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HomeMy WebLinkAboutMay 10, 2004 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MAY 10, 2004 The following are the minutes for the regular meeting of the City Council held at 8:00 p.m., immediately following the EDA meeting, on Monday, May 10, 2004 in the City Counc il Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. Pastor Dan Thompson, Columbia Heights Assembly of God, gave the Invocation. CALL TO ORDER/ROLL CALL Mayor Wyckoff, Councilmember Williams, Councilmember Nawrocki, Councilmember Ericson, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA Nawrocki requested discussion of the sanitary sewer compensation policy. Motion by Williams, second by Ericson, to discuss sanitary sewer damage compensation at the nex t work session meeting. Upon vote: Kelzenberg, aye; Williams, aye; Ericson, aye; Nawrocki, nay; Wyckoff, aye. 4 Motion carried. ayes – 1 nay. Mayor Wyckoff added item 7C, discussion regarding City survey. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AN D GUESTS Presentations Donald Vesley, Library Foundation member, updated the City Council on the Library fundraiser scheduled for June 26, 2004 at the Heights Theater for the Library Foundation. The movie “Wrongfully Accused” written by Columbia Heights n ative Pat Proft will be shown. There will also be a silent auction and Mr. Proft will conduct a question and answer period. This comedy has references to the Columbia Heights Jamboree. Tickets will be available at Jeff Bobby and Steve’s Auto World, City Ha ll and Northeast State Bank for $10. Vesley stated that this movie is appropriate for the entire family. CONSENT AGENDA Wyckoff removed #3 for discussion Nawrocki removed #2 for discussion . City Manager Walt Fehst took Councilmembers through the consent agenda items. 1) Establish Work Session meeting date for Monday, May 17, 2004, beginning at 7:00 p.m. in Conference Room 1. Motion to establish a Work Session meeting date for Monday, May 17, 2004 beginning at 7:00 p.m. in Conference Room 1. Fehst listed proposed topics for the May 17 work session: ? ? Selection of an Auction House Services vendor for the auctioning of surplus City property and Police confiscated items. ? ? SAC/WAC fees City Council Minutes May 10, 2004 Page 2 of 8 ? ? I/I Program: Sump Pump disconnect ordinance ? ? Sewer backup policy Wyckoff su ggested adding discussion to conduct a citywide survey. 2) Approve Schafer - Richardson Preliminary Development Agreement - removed 3) Authorize the purchase of two ‘04 Ford Crown Victoria Police vehicles in the amount of $41,190 - removed 4) Authorize transfer o f funds received for Officer off duty work from General Fund to Police budget overtime line Motion to transfer $3,273.75, the total amount received from Unique Thrift store, CHHS activities, and Valley View Elementary PTA for off duty security worked, fro m the General Fund to the Police Department 2004 budget under line #1020, Police Overtime. 5) Authorize 2004 Jamboree permit to close Jefferson Street and authorize the Police Department to issue a parade permit Motion to authorize staff to close Jefferson Street for the time period from Monday afternoon, June 21, 2004 through Sunday, June 27, 2004. Motion to authorize the Police Department to issue a parade permit for the Jamboree Parade to be th held on Friday, June 25, 2004 at 6:30 p.m. for the following st reets: Central Avenue at 45 Avenue th th th th to 40 Avenue, west on 40 Avenue to 5 Street and 5 Street to Mill Street. 6) Establish a Hearing Date of June 14, 2004 for the reuse of CDBG Funds Motion to establish a Public Hearing Date for June 14, 2004, at a pproximately 7:00 p.m. for the purpose of reallocating CDBG funds that were formerly used to acquire property at 4607 Tyler Street NE. 7) Adopt Resolution No. 2004 - 24, being a Resolution accepting bids and awarding a contract for City Project #0400, 2004 Mis cellaneous Concrete Repairs and Installations Motion to waive the reading of Resolution No. 2004 - 24, there being ample copies available to the public. Motion to approve and adopt Resolution No. 2004 - 24 accepting bids and awarding the 2004 Miscellaneous C oncrete Repairs and Installations, Municipal Project #0400 to Ron Kassa Construction Inc. of Elko, Minnesota based upon their low, qualified, responsible total bid in the amount of $15,493.50 with funds to be appropriated from Fund 401 - 50400 - 4000; and, fur thermore, to authorize the Mayor and City Manager to enter into a contract for the same. RESOLUTION NO. 2004 - 24 RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE 2004 MISCELLANEOUS CONCRETE REPAIRS AND INSTALLATIONS, CITY PROJECT No. 0400 TO RON KASSA CONSTRUCTION WHEREAS, pursuant to an advertisement for bids for City Project No. 0400, Miscellaneous Concrete Repairs and Installations, bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Bidder TOTAL Ron Kassa Construction $15,493.50 Thomas & Sons $20,252.20 Gunderson Brothers $22,326.50 City Council Minutes May 10, 2004 Page 3 of 8 th WHEREAS, it appears that Ron Kassa Construction Inc., 6005 250 East, Elko, Minnesota 55020 is th e lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Ron Kassa Construction, Inc. in the name of the City of Colum bia Heights, for the 2004 Miscellaneous Concrete Repairs and Installations, City Project No. 0400, according to plans and specifications therefore approved by the Council. 