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HomeMy WebLinkAboutJuly 26, 2004OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING JULY 26, 2004 The following are the nfinutes for the regular meeting of the City Cotmcil held at 7:00 p.m. on Monday, July 26, 2004 in the City Cotmcil Chmnbers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. Father A1 Backanann, Immaculate Conception Church, gave the Invocation. Father A1 invited the commtmity to the Immaculate Conception Church Fun Fest on August 7 mhd 8. This is a fundraiser for the church and school. There will be many events including a 10:00 a.m. mass, music, food, bingo, nad silent auction. CALL TO ORDER/ROLL CALL Present: Mayor Wyckoff, Councilmember Williams, Councihnember Nawrocki, Councilmember Ericson, and Councihnember Kelzenberg PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA Nawrocki requested discussion of projected LGA loss, industrial park redevelopment plan, changes to the Kmart area redevelopment plan, and sanitary sewer damage. Wyckoff indicated the City Manager would discuss LGA in his report; there is a public meeting on the industrial area Thursday evening and sewer damage discussion will be under Council corner. Wyckoff requested discussion ora special Economic Development Authority meeting under 7C. PROCLAMATIONS~ PRESENTATIONS~ RECOGNITIONS AND GUESTS Presentations A) Columbia Heights Athletic Boosters - Donation in support of the Recreation Department Jerry Foss, along with several other members of the Columbia Heights Athletic Boosters presented Keith Windschitl, Recreation Director with a check for $25,000, showing their commitment to the youth of Columbia Heights. The funds help to reduce participant costs. Foss stated that the Boosters meet the third Wednesday of the month in the Murzyn Hall Senior Lounge. Windschitl thanked the Boosters on behalf of the youth program, indicated the contribution helps to make our programs affordable. B) Joaune Garbe - Susma B. Komen Breast Cancer Walk doanne Garbe described the Komen Breast Cancer Walk on September 10 through 12 and her participation in honor of her mother. Participates must raise $2,000 to express the magnitude of the problem. Garbe stated that she has raised $1,300 and asked for ideas on how to raise the remaining amount. If anyone would like to pledge, they can visit the web site wu;w. threedav, o~2~ or send a check to her written to The Breast Cancer Three Day. Ericson asked that Ms. Garbe report back to the Council after the event. Father Al, Immaculate Conception Church, offered to post this in their church bulletin and suggested that other churches might do the same. Wyckoff indicated she put Ms. Garbe in contact with the Women of Today for assistance. CONSENT AGENDA City Manager Walt Fehst took Councilmembers tl2'ough the consent agenda items: 1) Approve City Council Meetin~ Minutes for July 12, 2004 regular City Council meeting Motion to approve the minutes of the July 12, 2004, regular City Cotmcil meeting as presented. City Council Minutes July 26, 2004 Page 2 of 9 2) Accept Boards and Commissions Meeting Minutes a) Motion to accept the July 7, 2004 minutes of the Planning and Zoning Commission. b) Motion to accept the April 20, 2004 minutes of the Housing and Redevelopment Authority. c) Motion to accept the July 8, 2004 minutes of the Library Board of Trustees. 3) First reading to adopt Ordinance No. 1473 being an Ordinance vacating alley adjacent to 573 40th Avenue Fehst indicated this alley had been vacated previously, but due to improper recording this is a housekeeping item. Motion to waive the reading of Ordinance No. 1473, there being ample copies available to the public. Motion to establish a second reading of Ordinance No. 1473, being an Ordinance vacating alley adjacent to 573 40th Avenue NE, for August 9, 2004, at approximately 7:00 p.m. in the City Council Chambers. 4) Authorize transfer of ftmds from the General Fnnd to Reimburse Police Depm-tment Overtime Fund 5) 6) Motion to transfer $4,391.25, the total amount received from Unique Thrift Store, Columbia Heights High School activities, and Columbia Heights High School All Night Party Committee for off duty security worked, from the General Ftmd to the Police Depal~ment 2004 budget under line #1020, Police Overtime. Approve the Joint Powers Agreement with School District #13 for Police School Liaison Officer Fehst stated this agreement was postponed as the Union has not settled but is now being submitted with the intent that any pay increase for this Officer would be passed on to the School District. Motion to authorize the Mayor and City Manager to approve the Joint Powers Agreement with School District #13 for the provision of a Police School Liaison Officer as stipulated in the joint powers agreement for the period of September 2, 2003 through June 7, 2004. Adopt Resolution No. 2004-37, being a Resolution accepting the Civilian Emergency Response Team (CERT) Program Grant. Police Chief Tom Johnson indicated there are no matching fimds required for this grant. The grant will send our officers to