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HomeMy WebLinkAbout06/28/2010 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING JUNE 28, 2010 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, June 28, 2010 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. 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 Nawrocki requested to report on the League of Minnesota Cities (LMC) meeting and to discuss the city picnic, channel 16 programming issues, cable franchise process, and the policy on meals and travel expenses. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS - none CONSENT AGENDA Peterson requested to remove item G for discussion. Nawrocki requested to remove items A, D, E, F, H, and I. City Manager Walt Fehst took Council members through the remaining consent agenda items. A. Approve minutes of the June 14, 2010 City Council meeting. - removed B. Accept minutes of the Columbia Heights Boards and Commissions Motion to accept the minutes of the May 25, 2010 EDA meeting. Motion to accept the minutes of the May 25. 2010 EDA Executive session. C. Schedule a City Council Executive Work Session Motion to schedule a City Council Executive Work Session for the purpose of discussing labor contract negotiations, immediately following the Monday, July 12, 2010 City Council meeting, in Conference Room 1. D. Authorize grant agreement and approve receipt of grant - funded purchase for 2010 JAG Grant - Police Department - removed E. Authorize Mayor and City Manager to enter into a contract for Car Wash Services - removed F. Authorize Mayor and City Manager to Enter into Agreement for Auctioning Vehicles - removed G. Authorize Mayor and City Manager to Enter into Contract for Towing Contractor - removed H. Authorize Mayor and City Manager to Enter into Contract with PropertyRoom.Com for Auction Service - removed City Council Minutes Monday, June 28, 2010 Page 2 of 9 I. Distribution of the 2009 Comprehensive Annual Financial Reports and the Independent Auditors' Report - removed J. Approval of the attached list of rental housing applications. - removed Motion to approve the items listed for rental housing license applications for June 28, 2010 in that they have met the requirements of the Property Maintenance Code. K. Approve Business License Applications Motion to approve the items as listed on the business license agenda for June 28, 2010 as presented. L. Approve payment of the bills Motion to approve payment of the bills out of the proper funds, as listed in the attached check register covering Check Number 135092 through 135303 in the amount of $4,433,527.42. Diehm requested to vote on item J separately. Motion by Nawrocki, second by Diehm to approve the Consent Agenda items B, C, K, and L. Upon vote: All ayes. Motion carried. A. Approve minutes of the June 14, 2010 City Council meeting. Nawrocki stated that he did not suggest salary cuts, but quoted a report on wage decreases. He read again the written statement on loss of jobs and the need to decrease our levy. Motion by Nawrocki, second by Williams, to approve, as corrected, the minutes of the June 14, 2010 City Council meeting. Upon vote: All ayes. Motion carried. D. Authorize grant agreement and approve receipt of grant - funded purchase for 2010 JAG Grant - Police Department Police Chief Scott Nadeau indicated that four Automated External Defibrillators (AED) are recommended for purchase. Our officers are trained in their use, but do not have them available. This is a good opportunity to purchase them to better serve the community. The other recommended purchase is for two A2B bicycles, that average 25 mph, allowing officers to get back into the community through public contact. This type of vehicle has been tested by staff and the Chief, proving to increase mobility, gain public interest and interaction, save gas, and they are very silent in operation. Nawrocki indicated that items to be purchased should have been budgeted items. Nadeau indicated that the grant is very specific on items that qualify. Nawrocki stated that the Fire Department already has defibrillators and this is a duplication of efforts. Nadeau stated that officers arrive on scene first and the AED's are most effective on immediate use. Nawrocki questioned maintenance requirements. Nadeau stated it is minimal with battery replacement once every few years. Diehrn commended staff for the creative way they obtain these items, without any cost to our taxpayers. Motion by Diehm, second by Kelzenberg, to authorize the Mayor and City Manager to enter into a Memo of Understanding with Anoka County agencies for the receipt of $16,529 in Federal City Council Minutes Monday, June 28, 2010 Page 3 of 9 Justice Assistance Grant Funds, 10% of which will go to Coon Rapids for their role in administering the grant. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to approve the Police Department's receipt of two A2B electric bicycles and four Automated External Defibrillators (AED's) through the current 2010 round of Justice Assistance Grant funding to Anoka County agencies administered by fiscal agent Coon Rapids Police Department. Upon vote: All ayes. Motion carried. E. Authorize Mayor and City Manager to enter into a contract for Car Wash Services Motion by Nawrocki, second by Diehm, to authorize the Mayor and City Manager to enter into a contract with Jeffs Bobby and Steve's AutoWorld for car wash services as specified in the City's request and Auto World's response to the City's request. The term of this contract is to be August 1, 2010 through July 31, 2012, unless terminated sooner pursuant to the termination provision. Upon vote: Kelzenberg, aye; Williams, abstain; Diehm, aye; Nawrocki, aye; Peterson, aye. 4 ayes — 1 abstention. Motion carried. F. Authorize Mayor and City Manager to Enter into Agreement for Auctioning Vehicles