2. The City Engineer is hereby authorized and directed to return, forthwith, to all bi dders, the deposits made with their bids except the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been signed. 3. City Project #0400 shall be funded with State Aid Maintenance Fund, General Fund, Park Fun d, Street Fund, Sewer and Water Fund and PIR funds. 8) Establish a Hearing Date of May 24, 2004 for revocation or suspension of rental property license at nd 943 42 Avenue and 3849 - 51 Central Avenue NE Motion to establish a Hearing Date of May 24, 2004 for Revocation or Suspension of a License to nd Operate a Rental Property within the City of Columbia Heights against Merlin Garner at 943 42 Avenue NE. Motion to establish a Hearing Date of May 24, 2004 or Revocation or Suspension of a Licens e to Operate a Rental Property within the City of Columbia Heights against F.C. Celtic LLC at 3849 - 51 Central Avenue NE. 9) Approve Business License Applications Motion to approve the items as listed on the business license agenda for May 10, 2004 as presen ted. 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 108153 through 108299 in the amount of $381,204.40. Nawrocki questioned the NEI building remova l costs and if there would be any funds remaining. Randy Schumacher, Community Development Assistant, listed the project costs including demolition, asbestos removal, survey, appraisal, and tank removal. There will be no remaining funds. Ericson stated thi s would be discussed at the hearing. Motion by Williams, second by Kelzenberg, to approve the Consent Agenda items, excluding items Motion carried. number 2 and 3, as presented. Upon vote: All ayes. #2 Approve Schafer - Richardson Preliminary Development Agreement Wyckoff stated that the Economic Development Authority (EDA) approved entering into a 180 day preliminary agreement with Schafer - Richardson. During that time we can accept, deny or ask for plan modification. Nawrocki asked that a presentation b e made for the people watching on cable T.V. Wyckoff indicated the same information was broadcast just prior to this meeting, but asked Mr. Schumacher to give a brief review. Schumacher indicated that following 50 minutes of discussion, the EDA approve d the predevelopment agreement for the industrial area with Shafer - Richardson. Redevelopment of this area has been the number one priority of the City Council for several years, with funds of $1.5 million dollars received for contamination cleanup. We are working with Shafer - Richardson, who is proposing high density owner/occupied housing for the area. They currently own the majority of the property in Phase I, or about 11 acres. The preliminary agreement allows us to negotiate details of the development. T he time frame for Phase I would be two to three years. The agreement would be City Council Minutes May 10, 2004 Page 4 of 8 for the entire area. There will be public hearings and informational meetings held regarding this site. Williams indicated this project has been in process for three years. Sha fer - Richardson is a very reputable developer. We will need an additional $3 million for clean up. Schumacher stated total cleanup costs would be $4.6 million, and the State is closely following this project as a high priority in a first ring suburb. Willia ms stated that the entire community would be invited to participate in the planning. Williams referred to the Huset Park study and the impact of the industrial redevelopment area. Nawrocki asked if this agreement is it for Phase I, II, and III. Schumach er stated that the agreement applies to the entire redevelopment area of about thirty acres. Nawrocki questioned public dollars needed for the redevelopment, and indicated that no neighborhood public meetings have been held yet. Nawrocki indicated that the area should also include industrial development. The housing market may drop off and we will need jobs for the community. Motion by Ericson, second by Kelzenberg, to approve the Preliminary Development Agreement between the City of Columbia Heights and Schafer - Richardson, the developer of the Industrial Park Redevelopment Project; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Upon vote: Kelzenberg, aye; Williams, aye; Ericson, aye; Nawrocki, nay; Motion carried. Wyckof f, aye. 4 ayes – 1 nay. #3 Authorize the purchase of two ‘04 Ford Crown Victoria Police vehicles in the amount of $41,190 Steve Synowczynski, Public Works Shop Foreman, stated the year, mileage and repair history of the vehicles propose d for replacement indicating the vehicles show a lot of wear and that their use has been extended as far as possible. These vehicles would be sold on public auction. Police Chief Tom Johnson stated this amount is from the State bid and is over $600 less than last year. The purchases would maintain the Police vehicle fleet at ten marked squad cars and six unmarked cars. Motion by Kelzenberg, second by Williams, to authorize the purchase of two 2004 Ford Crown Victoria Police vehicles per the State of M innesota bid, with funding to come from 431 - 42100 - 5150 in the amount of $41,190, and that the Mayor and City Manager are authorized to enter into a Motion carried. contract for same. Upon vote: All ayes. PUBLIC HEARING Adopt Resolution No. 2004 - 25, being a Resolution for Rental Housing Revocation at 3823 Polk Street NE. Assistant Fire Chief Gary Gorman gave the background on attempting