HomeMy WebLinkAboutNovember 9, 2009OFFICIAL PROCEEDINGS
CITY OF COLUMBIA HEIGHTS
CITY COUNCIL MEETING
NOVEMBER 9, 2009
The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday,
November 09, 2009 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights,
1V1N. Resolutions may be found at the end of this doczznzent.
CALL TO ORDER/ROLL CALL/INVOCATION
Chaplain Bob Lyndes, Crest View Communities, gave the Invocation.
Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember
Diehm, Councilmember Kelzenberg
PLEDGE OF ALLEGIANCE -recited
ADDITIONS/DELETIONS TO MEETING AGENDA
Mayor Peterson removed tabled Resolution 2009-173, in that the property has been brought into
compliance. Peterson also removed Resolution 2009-181, for 4344 2°d Street in that the property has
been brought into compliance.
Nawrocki requested to add discussion of items under Other Business, and under the Manager's
Report an update on the public safety building and the sump pump program.
PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS
A. Donation by Jeffs Bobby and Steve's Auto World for Huset playground
Jeff Babe Cte .~e ~x~illiams Tared Scheeler rarolx,,; Graan and Heidi Varrorlinnr xxJara in
, v , .. , ~.. J x v~.ax, u xu u~~.x uuva v vi ~. ut
attendance, representing the Bobby and Steve's Auto World Youth Foundation, to present a
donation of $38,000 toward the Huset playground equipment. Bahe stated that the funds were
raised primarily through their charity golf tournament. Green spoke on the Youth Foundation
causes they have helped. This is the Foundation's largest donation to date, and was supported by
businesses such as Holy Land Foods, Buffalo Wild Wings, Sarna's Griil, MN Petroleum, Porta
Del Sol, Taste Pizza, We're Smoking Now, and other local businesses.
Nawrocki questioned the promise of a donation for Ramsdell Park. Bahe stated the Foundation's
next project is Castle Heights Park, which is part of our schools, and then on to a project for the
City of Bloomington. Bahe stated the Foundation holds a charity ice fishing contest and invited
everyone to attend. Peterson stated his appreciation for the significant donation and the
Foundation's effort in raising these funds.
CONSENT AGENDA
Nawrocki requested to remove items C, E and F.
City Manager Walt Fehst took Council members through the Consent Agenda items:
A. Approve minutes of the City Council meeting
Motion to approve the minutes of the October 26, 2009 City Council meeting
B. Accept minutes of the Columbia Heights Boards and Commissions
Motion to accept the July 28, 2009 minutes of the HRA.
Motion to accept the October 15, 2009 minutes of the Charter Commission.
Motion to accept the November 3, 2009 minutes of the Planning and Zoning Commission.
Motion to accept the October 7, 2009 minutes of the Library Board.
City Council Minutes
Monday, November 09, 2009
Page 2 of 8
C, Establish a budget review work session date of November 30, 2009. -removed
D. Approve Transfer of Funds from General Fund to Police Dept. Budget re JAG I Grant Overtime
Reimbursement
Motion to transfer $7,515.35, the amount of money received from Anoka County as
reimbursement for overtime under the JAG I grant for the third quarter of 2009 (July 1 to
September 30, 2009) from the General Fund to the Police Department 2009 Budget line 1020,
Overtime.
E. HVAC Preventive Maintenance Services for City Facilities -removed
F. Refuse and Recycling: Contract award -removed
G. Approval of the attached list of rental housing license applications in that they have met the
requirements of the Property Maintenance Code.
Motion to approve the items listed for rental housing license applications for November 9, 2009.
H. Approve Business License Applications
Motion to approve the items as listed on the business license agenda for November 9, 2009 as
presented.
Nawrocki referred to 3901 University should be 3901 Central, for the auto license.
I. Approve payment of the bills
Motion to approve the paymelit vv^f b1iiS ^vLit of the proper itiiids aS iiSted lii the aliacl'ii„d rCglSter
covering Check Number 132319 through Check Number 132494 in the amount of
$1,752,574.1.
Motion by Diehm, second by Kelzenberg, to approve the Consent Agenda items, with the exception
of items C, E, and F. Upon vote: AlI ayes. Motion carried.