Nadeau stated this is for disposal of unwanted property; equipment that is no longer needed or used vehicles. The trend is to look to on -line services for auctioning and we looked to the State and Federal Surplus auction. Nadeau stated this was initially for police vehicles, but it was brought to his attention that Public Works also has the need to auction vehicles. Nawrocki asked if the agency referred to is our city, and if we receive ninety percent of the grant. Nadeau stated yes. Motion by Diehm, second by Kelzenberg, to authorize the Mayor and City Manager to enter into an agreement with State and Federal Surplus for auctioning vehicles for the City of Columbia Heights. Upon vote: All ayes. Motion carried. G. Authorize Mayor and City Manager to Enter into Contract for Towing Contractor Nadeau indicated that when he started here there was not a current towing contract. Two years ago the contract was awarded to Jeff's Bobby and Steve's Autoworld (JBS). We were satisfied with their service. Bids were let prior to the end of that contract. The low, responsible bidder for this two year contract is Schmidt Towing. Nawrocki commended the Chief for obtaining a reduced bid, but recognized that the bidder is from outside of the city. This shows what competitive bidding can do. Motion by Nawrocki, second by Kelzenberg, to authorize the Mayor and City Manager to enter into a contract with Schmidt Towing, Inc. for towing. impounding and storage of motor vehicles as specified in the City's Request and set forth in Schmidt's response to the City's Request. The term of this contract is to be August 1, 2010 through July 31, 2012, unless terminated sooner pursuant to the termination provision. Mellissa Williams, with JBS Autoworld, indicated their pleasure to partner with the City of Columbia Heights. The Police Department has been satisfied with JBS service and she requested to continue their towing service. You get what you pay for. The police get a set fee from the tower. JBS has been faithful and provided the services that the consumer and the city look for. Jeff Bahe, partner at JBS Autoworld, stated that JBS values mirror those of the city. Through City Council Minutes Monday, June 28, 2010 Page 4 of 9 their youth foundation, JBS has built a playground at Huset Park. As a business in the city, he indicated their commitment to the city. He indicated his feeling that JBS is the most responsible bid. He asked that the City Council consider the overall picture and do business with businesses in our town. Bahe indicated that JBS's towing director, Jake, is from this town, and is a member of the Lions club, and is committed to this community. He indicated appreciation for the business received and their hope to continue. Steven Schmidt, Schmidt Towing, 9100 Gateway, Eden Prairie, stated that he was awarded the City of Fridley contract in March from 11 bidders. He stated that they offer the same service to all of their customers. Diehm asked the chief to explain the charges in the bid. Nadeau referred to the separate items of the contract request. Peterson asked who bid the lowest amount on investigative holding of a vehicle. Nawrocki stated that Schmidt Towing does not charge for that service. Nawrocki requested a roll call vote. Diehm thanked JBS Autoworld for being present and indicated appreciation of their support to our community. This contract has a definite term and we will accept bids again. We will also evaluate this experience and we will see if they can live up to our past experience. Peterson indicated that if this service falls short of the requirements we can terminate the contract and rebid the service. We appreciate the involvement of JBS's in our community, but must honor the lowest responsible bid. Upon vote: Kelzenberg, aye; Williams, abstain; Diehm, aye; Nawrocki, aye; Peterson, aye. 4 ayes — 1 abstention. Motion carried. H. Authorize Mayor and City Manager to Enter into Contract with PropertyRoom.Com for Auction Service Nadeau stated that PropertyRoom.Com is used by a lot of police departments as it returns a good percentage to the department for items that are contraband, seized property, or unclaimed property. We tag the items; they pick them up, run the site, handle the transaction, and ship the goods. Nawrocki stated that we have not had an auction in the last several years. Nadeau stated that we did use a local auction house, but it was not time and staff efficient. This could also be utilized for Public Works items. Motion by Kelzenberg, second by Nawrocki, to authorize the Mayor and City Manager to enter into the two -page 6 -month contract with PropertyRoom.Com for auction services for the City of Columbia Heights. This contract auto - renews unless there is a 30 -day written notice for termination. Upon vote: All ayes. Motion carried. I. Distribution of the 2009 Comprehensive Annual Financial Reports and the Independent Auditors' Report Nawrocki stated his disappointment in the suggested process. It was indicated that this was decided at a work session. Decisions are not to be made at work sessions. Nawrocki stated his agreement with a public presentation, but we need more time to understand the audit. To suggest we read the audit, understand it, and ask questions before we get to the presentation is ludicrous. They work for six months on this audit /CAFR standards. It is difficult to understand without asking questions. We should have the presentation at the next meeting, but should have an City Council Minutes Monday, June 28, 2010 Page 5 of 9 opportunity at a work session to ask questions. There is a work session scheduled for July 6. Nawrocki suggested the auditor be at the meeting to discuss this and answer questions. Motion by Nawrocki, to recognize that the 2009 Comprehensive Annual Financial Report for the City of Columbia Heights, including