to license this single family home rental property. There has been no response from the owner. Williams questioned fe es to reinstate this license. Gorman stated it would be the original fee, plus fifty percent. Wyckoff stated the owner was notified of this meeting. Motion by Ericson, second by Williams, to waive the reading of Resolution No.2004 - 25, there being Motion carried. ample c opies available to the public. Upon vote: All ayes. Motion by Ericson, second by Williams, to adopt Resolution No. 2004 - 25, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to Ordinance Code Sec tion 5A.408(1) of the Rental License held by Robert Zschokke regarding rental property at 3823 Polk Street Motion carried. NE. Upon vote: All ayes. City Council Minutes May 10, 2004 Page 5 of 8 RESOLUTION 2004 - 25 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY ROBERT ZSCHOKKE (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 3823 POLK STREET, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON MARCH 31, 2004 OF A PUBLIC HEARING TO B E HELD ON MAY 10, 2004. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT 1. That on or about February 1, 2004 a relicensing application was sent by regular mail to the owner of the property at the address listed on the rental housing license application. 2. That on March 2, 2004, the Fire Department inspection office staff, sent notice that the Fire Departm ent had not received the rental license application and that the annual interior inspection had not been scheduled. Notices were sent by regular mail to the owner of the property at the address listed on the Rental Housing License Application and copies o f the notice were sent to the tenants. 3. That on March 31, 2004, the Fire Department inspection office staff sent notice that the Fire Department had not received the rental license application and that the annual interior inspection had not been scheduled. Notices were sent by certified mail to the owner of the property at the address listed on the Rental Housing License Application. 4. That based upon said records of the Enforcement Officer, the following conditions and violations of the City’s Housing Mai ntenance Code were found to exist, to - wit: A. FAILURE TO SUMBIT A RELICENSING APPLICATION B. FAILURE TO SCHEDULE A RMC INSPECTION 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearin g according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COUNCIL 1. That the building located at 3823 Polk Street NE. is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by License Holder. 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F5972 is hereby revoked/suspended (cross out one); 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remo ve themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. B) Close the Public Hearing regarding the revocation or suspension of rental license at 4307 University Avenue. Mayor Wyckoff closed the public hearing regarding the revocation or suspension of the rental license held by Oscar Zamora regarding rental property at 4307 University Avenue NE in that the property has been sold and is no longer rental property. City Council Minutes May 10, 2004 Page 6 of 8 ITEMS FOR CON SIDERATION Other Business Wyckoff described joint discussions with our schools regarding the need for additional gym space. To request public input, a survey will be included in the next series of water bills. Deb Johnson, resident, stated that condominiu m owners do not receive water bills. Wyckoff indicated that the survey could be included in the City newsletter. She indicated the request of the schools for Decision Resources Inc. to conduct the survey. Wyckoff referred to possibly obtaining grant money in the future for such a survey. Wyckoff indicated discussion at the last work session with Mike Peterson, School Board Chairman, regarding joint cost saving efforts with our newsletters. The newsletters may be mailed together to save on postage costs. W yckoff indicated her dream for a new city center with gym space. Wyckoff referred to the discussions with the City of Minneapolis regarding possible construction of a mega YMCA building. Fehst stated there is a joint application to be submitted in Septem ber by the Boys and Girls Club and the YMCA, possibly including us, for a $20 million Ray Kroc Community Center at th 37 and University Avenue. Wyckoff indicated it would include a cultural area, performing arts area, art classes, and exhibits. This would b e owned by Hennepin County. Wyckoff stated that the Montessori School at St. Tim’s wants their own building Nawrocki indicated that if a survey were sent to residents, he would want to see the suggested questions before it is sent out. He expressed con cern that there is discussion of building four gyms, and that it is imperative to work with the School District, as youth from Fridley would use the facility and would broaden the base of funding. This is not high on his list of priorities. Wyckoff aske d if condominium owners get the City newsletter. Nawrocki stated that multiple dwelling residents should receive a copy to their address. ADMINISTRATIVE REPORTS Report of the City Manager – none Report of the City Attorney th Wyckoff asked for an update o f the property at 37 and Tyler. Jim Hoeft, City Attorney, stated that Assistant Fire Chief Gorman has obtained three quotes for removal costs and that removal would be moving forward. A