBURBAN REGIONAL MUTUAL AID ASSOCIA TION WHEREAS, the City of Columbia Heights is a member of the North Suburban Regional Mutual Aid Association and its Fire Chief is its authorized representative, and; WHEREAS, a mutual need exists between members of the North Suburban Regional Mutual Aid Association to share and assist one another in the areas of fire suppression, prevention, training, public education, arson investigation, disaster control and mitigation, and; WHEREAS, the City of Columbia Heights considers it to be in the best interest s of the City to enter into a mutual agreement with the other members of the North Suburban Regional Mutual Aid Association. NOW, THEREFORE, BE IT RESOLVED, that the City of Columbia Heights enter into agreement with the North Suburban Regional Mutual Ai d Association and hereby authorizes its Mayor to sign such and agreement. 7) Award of 2004 - 2005 Tree Removal Program to Bluemel’s Tree and Landscape Motion to award the 2004 - 2005 Removal of Trees, Trees and Stumps or Stumps Only on Public and Private Proper ty Contract to Bluemel's Tree and Landscape, Inc. of Hudson, Wisconsin, based upon City Council Minutes February 9, 2004 Page 4 of 9 their low, qualified, responsible total bid for tree and stump removal, tree removal only, or stump removal only; and furthermore, to authorize the Mayor and City manager to enter into a contract for the same. Fehst stated that we have worked with this company in the past. Nawrocki indicated that past agreements provided for citizens to use the contractor, at the price indicated, to remove other trees. He stated that he t ried to do so this year and was told they would contact him in October, but he never heard back from them. Nawrocki stated that this part of the contract should be made clear to the contractor. Fehst agreed, and stated that it should be on a timely basis. He suggested residents call the City if they have such a problem. 8) Accept Surface Water Engineering Report for Tyler Place N.E. and 43 1/2 Avenue from Bonestroo Rosene Anderlik & Associates Motion to receive the Surface Water Engineering Report for Tyler Place NE and 43 ½ Avenue from Bonestroo Rosene Anderlik & Associates. Wyckoff asked if Chies received a letter regarding these findings. Hansen stated that Mr. Chies would not be formally contacted until the report is accepted. 9) Approve Removal of Lane Striping in front of 1605 37th Avenue - Removed to table Fehst stated this would remove lane striping, eliminate the traffic lane, and install a “No driving on shoulder” sign. Kevin Hansen, Public Works Director, indicated that prior to 2000 this area al ong th 37 was a two lane roadway. Based on a petition by residents in 2000, the area was designated as a shoulder/parking lane. Nawrocki described the traffic tie up at this corner and vehicles passing on the right. Hansen stated the Traffic Commission’s vi ew that traffic was accommodated in one traffic light cycle and recommended the additional signage. There is not a record of accidents at this location, and the installation is for convenience. Nawrocki questioned why it is a problem to let cars use this l ane. Hansen stated this was an enforcement issue for the Police Department. Nawrocki indicated there is no other sign like this in Columbia Heights. Wyckoff addressed a similar area. Hansen referred to the width differences in parking/striping lanes and th at Public Works cannot move the striping closer to the intersection and still meet uniform traffic control recommendations. Kelzenberg indicated that the Traffic Commission’s recommendation was in response to the adjacent neighbor that lost parking in f ront of his home and the speed of cars. Williams suggested a left turn signal. Hansen stated that a protected left turn phase could be suggested to the City of Minneapolis. Hansen suggested tabling this item for 60 days for further research. Ericson a sked to remove this item from the consent agenda. Nawrocki encouraged residents to observe this location, especially during busy times. He asked why left turns, after yielding, are not allowed on Central Avenue. Hansen explained permissive left turns ver sus protected left turn. He stated that MnDOT is currently doing a traffic study north into Fridley, which will address this. 10) Adopt Resolution 2004 - 06, being a Resolution Accepting the Feasibility Report for Zone 6 Street Seal Coating and Ordering the P ublic Improvement Hearing. Motion to waive the reading of Resolution 2004 - 06, there being ample copies available for the public. City Council Minutes February 9, 2004 Page 5 of 9 Motion t o adopt Resolution No. 2004 - 06, being a Resolution to accept the Feasibility Report and to establish the Public Impro vement Hearing for Zone 6 Street Seal Coating, City Project 0302, on March 9, 