C. Establish a budget review work session date of November 30.2009.
Nawrocki indicated that with the 13.6 percent increase in city property taxes and the use of
$600,000 in reserve funds, discussion is important. He stated concerned with using that amount
of reserve funds. Nawrocki asked that the City Manager submit information on how to reduce the
budget to a six percent increase, even though he made this motion and it did not pass, he would
like to know how we could do this if we wanted to. He again recommended bidding out long
standing contracts such as legal services. Recently Eden Prairie took bids on legal services and
obtained a 25 percent reduction in their civil contract, from $240,000 reduced to $180,000. We
could save money on criminal work, because in most situations the firms use less expensive
personnel.
Peterson indicated that the work session will be held at 825 41St Avenue NE, the new Public
Safety building.
Motion by Kelzenberg, second by Diehm, to establish a City Council Work Session meeting for
budget review on Monday, November 30, 2009 beginning at 7:00 p.m. in the Curtis Ramsdell
Conference Room at the Public Safety Building. Upon vote: All ayes. Motion carried.
E, HVAC Preventive Maintenance Services for City Facilities
City Council Minutes
Monday, November 09, 2009
Page 3 of 8
Nawrocki indicated that Council did not see these RFP specifications. Hansen stated the contract
covers all city buildings except Murzyn Hall and the new Public Safety building. The Public
Safety building is still under warranty and Murzyn Hall is covered by Honeywell. This is for
preventive maintenance and not equipment replacement. We are trying to save money and
establish a fund for equipment replacement when needed. Nawrocki asked what equipment
Honeywell replaced. Hansen stated that nothing major was replaced and this contract will be less
than half of the Honeywell contract, not including Murzyn Hall. Nawrocki referred to the
replacement need of a cooling unit on the Library roof. Hansen stated that the past contract
would have only replaced parts on the current unit. Fehst stated they did not replace normal wear
items. Hansen stated that a replacement cooling unit for the Library should be approximately
$3,000 to $5,000.
Motion by Kelzenberg, second by Williams, to accept the bids for HVAC Preventive
Maintenance Services from NSI Horwitz for City facilities, based upon their low, qualified,
responsible bid and, furthermore, to authorize the Mayor and City Manager to enter into a 3-year
contract for the same. Upon vote: All ayes. Motion carried.
F. Refuse and Recce ling: Contract award
Nawrocki questioned when rate changes will be discussed. Hansen stated this will be reviewed
internally and brought before the City Council the first quarter of 2010. Nawrocki indicated that
we will change contractors. There will be a medium size bin for recycling, with pick up every
second week. Nawrocki questioned page three of the contract regarding the limit of weight per
cart, charging extra for heavy items such as stone and carpeting. Hansen stated the wording is
similar to rnir c•~irrent r~nntraCt l~mitin ~..~hat ,,S d1S'",ncA.7 .,f ~+ +l,A ..,,rt, ~l,' t, ' +.,,ii~> ~7,«00
- g r ~,,...,~ u~ llltJ .,u.~, vv ii.cii is esser~«u~~y ~~u.,.,
times the amount of the container at no additional charge. Additional and excessive amounts will
be charged back to individual property ov~~ners. We did not have an issue with Allied Waste on
this.
Hansen stated there was a public bid process, with Veolia submitting the low bid, replacing the
current contactor at the end of the year. The name on the container will change but pickup days
will remain the same. We will change to single sort recycling, with 65 gallon containers and
pickup every other week. We hope to encourage more recycling in the community and waste
reduction. The pick up point for recycling will now be with the regular waste, in the alleys.
Information will be in the city newsletter, the web site, and mailings to all property owners
providing contact information.
Motion by Nawrocki, second by Williams, to approve the contract for Refuse, Recycling, Yard
Waste, and White Goods Services with Veolia Environmental Solid Waste Services fora 5-year
contract term. Upon vote: A11 ayes. Motion carried.
PUBLIC HEARINGS
A. Adopt Resolution 2009-181 4344 2nd Street N.E. being a Resolution approving rental license
revocation for failure to meet the requirements of the Property Maintenance Codes -removed
B. Adopt Resolution. 2009-182, 3930 University Avenue N.E. being a declaration of nuisance and
abatement of violations within the City of Columbia Heights.
