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HomeMy WebLinkAboutJune 24, 2002OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS REGULAR CITY COUNCIL MEETING JUNE 24, 2002 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, June 24, 2002 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. Pastor Tom Carlson, First Lutheran Church, gave the invocation. CALL TO ORDER/ROLL CALL Present: Mayor Peterson, Councilmember Szurek, Councilmember Wyckoff, Councilmember Williams and Councilmember Nawrocki PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson added a Proclamation to be read for the Women of Today. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS A) Proclamations - Women of Today Founders Day Mayor Peterson read the Proclamation recognizing July 1 as the Women of Today Founder's Day, and presented the Proclamation to l/icky Nurnberger, representative of the Columbia Heights' Women of Today. B) Presentations to: Officer Paul Frakie and Corporal Paul Bonesteel Police Chief Tom Johnson gave the background information on Officer Paul Frakie and swore him in. Mayor Peterson presented Officer Frakie with his badge. Officer Frakie thanked the Mayor and Councillor the opportunity to be apo/ice officer in his hometown. Pofice Chief Tom Johnson gave the background information on Corporal Paul Bonesteel. Mayor Peterson presented Corporal Bonesteel with his promotional badge. Corporal Bonesteel thanked the City Council for this promotional opportunity. Chief Johnson reminded the pubfic of the Jamboree Parade route change. He encouraged people to attend with parking available on the perimeter and parking ramps. He also reminded residents' of the Tour d' Heights' on Saturday morning. Two bicycles, donated by the Lions Club, will be awarded at the end of the ride. ¢) Introduction of New Employees - Ben Mathson and John Crelly. Kevin Hansen, Public Works' Director, introduced Ben Mathson as the new park department employee. Mathson thanked the Council for the opportunity to work for the City of Columbia Heights. Fire Chief Charles Thompson introduced John Crelly, the new Assistant Fire Chief and gave information on his background. Assistant Fire Chief Crelly thanked the Mayor and City Council for the opportunity to work for the City of Columbia Heights'. Nawrocki reiterated his comments from a previous meeting that he was sorry the appointment for this position was not from in-house. He indicated it was nothing personal again Crelly. D) Recognition-none City Council Minutes June 24, 2002 Page 2 of 8 CONSENT AGENDA Walt Fehst, City Manager, reviewed the consent agenda items. Motion by Nawrocki, second by Wyckoff, that with the requested correction to minutes and removal of Item #2 to approve the Consent Agenda items as follows: 1) Minutes for Approval Motion to approve the minutes of the June 10, 2002, regular City Council meeting as corrected. Nawrocki corrected the minutes of June 10, 2002, page 6, 5thparagraph, stating that 4356 6th Street should be 5th Street, and that three spot; need paving on the alley between 44th Avenue and 45th Avenue. 2) Establish Work Session Meeting Date for July 15, 2002 beginning at 7:00 p.m. in Conference Room 1 - Removed. 3) Authorize final payment for Jackson Pond fence, City Project 0009 Motion to accept the work for Jackson Pond Fence, City Project 0009 and authorize final payment of $1,253.25 to Security Fence and Construction, Inc. of Minneapolis, MN. 4) Establish hearing date of July 8, 2002 for Revocation or Suspension of a license to operate a rental property at 1300-1302, 1316-1318, 1324-1326 Circle Terrace Blvd NE. Motion to Establish a Hearing Date of July 8, 2002 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Edward Fragale at 1300- 1302, 1316-1318, 1324-1326 Circle Terrace Blvd NE. 5) Approve Business License Applications Motion to approve the items as listed on the business license agenda for June 24, 2002 as presented. 6) 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 98499 through 98730 in the amount of $3,923,191.46. Upon vote of the Consent Agenda: All ayes. Motion carried. Item #2 - Establishing work session meeting date. Nawrocki asked if there was an agenda set for the proposed meeting. Fehst, indicated there was not, except for discussion ofa property on University Avenue. Nawrocki asked why there was no nd meeting being set for July 2 . Fehst stated that staff had been polled and had no items for discussion. Peterson stated that he might be out of town on July ]5th. Motion by Williams, second by Szurek, to establish a Work Session meeting date for Monday, July 15, 2002 beginning at 7:00 p.m., in City Hall Conference Room 1. Upon roll call vote: Williams, aye; Szurek, aye; Wyckoff, aye; Nawrocki, nay; Peterson, aye. 4 ayes- 1 nay. Motion carried. PUBLIC HEARINGS Rental Housing