2004. RESOLUTION NO. 2004 - 06 BEING A RESOLUTION ACCEPTING THE FEASIBILITY REPORT AND CALLING FOR A PUBLIC IMPROVEMENT HEARING FOR ZONE 6 SEAL COATING WHEREAS , the City Council has adopted a Street Rehabilitation Program which divides the City into seven zones, and WHEREAS , pursuant to Resolution No. 2003 - 53, a report has been prepared by the Director of Public Works with reference to the Zone 6 area of the Street Rehabilitation Program, and th WHEREAS, Zone 6 of the Seal Coat Program is bounded by Central Avenue on the east, 40 Avenue on the south, University th th th Avenue Service Drive on the west, 44 Avenue on the north and 45 Avenue from University Avenue Service Drive to 5 Street, and WHEREAS , the report provides information regarding whether the proposed project is feasible, necessary and cost effective, and Said report is hereby received by the City Council of Columbia Heights on February 9, 2004. NOW THEREFORE BE IT R ESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA 1. The Council will consider the improvement of such streets in accordance with the report and the assessment of abutting or benefited property for all or a portion of the cost of the improvement pu rsuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $132,500.00. th 2. A public hearing shall be held on such proposed improvement on the 9 day March, 2004, in the City Council th Chambers at 590 40 Avenue N.E. at 6:0 0 P.M. and the City Clerk shall give mailed and published notice of such hearing and improvement as required by law. 11) Adopt Resolution 2004 - 07, being a Resolution accepting the Feasibility Report for Zone 7A Street Rehabilitation and Ordering the Public I mprovement Hearing. Motion to waive the reading of Resolution 2004 - 07, there being ample copies available for the public. Motion to adopt Resolution No. 2004 - 07, being a Resolution, to accept the Feasibility Report and establish the Public Improvement Hear ing for Zone 7A Street Rehabilitation for March 9, 2004. Hansen described the boundaries for Zone 7A street reconstruction and Zone 6 seal coating. RESOLUTION NO. 2004 - 07 BEING A RESOLUTION ACCEPTING THE FEASIBILITY REPORT AND CALLING FOR A PUBLIC IMP ROVEMENT HEARING FOR ZONE 7A STREET REHABILITATION WHEREAS , the City Council has adopted a Street Rehabilitation Program which divides the City into seven zones, and WHEREAS, pursuant to Resolution No. 2003 - 51, a report has been prepared by the Director of Public Works with reference to the Zone 7A area of the Street Rehabilitation Program, and th WHEREAS, Zone 7A of the Street Rehabilitation Program is bounded by Central Avenue on the east, 37 Avenue on the th th th nd south, University Avenue Service Drive on the west and 40 Avenue on the north and 7 Street, from 40 Avenue to 42 Avenue, and WHEREAS , the report provides information regarding whether the proposed project is feasible, necessary and cost effective, and Said report is hereby received by th e City Council of Columbia Heights on February 9, 2004. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA City Council Minutes February 9, 2004 Page 6 of 9 1. The Council will consider the improvement of such streets in accordance with the report and the assessment of ab utting or benefited property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $1,341,000. th 2. A public hearing shall be held on such proposed improvements on t he 9 day of March, 2004, in the City Council Chambers th at 590 40 Avenue N.E. at 6:00 p.m. and the City Clerk shall give mailed and published notice of such hearing and improvement as required by law. 12) Approve Business License Applications Motion to app rove the items as listed on the business license agenda for February 9, 2004 as presented. 13) 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 106900 throu gh 107114 in the amount of $2,319,634.12. Nawrocki referred to check #107084 for $4,700, for appraisal services by Nagell, of the Apache mall, and stated it is premature to spend funds for this service. Wyckoff spoke of the need for the City to move forw ard through development. Motion by Ericson, second by Kelzenberg, to approve the Consent Agenda items with the exception of item Motion carried. #9. Upon vote: All ayes. Motion by Williams, second by Ericson, to table item #9, Removal of Lane Striping in front of 1605 37th Motion carried. Avenue, for 60 days. Upon vote: All ayes. Ericson requested that addition information be provided at a work session. PUBLIC HEARINGS Close Public Hearing - Revocation/Suspension of Rental Housing Li cense at 4514 - 4516 Fillmore Wyckoff closed the public hearing regarding the revocation or suspension of the Rental License held by Joe Bazzett regarding rental property at 4514 - 4516 Fillmore Street, in that the Property complies with the Residential Maint enance