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HomeMy WebLinkAboutApril 24, 2000MINUTES FOR THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MONDAY, APRIL 24, 2000 7 P.M. TH CITY COUNCIL CHAMBERS, CITY HALL, 590 40 AVENUE Due to technical difficulties the meeting began at 7:07 p.m. 1. CALL TO ORDER/ROLL CALL Present: Councilmember Szurek, Jolly, Wyckoff, Hunter, Mayor Peterson 2. PLEDGE OF ALLEGIANCE 3. 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.) 4. 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 next order of business.) MOTION A. by Szurek, second by Jolly, to approve Consent Agenda items as follows: 1)Minutes for Approval MOTION: Move to approve the minutes of the April 10, 2000, Regular Council Meeting as presented. 2)Establish Work Session meeting dates for May of 2000. MOTION: Move to establish Work Session meeting dates of Monday, May 1, 2000 at 8:00 p.m. and Monday, May 15, 2000 at 7:00 p.m. Fehst stated the work session scheduled for 8:00 p.m. could be changed back to the regular time of 7:00 p.m. as the liaison to the Traffic Commission will be out of town. 3)Approve Revision to Salary Range for Planner MOTION: Move to approve the revised 2000 monthly salary range for the position of Planner, effective May 15, 2000, as follows: entry $3,049; six month, $3,153; one year, $3,257; two years, $3,361; three years, $3,465. 4)Authorize Request from Columbia Heights High School to assist in Staged Re-enactment MOTION: Move to approve the Police and Fire Department assist to the High School with a staged re-enactment of a fatal car accident involving an intoxicated driver and multiple injuries to other passengers on May 5, 2000, between the hours of 8:00 a.m. and 11:00 th a.m. This re-enactment is to be located at 49 Avenue and Fillmore Street N.E., which th would require blocking this street from 8:00 a.m. to 11:00 a.m. between 49 Avenue and Lincoln Street on Fillmore. Fehst indicated High School Student Council members were at the last work session requesting assistance of the Police and Fire Department to stage a re-enactment of a drunk driver accident. This is intended to be an educational tool for students. 5)Approve Permits for 2000 Jamboree MOTION: Move to authorize staff to close Jefferson Street from Monday afternoon, June 19, 2000 through Sunday, June 25, 2000. City Council Agenda April 24, 2000 Page 2 MOTION: Move to authorize the Police Department to issue a parade permit for the Jamboree Parade to be held on Friday, June 23, 2000, at 6:30 P.M. for the following thththth streets: Central Avenue at 45 Avenue to 40 Avenue, west on 40 Avenue to 5 Street, th and 5 Street to Mill Street. 6)Adopt Resolution #2000-38, being a Resolution to Award the 2000 Street Crack Sealing and Parking Lot Joint and Crack Sealing MOTION: Move to waive the reading of Resolution #2000-38, there being ample copies available to the public. MOTION: Move to approve and adopt Resolution No. 2000-38, accepting bids and award the 2000 Street Crack Sealing and Parking Lot Joint and Crack Sealing, Project #0001(A), to Northwest Asphalt Maintenance, Inc. of Goodridge, Minnesota, based upon their low, qualified, responsible bid in the amount of $19,404.00 to be appropriated from Fund 415- 50001-5130; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. RESOLUTION NO. 2000-38 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR CRACK SEALING PROJECT, #0001(A) TO NORTHWEST ASPHALT MAINTENANCE, INC. WHEREAS , pursuant to an advertisement for bids for 2000 Crack Sealing Project #0001(A) bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: BidderBase Bid Northwest Asphalt Maintenance Inc.$19,404 Astech Corp.$20,790 Daffinson Asphalt Maintenance$21,483 Bergman Companies Inc.$21,945 Bargen, Inc.$25,872 WHEREAS , it appears that Northwest Asphalt Maintenance, Inc. of Goodridge, Minnesota, is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: 1.The Mayor and Clerk are hereby authorized and directed to enter into a contract with Northwest Asphalt Maintenance, Inc. in the name of the City of Columbia Heights for 2000 Crack Sealing Project #0001(A), according to plans and specifications therefore approved by the Council. 