Deb Johnson, 4626 Pierce Street, stated they drove by this house; it is very bad and should be
demolished. Fehst stated this is commercial property with sever pollution on the site. The new
owners are applying for clean up grant money.
City Council Minutes
Monday, November 09, ?009
Page 4 of 8
Miscellaneous -Hazel Erickson, 999 ~1S` Avenz.~e NE, stated disappointment with the playground
being installed across from her condo. Residents were not made aware of this and are afraid the
noise may make it difficult to sell her condo. She stated they would like to be better informed,
and do not receive the Sun Focus, but do not wish to receive it.
Discussion back to 3930 University Avenue - Nawrocki stated this is the most atrocious building
in town. The only appropriate abatement would be to tear it down and we should have the owner
do so. Fehst stated this was a nuisance abatement to board up the building. Jim Hoeft, City
Attorney, stated the contamination clean up would exhaust our abatement fund and if the
property goes tax forfeit we would not recoup our costs. Fehst stated that we have attempted to
work with them to obtain grant money for contamination removal.
Motion by Kelzenberg, second by Diehm, to close the public hearing and waive the reading of
Resolution Number 2009-182, there being ample copies available to the public. Upon vote: All
ayes. Motion carried.
Motion by Kelzenberg, second by Diehm, to adopt Resolution Number 2009-182 being a
resolution of the City Council of the City of Columbia Heights declaring the property listed a
nuisance and approving the abatement of violations from the property pursuant to City Code
section 8.206. Upon vote: All ayes. Motion carried.
C. First Reading: Ordinance 1573, Zoning Amendment to rezone 3701 Reservoir Blvd from GB to
R-7A
Jeff Sargent, City Planner, stated. the owner requests to rezone this property from General
Business to Residential 2A, ~=~hich allows fcr one or t,~,~o family use. Originally, t he first floor
was commercial and the second floor was residential. The property was vacant for one year, so it
no longer meets code. The proposed owner wants to utilize the property for residential use.
Motion by Nawrocki, second by Diehm, to waive the reading of Ordinance No. 1573, there
being ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Nawrocki, second by Diehm, to set the second reading of Ordinance No. 1573 for
Monday, November 23, 2009, at approximately 7:00 p.m. in the City Council Chambers. Upon
vote: All ayes. Motion carried.
ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions
1. Adopt Resolution 2009-183 being a Resolution ap roving_plans and specifications and
ordering advertisement for bids for the Gateway Pedestrian Bridge.
Hansen stated this is the end of obtaining MnDOT project approval. Hansen described the type
of bridge and design components. We will. submit all information to MnDOT by November 15`n
They look to have this project bid prior to the end of the year. Steps could not be incorporated
into the current plan, due to easements and highway setbacks. It would make sense to continue
working toward placing steps at the site.
Nawrocki asked if the State will keep ownership of the bridge, along with maintenance and
liability. Hansen stated yes. Nawrocki requested funding sources, commitments and anticipated
local costs for the bridge, including the quick-take of the Savers property.
City Council Minutes
Monday, November 09, 2009
Page 5 of 8
Donna Schmitt, 4260 Tyler, stated she would like to see steps added, as during icy times stairs
are easier than an incline.
Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution No. 2009-183,
there being ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2009-183 approving plans
and specifications and ordering advertisement for bids for the Gateway Pedestrian Bridge, City
Project Number 0906. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay;
Peterson, aye. 4ayes - l nay. Motion carried.
2. Adopt Resolution 2009-180 being a Resolution approving a Limited Use Permit with
MnDOT for the Gateway Pedestrian Bridge.
Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution No. 2009-180,
there being ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2009-180 approving a
Limited Use Permit for the Gateway Pedestrian Bridge, City Project Number 0906. Upon vote:
Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay.
Motion carried.
B. Bid Considerations -none
C. Other Business
1. Appoint members to the Recreation Telecommunications Traffic Commissions and Library
Board.
