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HomeMy WebLinkAboutDecember 27, 2000 OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING DECEMBER 27, 2000 1. CALL TO ORDER/ROLL CALL The regular meeting of the City Council was called to order at 7:05 p.m. on Monday, December 11, 2000 in th the City Council Chambers, City Hall, 590 40 Avenue NE, Columbia Heights. Present: Councilmember Jolly, Councilmember Wyckoff, Councilmember Hunter, and Mayor Peterson Absent: Councilmember Szurek 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA None. 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. Motion to approve the Consent Agenda items as follows: 1) Minutes for Approval Motion to approve the minutes of the December 11, 2000, regular City Council meeting as presented. 2) Establish Work Session Meeting Date for January, 2001 Motion to establish a Work Session meeting date of Wednesday, January 17, 2001 beginning at 7:00 p.m., and to cancel the Work Session meeting date of Tuesday, January 2, 2001. 3) Establish John P. Murzyn Hall rental rates for 2002, and revise the Hall Management Plan discount policy Motion to adopt the 2002 Murzyn Hall rental rates and revisions to the JPM Management Plan regarding the discount policy as outlined by the Park and Recreation Commission at their meeting of December 13, 2000. Linda Magee, Assistant to the City Manager, stated the rates are being increased five percent for 2002 Murzyn Hall rentals and revisions have been made to the discount policy as recommended by the Park and Recreation Commission. 4) Adopt Resolution No. 2000-100, being a resolution establishing senior citizens or retired and disabled persons hardship special assessment deferral Motion to waive the reading of Resolution No. 2000-100, there being ample copies available to the public. Motion to adopt Resolution 2000-100 establishing a new maximum income of $17,900 for senior or retired and disabled persons to be eligible for special assessment deferral. Magee stated the current maximum income level is $17,700. City Council Minutes December 27, 2000 Page 2 of 9 RESOLUTION NO. 2000 - 100 BEING A RESOLUTION ESTABLISHING SENIOR CITIZENS OR RETIRED AND DISABLED PERSONS HARDSHIP SPECIAL ASSESSMENT DEFERRAL Whereas, immediate payment of special assessments or installments on special assessments cast an undue hardship on some persons owning homestead properties who are 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make payments, and Whereas, Minnesota Statutes 435.193 - 435.195 makes it possible for a home rule charter city to pass a resolution establishing standards and ' guidelines for determining the existence of a hardship and for determining the existence of a disability. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS: 1. This deferral procedure shall apply only to assessments which are payable in five or more annual installments. 2. This deferral procedure shall apply only to property owned and occupied by the elderly, retired, or disabled applicant. Ownership and occupancy must be of the same nature as would qualify the applicant for a homestead exemption for tax purposes. 3. This deferral procedure shall apply only to homestead property owned by a person 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make payments. Permanent and total disability shall have the same definition for purposes of assessment deferral as is used for social security purposes. 4. This deferral procedure shall not be construed as to prohibit the determination of hardship on the basis of exceptional and unusual circumstances not covered by the standards and guidelines herein so long as determination is made in a nondiscriminatory manner and does not give the applicant an unreasonable preference or advantage over other applicants. 5. In order to obtain a deferral of an assessment, the homeowner must make application on the forms prescribed by the City of Columbia Heights Assessment Clerk. 6. In granting a deferred assessment, the Council shall determine in its resolution approving the assessment roll the amount of interest, if any, to be charged on the deferred assessment. 7. The option of the homeowner to defer the payment of special assessments shall terminate and all amounts accumulated plus applicable interest shall become due and payable upon the occurrence of any of the following events: a. the death of the owner, provided that the spouse is not otherwise eligible for benefits hereunder; b. the sale, transfer or subdivision of the property or any part thereof; c. if the property should for any reason lose its homestead status; or d. if for any reason the City shall determine that there would be no hardship to require immediate or partial payment. 8. No deferral may be granted unless the homeowner makes application to the City Assessment Clerk within thirty (30) days after adoption of the assessment by the Council. 9. The deferral shall apply to only 50% of the annual installment payment. If the 50% is not paid in a timely manner, the balance of the annual installment along with all future installments shall become immediately due and payable. 10. No deferral shall be granted to any owner who has a gross annual household income from all sources in excess of $17,900.00. 11. No deferral may be continued from year to year unless the owner shall file a renewal application before September 15th of each year. 12. No special assessment may be deferred for a period longer than the time set by the Council as the time over which the project is to be assessed. 