2.The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made with their bids except the deposit of the successful bidder and the next lower bidder shall be retained until the contract has been signed. City Council Agenda April 24, 2000 Page 3 3.City Project #0001(A) shall be funded with approximately 100% City funds. th Dated this 24 day of April, 2000. Offered by:SzurekCITY OF COLUMBIA HEIGHTS Seconded by:Jolly Roll Call:All ayes Gary Peterson, Mayor Patricia Muscovitz, Deputy City Clerk 7)Authorization to seek bids for one (1) Chassis Mounted Pothole Patcher MOTION: Move to authorize staff to seek bids for one (1) new Chassis Mounted Pothole Patcher. 8)Authorization to seek bids for a Dump Truck, Plow, and Spinner Sander MOTION: Move to authorize staff to seek bids for a dump truck, plow and spinner sander. 9)Supplemental Agreement and Addendum with Mn/DOT for Central Avenue Signal MOTION: Move to approve Supplemental Agreement #1 to the Cooperative Agreement CP 9505 in the amount of $59,619.40 to Egan-McKay Electrical and $42,975.75 to the State of Minnesota Department of Transportation with funding appropriated from Mn/Dot and City State-Aid Funds. MOTION: Move to approve Addendum #3 to BRW in the amount of $18,000.00 for Professional Services for the Central Avenue Traffic Signal Revisions, City Project 1995- 05 phases I & II. 10)Establish Hearing Dates regarding License Revocation or Suspension of Rental Properties at 1407-1409 Circle Terrace and 4616 Tyler Street NE. MOTION: Move to establish a Hearing Date of May 8, 2000, for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Susan Loewenthal at 1407-1409 Circle Terrace. MOTION: Move to Establish a Hearing Date of May 8, 2000, for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Syed Raza at 4616 Tyler Street NE. 11) Close the Public Hearing regarding License Revocation or Suspension of Rental Property th at 500 40 Avenue MOTION: Move to close the Public Hearing regarding the Revocation or Suspension of th the Rental License held by A. C. Milan L.L.C. regarding rental property at 500 - 40 Avenue in that the property is in compliance with the Housing Maintenance Code. 12) Close the Public Hearing regarding License Revocation or Suspension of Rental Property at 4607 Pierce Street City Council Agenda April 24, 2000 Page 4 MOTION: Move to close the Public Hearing regarding the Revocation or Suspension of the Rental License held by Marilyn Dalseth regarding rental property at 4607 Pierce Street in that the property is in compliance with the Housing Maintenance Code. 13) Approve License Applications MOTION: Move to approve the items as listed on the business license agenda for April 24, 2000, contingent upon approval of all City and County Departments. 14) Payment of Bills MOTION: Move to pay the bills as listed out of proper funds. Hunter asked if the public is invited to the drunk driving accident re-enactment. Chief Johnson stated the public th was welcome to attend on May 5 from 8:00 to11:00 a.m. Motion carried. All ayes. 5. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS A.Proclamations 1.Arbor Day Proclamation Peterson read the Arbor Day Proclamation. Kevin Hanson, Public Works Director, stated he was pleased to accept this, and is proud of the tree management program we have in Columbia Heights. A tree planting th ceremony is planned at Sullivan Park, with Boy Scout Pack #66, April 29, at 10:00 a.m. He invited the City Council to attend. Wyckoff questioned the Tree City USA award. Hanson stated Columbia Heights was awarded th the Tree City USA award for the 8 year in a row. To qualify, we actively trim boulevard trees, replace boulevard trees, maintain our urban forest, and have a tree planting contract each year. B.Presentations C.Introduction of New Employees 1. Michael Kahnke - Police Officer Johnson introduced the newest Police Officer, Michael Kahnke. He listed Kahnke’s qualifications. Johnson swore him in, and the Mayor congratulated him. Officer Kahnke thanked everyone for this opportunity and stated he is looking forward to meeting members of the community. Johnson introduced Officer Kahnke’s family. D.Recognition 1.Recognition of Heights Theater and acceptance of donation - Becky Loader & Barb Miller Peterson stated the City Council has started to recognize businesses who have made improvements or done something special to benefit our City. He read the letter recognizing the Heights Theater for donating $2.00 from each ticket sold during their screening of the silent version of Peter Pan to the Columbia Heights Library. Dave Holmgren - Barb Miller and Becky Loader. Mayor Peterson, along with Barb Miller, Library Board, and Becky Loader, Library Director, presented Dave Holmgren with a Certificate of Appreciation from the