a "train the trainer "program, purchase equipment, and train all residents who wish to participate in the CERT Program. Our Fire Department will also be involved Training for residents will be six to eight weeks, a couple nights a week, and include hands-on training, which will free up our officers for other serious and more dangerous business during any dsaster. The 30 best trainees will become the members of our CERT team. Officers will be trained in August, and residents in September and October. Residents will be informed of the program through ads, cable TV,, and the City web site. Another grant will allow for the purchase of fifieen 800 MHZ radios for communication with other local communities. Nawrocki indicated that he and Chief Johnson attended the Anoka County Emergency Management meeting regarding natural and man made emergency plan development. Johnson stated the critical nature of areas such as the Water Works. Chief Johnson credited Officer John Rogers for filing and successfully receiving this grant, as we were one of a very few to receive this grant. City Council Minutes July 26, 2004 Page 3 of 9 Motion to waive the reading of Resolution 2004-37 there being ample copies available for the public. Motion to adopt Resolution 2004-37 being a Resolution supporting the efforts of the Columbia Heights Police Department and the development of the Civilian Emergency Response Team (CERT); further, to authorize the Mayor and the City Manager to enter into a contract with the Minnesota Department of Public Safety Division of Homeland Security and Emergency Management to obtain a grant in the amount of $13,654 and to pay for the development of the CERT program. 7) Establish a Hearing Date of August 9, 2004 for revocation or suspension of rental property licenses at 4101 5th St, 344 40th Ave, 4410 Central Ave, 4901 5th St, 1230 Circle Terrace Blvd, 4154-56 2nd St, 3727 Reservoir Blvd, 3861 Edgemoor P1, 5252-54 Washington St, 5229-31 7th St, 4610-12 Fillmore St, 4919-21 Jackson St, 4606-08 4th St, 1355-57 Circle Terrace Blvd, 4643 Pierce St. Fehst indicated that most of the established hearings are due to the failure of the property owner to submit their application for renewal. Nawrocki noted that 3808 Reservoir is not on the list. Fehst stated they have filed application for the permit. Nawrocki questioned the Court action on this property. Jim Hoefi, City Attorney, stated that another hearing has been set for August or September, as the property owner advised the Court of the positive steps he is taking. Wyckoff questioned 3 72 7 Reservoir Boulevard Fehst stated the owner would meet with engineers regardng the retaining wall. The owner must build a safe structure in a timely manner. Motion to Establish a Hearing Date of August 9, 2004 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Paul Fry at 4101 5th Street N.E. Motion to Establish a Hearing Date of August 9, 2004 for Revocation or Suspension of a License to Operate a Rental Property within the City of Colmnbia Heights against John Gondek at 344 40th Avenue N.E. Motion to Establish a Hearing Date of August 9, 2004 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Jaqueline Williams at 4410 Central Avenue N.E. Motion to Establish a Hearing Date of August 9, 2004 for Revocation or Suspension of a License to Operate a Rental Property within the City of Colmrtbia Heights against Donald Woods at 4901 5th Street N.E. Motion to Establish a Hearing Date of August 9, 2004 for Revocation or Suspension of a License to Operate a Rental Property within the City of Colmnbia Heights against Jemfifer Goraka at 1230 Circle TmTace Blvd N.E. Motion to Establish a Hearing Date of August 9, 2004 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Douglas Evans at 4154- 56 2nd Street N.E. City Council Minutes July 26, 2004 Page 4 of 9 Motion to Establish a Hearing Date of August 9, 2004 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Timothy Quass at 3727 Reservoir Blvd N.E. Motion to Establish a Hearing Date of August 9, 2004 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Bradley Hoag at 3861 Edgemoor Place N.E. Motion to Establish a Hearing Date of August 9, 2004 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Bette Harlan at 5252~54 Washington Street N.E. Motion to Establish a Hearing Date of August 9, 2004 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Edwin Matthes at 5229- 31 7th Street N.E. Motion to Establish a Hearing Date of August 9, 2004 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Mohsen Dessouki at 4610-12 Fillmore Street N.E. Motion to Establish a Hearing Date o£August 9, 2004 for Revocation or Suspension of a License to Operate a Rental Property within the City of Colmr~bia Heights against Michael Johnson at 4919-21 Jackson Street N.E. Motion to Establish a Hearing Date of August 9, 2004 for Revocation or Suspension of a License to Operate a Rental Property within the City of Colmr~bia Heights against Lan'y Wakeman at 4606-08 4th Street N.E. Motion to Establish a Hearing Date of August 9, 2004 for Revocation or Suspension of a License to Operate a Rental Property within the City of Colm~abia Heights against Judith Germain at 1355- 57 Circle Terrace Blvd N.E. Motion to Establish a Hearing Date of August 9, 2004 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Richard Meissner at 4643 Pierce Street N.E. 8) Approval of attached list of rental housing license applications for July 26, 2004 Motion to approve the attached list of rental housing license applications, in that they have met the requirements of the Housing Maintenance Code. 9) Approve Business License Applications Motion to approve the items as listed on the business license agenda for July 26, 2004 as presented. 