Revocation for 1816 44th Avenue NE City Council Minutes June 24, 2002 Page 3 of 8 Motion by Szurek, second by Williams, to waive the reading of Resolution No. 2002-43, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Szurek, second by Williams, to adopt Resolution No. 2002-43, being a Resolution of the City Council of the City of Columbia Heights approving Revocation pursuant to Ordinance Code section 5A.408(1) of the Rental License held by Michael Haase Regarding Rental Property at 1816 44th Avenue NE. Nawrocki asked why this violation did not include unficensed vehicles. HoejCt stated that does notjCall under the housing maintenance code. Fehst stated he would contact the Pofice Department on this. Upon vote: All ayes. Motion carried. RESOLUTION 2002-43 Resolution of the City Council for the City of Columbia Heights approving Revocation pursuant to Ordinance Code Section 5a.408(1) ef that certain Residential Rental License held by Michael Haase (Hereinafter "License Holder"). Whereas, License Holder is the Legal Owner of the real property located at 1816 44th Avenue NE, 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 May 13, 2002 of a Public Hearing to be held on June 24, 2002. 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 December 13, 2001, Gary Gorman and John Larkin, inspectors for the City of Columbia Heights, inspected the property and noted six violations. Compliance orders listing the violations were mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on January 18, 2002, Gary German and John Larkin, inspectors for the City of Columbia Heights, reinspected the property and noted that three violations remained uncorrected. Compliance orders listing the violations were mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 3. That on April 18, 2002, Gary German and John Larkin, inspectors for the City of Columbia Heights, reinspected the property and noted that three violations remained uncorrected. Compliance orders listing the violations were mailed by regular mail to the owner of the property at the address listed on the rental housing license application with copies mailed to the tenant. 4. That on May 13, 2002, Gary German and John Larkin, inspectors for the City of Columbia Heights, reinspected the property and noted that the three violations remained uncorrected. Compliance orders listing the violations were mailed by certified mail to the owner at the property at the address listed on the Rental Housing License Application. 5. That on June 20, 2002, Gary German and John Larkin, inspector for the City of Columbia Heights, reinspected the property and noted that the three violations remained uncorrected. 6. That based upon said records of the Enforcement Officer, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: A. FAILURE TO CORRECT VIOLATION OF THE RESIDENTIAL MAINTENANCE CODE i. Shall cut/trim long grass and weeds along the fences in the spring. ii Shall install hard surface (concrete or asphalt only) on all parking areas on the property.... Shall comply by spring 2002. iii Shall remove all outside storage/garbage around the yard. Cardboard, tires, batteries etc.... Shall remove the brush pile in the front and rear yards. B. FAILURE TO SUBMIT REINSPECTION FEES OF $550.00 7. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing 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 1816 44*h Avenue NE. is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto, City Council Minutes June 24, 2002 Page 4 of 8 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 U1816 is hereby revoked/suspended; 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 remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this 24a~ day of June, 2002 ITEMS FOR CONSIDERATION Other Resolutions and Ordinances Second reading of Ordinance No. 1448, being an ordinance amending Chapter 6, Section 53. of the Charter of the City of Columbia Heights pertaining to Powers and Duties of the City Manager. Motion by Szurek, second by Williams, to waive the reading of Ordinance No. 1448, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Szurek, second by Williams, adopt Ordinance No. 1448, being an ordinance pertaining to Powers and Duties of the City Manager. Nawrocki opposed this change in the Charter as things have run well over the years, and the present process allows more input from resident,'. Upon vote: Williams, aye; Szurek, aye; Wyckoff, nay; Nawrocki, nay; Peterson, aye. 3 ayes - 2 nays. Motion failed Nawrocki stated his concern about the process to inform the pubfic of this and other Charter changes to be on the ballot, and asked to be kept informed. Jim Hoefi, City Attorney, stated this item would be passed back to the Charter Commission. Nawrocki indicated that he would tike to see the wording draft on a timely basis. Hoefi stated