13. Interest on deferred assessments shall be at the rate set by the Council in its resolution adopting the assessment roll, and such interest shall be added to the amount deferred and shall be paid in accordance with Minnesota Statute 435.195 and this Resolution. ' Passed this 27th day of December, 2000. Offered by: Jolly Seconded by: Hunter Roll Call: All ayes _________________________________________________ Mayor Gary L. Peterson _____________________________________________________ Patricia Muscovitz, Deputy City Clerk City Council Minutes December 27, 2000 Page 3 of 9 5) Authorize Replacement of 1985 Water Flush Truck Motion to authorize the purchase of one (1) new Cab-over Cargo Chassis from Boyer Trucks for a Sterling SC700 Cab over chassis in the amount of $49,715, plus tax and license. The cost would be appropriated from Capital Equipment Replacement Fund No. 431-43121-5150. 6) Approve amendment No. 2 for Central Avenue Street, Utility and Streetscaping Design Motion to authorize Amendment No. 2 in the amount of $83,100 to BRW for Central Avenue thth Streetscaping from 37 to 45 Avenues as detailed in the attached proposal letter dated December 12, 2000 for a revised professional services agreement of $247,100; and, authorize the Mayor and City Manager to amend the agreement for the same. 7) Renewal of Professional Services for Continuation of Safety Management Program Support services for the Public Works Dept. Motion to accept the proposal dated December 4, 2000 from Integrated Loss Control, Inc., for Safety Management Program Support services for the Public Works Department in an amount not-to- exceed $7,224; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. 8) Authorize Long-Term Disability Insurance Provider Motion to authorize the Mayor and City Manager to execute the necessary documents with Jefferson Pilot Insurance for provision of long-term disability insurance effective February 1, 2001. Magee stated the City is currently under contract with Standard Insurance, and this change would decrease our costs by one-half. 9) Adopt Resolution No. 2000-99, being a resolution regarding labor agreement between the City of Columbia Heights and Teamsters, Local 320, Police Sergeants Motion to waive the reading of Resolution No. 2000-99, there being ample copies available to the public. Motion to adopt Resolution No. 2000-99, regarding the Labor Agreement between the City of Columbia Heights and the Teamsters, Local 320, Police Sergeants, effective January 1, 2001 to December 31, 2003. Magee stated this is a three year agreement, providing a 3.5 percent salary increase each year, with an insurance increase of $20, $30, $30 respectively. RESOLUTION 2000-99 REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND TEAMSTERS, LOCAL 320, POLICE SERGEANTS WHEREAS, negotiations have proceeded between the Teamsters, Local 320, representing Police Sergeants of the City, and members of the City negotiating team, and said negotiations have resulted in a mutually acceptable contract for calendar years 2001, 2002, and 2003; WHEREAS, a copy of said contract is available for inspection at the Office of the City Manager and is made a part hereof by reference; NOW, THEREFORE, BE IT RESOLVED that the contract agreement as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 2001, 2002, and 2003 for Teamsters, Local 320-Police Sergeants, bargaining unit employees of the City; and City Council Minutes December 27, 2000 Page 4 of 9 BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this agreement. th Passed this 27 day of December, 2000. Offered by: Jolly Seconded by: Hunter Roll Call: All ayes ________________________ Mayor Gary L. Peterson _____________________________ Patricia Muscovitz, Deputy City Clerk 10) Continue agreement with Honeywell for off-site energy management services and equipment maintenance services Motion to authorize the Mayor and City Manager to enter into a one-year agreement with Honeywell for the provision of off-site energy management services and equipment maintenance services at a cost of $69,924. Magee stated this agreement would be a continuation of the current agreement, reflecting a 3% increase. 11) Adopt Resolution No. 2000-92, being a resolution approving the appointment of Commissioners to the Columbia Heights Economic Development Authority Motion to waive the reading of Resolution No. 2000-92, there being ample copies available to the public. Motion to adopt Resolution 2000-92, being a Resolution Approving the Appointment of Commissioners to the Columbia Heights Economic Development Authority. Magee stated this would re-establish the term of Councilmember Szurek, and appoint Councilmembers- elect Bobby Williams and Bruce Nawrocki. RESOLUTION NO. 2000-92 BEING A RESOLUTION APPROVING THE APPOINTMENT OF COMMISSIONERS TO THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY. WHEREAS , the City has, by the adoption of Resolution No. 96-01 (enabling resolution), duly created an Economic Development Authority (EDA) for the City of Columbia Heights pursuant to Minnesota Statutes, Chapter 469 (Act), and WHEREAS , the Enabling Resolution provides that the Board of Commissioners of the EDA shall consist of seven members, at least two, but not more than five, of who must be members of the City Council, and WHEREAS , the Mayor has this day re-appointed the following person as Commissioner of the EDA for the term as indicated: Marlaine Szurek Term ending January 8, 2007 WHEREAS , the Mayor has this day appointed the following persons as Commissioners of the EDA for the terms as indicated: Robert A. Williams (Bobby) Term ending January 8, 2005 Bruce Nawrocki Term ending January 8, 2003 City Council Minutes December 27, 2000 Page 5 of 9 NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves the appointment of Marlaine Szurek, Robert A. Williams and Bruce Nawrocki to the aforementioned terms of the Columbia Heights Economic Development Authority. th Passed this 27 day of December, 2000. Offered by: Jolly Seconded by: Hunter Roll Call: All ayes ______________________________ Mayor Gary L. Peterson _________________________________ Patricia Muscovitz, Deputy City Clerk 12) Establish Hearing Date regarding License Revocation or Suspension of Rental Properties at 1224- 1226 Circle Terrace Motion to establish a hearing date of January 8, 2001 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Salman Ali, 1224-1226 Circle Terrace. 13) Approve Software Support Agreement with ACS, Inc. Motion to authorize the Mayor and City Manager to enter into a three-year software support agreement with ACS, Inc., formerly Business Records Corporation, for maintenance of financial software packages at a cost not to exceed $26,937.70 billed annually at $8,801.96 for 2001, $8978.22 for 2002, and $9,157.52 for 2003. 14) Approve Final Payment of Parkview Villa Elevator Modernization Project Motion to accept the work for the elevator modernization project at Parkview Villa North and to authorize final payment of up to $35,465.11 to Millar Elevator Service Company of St. Paul, Minnesota subject to receipt of final application and certification for payment and lien waiver documents. Magee stated the final application, certifications for payment, and lien waiver were received today. 15) Approve License Applications Motion to approve the items as listed on the business license agenda for December 27, 2000 and to deny the application by Jerome Emond for a license to drive a taxicab within the City due to concerns with his conduct and driving record as expressed by the Police Department. 16) Approve Payment of Bills Motion to pay the bills as listed out of the proper fund. Julienne Wyckoff stated City Manager, Walt Fehst was out of town for the holiday. Wyckoff questioned items 4-A-3, Murzyn Hall rates and how often these rates are raised. Magee explained the new rates are for 2002 reservations, while reservations for 2001 will remain the same. Bruce Nawrocki, 1255 Polk Place, questioned items 4-A #2, #3, and #11. He felt the new City Council should set the January 2001 meeting dates, and any special meeting items should be set when scheduling the th meeting. Peterson stated the organization meeting will be held on January 17, as Mr. Williams will not be present until then. Nawrocki stated the agenda items such as establishing depositories and newspapers City Council Minutes December 27, 2000 Page 6 of 9 should be designated at the organization meeting. Nawrocki asked for a written opinion from the City Attorney on scheduling special meetings and announcing the items to be discussed. Nawrocki disagreed with allowing only one discount to be used by residents renting Murzyn Hall. He gave the example that a resident will now pay $80 for a two-hour rental, compared to $49 if allowed to use the previous discounts. He felt the resident rate should reflect a residents initial investment and yearly taxes to maintain this hall. Magee stated this would eliminate the double discount. Peterson stated the Park and Recreation Commission made this recommendation following criticism that Murzyn Hall is losing money Peterson suggested Mr. Nawrocki address this Commission with his concerns. Nawrocki questioned the appointment of EDA commissioners. Peterson stated that the two outgoing Councilmembers resigned and are replaced by current Councilmembers. In addition, Anderson corrected Resolution #2000-92 indicating it is Councilmember Szurek who is to be reappointed, not Pat Jindra. The addresses will be corrected on the EDA Commissioner list. MotionAll ayes. Motion by Jolly, second by Hunter to approve the consent agenda items as listed. carried. 5. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS A) Proclamations B) Presentations Mayor presented plaques to outgoing Councilmembers Don Jolly and John Hunter. Peterson also read a statement and presented each with a picture. 1) Decision Resources – Community Survey Results Magee stated the City engaged the services of Decision Resources, Ltd. to assess community needs by surveying 400 Columbia Heights families. Several members of the community compiled the survey questions. Participants were contacted between October and December of 2000. Mr. Bill Morris presented the compiled statistics. The company spoke with 400 random households, with a refusal rate of less than 3%. Results were projected to be accurate of adults to within plus or minus 5 percent of a representative sample. Topics covered in the 2000 Residential Study included: · Quality of Life Rating · What Residents Like Most About Columbia Heights. · Most Serious Issues · Direction of the City of Columbia Heights · Community Characteristics · Property Tax Perceptions · City Service Ratings · Neighborhood Appearance · Code Enforcement · City Government and Staff · Contact of City Facilities · Feelings toward “Eminent Domain” · Specific Use of Eminent Domain · Like Most about Downtown City Council Minutes December 27, 2000 Page 7 of 9 · Like Least about Downtown · Downtown Development Preference · Downtown Development Projects · Downtown Advertising Ordinance · Principal Retail Shopping area · Principal Grocery Store · Industrial Park · Industrial Park Redevelopment · Public Safety Problems · Safety and Police Response · Local Governments · Main