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 109171 through 109330 in the amount of $1,350,510.70. Motion by Nawrocki, second by Williams, to approve the Consent Agenda items as presented. Upon vote: Ayes: Kelzenberg, Williams, Ericson, Nawrocki, Wyckoff. Motion carried. City Council Minutes July 26, 2004 Page 5 of 9 PUBLIC HEARINGS Rental License for 1162-1164 Cheery Lane NE Mayor Wyckoff closed the Public Hearing regarding the revocation or suspension of the rental license held by Katherine Crosby regarding rental property at 1162-64 Cheery Lane N.E. in that the violations on the property have been corrected. ITEMS FOR CONSIDERATION Other Business - Williams indicated his request to hold a special EDA meeting to discuss saving the former NEI building, as we have moved toward demolition to quickly. The building may have more value than previously realized There is not a plan in place for the raw land Wyckoff stated the EDA voted to demolish the building, with Councilmembers Williams and Nawrocki voting in the negative, and the vote was delayed several months. Williams stated the bullring is an asset and the hull is good, though the plumbing and electric are obsolete. He indicated that he would have the building inspected by an architect, at his cost, prior to the meeting. Fffyckoff described her initial desire to save the building and reconsideration after reading the reports and touring the building. Wyckoff indicated that Gary Peterson initially stated the building was in bad shape and now wants to save it. The historical site she wants saved (Dr. Good building) has not been looked at. Wyckoff indicated thatposting of the meetingprior to calling the members may not be illegal, but is unethical. This meeting was set for a date when the key staff member is on vacation. Kelzenberg indicated he would attend the meeting. Ericson indicated agreement to attend this EDA meeting to discuss information not previously brought forth, as the dune and duly EDA meetings were cancelled Ericson did not feel a reverse vote would be successful, but agreed to additional discussion. Nawrocki indicated he has not seen any facts and figures to save the building. It is premature to remove the building for a new city ha[[, library, and civic center. Gym space is critical for our recreation programs and for the schools. The School District is not inclined to add gym space at this time, so we need to look at alternatives for our youth. It is difficult to talk about bonding for new gyms when we are tearing down a building that has ~o gyms. Nawrocki indicated that he is not told when key staff people will be out of town and did not know Mr. Streetar would be gone. Discussion included cost to save the building, cost to demolish and replace the building, and the cost to break the demolition contract. Sue danoski, 4851 Jefferson, indicated that she is on the site design committee for new gym space. The committee findings will be reviewed with the Community Development Director next week, and do not include the current NEI building. Nawrocki stated that the special ED~I meeting would be Thursday, July 29, 2004 beginning at 5.'30p. m. in Conference Room 1. Fehst stated that the NEI Redevelopment Assessment report and the relevant EDA minutes would be included in the Council packet. Williams stated his belief that the building is worth saving, live must reinvent how we get our revenue. He agreed it would look funny to tear down a building that already has gyms. We need the gym space and the elevator. Renovation would not have to be done all at once. If we spend four to five million dollars on the building, we would have a ten million dollar building. Williams stated he does not want to have more open property in the City that we are doing nothing with. City Council Minutes July 26, 2004 Page 6 of 9 Wyckoff indicated that we need amenities now to attract people to the proposed 600 new townhomes. Nawrocki stated that Columbia Heights is a great place to live and gave some history on recreational programs in the community. He supports having the special meeting to acquire more information on saving and tearing down the building. Wyckoff referred to the recentpositive information fi'om the Kroc Foundation. Fehst stated that the 3 7a' and University Avenue site is the only Minnesota metro site still under consideration for their facility. There are four or five regions in the running for the $1.5 billion available. The