the Independent Auditors' Report and Management Letters from HLB Tautges Redpath Ltd., were distributed to council members on June 28, 2010, and to schedule a brief presentation by our auditor for the July 12, 2010 City Council meeting, and to review the audit with staff and the auditor at the July 6 work session. Fehst stated that the purpose of the audit is to determine if there are deficiencies in the audit and CAFR. We have reverted to this system based on Councilmember Nawrocki's request for the auditor to report directly to the Council at a full meeting, for full disclosure. It is requested that questions be asked in advance so the answers are available at the meeting. If the Council is not satisfied with the audit report at the meeting, it can be brought to a work session. Diehm indicated the difficulty in scheduling the auditor. It is understandable to request questions ahead of time. If there are unanswered questions at that meeting, the acceptance could be continued to the next Council meeting. Nawrocki stated that if the auditor is unavailable, staff could review the document at the work session. Peterson, Diehm, and Williams indicated they would not be available to attend a work session on July 6 There will not be a quorum available to hold the work session. Peterson suggesting utilizing the staff proposed motion. Nawrocki indicated he would review the document, but will not ask questions prior to the meeting. Diehm stated, if necessary, she would support tabling acceptance of the report. Peterson called for a second to the motion. Motion died for lack of a second. Motion by Diehm, second by Kelzenberg, to recognize that the 2009 Comprehensive Annual Financial Report for the City of Columbia Heights, including the Independent Auditors' Report and Management Letters from HLB Tautges Redpath Ltd., were distributed to council members on June 28, 2010, and to schedule a brief presentation by our auditor for the July 12, 2010 City Council meeting, and to request that any questions related to the financial report or audit be submitted to staff by July 6, 2010. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes — 1 nay. Motion carried. J. Approval of the attached list of rental housing applications. Motion by Diehm, second by Kelzenberg, to approve the items listed for rental housing license applications for June 28, 2010 in that they have met the requirements of the Property Maintenance Code. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, aye; Peterson, abstain. 4 ayes — 1 abstention. Motion carried. PUBLIC HEARINGS A. Adopt Resolutions 2010 -47, 4801 -03 7th Street N.E., 2010 -49, 3861 Edgemoor Pl. N.E., and 2010 -50, 1815 -17 41st Avenue N.E. being Resolutions of the City Council of the City of Columbia Heights approving rental license revocation for failure to meet the requirements of the Property Maintenance Codes. City Council Minutes Monday, June 28, 2010 Page 6 of 9 Fehst listed violations on the properties. Two properties are homes in foreclosure. One property has renters, but our intention is not to evict the renters. Nawrocki asked why the foreclosed properties are being revoked if they are not current rentals. Jim Hoeft, City Attorney, stated this action would formally terminate future rental without reapplication for a license. We have historically had issues with property owners on what rights they still have if the license was not terminated. Motion by Diehm, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution Numbers 2010-47, 2010-49, and 2010-50 being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution Numbers 2010-47, 2010-49, and 2010-50 being Resolutions of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental licenses listed. Upon vote: All ayes. Motion carried. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 2nd Reading: Ordinance 1582, Zoning Amendment to rezone 4555 Washington Street from R- 2B to R-2A. Fehst stated this is property was zoned for a duplex, but is not adequate for a duplex. Motion by Kelzenberg, second by Diehm, to waive the reading of Ordinance No. 1582, being ample copies available to the public. Upon vote: All ayes. Motion carried. Nawrocki questioned the need for egress windows when there is a door that opens to the driveway. Hoeft stated that the State fire code requires egress windows from sleeping areas. It is necessary that firefighters are able to enter and exit these rooms. Diehm indicated that there must be two exits. Fehst referred to a firefighter, his friend, that died in a basement when he could not get out. Motion by Keizenberg, second by Diehm, to adopt Ordinance No. 1582, being an ordinance amending Ordinance No. 1490 City Code of 2005, adopting the proposed zoning amendments outlined in Ordinance 1582. Upon vote: All ayes. Motion carried. B. Bid Considerations - none C. New Business and Reports Nawrocki stated that he attended the League of MN Cities (LMC) conference, at no charge to the city, and offered to share handouts he received. Nawrocki read the St. Cloud mission statement. He referred to the cost of the upcoming goal session. Diehm questioned if he was referring to the cost of staff time. Diehm indicated that she requested this process for the EDA to have an opportunity to speak with staff Fehst stated that we have adopted a mission statement and adopted goals to follow. Fehst presented the LMC City of Excellence award received for preserving city services at their conference and summarized the award as read at the presentation. There was an article on this today in the Star/Tribune. Fehst stated that Kathy Kelly, Superintendent of Schools, also attended. He thanked Superintendent of Schools Kathy Kelly, School Board Chair Missy Lee, City Council Minutes Monday, June 28, 2010 Page 7 of 9 and Autoworld for their cooperation in working with us, despite hard times. Fehst