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