that timely preparation would be necessary to get this information to the County for the upcoming election. ORDINANCE NO. 1448 BEING AN ORDINANCE AMENDING CHAPTER 6, SECTION 53 OF THE CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO POWER AND DUTIES OF THE CITY MANAGER The City of Columbia Heights does ordain: Section 1: Chapter 6, Section 53 of the Charter of the City of Columbia Heights which currently reads as follows, to wit: POWERS AND DUTIES OF THE CITY MANAGER. Subject to the provisions of this charter and any regulations consistent therewith which may be adopted by council, the city manager shall control and direct the administration of the city's affairs, except that the police department and the enforcement of the laws pertaining to said department shall be under the sole control of the mayor. The city manager's powers and duties shall be: (a) To see that this charter and the laws, ordinances and resolutions of the city are enforced; (b) To appoint and, except as herein provided, remove the city clerk, all heads of departments, and all subordinate officers and employees in the departments, all appointments to be upon merit and fitness alone; (c) To exercise control over all departments and divisions of the city administxation created by this charter or which may be hereafter created by the council except as herein provided; (d) To attend all meetings of the council, with the right to take part in the discussions but having no vote; but the council may at its discretion exclude the city manager from meetings at which the city manager's removal is considered; City Council Minutes June 24, 2002 Page 5 of 8 (e) To recommend to the council for adoption such measures as the city manager may deem necessary for the welfare of the people and the efficient administration of the city's affairs; (f) To keep the council fully advised as to the financial condition and needs of the city, and to prepare and to submit to the council the annual budget; (g) To prepare and to submit to the council for adoption an administrative code incorporating the details of administrative procedure, and from time to time to suggest amendments to the same; and (h) To perform such other duties as may be prescribed by this charter or required of the city manager by ordinances or resolutions adopted by the council. IS HEREWITH AMENDED TO READ AS FOLLOWS: POWERS AND DUTIES OF THE CITY MANAGER. Subject to the provisions of this charter and any regulations consistent therewith which may be adopted by council, the city manager shall control and direct the administration of the city's affairs, except ~'~ ~'~ ~^;~ depa~mem ~-~ ~'~ ~,r ......... r ~,~; ......... ~.~ .... said depa~mem shall be under ,1,~ ~^1 ....... 1 ^rtl, ....... The city manager's powers and duties shall be: (a) To see that this charter and the laws, ordinances and resolutions of the city are enforced; (b) To appoint and, except as herein provided, remove the city clerk, all heads of departments, and all subordinate officers and employees in the departments, all appointments to be upon merit and fitness alone; (c) To exercise control over all departments and divisions of the city administration created by this charter or which may be hereafter created by the council except as herein pre, vialed; (d) To attend all meetings of the council, with the right to lake part in the discussions but having no vote; but the council may at its discretion exclude the city manager from meetings at which the city manager's removal is considered; (e) To recommend to the council for adoption such measures as the city manager may deem necessary for the welfare of the people and the efficient administration of the city's affairs; (f) To keep the council fully advised as to the financial condition and needs of the city, and to prepare and to submit to the council the annual budget; (g) To prepare and to submit to the council for adoption an administrative code incorporating the details of administrative procedure, and from time to time to suggest amendments to the same; and (h) To perform such other duties as may be prescribed by this charter or required of the city manager by ordinances or resolutions adopted by the council. First Reading: June 10, 2002 Second Reading: June 24, 2002 Date of Passage: Failed E) Bid Considerations - none F) Other Business Approve agreement with Xcel Energy for the undergrounding of overhead lines on Central Avenue from 41st to 43rd Avenues and authorizing a total payment in the amount of $108,001. Motion by Williams, second by Szurek, to approve the agreement with Xcel Energy for the undergrounding of overhead lines on Central Avenue from 41 st to 43rd Avenues and authorizing a total payment in the amount of $108,001 with 50% ($54,001) from Special Projects Fund #226-49846- 3050 and 50% ($54,000) from