Motion by Kelzenberg, second by Diehm, to appoint Justin Grossing to the Recreation
Commission for the vacant term to expire Apri12013, Dennis Stroik to the Telecommunications
Commission for the vacant term to expire April 2011, Charles Tyler to the Traffic Commission
for the vacant term to expire Apri12011, and Barbara Tantanella to the Library Board for the
vacant term to expire April 2012.
Diehm indicated that we really had impressive candidates and we discussed increasing the size of
some commissions to include some people that have not had the opportunity to be involved. She
thanked everyone for taking the time to meet with the Council. We will keep these applications
on file and as new vacancies come about, will ask for additional applications but continue to
consider those that expressed interest. Peterson stated that everyone had a tough time with this
process and decision.
Motion to amend by Nawrocki, to replace Barbara Tantanella with Jo-Anne Student on the
Library Board.
Diehm stated that her support of the motion to appoint certain individuals should not be a
reflection on any other applicant. Jo-Anne has done a great deal for our community and has been
involved in many boards and commissions. She stated her confidence that Jo-Anne will continue
to be involved. Williams also stated that we had many applicants that were excellent and it was a
very difficult decision. Mrs. Student was high on the list and is great lady that will continue to do
good things for the city.
City Council Minutes
Monday, November 09, 2009
Page 6 oP 8
Motion died for lack of a second.
Vote on original motion. Upon vote: All ayes. Motion carried.
ADMINISTRATIVE REPORTS
Report of the City Manager
Public Safety building: Fehst stated the general conditions returned to the owner were $66,797 from
7-31-09, general conditions also returned as of 9-11-09 were $20,892, and returned as of 10-30-09
were $35,475. The current contingency is $52,573. Fehst listed items left to complete. We are
working on the punch list and setting classes on operations. Nawrocki asked if these numbers
included items on the list of bills for tonight. Fehst stated yes.
Nawrocki questioned the results of the last area covered by the sump pump program, how many
houses needed to be brought into compliance, and what was the total subsidy paid by the City.
Hansen stated the program was started in 2004. 3,900 parcels have been inspected. 213 parcels were
in violation of the ordinance, or five percent of the total. The $500 reimbursement covered 90
percent of the disconnections. We received $63,000 in reimbursements. Inspections are completed
during late fall, winter, and early spring. The inspection takes 15 minutes and we work a general
area. Hansen stated the next area to be inspected is between 43rd and 45`" Avenues.
Report of the City Attorney -nothing to report
Nawrocki noted that the Council authorized the purchase of homes on 3rd and 6t" Streets, which
came off of the tax rolls and will not be turn down until nett year, NP stated that he atten't°'t +1,A
u~.u ua~.
Anoka County Elected Officials meeting where discussion was held on the Northstar Commuter rail,
the Connect Anoka County project, acounty-`vide broadband project, and the H1N1 progra.~~.
CITIZENS FORUM
Dave Meyer, 4218 2nd Street, stated his disappointment that the Public Safety statue dedication would
be held on a week-day. The dedication should be postponed to a time when people can attend.
Peterson stated that right or wrong, the decision was made and it is unfortunate that only some people
have that day off. This was to tie in with appreciation for veterans that have saved our country's
freedom. Our community came together and worked very hard, and we are proud that we were able to
raise these funds. Nawrocki commended the Mayor for the time and effort he put into the statute.
Peterson stated that the Holiday Kick-off party was moved up a week this year, and unfortunately
there are several other events also planned for November 14. We will have Columbia Heights talent to
entertain us.
Peterson referred to the donation given earlier of $38,000, and the GameTime donation of $30,000 for
the Huset playground equipment. This is fantastic and did not cost the taxpayers of Columbia Heights
anything. Peterson commended Kevin Hansen on this accomplishment.
ADJOUP:NMENT
Mayor Peterson stated don't take ourselves too seriously. Don't forget our service men and women.
Keep them in your thoughts and prayers, especially those of the Fort Hood slayings. Do a random
act of kindness.
Mayor Peterson adjourned the meeting at 8:22 p.m.
City Council Minutes
Monday, November 09, 2009
Page 7 of 8
~_
Patricia Muscov CMC ity Clerk
RESOLUTION 2009-182
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of
ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Gregory Stull (Hereinafter "Owner
of Record").