Code. ITEMS FOR CONSIDERATION Other Ordinances and Resolutions First reading of Ordinance No. 1469, being an Ordinance repealing Ordinance No. 1426 pertaining to "permit parking only" on 41st Avenue and Jackson Street. Wyckoff stated the original Ordinance affected NEI student and staff parking permits, which is no longer necessary. Hansen stated the requirement that this be repealed by ordinance. Other “no parking” areas, as required by the Fire Department, would remain. Motion by Kelzenberg, se cond by Williams, to waive the reading of Ordinance No. 1469, there Motion carried. being ample copies available to the public. Upon vote: All ayes. Motion by Kelzenberg, second by Williams, to establish the second reading of Ordinance No. 1469, being an Ordinance repealing Ordinance No. 1426 pertaining to designated permit parking only from 7:00 a.m. to 3:00 p.m., Monday through Friday, except holidays on 41st Avenue N.E. and Jackson St. N.E. adjacent to 825 41st Avenue N.E. (N.E.I. College of Technolo gy) for Monday, February 23, Motion 2004, at approximately 7:00 p.m. in the City Council Chambers. Upon vote: All ayes. carried. City Council Minutes February 9, 2004 Page 7 of 9 Miscellaneous Wyckoff commended the Public Works staff on citywide snow removal, but questioned additional plowing that fil ls in driveways. Hansen explained schedule changes to limit overtime, and that additional plowing is to widen areas in anticipation of additional snowfalls. th Nawrocki indicated the necessity of clearing the 49 Avenue pedestrian bridge as soon as possibl e after a snowfall, because of heavy student and resident use. Williams requested copies of the appraisal by Nagell. Wyckoff referred to complaints regarding businesses not shoveling their sidewalks. Fehst stated that a Community Service Officer would visit these businesses. B) Other Business Wyckoff announced that the Sheraton Hotels propose to develop a 150 unit hotel in Columbia Heights. Fehst stated this would be a $15,000,000 investment in the second phase development of the Kmart property. Tax Incr ement Financing would be required and discussed at a future work session meeting. The Developer estimates 60,000 visitors per year. There will be a restaurant, catering, and a small community space. Wyckoff stated this would be a benefit for both Hilltop a nd Columbia Heights. Fehst suggested inviting the Hilltop City Council, area businesses, Rising to New Heights and the EDA to the work session regarding this development. st Deb Johnson, 999 41 Avenue, asked what current businesses this would encompass. W yckoff indicated Savers and Hollywood Video. Fehst stated that if relocation was required, we would look to do so within our City. Wyckoff stated that BW3 would like to relocate. Wyckoff indicated that, as of today, the City owns the NEI building. Fehst s tated that our Police Officers have been directed to check on the building daily, we will shovel the sidewalks, the protective security system is in place, minimal heat and electricity will be maintained, and we will have someone check the boilers daily. F ehst indicated we anticipate receiving $285,000 in Community Development Block Grant (CDBG) funds, to be combined with the proceeds from the Tyler Street property sale, to demolish the NEI building. Nawrocki questioned funds to be repaid to the County. Feh st stated that some money would have to be repaid. Wyckoff indicated the desire to have volunteers help salvage items from the building. Some of the lockers will be taken to the Public Works Department. Fehst commended staff for their hard work with Anok a County Staff and County Commission Kordiak to receive CDBG funds. ADMINISTRATIVE REPORTS Report of the City Manager Fehst referred to a conversation with Judy Yantos indicating that the School Board is also in need of gym space. They have commissioned a survey by Decision Resources Inc. to determine support for additional gym space, repair to the pool, and a fitness walking area. Some type of joint athletic or community center has been discussed. Fehst will schedule a joint meeting with the School Boar d on th February 24 , at 6:00 p.m. He referred to discussions with the YMCA and expressed concern for guaranteed gym space. Fehst described NEI land use possibilities, beyond the original suggestions by Dunbar. He stated funds might become available to st reamline operations of government, where a joint effort, such as gym space, would qualify. Wyckoff stated that we need more than a couple of gyms and would like to work with other groups. Fehst indicated that proposed development in the community could inc rease our City Council Minutes February 9, 2004 Page 8 of 9 population to 23,000 or 24,000 people. Wyckoff stated that new market rate townhomes need amenities such as a community center and