local contractor gave the lowest quote. The necessary documents have been served on the owner. CITIZENS FORUM st Deb Johnson, 999 41 Avenue, stated that the CAST Theater Company has put up a rope light marquee that is unsightly. Wyckoff indicated this would be researched. COUNCIL CORNER Ericson ? ? Planning and Zoning Cha irman Ted Yehle has resigned, as he is moving out of the community. Applications are available at City Hall. Appreciate the hard work and energy he gave to this community. City Council Minutes May 10, 2004 Page 7 of 8 Williams ? ? The Prayer Breakfast will be this Wednesday at Murzyn Hall, with tick ets available at the door. Nawrocki ? ? What action has been taken and is there a rental license for 3808 Reservoir. Fehst stated action has been taken, but we cannot determine whether there are renters or just friends helping with the bills. ? ? What is happen ing at 3906 Reservoir ? Fehst stated the owner of property has been given until Friday to complete the required actions. If not, a silt fence will be installed in the alley and the owner will be billed. Timbers have been removed, but nothing else has been d one. ? ? Discussed payment of ProSource bill without a contract. We need proper controls. Service contracts should require a signed contract and correct paper trail. Progressive work payments should be kept track of. Fehst agreed and indicated that budget c utbacks have required individuals to carry more of the burden. He referred to the past situation in the Community Development Department. Walker Elder Care petty cash needs to have a paper trail created. ? ? When will the Jackson pond screening be put in plac e. ? ? SAC/WAC fee should be established before new housing construction begins. ? ? Offered to take the special training required for the Board of Appeals. ? ? Questioned requirement for utilities department to have vulnerability study or plan. Fehst stated this wou ld be done internally and reviewed by an outside source. ? ? Disappointed with landscaping south of Fairway in New Brighton. There should be screening. Fehst stated that most of the trees have been planted and the hill seeded, but does not look very good. ? ? I n walking around Sullivan Lake, discovered the sorry state of the area with dead branches and graffiti on the poles and benches. Bicycles speed around the lake on the path; we need to look at signage or spot check around the lake. ? ? Responded to the Mayor’s memo regarding hazardous trees and the tree removed from Ramsdell Park. ? ? Attended the Arbor Day ceremony and read a poem about “Why an old man plants a tree”. The tree planted was provided in memory of Don Jolly and commemorated with a plaque. ? ? Regarding r eimbursement to residents for sewage backups into their homes, discovered the City can purchase additional no fault insurance to cover these situations. Referred to payment to the LaCasita restaurant for their backup. No fault insurance is based on 8.5 per cent of public liability, which would be less than $10,000 for us. The bad news is the League of Minnesota Cities will not issue this to us. Fehst stated that we have applied, but we are not eligible because we have no infiltration policy, do not clean lin es as often as we should, and our paperwork over the years. We will continue to work toward qualifying for this type of insurance. Williams ? ? We must address illegal infiltration intrusions. Questioned the LaCasita claim. Bill Elrite, Finance Director, st ated this was a negotiated settlement between the League of Minnesota Cities (LMC) and the owners. The LMC determined that the City held some liability, as the line was not cleaned on time. ? ? Asked that Councilmembers receiving complaints for the senior buil ding refer the calls to Walker Senior Care management staff. ? ? Pray for the people, health, and prosperity of our city, and others who are extremely ill. ? ? The Prayer Breakfast will be this Wednesday. ? ? Referred to information from Steve Johnson, which listed p roperty values of homes in Columbia Heights. Nawrocki stated that the average person moves every five years, but in Columbia Heights it must be a lot higher than that. City Council Minutes May 10, 2004 Page 8 of 8 Kelzenberg ? ? Is the City representative on the Gym Needs Task force. NEI is the only pl ace the gyms should go, as the school already has five or six gyms. Response from some residents is the gyms should not all be at the schools, but centrally located in town. Wants a relative referendum on this year’s ballot. We cannot wait, but wants to he ar from all residents. We need possibly four gyms as soon as possible. The school proposes to work together by giving us the land, but this would take green space from the students. Asked that positive people come forward and indicate what they would like to see on the NEI site. We need to bring in the tax dollars that would be spent to keep the city going. Referred to a raffle ticket he bought and won and said that if we are not going to buy a ticket, we are not going to win. What decisions the community m akes now are what will determine if people stay in our community. We have to do this now, as interest rates will be rising. Wyckoff ? ? Read a reply from the Public Works Director on private line sewage backups. ADJOURNMENT Mayor Wyckoff adjourned the meeting at 9:45 p.m. ___________________________ Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary