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HomeMy WebLinkAboutJune 28, 2004OFFICIAL PROCEEDINGS OF THE CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING JUNE 28, 2004 7:00 P.M. The invocation was provided by Rev. David Briley of Oak Hill Baptist Church. CALL TO ORDER/APPOINTMENT OF SECRETARY PRO TEM/ROLL CALL Mayor Julienne Wyckoff called the meeting to order at 7:02 p.m. Motion by Nawrocki, seconded by Williams to appoint Carole Blowers as the Secretary Pro Tern. Motion passed unanimously. PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) Nawrocki: Add item on limiting residential rental units (add to Other Business Item #2) Wyckoff: Add meeting regarding joint meeting with school board on June 29, 2004, (add to end of Consent items) PROCLAMATIONS~ PRESENTATIONS~ RECOGNITIONS AND GUESTS There were no proclamations, presentations, or recognitions. Joseph Kloiber, new Assistant Finance Director, introduced himself and gave a brief summary of his previous work experience. Joe started on June 21, 2004. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) THE FOLLOWING ITEMS WERE REMOVED FROM THE CONSENT AGENDA AND DISCUSSED IMMEDIATELY AFTER THE CONSENT ITEMS: Items 3 (establishing work session date of July 6) Item 5 (renewal proceedings under the Cable Communications Policy Act), and Item 7 (Molan Terrace Cul-de-sac "No parking" item) After the City Manager reviewed each individual consent item, a motion was made by Ericson, seconded by Williams to approve the Consent Agenda items as follows: Approve City Council Meeting Minutes for the June 14, 2004, Regular City Council meeting MOTION: Move to approve the minutes of the June 14, 2004, regular City Council meeting after changing Gary Peterson's address from Lincoln Terrace to Lincoln Street on the bottom of page 1 and changing the word "Teamsters" to "LELS" on page 8, first paragraph after Resolution 2004-31. Accept Boards and Commissions Meeting Minutes MOTION: Move to accept the minutes of the following boards/commissions: a) Library Board of Trustees meeting minutes of June 1, 2004 Nawrocki asked what is ILS and who is hiring a consultant to do a RFP (Anoka County) City Council Minutes June 28, 2004 Page 2 of 19 b) Traffic Commission meeting minutes of May 3, 2004, and June 7, 2004 Adopt Resolution No. 2004-35/Approve the 2004-2005 International Association of Fire Fighters (IAFF) Contract Agreement MOTION: Move to waive the reading of Resolution 2004-35, there being ample copies available to the public. MOTION: Move to adopt Resolution 2004-35, regarding the Labor Agreement between the City of Columbia Heights and the International Association of Fire Fighters, effective January 1, 2004 -December 31, 2005. RESOLUTION 2004-35 REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 1216 WHEREAS, negotiations have proceeded between the International Association of Firefighters (IAFF), Local 1216, representing Firefighters of the City, and the City' s negotiating spokesperson, and said negotiations have resulted in a mutually acceptable contract for calendar years 2004 and 2005; WHEREAS, a copy of said contract is available at the Office of the City Manager and is made a part hereof by reference; NOW, THEREFORE, BE IT RESOLVED that the contract agreement, as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 2004 and 2005 for IAFF bargaining unit employees of the City; and BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this agreement. Passed this __ day of ,2004. Approve Temporary Handicap Parking Spaces on Jackson Street for Fun Fest Nawrocki questioned how did this get up to ten spaces, when he thought it was originally less. Kevin Hansen, Public Works Director, said they are counting spaces on both sides of the street. MOTION: Move to approve up to ten temporary handicap parking spaces on Jackson Street, annually, the first weekend of August, between the parking lot entrances to Immaculate Conception Church from the Wednesday prior to Fun Fest at Immaculate Conception Church until the Tuesday after. Establish a Hearing Date of July 12, 2004, for Revocation or Suspension of Rental Property License at 1019 37th Avenue N.E. and 4147 Washington Street N.E. MOTION: Move to establish a hearing date of July 12, 2004, for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against Erika Thorn at 1019 37th Avenue N.E. MOTION: Move to establish a hearing date of July 12, 2004, for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against Larry Wakeman at 4147 Washington Street N.E. Authorize Final Change Order No. 1 to the Zone 6A Street Rehabilitation Ci_ty Project 0202 and Accept Work for Same and Authorize Final Payment to Park Construction Company Nawrocki questioned the quality of the base material and asked if soil testing is done before the project. Kevin Hansen, Public Works Director, stated that a visual inspection is done before the project. Actual soil testing is done during construction. In this project, additional excavation was required. He further explained that there are different materials at an intersection compared to 200 feet down the street. The area referred to is Zone 6A, City Council Minutes June 28, 2004 Page 3 of 19 42nd and 44th, Jackson and VanBuren to 40th and 7th Street from 42nd to 44th. It was noted that this project is two years old. This was for remediating work; settling of street, and final clean up issues. MOTION: Move to authorize final Change Order No. 1 for additional work subgrade and common excavation, granular borrow and aggregate base materials, as well as additional sidewalk replacement to the Zone 6A Street Rehabilitation, City Project 0202 to Park Construction Company in the amount of $22,214.30 to be funded out of the PIR Fund, or Assessments ($11,107.15) and the Infrastructure Fund ($11,107.15). MOTION: Move to accept the work for 2002 Street Rehabilitation Projects in Zone 6A, City Project Number 0202 and authorize final payment of $113,028.55 to Park Construction Company of Minneapolis, Minnesota. Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for June 28, 2004, as presented. Approve Payment of Bills MOTION: Move to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 108841 through 109035 in the amount of $970,549.78. Nawrocki stated there are several consultant payments listed--he would like a list of consultant contracts we have and are using, how much the original contracts were supposed to be for, and what they are for. He also requested information on the study done on Huset Park. The following item was added to the consent agenda: Approve Joint Meeting with the School Board at 7 p.m. regarding results of the survey from Decision Resources, Inc. Nawrocki asked if we got a copy of the final survey results yet. The City Manager stated we would get those tomorrow night at the joint meeting. The city is paying half of the survey costs. The School Board is requesting the council attend tomorrow night. MOTION: To approve the special joint meeting of the Columbia Heights School Board and the Columbia Heights City Council to discuss results of the Columbia Heights City/School Residential Survey conducted by Decision Resources, Ltd. on Tuesday, June 29, 2004, at 7:00 p.m. at the Family Center Community Room, 1460 49th Avenue N.E., Columbia Heights. The following items were removed from consent and discussed at this time: Establish Work Session Meeting Date for Tuesday, July 6, 2004, at 7:00 p.m. The City Manager explained there are no items for this work session agenda. Instead, he stated, he would like to set two goal setting sessions with facilitator Don Salverda, the city council, and the division heads on th Wednesday, July 7 , at 7 p.m. at Murzyn Hall. The City Manager explained that Mr. Salverda has facilitated a similar type of meeting with the division heads and city council members in the past. Mr. Salverda is an ex- councilmember and ex-police officer. Nawrocki stated he is not in favor of having this meeting with Mr. Salverda--it is a waste of money. He asked what the cost would be ($2,000 plus expenses), and if this was budgeted for. The City Manager stated it was. Nawrocki stated maybe Salverda should re-consider his proposal at 4/5 the price. He again stated we don't need an outside consultant to do this. We could use two nights to delve into the budget ourselves. He also City Council Minutes June 28, 2004 Page 4 of 19 stated that the League of Minnesota Cities has programs and facilitators we could use, and he felt it would not cost this much. There are other resources available on how to best utilize the resources we have to meet whatever budget goals we want. We need a more meaningful approach to handling the budget situation. Williams stated there could be a change in the complexion of the council in just a few months, and that should be considered. The City Manager again explained that we have $9 million worth of budget to discuss, and we should use Salverda as a mediator to assist us in setting goals as a team. He acknowledged the composition of the council could change in a few months. However, some cities have goal setting sessions every year. We need to exercise judgement on the budget. Two million out of a $8.5 million budget will be lost due to Local Government Aid cuts. Wyckoff stated we need to elaborate on ideas the division heads had and possibly consolidate services with other cities. Salverda could give us ideas. She is interested in such a goal setting session, but stated she would not be available the week of July 13th for a second session. Ericson stated she has spoke with another city who used Salverda in a goal setting session, and they were most pleased with him as a facilitator. Motion by Kelzenberg, seconded by Ericson, to hold a goal setting meeting with Don Salverda at a cost not to exceed $2,000 (plus expenditures) for a meeting on July 7, 2004, at 7 p.m. at Murzyn Hall. Roll call vote: Ayes: Ericson, Kelzenberg, Williams, Wyckoff; Nayes: Nawrocki. Motion passed. Designate Molan Terrace Cul-de-sac as "No Parking" The Mayor asked to have this item removed from the consent agenda. Howard Seim, 1425 Molan Terrace, spoke on this issue. This issue has been before the Traffic Commission two times. Molan Terrace is a small cul-de-sac with a 30 foot radius. He stated this is a safety and traffic issue. The parking on the street is not an issue. Deb Johnson, 41st Avenue, stated parking conditions are bad all over near the parks. Motion by Nawrocki, seconded by Kelzenberg to designate the cul-de-sac east of 1425 and 1440 Molan Terrace as "No Parking" based on staff reconnnendation and pending recommendation by the Traffic Commission. Motion passed unanimously. Adopt Resolution No. 2004-36, Being a Resolution Concerning the Commencement of Renewal Proceedings Under the Cable Communications Policy Act of 1984, as Amended Nawrocki asked to have this item removed from the consent agenda. Steve Guzzetta from the law offices of Creighton, Bradley, and Guzzeta spoke briefly about the renewal process. The Comcast contract renewal comes up the end of 2006, and we start the renewal process now. The City needs to commence the renewal process by passing this resolution to bring the city into compliance with federal law. Nawrocki asked Guzzetta to briefly summarize what we are really doing here in renewing the franchise. Guzzetta stated we entered into a cable contract with Comcast's predecessor in 1990, which is good until November 9, 2006. Comcast uses the city's right of way to provide cable service to the citizens of Columbia Heights. Every so often, the franchise is up for renewal. Federal law sets out a process for which that decision is guided. Guzzetta explained there is the contract negotiation process (part of the informal process), and more City Council Minutes June 28, 2004 Page 5 of 19 steps and processes then follow (the formal process). Both the informal and formal renewal process can occur concurrently. It was reiterated that Comcast does not have an exclusive franchise with the City. The first step in the whole process is to assess the needs and interests of the community. It would be a good time to receive suggestions for different stations, but specific programming cannot be dictated. Bobby Williams asked who he should contact about Comcast complaints. Complaints should be referred to Linda Magee or Jean Kuehn, and they are referred to Kathi Donnelly-Cohen, Director of Government Relations for Comcast. Nawrocki stated federal law limits us from what we can require from Comcast; people that do have concerns should call anyone on the council or city staff about this. Kathi Donnelly-Cohen of Comcast described the two processes (fonual and informal). She stated Comcast has had a good relationship with the city and hopes to continue this relationship. She again reiterated that if anyone has any cable concerns, they should contact Linda or Jean. The Mayor stated she gets so much mail from Comcast. She asked if someone from Comcast could come on our cable show and explain analog boxes and digital boxes and other issues. Kathi stated in 2006, all analog boxes will go away. You can hook up your computer to their Internet service. A third product available from Comcast is a digital telephone, which goes directly into your telephone wiring in your house. Nawrocki stated Kathi Donnelly-Cohen has been very good about taking care of complaints very promptly. MOTION by Nawrocki, seconded by Williams to waive the reading of the resolution, there being ample copies available to the public. Motion passed unanimously. MOTION by Nawrocki, seconded by Williams to adopt Resolution No. 2004-36, being a resolution concerning the commencement of renewal proceedings under the Cable Communications Policy Act of 1984, as amended. RESOLUTION NO. 2004-36 A RESOLUTION CONCERNING THE COMMENCEMENT OF RENEWAL PROCEEDINGS UNDER THE FEDERAL CABLE COMMUNICATIONS POLICY ACT OF 1984, AS AMENDED WHEREAS, the City of Columbia Heights, Minnesota, ("City") adopted Ordinance No. 1202, amending Ordinance No. 853 (collectively, the Cable Communications Franchise Ordinance set forth in Chapter 