Foundation would request donation of the land. We indicated that Huset Park is available during the day and may be part of the Minneapolis grant application. ADMINISTRATIVE REPORTS Report of the City Manager Fehst stated that due to the Governor's decision and compromise with the League of MN Cities, our local government aid will be reduced $550,000 next year and $300, 000 the next year, rather than receiving $! million. This will bring our aid down to $700,000, with an overall loss of $2 million dollars. Fehst suggested fi'eezing the 2005 budget at the 2004 level. This would result in reductions to equal payroll increases. Nawrocki indicated his disappointment in the Governor's decision and the League of MN Cities agreement to not take legal action. This reduction does not meet the letter of the law. We should take legal action to see that the State abides by the law on the books. Fehst stated that we could do that, but the decision was made on legislative intent, and is not sure it would be a wise expenditure of our legal dollars. The intent was to change the aid, if not this yea~; next year. We sent a letter to our Legislators and Governor requesting they follow the current law. Ericson stated that when the Legislature reconvened they would establish the law anyway. Fehst stated that the funds were never intended to go to the general fund, only to the capital fund Ericson stated that the more appropriate response regarding the way LGA was distributed is to complain to our legislators. Wyckoff stated that funds should be distributed as they were originally intended Williams stated that maybe we need to take a stand and take legal action. Fehst stated that the Legislators intend was to continue reduction of state aid. Williams stated the need to reinvent how we obtain revenue. Nawrocki explained the original intent of LGA funds. He stated that are probably the biggest losers of aid in the state, and to take this sitting down is not the best route to go. Motion by Nawrocki, that staff be directed to look at the possibilities of making a legal challenge to what the Governor is intending to do with LGA. Motion seconded by Williams. Hoefi indicated that even ifa court awarded us the fimds, there would no doubt be a correction on the part of Legislature and the funds returned Ericson stated that we would spend a lot of money in the process. Nawrocki felt our Legislators need to know the result of their action on their constituents. We may lose the fight, but have tried Wyckoff indicated that we should not forget the $1 million we received in cleanup grants and we do not want to hurt our chance at future grants. City Council Minutes July 26, 2004 Page 7 of 9 Kelzenberg indicated the desire to work through our legislators, rather than pursue a lawsuit. Upon vote: Kelzenberg, aye; Willimns, aye Ericson, nay; Nawa'ocki, aye; Wyckoff, nay. 3 Ayes - 2 Nays. Motion carried. Report of the City Attorney ~Vyckoff referred to a complaint regarding employment papers at bus stops. Hoefi gave the background on action taken on this issue during the construction on Central Avenue and the resulting challenge by the paper's owners. Until recently, there were no issues with placement or distribution of the materials. The Public Works Department has indicated they would do additional cleanup as the situation arose. Hoeft stated that it is an enforcement issue. CITIZENS FORUM Deb Johnson, 999 41st Avenue, stated that the NEI site has been discussed since last year and is not new news. She indicated that this is just a hot topic because it is election time. COUNCIL CORNER Kelzenberg · Wished Tami Ericson a happy birthday. · Benefit softball game on Thursday, Aug 5th, 6:30 p.m., between the Columbia Heights Postal employees and the Columbia Heights Policemen/Firemen at Huset Park, Field #5. The donation of a non-perishable food item is requested. Williams · Researching NEI again at the request of residents. Will have an architect look at the condition of the building. Fehst stated there has been a lot of destruction in the building by asbestos removal. · Referred to the goal setting session and the need to be more pro-active and know where we are going. · National Night Out - August 3rd. · What has happened to the Huset Park study? Fehst stated that it would be discussed at the August 16 work session. We will need to determine funding for the road. Requested a copy of the study in advance so there will be adequate time for review. · On the survey conducted, citizens want to build things but show no desire to pay for them. Survey questions were approved before seeing them and felt they were misleading. Referred to the School District's request for another operating levy. Fehst stated that School District would close one levy and open another, resulting in a $200 tax increase for $200,000 home. We must decide on the level of service in our community and basic services have to be maintained. We must maintain our property if we expect residents to maintain their property. You have to pay the people who are here to do the job and they continue to wear