Cable Fund #225-49000-3050, and authorize the Mayor and City Manager to enter into an agreement for the same; with the stipulation that the Central Avenue Project 99-12 State Aid Funding sources will be reviewed at the end of the project, and if excess funds are available they will be used to repay each of the funds. Nawrocki questioned the response from the Suburban Rate Authority on NSP's responsibifity to move these fines at their own cost. Hansen stated that he contacted the SRA attorney and Xcel. This request is to relocate and bury fines on Central from 41~'t to 43rd Avenue, with a final design estimate of $108,000. Payment options are: payment up front or spreading out the amount among ratepayers over an extended period. Hansen stated that dim Strommen, of the SPA, indicated that we are taking the right steps, and a third party expert could tell us if the written estimate is proper. Hansen stated that Xcel indicated moving the fines to the rear of the building would be as expensive as placing them underground. Residential fines would have to be moved because feeder fines cannot run on the same fines with residential fines, and would require obtaining easements for the work. Hansen indicated City Council Minutes June 24, 2002 Page 6 of 8 that the city would be responsible for costs as established in the franchise agreement. Hansen stated that this estimate is a design cost and that the final cost could be more or less. Hansen stated that review by an outside consultant would be between $3,000 and $5,000. Nawrocki also questioned using remaining state aid funds toward this cost. Hansen stated that this request could be added to the motion, and reimbursed after the project, if funds remain. Hoefi stated that the maker and second of the motion could add this. The maker and second to the motion agreed to add the use of any remaining state aid funds. Wyckoff mentioned her recommendation to add $1 per month, for nine months, to resident's utifity bills to split the cost between residents and reserve funds, so to not run down reserve funds. Upon vote: Ayes: Williams, Szurek, Wyckoff, Nawrocki, and Peterson. Motion carried. ADMINISTRATIVE REPORTS Report of the City Manager Fehst indicated the change to the Jamboree parade route to be held Friday at 6:30p. m. He referred to the Jamboree pamphlet produced by the Lions Club. Fehst referred to the Crest Flew celebration, the carnival, fireworks, Ronny Milsap concert, softball tournaments, and Queen Coronation. He thanked Wally Logacz for his tremendous work on the parade and the Lions for their work and sponsorship of the Jamboree. Fehst asked for Council's preference of concrete color for the Central Avenue boulevard Hansen stated the majority of responses from the fronting business owners were for terra cotta. Szurek stated that she viewed the barn red color in Hastings and like it very much, along with the stamped brick look. Fehst stated that the barn red color was used Shoreview. Wyckoff liked the barn red color also. Williams indicated his desire for barn red Nawrocki stated that he as often seen the Shoreview project and he did not like the barn red color. He chose the adobe tan. Hansen stated that the colors would fade, as Shoreview's has. Peterson stated that the gray color at the gateway was his choice, but now wishes he would have used a brighter color. Hansen stated there were 35 responses for terra cotta and one for barn red Peterson stated that businesses would have to view the color daily. Fehst questioned if the terra cotta color has been used in another local community. Hansen stated these colors were picked to blend with the brick on buildings down the corridor. Williams felt that business owners would eventually think the darker color was better. Wyckoff asked Mrs. Johnson for her choice. Mrs. Johnson indicated the barn red Nawrocki stated that the Shoreview concrete project had faded Peterson referred to a rose colored concrete he saw that looked nice. Williams felt that we will get compliments if we were bold in our choice. Fehst indicated the choice would be barn red, by a majority Council consensus. Nawrocki felt that was not bureaucracy. Report of the City Attorney Nawrocki asked for the City Attorney's written opinion on the Charter questions. Hoefi stated it is on his "to do" list. Wyckoff questioned how the newsstand ordinance is being handled Fehst stated that we are waiting for more information from the people who are protesting it. Hoefi stated that the City Engineer sent notice to all newspapers within the construction zone that during construction no one could have newspaper stands in the area. The free flyer companies are protesting that our ordinance is based on content, as pay boxes are not included Hoefi stated the City's concern was not content, but people not depositing