City of Columbia Heights. Dave Holmgren stated he and his partner, Thomas Letness, were honored by this recognition and to be part of Columbia Heights. He stated that in the future, with the introduction of their pipe organ, the theater would receive world wide recognition; along with changes to the Dairy Queen, which is being featured in a large photo spread to show for future developments in historic areas. Barb Miller stated the Library Board is very pleased to receive this money which will be spent on children’s programs. She thanked the theater owners for City Council Agenda April 24, 2000 Page 5 what they are doing for the kids and for the City of Columbia Heights. Becky Loader stated that when Dave came to the library and wanted to donate money she was shocked, and he stated there may be more ways they can give money to the library. Peterson thanked Loader for her outstanding work as the Library Director and thanked Barb Miller for her work on the Library Board, as she always goes the extra mile for the Library. 2. Recognition of Promotion for Corporal Ted Fischer - not present 3. County Recycling Award presented by Jean Kuehn Jean Kuehn, Special Projects Coordinator, presented the Council with an Award received from the Anoka County Commissioners for recycling efforts in 1999, resulting in 1,825 tons of material. Columbia Heights far surpassed their goal. She stated Columbia Heights is only one of 6 cities in this county who has consistently achieved their goal for the last 11 years. Peterson stated his appreciation of Jean Kuehn’s work and thanked the community for their recycling efforts. 6. PUBLIC HEARINGS A. Public Hearing for Revocation/Suspension of Rental Housing License at 966 44-1/2 Avenue Peterson closed the public hearing as the property at 966 44 ½ Avenue has been brought into compliance. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1. Adopt Resolution #2000-40, being a Resolution authorizing Eminent Domain of the property located at 4101 Central Avenue NE. Jim Hoeft, City Attorney, stated this resolution is the formalization of the action requested by City Council at their last meeting to authorize Eminent Domain proceedings for 4101 Central Avenue. MOTION by Szurek, second by Hunter, to waive the reading of Resolution #2000-40, Motion carried. there being ample copies available to the public. All ayes. MOTION by Szurek, second by Hunter, to adopt Resolution #2000-40, being a Resolution authorizing Eminent Domain of the property 4101 Central Avenue NE. Upon roll call vote: Szurek, yes; Jolly, no; Wykoff, yes; Hunter, yes; Peterson, yes. Motion carried. Hoeft spoke of his conversation with the FMF attorney regarding the purchase of 4101 Central to avoid eminent domain proceedings. He asked that Council members speak to the City Manager to develop a response offer. RESOLUTION NO. 2000-40 BEING A RESOLUTION DETERMINING THE NECESSITY FOR AND AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY BY PROCEEDINGS IN EMINENT DOMAIN WHEREAS , the City Council has heretofore determined that the City of Columbia Heights should move forward in implementing its downtown redevelopment plan. City Council Agenda April 24, 2000 Page 6 NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA, AS FOLLOWS: 4.Acquisition by the City of the following described property is necessary for the purpose of downtown redevelopment: Parcel 1:Lots 27, 28, 29, 30, and west ½ of Lot 31 (except south 5 feet of Lots 29 and 30 for street purposes) (ex. North 120 feet of west ½ of Lot 31), Block 4, Reservoir Hills, Anoka County, MN Parcel 2:South 20 feet of Lot 26, Block 4, Reservoir Hills, Anoka County, MN 5.The City Attorney is authorized and directed on behalf of the City to acquire the real estate above described by the exercise of the power of eminent domain pursuant to Minnesota Statutes, Chapter 117. The City Attorney is further authorized to take all actions necessary and desirable to carry out the purposes of this resolution. th Adopted by the City Council this 24 day of April, 2000. Offered by:Szurek Seconded by:Hunter Roll Call:Aye - Szurek, Wyckoff, Hunter, Peterson Nay - Jolly CITY OF COLUMBIA HEIGHTS Gary L. Peterson, Mayor ____________________________ Patricia Muscovitz, Deputy City Clerk B. Bid Considerations C. Other Business 1. Approval of Competitive Franchising Policies and Procedures for Cable. Fehst indicated Steve Guzzetta, Attorney for the City in Cable related matters, was present to answer questions. Fehst