more hats. By 2007 the budget will be less than the budget for 2003. We are trying to do the job with less. We are losing $2 million in State Aid. kVyckoff requested Williams have his architect also look at the Dr. Good building. Yes, he will. W¥ckoff · We need to be stricter and more efficient on code violations. · Huset Park ~ be sure there is open space. Development funds should be distributed to all the city parks. · Read the MN Cities magazine recognition of Columbia Heights as a Tree City USA. Diseased tree removals have been significantly higher and exceed the budgeted amount. Fehst stated that fall removals would be on a complaint basis and we may need to use trimming and planting funds for removal. Consideration will be given to continuing to pay a percentage of private removals; we are the only city that does so. City Council Minutes Public meeting regarding the Columbia Heights industrial area redevelopment on Thursday, July 29th from 7:00 to 9:00 p.m. at Murzyn Hall. Fehst stated that this is not a city-sponsored meeting. · Crossroads, a community conversation regarding youth in our city, will be held on Thursday, July 29th from 7:00 to 9:00 p.m. at Columbia Heights Assembly of God Church. · Indicated the Heights Happenings would have information regarding the budget and Colrnnunity Development Director Streetar will tape a cable T.V. show explaining how the budget works. · The City of Minneapolis has passed a smoking ban and the City of St. Paul is close to doing so. Feels a ban will be requested in our City. There would be one business hm't in Columbia Heights and we want to work with them. Williams asked how it would be enforced. Uncomfortable with ban - feels people should have the choice. Ericson · The goat setting session was good thing, looks forward to the next one and to implementing an action plan. · Reminded everyone that National Night Out is August 3rd. July 26, 2004 Page 8 of 9 · Nawrocki · Feels intimidated that he catmot bring up City items for discussion to do his job as a Councilmember. · We need to talk about the level of service to the community and cutting back. Believes the services we provide can be done more cost effectively. Financial assistance on diseased tree removal is something we do for citizens, as we tell them they must remove the tree for the good of the public. · As the representative to Suburban Rate Authority, indicated positive results and cost savings to our tax payers and projected future costs. Utility contractors now want to have municipalities responsible for locating lines on private property, which would open cities to liability for eh'ors m~d injuries. The League of MN Cities and MN Engineers Association have become involved in this. · Smoking ban is only sensible if it is a statewide ban, or at least metro wide. · The meeting agenda did not appear on cable this week. Wyckoffindicated that the staff person who does this was on vacation. · The public meeting atmouncement in the paper for the industrial area looks like an official city meeting, which it is not. · Questioned the amount of tax increment financing for the industrial area. Fehst stated this would be presented August 16th. Requested this information prior to the public meeting. · The Plamfing and Zoning Cormnission meeting minutes indicated an increase in the nmnber of units for the Kmmnt area. Questioned if there would be enough parking, specifically for guests. When will the plan come before the City Council? Ericson stated tentatively in August, but there are 30 conditions for the developer to meetprior to this. Hoefi stated the plan was for 218 and is nou2 230 units. Ericson stated the underground parking will meet the requirements for the additional units and street parking is also available. Fehst stated the original plan was for 250 units. · Requested a copy of the comprehensive sewer plan approved by the Met Council. · Do we have a Building Official on staff?. Fehst stated this is a contracted service and has not changed. New Brighton is contracting the services. Wants to see who they are and their qualifications. · Requested update of the screening for Stinson Boulevard. · We have a responsibility to help people with sewage backups from blockage in the city line. Residents with backups in the last 3.5 years should get consideration for help with their costs. · Requested a list of ongoing consultant contracts. · Has not received the audit letter. Fehst stated the Auditor would be present at the August 16th work session. · Referred to the draft city newsletter regarding the budget, property taxes and sump pump program penalties. City Council Minutes July 26, 2004 Page 9 of 9 · Questioned if Aldi's Grocery is considering a location here. Fehst stated yes. Whatever the impact, we may need to consider a new liquor store in the redevelopment of 49th and Central. Wyckoff referred to a letter regarding a severed relationship with the Kmart developer. Fehst stated this does not affect us. ADJOURNMENT Mayor Wyckoff adjourned the meeting at 9:39 p.m. ~atric/i~Juscovitz, CMC -[ Deputy City ClerldCouncil Sdcretary