11 of the City Code ("Franchise Ordinance")) on or about June 25, 1990, authorizing Teleprompter of Columbia Heights/Hilltop, Inc. d/b/a Cable T.V. North Central to construct, operate and maintain a cable system within the territorial limits of the City ("Franchise"); and WHEREAS, as a result of several transfers of the Franchise, Comcast of Minnesota, Inc. ("Comcast") is the current holder and owner of the Franchise; and WHEREAS, by the terms of the Franchise Ordinance, the Franchise is scheduled to expire on November 9, 2006; and WHEREAS, by letter dated February 3, 2004, from Comcast to the City, Comcast invoked the formal renewal procedure set forth in Section 626 of the Cable Communications Policy Act of 1984, as amended, 47 U.S.C. § 546 (the "Cable Act"); and City Council Minutes June 28, 2004 P age 6 o£ 19 WHEREAS, Section 626(a)(1) of the Cable Act, 47 U.S.C. § 546(a)(1), provides that if an appropriate written renewal request is submitted by the cable operator during the 6-month period which begins with the 36th month before franchise expiration and ends with the 30th month prior to franchise expiration, a franchising authority shall, within six months of the request, commence a proceeding to identify the future cable-related community needs and interests, and to review the performance of the cable operator under the franchise during the then current franchise term; and WHEREAS, the City is desirous of commencing the renewal proceedings specified in Section 626(a)(1) of the Cable Act, 47 U.S.C. § 546(a)(1) and, at the same time, of also considering the possibility of pursuing the informal renewal process with Comcast pursuant to Section 626(h) of the Cable Act, 47 U.S.C. § 546(h); and WHEREAS, the City must provide the public with notice of, and an opportunity to participate in, proceedings under Section 626(a) of the Cable Act, and such proceedings may involve the collection and analysis of information from Comcast, City agencies and departments, the public and other interested parties and may require one or more public hearings; and WHEREAS, the City desires that the proceedings under Section 626(a) of the Cable Act be managed and conducted by the City Manager, or his designee; and WHEREAS, the City intends to authorize the City Manager, or his designee, to take any and all steps required or desired to comply with the requirements of the Cable Act and the Franchise Ordinance. NOW, THEREFORE, the following is resolved: Section 1. That the City hereby commences formal franchise renewal ascertainment and past performance proceedings under Section 626(a)(1) of the Cable Act, 47 U.S.C. § 546(a)(1), concerning Comcast. Section 2. That the City Manager, or his designee, is authorized to manage and conduct proceedings in accordance with Section 626(a)(1) of the Cable Act, 47 U.S.C. § 546(a)(1), and to take all steps and actions necessary or desired to conduct such proceedings and to comply with applicable law. Section 3. That the City Manager, or his designee, may explore with Comcast the possibility of pursuing the informal renewal process under Section 626(h) of the Cable Act, 47 U.S.C. § 546(h). If the City and Comcast decide to utilize the informal renewal process, the City Manager, or his designee, is authorized to negotiate with Comcast concerning matters relating to the renewal of the Franchise. Section 4. That the City Manager, or his designee, shall provide the public with notice of, and an opportunity to participate in, proceedings conducted under Section 626(a)(1) of the Cable Act, 47 U.S.C. § 546(a)(1). Section 5. That the City Manager, or his designee, may establish procedures and dates for the conduct of any hearings related to the Section 626(a) proceedings and may establish procedures and dates for the submission of testimony and other information in connection with the proceeding. Section 6. That the City Manager, or his designee, is authorized to request Comcast to submit such information as may be deemed appropriate in connection with the Section City Council Minutes June 28, 2004 Page 7 of 19 626(a) proceedings, to gather such other information from other persons or sources as may be deemed appropriate, and to take such further steps as may be needed or desired to ensure the City's and the public's interests are fully protected. Section 7. That the City reserves, to the full extent permitted by law, all of its rights with respect to determining whether to renew the Franchise. Section 8. That the City Manager, or its designee, shall keep the City Council fully apprised of the status and progress of franchise renewal proceedings and negotiations. Passed this __ day of ., 2004. PUBLIC HEARINGS First Reading of Ordinance No. 1472, Being an Ordinance Prohibiting Surface Drainage Connections and Discharge into the City of Columbia Heights Sanitary Sewer System Kevin Hansen, Public Works Director, stated an Inflow and Infiltration study was done in 1983 which identified two areas in town to start on and stated several other recormuendations. The main problem is to get rid of inflow sources into the sanitary sewer by establishing a sump pump disconnection program. Areas to target were 47th Avenue to the north, 42nd on the south, Central Avenue to Reservoir Boulevard with 880 parcels in it. Area 13 had excessive inflow in that area. The area near the lift station should also be included. Mayor Wyckoff asked if this would cover certain parcels--not the entire city? The ordinance applies to the entire city. Inspections will be done by our trained staff. We would look at these two areas mentioned above to make a positive impact on the problem. Inspections can be done one of two ways: by a licensed plumber or city staff that signs off that there are no illegal cross connections. The Mayor had questions on the "Incentive" and "Surcharge" paragraphs. It was noted that the financial incentives go away after 2006. She was concerned on how the city was going to get into all those properties by 2004. If we are not allowed to do an inspection, a resident could hire a plumber and have them perform that inspection. Physical inspections must be done; you cannot tell from the street. Charge $100 after "x" number of attempts have been made to do the inspection. If access is not allowed or they don't hire a plumber, we will assess the surcharge fee. The sump pump disconnect is a visual inspection only. Williams noted we are offering $500 and asked what other cities are offering. The Public Works Director noted some cities give financial assistance; most did not. It is a council decision if you want to do that. Twenty-two cities were asked; only two offered financial assistance. Nawrocki stated he is waiting for list of problems reported to us-- street sewer lines that have been plugged. We need to educate the public on the problems for several months, and inform them that we would help them correct the problem. He disagreed with how we plan to enforce the penalty, and it seemed to him bills sent out in August could accrue penalties already. There seems to be a more reasonable way to offer a program to educate them--don't use a strong arm approach. We should emphasize consequences and be user-friendly. The Mayor stated it's been in the city newsletter, discussed at several council meetings, and has on the cable. We have been educating the public all along. She suggested we change the surcharge date (six months later or whatever or 2005) until the program has been established. Ericson stated we want to have something to enforce--to have the right to inspect. If corrections are made in the first six months, offer a $500 incentive and no penalty, which is certainly a user friendly approach. City Council Minutes June 28, 2004 Page 8 of 19 Williams stated he felt this was a good approach and did not feel it was using a "strong arm" approach. The council was advised that Moundsview has adopted a similar program; Minneapolis has such an ordinance but does not have an active enforcement program. It was noted, that in order to get the insurance, we must clean the lines in reasonable timeframes. Also passing this ordinance is another way to get the insurance. MOTION by Ericson, seconded by Williams, to waive the reading of Ordinance No. 1472, there being ample copies available to the public. Ayes: Ericson, Kelzenberg, Williams, Wyckoff; Abstain: Nawrocki MOTION by Ericson, seconded by Williams, to set the second reading of Ordinance No. 1472, being an ordinance prohibiting surface drainage connections and discharge into the City of Columbia Heights sanitary sewer system with the change of date in the surcharge to January 1, 2005, for July 12, 2004, at approximately 7 p.m. in the Council Chambers. Ayes: Ericson, Kelzenberg, Nawrocki (but reserves his right to oppose the ordinance the next time),Williams, Wyckoff ORDINANCE NO. 1472 BEING AN ORDINANCE PROHIBITING SURFA CE DRAINA GE CONNECTIONS AND DISCHARGES INTO THE CITY OF COLUMBIA HEIGHTS SANITARY SEVFER SYSTEM The City of Columbia Heights does hereby establish Chapter 8, Article VIII of the City Code to read as follows: 8.801 Purpose: The purpose of this ordinance is to implement regulations that will aid the City in limiting and reducing the inflow of rainwater (or clear water) into the sanitary sewer system. The ordinance will be utilized to minimize the overflow problem resulting from the lack of capacity of the sanitary sewer system to handle large amounts of rainwater. Other sources of inflow and infiltration are discharges of water from rooftops; surface water, groundwater sump pumps, footing tiles, swimming pools, or other natural precipitation sources that may flow into the city sewer system and potentially cause flooding or overloading of the City's sewage system. When clear water is discharged into the sanitary sewer system it is treated at the sewage treatment plant. This results in added expenses for the City. The City of Columbia Heights, therefore, finds it in the best interest of the city to prohibit such discharges into the sanitary sewer system in order to protect and maintain the health and property of its residents. 8.802 Definitions: Area Drain- is a receptacle designed to collect and convey surface or storm water to the drainage system. Clearwater- is any surface flow, runoff, and drainage that does not contain any hazardous substance or sewage. This includes, but is not limited to, NPDES permitted discharges, storm water and water from foundation and footing drains and basement sump pumps. Combined Sewer- is a sewer that must handle flow of both sanitary wastewater and storm water in a single pipeline. Combined Sewer Overflow (CSO)- occurs when excessive amounts of rainfall enter a sanitary sewer system. The result is a volume of rainwater and sanitary wastewater, which exceeds the system's capacity. Combined rainwater and sewage is forced to overflow into area streams and rivers through City Council Minutes June 28, 2004 Page 9 of 19 out falls. Hazardous Substances- are materials which may cause or contribute to a substantial hazard to human health, safety, property or the environment based upon its quantity, concentration, physical, chemical, or infectious nature. These may include: (1) Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas. (2) Any waters containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, or create any hazard in the receiving waters or the wastewater treatment plant. (3) Any waters or wastes having a pH lower than 5.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the wastewater works. Liquid Waste- means the discharge from any fixture, appliance, or appurtenance that does not receive fecal matter. Owner- shall mean the person who is listed as property owner or taxpayer by Anoka County. Runoff- precipitation and other surface drainage that is not infiltrated into or otherwise retained by the soil, concrete, asphalt, or other surface upon which it falls. Sanitary Sewer System- pipelines, pumping stations, force mains, and all other construction devices, and mechanical devices used for conveying sewage or industrial waste or other wastes to a point of ultimate disposal. Storm Water- is any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation. 8.803 Compliance: Compliance with other Codes and Laws. Compliance with the provisions of this chapter does not release a person from any responsibility to comply with any other law or regulation, whether federal, state, or local. Conflict. In the event that the provisions of the chapter shall conflict with any Minnesota statue or any federal statute, the Minnesota statute or federal statute shall govern to the extent of any direct conflict Violations. Any person who violated any provision of this chapter shall be guilty of an ordinance violation and subject to punishment and penalties identified elsewhere in this ordinance. 8.804 Prohibited Discharges: Prohibited Discharges. No clear water from any roof, surface, groundwater, sump pump, footing tile, swimming pool, other buildings or structures which require, because of infiltration of water into basements, crawl spaces, and the like, a sump pump discharge system shall have a permanently installed discharge line which shall not at any time discharge water into the sanitary sewer system. No person shall discharge or cause to be discharged hazardous substances to any public sewers. Disconnection. Before August 1, 2004, any person having a yard drain, roof surface, tile, or swimming pool now connected and/or discharging into the sanitary sewer system shall be disconnected or removed. Any disconnects or openings in the sanitary sewer system shall be closed or repaired in an effective, City Council Minutes June 28, 2004 Page 10 of 19 workmanlike manner, as approved by the Public Works Director or his designated agent. Sump pumps shall not be connected to the sanitary sewer. Prior to the closing of the sale of a dwelling, the seller must request that the sump pumps and drain tiled be inspected by the City visually and/or by smoking to ensure that they are not connected in any manner to the sanitary sewer system. If the City determines that the sump pump or drain tile is illegally connected to the sanitary sewer system, the situation must be corrected before the unit is considered in compliance to be sold. Manner of Disconnection. The disconnection shall be accomplished by a complete and permanent method and performed in a competent manner. Any disconnection, plugging, capping, rerouting, altering, or modifying must be done is accordance with all applicable state and city building codes. A permanent installation shall be one which provides for year round discharge capability to either the outside of the dwelling, building, or structure, or is connected to city storm sewer or discharge through the curb and gutter to the street. It shall consist of a rigid discharge line, without valving or quick connections for altering the path of discharge, and if connected to the city storm sewer line, shall include a check valve and air gap located in a small diameter structure. 8.805 Inspections: Inspection. Every person owning improved real estate that discharges into the City of Columbia Heights sanitary sewer system shall allow a city employee or a designated representative of the city to inspect the building to confirm that there is no sump pump or other prohibited discharges into the sanitary system. In lieu of having the city inspect their property before the sale of a dwelling, the property owner may furnish a certificate from a licensed plumber certifying that the property is in compliance with this section. Any person refusing to allow their property to be inspected or refusing to furnish a plumber's certificate within twenty-one (21) days of the date City employee(s) or their designated representatives are denied admittance to the property, shall immediately become subject to the surcharge hereinafter provided for. Any property found to violate this ordinance shall make the necessary changes to comply with ordinance and furnish proof of the changes to the City. New Construction. All new dwellings that are permitted to install a sump pump after June 1, 2004, shall have a pump that is piped to the outside of the dwelling before a certificate of occupancy is issued. New homes will be required to have their sump pump system inspected within (30) days of occupancy and a certificate of compliance must be completed before the property owner may occupy the property. Incentive. There are a number of methods to dispose of sump pump effluent. Any property which has an existing illegal connection may apply for financial assistance by requesting a City inspector to verify the illegal connection, have the repair completion verified and submit a receipt for labor and/or materials (self help labor rate valued at $50). Upon verification of the corrective action and costs, the City will remit to the property owner the cost to correct the illegal connection to a maximum of $500 per installation. The property owner may petition the City to abate the problem and assess the property owner's cost for the corrective work over a 1-year period. This incentive program is in effect until December 31, 2006. Surcharge. A surcharge of $100.00 per month is hereby imposed on every sewer bill mailed on an after August 1, 2004 to property owners who are not found to be in compliance with this section or who have refused to allow the city to inspect the property. The surcharge will be added to the property owner's utility billing until the property is found to be in compliance. City Council Minutes June 28, 2004 Page I 1 of 19 Penalties. (a) Any person found to be violating any provision of this ordinance shall be served by the City with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. (b) In the event that the owner fails to correct the situation within the given time period, the City may correct it and collect all such costs together with reasonable attorney fees, or in the alternative, by certifying said costs of correction as any other special assessment upon the land from which said correction of said violation was made. Winter Discharge. The City Manager and his/her designee shall issue a permit to allow a property owner to discharge surface water into the sanitary sewer system. The permit shall authorize such discharge only from November 1st to March 30th of each year and a property owner is required to meet at least one of the following criteria in order to obtain a permit: The freezing of the surface water discharge from sump pump or footing drain is causing a dangerous condition, such as ice buildup or flooding, on public or private property. The property owner has demonstrated that there is a danger that the sump pump or footing drain pipes will freeze up and result in either failure or damage to sump pump unit of the footing drain and cause basement flooding. The water being discharged from the sump pump or footing drain cannot be readily discharged into a storm drain or other acceptable drainage system. Following ten days written notice and an opportunity to be heard, the City Manager may require a property to discharge their sump pump into the sanitary sewer from November 1st to March 30th, if surface water discharge is causing an icy condition on streets. Disclaimer. The City of Columbia Heights does not guarantee or imply that areas will be free from flooding or flood damages caused by inflow and infiltration. The City does not assume a specific duty as to individual property owners to enforce this ordinance, but is enacting the ordinance as a general regulation. This ordinance shall not create liability on the part of the city or its offices or employees for any flood damage that may result from failure to comply with any portion of this ordinance or any administrative decisions made pursuant thereto, whatever the cause. Effective Date. This ordinance shall be in full force and effect from and after thirty days (30) after its passage. Second Reading of Ordinance No. 1470 being an Ordinance amending Ordinance No. 853, Ci_ty Code of 1977, Being an Ordinance Regarding Zoning and Development - Park Dedication The original ordinance wording used 10% park land dedication or a cash equivalent of 10% of the estimated value of the land. The new language looks at revising that language to a cash equivalent for parks mutually agreed upon representing 10% of the market value of the land prior to development at the time of the preliminary plat or a combination of an area and cash contribution totalling a 10% park dedication contribution. This will provide some flexibility for the Planning and Zoning Commission to set some combination that they so decide. Nawrocki questioned if the park dedication amount could be higher or lower than $1,000. It is based on the value of the property. MOTION by Kelzenberg, seconded by Ericson, to waive the reading of Ordinance No. 1470, there being ample copies available to the public. Motion passed unanimously. City Council Minutes June 28, 2004 Page 12 of 19 MOTION by Kelzenberg, seconded by Ericson, to adopt Ordinance No. 1470, being an Ordinance amending Ordinance No. 853, City Code of 1977, pertaining to Zoning and Development-Park Dedication. Motion passed unanimously. ORDINANCE NO. 1470 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO ZONING AND DEVELOPMENT-PARK DEDICATION Chapter 9, Section 14, Subdivision 3, Subsection (5), which currently reads as follows to-wit: (5) Park dedication. For any development or redevelopment where a subdivision or re-subdivision of property occurs which creates additional parcels, the resulting contribution shall require either ten (10) percent land dedication for parks, or the cash equivalent often (10) percent of the estimate of improvements. The City Council shall determine which measure is most appropriate. is hereby amended to read as follows, to-wit: (5) Park dedication. It is deemed necessary and consistent with sound City planning to provide in each new proposed plat or subdivision, areas for future development of park and recreational purposes. Each plat shall hereafter provide for a dedication to the municipality, an area not less than ten percent (10%) of the total proposed area to be subdivided. (a) Such area shall consist of developable and usable land and shall be located so as to serve the present and future needs of the community for recreational or park purposes. (b) The Planning Commission and the Council shall consider the proposed location in relation to existing or contemplated recreational and park sites in other parts of the community and as to the suitability in meeting the requirements of the "City Comprehensive Plan". (c) The following properties shall not be accepted for purposes of the owner's compliance with subdivisions 5(a) or 5(b) above: i. land dedicated or obtained as easements for storm water retention, drainage, roadway and other utility purposes; (d) This requirement may be waived and/or modified by the Council, after recommendation by the Planning Commission, for one of the following reasons: The enforcement of this provision would act as an extreme hardship to the property owner, because of the size of the tract involved, the topography of the land (zoning areas involved) or the Owner has already dedicated comparable areas in other subdivisions in the City. ii. The Owner contributes a cash equivalent to the City for the "Parks Capital Improvement Fund" of the City. A cash equivalent shall be a sum mutually agreed upon representing 10% of the market value of the tract in an under- developed state on the date the preliminary plat is presented to the City. City Council Minutes June 28, 2004 Page 13 of 19 (e) The City, at its sole discretion, may consider a combination of an area dedication and cash Contribution to total the 10 percent park dedication contribution. This Ordinance shall be in full force and effect from and after thirty days (30) after its passage. First Reading: June 14, 2004 Second Reading: June 28, 2004 Date of Passage: June 28, 2004 Public Heating called for Revocation/Suspension of Rental Housing License at 1207-09 Circle Terrace Blvd. N.E. Nawrocki stated that he noticed there are still weeds and trash at this residence. The City Attorney stated that the compliance order items may have all been corrected. There may be new issues that were not included in the original compliance order. The Mayor moved to close the Public Hearing regarding the revocation or suspension of the rental license held by Joe Tohey regarding rental property at 1207-09 Circle Terrace Blvd. N.E., in that the violations on the property have been corrected. ITEMS FOR CONSIDERATION Other Ordinances and Resolutions Approve Resolution Providing 2005 Budget Preparation Guidelines, Adopting a Proposed Maximum Budget, and Setting the Proposed Maximum Ci_ty Levy for 2005 The City Manager stated that we are going to lose another $544,726 in Local Government Aid in 2005. We may possibly obtain about another $1 million if the Governor goes by the letter of the law and he does not call a special session. However, at this time, we do not know if the city will receive those monies or not. The city needs to lock expenditures for the next three years (2005-2007) and cut $338,380 next year. Bill Elrite, Finance Director, stated that in the first resolution, lost revenue could be raised through increases in property taxes (approximately 14% in 2005; 7 1/2% in 2006; and 5% in 2007). The original resolution allows more flexibility and can be reduced in the final levy adoption. The alternate resolution would be to increase property taxes approximately 9% for 2005, 2006, and 2007. Nawrocki stated that acting on this budget tonight is premature. Based on past council actions, there will not be a serious effort to make reductions in the budget after it is set. He feels we should wait and see about the special legislative session and if one is called or not. We need to live within our means. The Mayor questioned why do we need to pass these guidelines. The City Manager stated we need to set guidelines for the staffto follow. The Finance Director stated that we must have a resolution certifying our preliminary budget to the county by September 15, 2004. The Mayor suggested that we hold action on this item until we meet with Don Salverda and see what we are going to get from the state for sure. Williams stated we need to look at user fees. Using monies from the fund balances should be our last resort. We need to increase charges for services or the citizens need to tell us what you want to cut. Also need to review survey results from Decision Resources. We have a diverse community and seniors. He would like to see a comparison of city taxes. Nawrocki stated that city property taxes are among the highest. The median household income is among the lowest in the metro area. City Council Minutes June 28, 2004 Page 14 of 19 MOTION by Wyckoff, seconded by Ericson, to table this issue. Motion passed unanimously. The following are the two resolutions which were presented to the council but were tabled: RESOLUTION NO. 2004-29 RESOLUTION PROVIDING 2005 BUDGET PREPARATION GUIDELINES, ADOPTING A PROPOSED MAXIMUM BUDGET, AND SETTING THE PROPOSED MAXIMUM CITY LEVY FOR 2005 WHEREAS, the State of Minnesota legislature has adopted legislation that significantly reduces state aid to the City of Columbia Heights; and WHEREAS, it is the goal of the City Council to maintain city services to residents without impairment from the state aid cuts; and WHEREAS, it is the goal of the City Council to maintain low property taxes on property in Columbia Heights; NOW, THEREFORE, BE IT RESOLVED that the City Manager is instructed to prepare the 2005 budget utilizing the same total level for tax-supported funds as the 2004 budget; and BE IT FURTHER RESOLVED that the proposed budget for the City of Columbia Heights for the year 2005 is hereby set at the same level as the 2004 budget and is not exceed the following appropriations for each fund as listed below: General Fund $ 8,232,617 EDA $ 222,648 Library $ 631,271 BE IT FURTHER RESOLVED that the only increase in the proposed property tax levy, collectible in 2005, upon the taxable property in the City of Columbia Heights shall be the amount of lost state aid and shall be set at the following amounts: 2004 Adopted Levy Estimated 2005 Aid Loss Proposed 2005 Levy $ 5,447,260 $ 544,726 $ 5,991,983 BE IT FURTHER RESOLVED that the county auditor is authorized to fix a property tax rate for taxes payable in the year 2005 that is higher than the tax rate calculated for the city for taxes levied in 2003, collectible in 2004. The City Clerk is hereby instructed to transmit a certified copy of this resolution to the county auditor of Anoka County, Minnesota. Passed this __. day of ., 2004 City Council Minutes June 28, 2004 Page 15 of 19 ALTERNATE RESOLUTION NO. 2004-29 RESOLUTION PROVIDING 2005 BUDGET PREPARATION GUIDELINES, ADOPTING A PROPOSED MAXIMUM BUDGET, AND SETTING TI-W~ PROPOSED MAXIMUM CITY LEVY FOR 2005 WHEREAS, the State of Minnesota legislature has adopted legislation that significantly reduces state aid to the City of Columbia Heights; and WHEREAS, it is the goal of the City Council to maintain city services to residents without impairment from the state aid cuts; and WHEREAS, it is the goal of the City Council to maintain low property taxes on property in Columbia Heights; NOW, THEREFORE, BE IT RESOLVED that the City Manager is instructed to prepare the 2005 budget utilizing the same total level for tax-supported funds as the 2004 budget; and BE IT FURTHER RESOLVED that the proposed budget for the City of Columbia Heights for the year 2005 is hereby set at the same level as the 2004 budget and is not exceed the following appropriations for each fund as listed below: General Fund $ 8,232,617 EDA $ 222,648 Library $ 631,271 BE IT FURTHER RESOLVED that it is the goal of the City Council to generate new revenue and hold the property tax increase to single-digit inflation, and that the only increase in the proposed property tax levy, collectible in 2005, upon the taxable property in the City of Columbia Heights, shall be to make up a portion of lost state aid and shall be set at the following amounts: 2004 Adopted Levy Estimated 2005 Aid Loss Total Less: New Revenue of Fund Balance Proposed Levy $ 5,447,260 $ 544,726 $ 5,991,983 $ (200,000) $ 5,791,983 BE IT FURTHER RESOLVED that the county auditor is authorized to fix a property tax rate for taxes payable in the year 2005 that is higher than the tax rate calculated for the city for taxes levied in 2003, collectible in 2004. The City Clerk is hereby instructed to transmit a certified copy of this resolution to the county auditor of Anoka County, Mim~esota. Passed this day of ,2004 Approve Resolution to Modify_ Downtown Central Business District, Establish Huset Park Area TIF District, and Adopt Proposed TIF Plan Nawrocki stated he went to the Development Project meeting and felt it was good for the majority of the people. He questioned what we were doing, if anything, for those companies who will have to move out of the industrial area. Regarding the housing proposed for this area, he suggested that guest parking issues be evaluated, as well as the quality of the siding used on the properties. He questioned setting the TIF public City Council Minutes June 28, 2004 Page 16 o£ 19 hearing without knowing how much TIF will be necessary. We need more information about what is going to happen. Williams stated that Sharer Richardson has some good ideas. Nawrocki again questioned how do we let people know what is going on. Discussions have been/will be held at the Planning and Zoning Commission level and at the EDA meetings. The maximum amount of TIF will be decided in August. The industrial area is underutilized. The City Manager reviewed two of the goals and missions of the council: To continue to improve the physical appearance of the city's commercial and industrial areas. To increase the city's commercial and industrial tax base. MOTION by Ericson, seconded by Williams, to adopt Resolution 2004-34, a resolution calling for a Public Hearing on August 9, 2004, at approximately 7:00 pm for the proposed adoption of a modification to the Downtown Central Business District, the proposed establishment of the Huset Park Area TIF District, and the proposed adoption of a TIF Plan. MOTION by Nawrocki to table this item until such time as a TIF plan is brought forward. Motion died for lack of a second. Roll call vote on the first motion: Ayes: Ericson, Kelzenberg, Williams, Wyckoff; Nayes: Nawrocki. CITY OF COLUMBIA HEIGHTS CO UNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 2004-34 RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY COUNCIL ON THE PROPOSED ADOPTION OF A MODIFICATION TO THE DOWNTOWN CENTRAL BUSINESS DISTRICT (CBD) REVITALIZATION PLAN FOR THE CBD REDEVELOPMENT PROJECT, THE PROPOSED ESTABLISHMENT OF THE HUSET PARK AREA TAX INCREMENT FINANCING DISTRICT, AND THE ADOPTION OF A TAX INCREMENT FINANCING PLAN THEREFOR. BE IT RESOLVED by the City Council (the "Council") for the City of Columbia Heights, Minnesota (the "City"), as follows: Section 1. Public Hearing. This Council shall meet on August 9, 2004, at approximately 7:00 P.M., to hold a public hearing on the proposed adoption of a Modification to the Downtown CBD Revitalization Plan for the CBD Redevelopment Project (the "Revitalization Plan Modification"), the proposed establishment of the Huset Park Area Tax Increment Financing District (a redevelopment district), and the proposed adoption of a Tax Increment Financing Plan (the "TIF Plan") therefor (the Revitalization Plan Modification, and TIF Plan are refen'ed to collectively herein as the "Plans"), all pursuant to and in accordance with Minnesota Statutes, Sections 469.124 to 469.134, and Sections 469.174 to 469.1799, inclusive, as amended, in an effort to encourage the development and redevelopment of certain designated areas within the City; and Section 2. Notice of Public Hearing, Filing of the Plans. City staff is authorized and directed to work with Ehlers & Associates, Inc., to prepare the Plans and to forward documents to the appropriate taxing City Council Minutes June 28, 2004 Page 17 of 19 jurisdictions including Anoka County and Columbia Heights School District No. 13. The City Clerk is authorized and directed to cause notice of the hearing, together with an appropriate map as required by law, to be published at least once in the official newspaper of the City not later than 10, nor more than 30, days prior to August 9, 2004, and to place a copy of the Plans on file in the Economic Development Coordinator's office at City Hall and to make such copy available for inspection by the public. Dated: June 28, 2004 Bid Considerations--None. Other Business Appointment to Planning and Zoning Commission MOTION by Williams, seconded by Nawrocki to appoint Mike Peterson to the Planning and Zoning Commission for the remainder of the term to expire April, 2006. Roll call vote: Nayes: Ericson, Kelzenberg, Wyckoff; Ayes: Nawrocki, Williams. Motion defeated. The Mayor stated we had two excellent candidates for the opening on the Planning and Zoning Commission. The other candidate was Rob Fiorendino. MOTION by Ericson, seconded by Kelzenberg to appoint Rob Fiorendino to the Planning and Zoning Commission for the remainder of the term to expire April, 2006. Motion passed unanimously. The Mayor asked the Secretary Pro Tem to contact Mr. Fiorendino about his appointment to the Planning and Zoning Commission. Setting Limits on Rental Units in the City Earlier in the meeting, Nawrocki had asked that this item be put on the agenda for discussion. He stated that the city has and is planning senior market rate housing. Maybe the city should be considering a limit on the amount of rental housing that we allow in the community. He would like facts and figures on our current rental housing stock to take back to the Planning and Zoning Commission. ADMINISTRATIVE REPORTS Report of the Ci_ty Manager The Mayor stated she has written a letter regarding our interest and support of a project in the area of 37th and University, for a Kroc Center; copies of which were provided to the council tonight. The City Manager provided to the council a copy of the June, 2004, Minnesota Real Estate Journal article about "Central Avenue Key to Columbia Heights Redevelopment". Report of the CiW Attorney Administrative tags: Legislation did not act on it. The city still continues to issue them for code violations. For traffic citations, it is an issue--could be litigated. Duluth has been dead set on doing them. The City of Worthington has been using that ordinance. White Bear Lake has too, and they have a condition in their city audit. It was someone in the Attorney General's office that made that opinion, not the Attorney General. More information could be provided for our council, and they can decide what to do. The average speeding ticket is $107; the first $60 goes to the state, and then there is $40 left. The city gets 1/3 of the $40. Thus, on an average speeding ticket, we get $13.33. We are losing money for every ticket written. But that is the status of the system. Municipal governments aren't making money off of those kinds of tickets. If we can write administrative tickets, they are reasonable but not all the revenue is to the city. We need to be City Council Minutes June 28, 2004 Page 18 of 19 able to recover our costs. The state is losing revenue. We do get some kickback from the state for training. Nawrocki asked about the following properties: 3906 3906 ½ Reservoir: Is it a duplex or a quad or what? Egress window in lower level? He noted on the south side there are at least three dryer vents. The City Manager stated that he did not believe there were more rental units than they were supposed to have. Nawrocki stated there is still a mess in the yard and the alleys. Broken section of the alley; take down the fence that is supposed to keep from washing out. 3808 Reservoir--is this matter still in court? Jim Hoeft stated yes. It was questioned if they got a rental license. 3727 Reservoir - retaining wall in the back? Started last year? Wasn't over 4 feet high. Stopped; last letter sent to him said he had to get an engineer's report and permit to rebuild the wall. Does this mean all the walls or the north wall or what? He has done nothing, because he wants specific instructions in writing from the City Manager. He does not know what you want. Wants it in writing, because he doesn't know what you want. The City Manager stated he told the homeowner what we wanted. Homeowner wanted to take the wall down which would be foolish. He was told to build the wall without a permit or approval. He does need a permit on the north wall. Jackson Pond screening fence Are we planting vegetation? Takes a while to grow. Drainage problem in Cheery Heights. Try to get a hold of the person there who brought it to our attention in the first place. do? What would he like to CITIZENS FORUM (At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes.) Deb Johnson, 999 41st Avenue N.E., agreed with limits on rental housing. Housing stock is so reasonable that people can buy single family houses for $118,000 for a one bedroom house. She wished to clarify some statements she made at the last meeting--that she was not blaming the Fire Department, but the landlords have so many opportunities to put a bandaid on the problems that are violations. Ms. Johnson asked if there is any more information about the hotel on 49th and Central; the City Manager stated the plans are moving forward on it. Ms. Johnson also stated that regarding the 39th and Stinson area, Columbia Heights should do something, as St. Anthony is moving ahead. The City Manager stated Gerry Herringer, owner of that property, wants to know what is going to go in that area before he sells. Housing options were discussed--senior coops and the need for senior housing for sale are possibilities. Outer suburbs are going with this concept. Stinson and 37th area may be a good location for this idea. COUNCIL CORNER The Mayor reminded councilmembers that any member may adjourn the meeting. She asked that each councilmember adhere to the five minute limit. Kelzenberg: Thanked everyone for coming to the Jamboree parade and events. The movie at Heights Theater was great. City Council Minutes June 28, 2004 Page 19 of 19 Williams: Great parade. Coronation was fun and special---people came from all over. Murzyn Hall was full. Dorinda Edlund did a great job. Everyone involved in a business should be involved in the city events. Continue to pray for the happiness and prosperity of our community. Wyckoff: A Minneapolis Councilmember (NE side) called her about a smoking ban. Asked her if we would be interested in an area-wide smoking ban? The Mayor stated she would welcome comments on this issue. The city has no plans to go one way or the other on this issue. Great parade and great weekend. Pat Proft's movie was great. $5,000 was raised. Thanked everyone for making the Jamboree a success. Ericson: National Night Out is the first Tuesday of August. party. Plan a block party--contact the PD to set up your block Nawrocki: Stated that some people he knew attempted to use the restroom facility at Murzyn Hall after the parade, and were turned away and told they could not use the restrooms. Stated it is a public facility. Restrictions on smoking should be state-wide and may be difficult. At least seven county metro area restrictions should be the same. Encourage residents to file for Mayor or council seats. He will be running for office. The voters will either support him or not. July 6-20th is the filing dates. In the next fall newsletter, we need a good write up on the city elections and also on budget information. Hopes we will present the information in a subjective manner--both sides. Not try to sell like last year. Recommended a Home Inspections class for anyone who hasn't taken it, as it is very informative. He has been accused of being intimidating, over the line, etc. and has heard the City Manager is considering legal action against him. The Mayor adjourned the meeting at 10:42 p.m. Respectfully submitted, Carole J. Blowers Secretary Pro Tem