Whereas, the owner of record is the legal owner of the real property located at 3930 University Avenue N.E. Columbia Heights,
Minnesota.
And. whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and
reasons for the proposed council action contained herein was sent via regular mail to the owner of record on October 26, 2009.
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
I. That on October 26, 2009 the Fire Department inspectors were doing routine inspections and noted that the structure was
unsecure. The Fire Chief ordered an immediate abetment and that the building secured. The Fire Chief ordered DuAll
Services to respond to the scene and secured the building with plywood.
2. That on October 26, 2009 the Fire Department sent statement of cause to the registered owner of the property at the
address listed in the Anoka County Property Records database.
3. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were
found to exist and have been abated, to wit: Approve the immediate abatement of the hazardous situation located at 3930
University Avenue N.E.
T,- - - „
4. ~ uai: au pariies, mciuding the owner of record and any occupants or tenants, have been given the appropriate notice of
this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B).
CONCL USIONS OF COUNCIL
1. That the property located. at 3930 University Avenue N.E. is in violation of the provisions of the Columbia Heights City
Code as set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings
relevant to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may
be, have expired., or such rights have been exercised and completed.
ORDER OF COUNCIL
1. The property located at 3930 University Avenue N.E. constitutes a nuisance pursuant to City Code.
2. That a copy of this order shall. be served upon all relevant parties and parties in interest.
RESOLUTION 2009-183
BEING A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS
FOR GATEWAY PEDESTRIAN BRIDGE, CITY PROJECT 0906
WHEREAS, The Consulting Firm of SRF Consulting Group, Inc and the City Engineer have prepared Final Plans and
Specifications for reconstruction of a pedestrian bridge over Central Avenue (State Trunk Highway 65) at 49`" Avenue (CSAH 4);
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA
1. Such plans and specifications identified as the Gateway Pedestrian Bridge, City Project Number 0906 are hereby
approved.
2. The City Clerk shall prepare and cause to be inserted in the official paper and in a trade journal an advertisement for bids
upon making of such improvement under such approved plans and specifications. The advertisement shall be published
a minimum of three weeks prior to the bid opening, shall specify the work to be done, shall state that bids will be
received by representatives of the City Council of Columbia Heights until 10:00 a.m. on Thursday, December 17`", 2009
at which time they will be publicly opened at the place designated, will then be tabulated and will be considered by the
Council at a special ineeting in December in the Council Chamber. Any bidder whose responsibility is questioned
during consideration of the hid will be given an opportunity to address the council on the issue of responsibility. No bids
City Council Minutes
Monday, November 09, 2009
Page 8 of 8
will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, bid bond, or certified check
payable to the City of Columbia Heights for 5 percent of the amount of such bid.
RESOLUTION N0.2009-180
CITY OF° COLUMBIA HEIGHTS LIMITED USE PERMIT WITH THE STATE OF MINNESOTA DEPARTMENT OF
TRANSPORTATION FOR A PEDESTRIAN BRIDGE IN THE RIGHT-OF-WAY OF
TRUNK HIGHWAY 65 (CENTRAL AVENUE) AT COUNTY STATE AID HIGHWAY 4 (49T" AVENUE)
WHEREAS, the City of Columbia Heights is a political subdivision, organized and existing under the laws of the State of
Minnesota, and,
WHEREAS, the City Council of the City of Colwnbia Heights, Minnesota, has approved a plan to construct a pedestrian bridge in
the right-of--way of Trunk Highway 65 to promote the orderly and safe crossing of the highway; and,
WHEREAS, the State of Minnesota, Department of Transportation requires a Limited Use Permit for the construction and
utilization of said pedestrian bridge,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA that this
Council hereby enters into a Limited Use Permit with the State of Minnesota, Department of Transportation for the following
purpose:
Section 1. To construct, operate and maintain a pedest<ian bridge within the right-of--way of Trunk Highway 65
(TH 65) of the State of Minnesota south of CSAH 4. The City of Columbia Heights shall construct,
operate and maintain said bridge in accordance with the Limited Use Permit granted by the Minnesota
Department of Transportation.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Mayor and the City Manager are authorized to execute the
Limited Use Permit and any amendments to the Permit.