our city hall is outdated; and to combine them at the NEI site would be her dream. Nawrocki referred to a past ti me when the YMCA showed interest in placing a facility in our town. Residents, including him, helped raise funds. The facility was built elsewhere and the funds were not returned. The YMCA has just signed an agreement with the City of Andover. Nawrocki sta ted that he is not a proponent of keeping NEI, but suggested having the YMCA look at the building for their use, possibly with enough remaining space for our Library. Wyckoff indicated the dates the City Manager would be on vacation. Wyckoff questioned the lay off of a Finance Department employee, stating that Council was not informed of this and thought that all staff reductions would be through attrition. Nawrocki referred to such discussions during budget hearings. Wyckoff requested to be informed of any such action in the future. Wyckoff referred to the City Manager attending an in - state overnight conference, and asked what the current agreement is with staff. Fehst stated there have not been many requests, but out of town travel is allowed for Sta ff and Councilmembers. Wyckoff referred to Councilmember Nawrocki attending a national conference in Washington D.C. Nawrocki stated that he had been the proponent to removal all out of metro travel from the budget and was voted down. Wyckoff referred to t he Deputy City Clerk paying her own travel and lodging for a conference last year. Fehst stated everyone but organization presidents did so last year. Nawrocki stated that last year he paid his own expenses. He indicated the importance of this conference. Wyckoff stated that this year she would attend an in - state Mayors conference. Report of the City Attorney - none CITIZENS FORUM Elaine Feely, 4601 Chatham Rd, indicated displeasure at the way Councilmembers treat each other on public T.V. She thanked C ouncilmember Nawrocki for answering her email and returning her long distance phone call. COUNCIL CORNER Nawrocki ? ? Stated disagreement with misleading wording of budget information in the past and upcoming City Newsletter. ? ? The Board of Review notice is hidden in the back of the newsletter. Fehst stated that it has been changed to the front page. ? ? Election filings are in July and should be in the newsletter to give people time to prepare. Fehst stated this information would be in the next newsletter. ? ? The State Auditor praise for our fund balance level is the general fund and does not include the other forty funds that we have, some of which are restricted. Long range – we need to downsize our operation. Ericson ? ? The HRA recognized and hosted a reception for Crestview staff, for their involvement with the City. Crestview is no longer involved with Parkview Villa, but we want a long relationship with them in our community. Welcomed the Walker ElderCare staff. ? ? February is “Love to Read” month. City Council Minutes February 9, 2004 Page 9 of 9 th ? ? The “Spring Housing Fair” will be Saturday, March 27 . More information will be available on the Rising to New Heights (RNH) web site. RNH meets at St. Timothy’s on the second Tuesday of every month at 7 p.m. Williams ? ? Initial reaction to the deer issue at the Water Works property was to compromise, now citizens may face having no deer. Indicated that residents should not be allowed to verbally attack Council - members. ? ? Received a thank you from resident in Ramsdell Park where the trees were planted. th ? ? Tri - City Hockey fundraiser will be Saturday, February 13 at Murzyn Hall. ? ? Attended the National Prayer Breakfast. 150 countries were present. ? ? Apologized for missing the Ocel retirement party. ? ? Pray for the health, peace and prosperity of our citizens. Kelzenberg ? ? The 500 Club did not happened. This was to bring the community together for a fun time. There is a great need for a community center, which will prove to be even a greater need with all the redevelopment being planned. Wyckoff th ? ? Love Lights still available, $3 each; the tree will be lit on February 14 . Every $750 donated pays for one (international) face surgery. th ? ? Human Services Commission will hold a special meeting on Wednesday, February 25 at 6:30 p.m. to discuss the “Taste of Heights” event. th ? ? Deer tas k force applications are available at City Hall, and are due back February 20 . They will be forwarded to the Minneapolis Water Works. Other options to discuss are: contraceptives or removal to an animal sanctuary. th ? ? Senior citizen lunch tomorrow at 11:30 a .m. at Star Central, 40 and Central Avenue. ? ? My mission is to bring first class development to our City. ADJOURNMENT Mayor Wyckoff adjourned the meeting at 9:18 p.m. __________________________ Patricia Muscovitz, CMC Deputy City Clerk/Council Secret ary