these materials in the trash, and that people tend to keep a paper they pay for. Hoefi indicated that if they chose to challenge us in court they can do so, and if there is a middle ground to be reached we will try to do so. City Council Minutes June 24, 2002 Page 7 of 8 GENERAL COUNCIL COMMUNICATIONS Minutes of Boards and Commissions · Meeting of the Economic Development Authority on May 20, 2002. · Meeting of the Public Library Board of Trustees of June 4, 2002. CITIZENS FORUM -none COUNCIL CORNER Nawrocki questioned the status of the 2000 budget goal to review our contract with the city attorney. Fehst stated that the contract was reviewed at that time and bids' were not released Fehst stated that research is being done regarding an in-house attorney. Nawrocki stated this information shouM come before Council. Nawrocki indicated there is a shopping cart at Sullivan Lake by the bridge that needs' to be removed and offensive graffiti on the bridge and lamppost. He allegedly that someone appears to be making their home at the Sullivan park shelter. Nawrocki stated that he attended the League of MN Cities annual meeting in Rochester. Two sessions of interest covered affordable housing and downtown development. Nawrocki stated that he spoke to the Xcel representatives at the conference on their tree trimming and asked them to check the trimming done on 5th Street, between 40th and 4ft Avenues. Discussion included previous trimming, providing shade, the 5th Street project, and if these lines were intended to be temporary lines. Fehst stated that a solution would be to have the lines moved Nawrocki questioned the treatment ora resident by the contractor regarding a tree removal on Reservoir Boulevard Fehst indicated that contractor would be notified to respect the resident's comments'. Nclwrocki referred to three spots' in the ally from 44th tO 45th Avenue on 5th Street that need to be redone. Hansen indicated the contract wouM do so sometime during the next couple of weeks. Nawrocki stated he would tike the legal action regarding 4356 5th Street to continue, regardless if there has been interest showed in purchasing the property. Fehst will research having a contractor keep the grass cut. Nawrocki requested that information on election, proposed charter changes, and prefiminary budget information be included in the fall newsletter. Nawrocki referred to the Columbia Heights' househoM income level and that we have more than double the metro average of senior citizens in our community. He stated his concern with Habitat for Humanity homes was they could not promise recipients' of homes in Columbia Heights' would be from this community. Nawrocki stated: "Practice what you preach, and actions speak louder than works'. Wyckoff asked why the recycfing containers for cans are gone from our parks. Hansen was not aware of this, but stated he wouM check. Wyckoff questioned why the fountain at Wargo Park was not operating. Hansen stated that the pump is broken and with possible drainage problems and the construction project, repair will wait until later this fall or next spring. Wyckoff stated that the Labelle fountain is also not working. Hansen stated that the Labelle fountain needs major pump repair and the concrete has settled and eroded City Council Minutes June 24, 2002 Page 8 of 8 Wyckoff requested that the goose round up at Labelle be limited to that area. Wyckoff stated that she wouM not be flying in July, and wouM be working at the Capitol. Szurek invited everyone to come out for the Jamboree events. Williams asked everyone to pray for the peace, justice and prosperity for our city. Williams pointed out what bad shape the Prestemon Park tennis courts are in and that we need to take care of what we have. Williams requested a Central Avenue construction update. Hansen stated that the project was a week ahead of schedule, but progress has slowed because of all the recent rain. He indicated that work at 40th Avenue wouM be a mess and inconvenient. Hansen stated that the rain has also pushed back construction progress in Zone 6A. Williams read from the Bits and Pieces booklet and Points to Ponder. Peterson invited everyone to the parade, and asked that anyone wanting to volunteer their help could contact the Chamber of Commerce, Patty at City Hall, or call him at home. Peterson stated that we are lacking members for several commissions. He would like to either appoint members or set up interviews, and asked Councilmembers to consider this. Peterson gave details of the Jamboree events. Peterson stated: "Don't take ourselves to seriously, enjoy life, love your neighbor and God Bless all of you ". Na~rocM emphasized that the Jamboree parade starts on Washington Street. ADJOURNMENT Mayor Peterson adjourned the meeting at 8:48 p.m. Patricia Muscovitz, Deputy City Clerk