recommended adopting these policies and procedures regarding competitive cable franchises. State law set minimum policies in the early 80's. The current process is antiquated and this is an attempted to bring the process more up to date. The City has been contacted by an interested company named, Wide Open West. Wyckoff stated this would be the first time there would be competition to MediaOne. Guzzetta indicated they would be more than cable service, such as phone service and Internet access. Guzzetta stated they pledged to carry our government channel and PEG access. It is not a satellite system. Guzzetta indicated they are proposing a 350 channel capacity. Guzzetta indicated they would pay a five percent franchise fee. Szurek questioned how the duplication of providers would work. Guzzetta indicated this may require another box in the yard, or other options we will not know about until they apply. MOTION by Wyckoff, second by Szurek, to adopt the Policies and Procedures Governing Application, Review, and Recommendations Regarding Grant of Competitive Cable City Council Agenda April 24, 2000 Page 7 Motion carried. Franchises dated April 12, 2000. All ayes. 2.Approval to Publish Notice of Intent to Franchise Guzzetta this is also a function of the previous item. Local franchises must solicit for applications to comply with state law. There is another company showing interest, called Everest Connections. Fehst stated that in the beginning it was thought there would be no economic advantage to having more than one company, but with the advancements in technology, this is feasible. Fehst questioned the cost to wire a city for these services. Guzzetta estimated it would be in the tens of millions of dollars. Companies are counting on Internet access to make this a viable business. It is estimated the City could possibly support three providers. Jolly questioned if fees will be comparable. Guzzetta indicated they would include a rate sheet with their application, and felt they would not be the lowest in price, but provide greater services. They have already given presentations to various cities. We need to begin the process by publishing the Notice of Intent to Franchise. They will submit an application for just the City of Columbia Heights, independent of any other community. Jolly questioned if they are telling us the same thing as other cities, if joining with other cities would be an advantage, and if the League of MN Cities has looked at this? Guzzetta stated that the legal firm that handles this does so for 50 - 60 communities. Fehst stated we could always use better local access studios, which could be part of the negotiation process. Guzzetta indicated it is harder to assess the value in PEG support here, and would take longer to draft the document. He was not sure of any major benefits to be gained in joining with other communities. In the northern metro area they have combined cities, which allows them to have nice studios and they get information from their surrounding communities. Fehst referred to a report that indicated more than 50% of residents watch local programing at some point during the week. Guzzetta stated this may be something to look at which may be a great value to a community of this size. Guzzetta reviewed the background and affiliates of Wide Open West. MOTION by Wyckoff, second by Szurek, to publish the attached Notice of Intent to Franchise, soliciting applications from qualified entities that are interested in constructing a cable system and providing cable service within the territorial limits of the City. All ayes. Motion carried. 3. Metricom Agreement Guzzetta referred to the Metricom agreement, stating there are a few corrections necessary. Negotiations are continuing. Metricom has agreed to these changes only for the City of Minneapolis. Guzzetta recommended the City Council use this same agreement, as he felt Metricom should give us the same considerations as Minneapolis. Hunter stated they should be required to have a performance bond. Guzzetta indicated this is not covered under the Minneapolis agreement, but he feels it is necessary. Guzzetta indicated that a couple of other communities have gone with slightly different agreements. Fehst stated that Metricom originally stated that City approval is not required, but they would offer a one percent fee. Metricom stated to Guzzetta that we must take the original agreement or they will not come into the community. Fehst felt