Source of Information · “Heights Happenings” · Cable Television · On-Line Access Mr. Morris stated that over all, the city does an outstanding job at city services. Residents are most concerned about redevelopment of the downtown area with restaurants and clothing stores, and are interested in attracting more job opportunities. Mr. Morris gave the percentage of survey respondents by precincts. Hunter and Jolly appreciated the thorough report and detailed graphics. Magee indicated that a final report would be received. Wyckoff stated this would give the Council a direction to work towards. She suggested sending a letter to Rainbow Foods for their service to the community, and to Janice McGhee-Fetzer for her work on the Heights Happening. Peterson thanked Mr. Morris for the presentation. He stated that staff does an excellent job and it is nice to be reassured that the community is aware of this. Peterson read a letter from a resident thanking our public servants. He mentioned several water main breaks that were repaired, followed by extensive snow plowing efforts. C) Introduction of New Employees D) Recognition 6. PUBLIC HEARINGS th A) Close the Public Hearing for Revocation/Suspension of Rental Housing License at 4421 5 Street NE Peterson closed the public hearing as this property is not considered rental property. 7. ITEMS FOR CONSIDERATION A) Other Ordinances and Resolutions B) Bid Considerations C) Other Business 1) Approve Amendment to Easement Agreements with NEI College of Technology Motion by Jolly, second by Hunter, to approve the Amendment of Easement Agreement for Document No. 328271 and Amendment for Easement for Document No. 596930 as presented in writing; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. City Council Minutes December 27, 2000 Page 8 of 9 Ken Anderson, Community Development Director, stated current easement revisions were deemed necessary for the proposed transition block development. He described the new roadway easements, and recommended the motion be amended to include two conditional approvals stating “Approval subject to receipt of the new deed for roadway purposes, and reviewed approval by the City Engineer. amendment to the motion “Approval subject to receipt of the new Jolly and Hunter accepted the deed for roadway purposes, and reviewed approval by the City Engineer.” All ayes. Motion carried. Upon vote, 2) Approve Amendment to Contract for Private Development – Metro Assemblies Motion by Wyckoff, second by Jolly, to approve the proposed First Amendment to the Contract for Private Development between the HRA, City of Columbia Heights, and Robert C. Barnick and Priscilla A. Barnick, dba Metro Assemblies; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same, subject to modifications that do not alter the substance of the transactions and are approved by the officials authorized to execute these documents, provided that execution of the documents by such officials is conclusive evidence of their approval. Anderson stated the City is reviewing TIF Cash Flow Analysis regarding Pay As You Go districts. He explained legislative changes and their negative results on the district. Anderson asked the City Council to approve an amendment to the contract with Robert and Priscilla Barnick, owners of Metro Assembly to extend the years of collection from 2011 to 2019. This would allow the City to collect TIF funds to the maximum term of 25 years and be made whole based on original repayment amounts as stated in the agreement. The contract amendment will reflect the change of Mr. And Mrs. Barnick as sole proprietors. Nawrocki questioned funds returned by the Legislature for TIF losses and where they will go. Anderson stated there is a TIF Grant Program, from which the City received over $300,000, which will be identified to replenish what the City receives. Funds do not go to the Pay As You Go Districts as the City has no obligations; this is two separate programs. All ayes. Motion carried Upon vote: . 8. ADMINISTRATIVE REPORTS D) Report of the City Manager Magee reported that at the Work Session of December 18, the City Council discussed the potential of using the former Marshall’s site for the Library. A letter was subsequently sent to Robert Grootwassink of Grootwassink Real Estate, expressing appreciation for his time spent providing information, and indicating at this time that the Council would like to explore other options for use as a potential library site. E) Report of the City Attorney None 9. GENERAL COUNCIL COMMUNICATIONS A) Minutes of Boards and Commissions 1) Meeting of the December 5, 2000, Public Library Board of Trustees 2) Special Meeting of the December 7, 2000, Public Library Board of Trustees 3) Meeting of the December 13, 2000, Park and Recreation Commission City Council Minutes December 27, 2000 Page 9 of 9 4) Meeting of the November 14, 2000, Economic Development Authority 10. CITIZENS FORUM Jerome Emond questioned if his taxi license was denied and asked if probation was considered. Magee indicated the Police Department recommended denial of this request, and Mr. Emond was sent a letter by the Licensing Clerk referencing the Police Department’s findings. The City Council moved to deny the request earlier on this agenda. Peterson explained to Mr. Emond that he could appeal this decision to Captain Roddy of the Police Department. Mayor Peterson thanked Don Jolly and John Hunter for their service to the community. All Councilmembers added comments. 11. ADJOURNMENT Mayor Peterson adjourned at 9:50 pm. _______________________________________ Patricia Muscovitz, Deputy City Clerk