we should stay with the revised agreement. Guzzetta is also suggesting to other communities he represents to stick with the revised agreement, so as to create a service hole if they don’t agree. Szurek asked if this model agreement is the same as Minneapolis’s. Guzzetta stated it was. MOTION by Szurek, seconded by Wyckoff, to authorize the Mayor and City Manager to enter into a Right-of-Way Permit and Facility Use Agreement with Metricom, subject to inclusion of the provision as outlined in the model agreement prepared by Bernick and Motion carried. Lifson. All ayes. City Council Agenda April 24, 2000 Page 8 8. ADMINISTRATIVE REPORTS A. Report of the City Manager Fehst indicated today’s release from the Minnesota Housing Finance Agency Housing Assist Program of funds for the 2000 First Time Home Buyers Program, with an interest rate of 6.65%, funds being available until October 20, 2000. Columbia Heights previously applied individually, but this year was combined with Anoka County who has been allotted $3,348,021. Applications are taken on a first come - first serve basis. This is a wonderful program for existing homes under $149,485 and new homes under $134,257. Jean Kuehn was asked to post this information on cable television. B. Report of the City Attorney 9. GENERAL COUNCIL COMMUNICATIONS A.Minutes of Boards and Commissions 1)Meeting of the March 21, 2000 Housing & Redevelopment Authority 2)Meeting of the April 4, 2000 Library Board of Trustees 3)Meeting of the April 4, 2000 Planning & Zoning Commission 4)Meeting of the March 21, 2000 Economic Development Authority 10.CITIZENS FORUM (At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. The citizen is requested to limit their comments to five minutes. Please note, the public may address the Council regarding specific agenda items at the time the item is being discussed.) Wyckoff reported that today Ken Anderson and she spoke to Metro Transit regarding route changes which will be effective September, 2000. She stated Bus #801 will run every hour to either Rosedale or Brookdale. Anderson indicated they were very receptive to Columbia Heights and pleased with our cooperation. The full Metro Council will vote on this May 3. Peterson thanked Julie Wyckoff and Ken Anderson for their efforts. rd, Wyckoff stated that the April 23 edition of the Star Tribune entertainment section there was an article on the Balkan Express Coffee Shop. She was pleased, as this helps to show there is so much happening for the positive on Central Avenue. th Dick Dustin, 1708 39 Avenue, stated there is a very large temporary sign at the smoke shop in the Little Chief shopping center. Fehst indicated businesses are allowed three permits per year, for an eleven-day period. The periods can run consecutively or separately. December is a “free” month for Christmas promotions. Anderson will follow up on this tomorrow. Dustin was concerned that it is a very large sign. th Dustin expressed his concern with the appearance of the new building on 40 Avenue, next to Merit Siding, that is a pole barn type building. He requested someone talk to them to see if they could put vinyl on the front of the th building and possibly a fascia to improve this building. He also suggested changing the ordinance for 40 and Central Avenues, addressing pole barn type buildings, as they don’t blend in. Dustin asked if they were required to pave the back of the lot? Anderson stated they are required to hard surface their parking area, but there is a 15-foot parcel adjacent to this and he is trying to get the adjacent owners to contribute toward paving this small parcel. This would be a civil matter as it is not a platted right-of-way. Hoeft stated that if the area is not paved, it cannot be used for driving or parking purposes, and would be considered a City Council Agenda April 24, 2000 Page 9 landscaped area. Hoeft indicated this building is consistent with the existing code. Hunter agreed that a friendly approach in talking to them would be the best. Dustin suggested they side the building at least down to the fence line, and add a fascia to the roof. Peterson suggested a letter from the City Council with their signatures, to address these concerns. Peterson felt pole barn buildings should only be allowed in the industrial area. 11.ADJOURNMENT MOTIONMotion A. by Wyckoff, second by Szurek, to adjourn the meeting at 8:25 p.m. All ayes. carried. _________________________________ Patricia Muscovitz, Deputy City Clerk