stated his pride in our accomplishrnents. Nawrocki referred to his push to work with the schools years ago when a community center was being discussed. He questioned the cost effectiveness of the City Manager driving to St. Cloud to accept the award when he was present. Nawrocki referred to the low number ofapplicants. Diehm indicated that we should celebrate our success. Fehst referred to collaboration with the School District. Nawrocki requested to know the cost per individual for the city picnic so he can pay for his meal. Fehst stated he would get him that information. Nawrocki indicated that Channel 16 did not play the City Council meeting over the weekend and the meeting agenda was not put on until Sunday afternoon. Patty Muscovitz, City Clerk, indicated that Comcast had problems with the GovcroznootAcccuo, Library, and Public Access channels foliowing the Friday storms. Fehst indicated that the July 6 work session was scheduled to discuss: six cities water management, art at the Huset roundabout, and Northstar Rail JPA amendment #2. There may not be a quorum for this meeting. Nawrocki stated that there is a $20 per person, per ride, subsidy. Nawrocki indicated that meetings continue on the Cable Franchise renewal. The goal is to have this ready to present to the Telecommunications Commission by their July 15 meeting. Nawrocki again indicated that the meal reimbursement for staff needs to be revised. ADMDNISTFtA1[IVE REPORTS Report of the City Manager - nothing RLepodofthc{,ityAttorucy — nothiog CITIZENS FORUM - none ' 1 JOURNMENT Peterson stated: Don't forget our service men and women — keep them in your thoughts and prayers. Don't take ourselves too seriously and do a random act of kindness. P son adjourned the meeting 8:47 p.m. atricia Muscovitz noC C/[y^_/cru RESOLUTION 2010-47 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) ofthat certain residential rental license held by Shirley Apollo (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4801-03 7 Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on June 3, 2010 of an public hearing to be held on June 28, 2010. City Council Minutes Monday, June 28, 2010 Page 8 of 9 Now, therefore, in accordance with the foregoing. and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on April 28, 2010 inspectors for the City of Columbia Heights, inspected the property described above and noted violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on June 3, 2010 inspectors for the City of Columbia Heights performed a reinspection and noted that violations remained uncorrected. . A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on June 15, 2010 inspectors for the City of Columbia Heights checked records for this property and noted that the violations remained uncorrected 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Property Maintenance Code were found to exist, to -wit: a. Shall scrape and paint wherever there is peeling paint on the structure. Trim b. Shall replace the missing storm door closer. c. Shall replace the missing smoke detector upstairs. d. Shall replace any missing electrical fixtures and covers. e. Shall repair all holes in wall and door. f. Shall repair the downstairs smoke detector that was found disabled and advise tenant that it is illegal to disconnect the smoke detectors g. Shall replace all missing window screens, shall repair all damaged window screens. h. Shall repair all /any rotted trim. 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F10252 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. RESOLUTION 2010 -49 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Dennis Coppess (Hereinafter "License Holder "). Whereas. license holder is the legal owner of the real property located at 3861 Edgemoor Place N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on June 2, 2010 of an public hearing to be held on June 28, 2010 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about April 15, 2010, inspection office staff sent a letter requesting the owner of the property to renew the rental license for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on June 2, 2010 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to -wit: Failure to submit renewal rental license application and fees 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F9782 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; City Council Minutes Monday, June 28, 2010 Page 9 of 9 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. RESOLUTION 2010 -50 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Angela D'Angelo (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 1815 -17 41 Avenue N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on June 2, 2010 of an public hearing to be held on June 28, 2010 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about April 15, 2010, inspection office staff sent a letter requesting the owner of the property to renew the rental license for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on June 2, 2010 inspection office staff reviewed the property tile and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to -wit: Failure to submit renewal rental license application and fees 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article Ill 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F9778 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. ORDINANCE 1582 BEING AN ORDINANCE PERTAINING TO ZONING AND DEVELOPMENT ORDINANCE NO. 1428, PERTAINING TO THE REZONING OF A CERTAIN PROPERTY LOCATED AT 4555 WASHINGTON STREET NE SECTION I: WHEREAS, the current zoning classification of the property allows for a duplex use; and WHEREAS, the current property was being used as an illegal duplex because of substandard living quarters and cooking facilities; and WHEREAS, the lower unit of the property was posted as uninhabitable because of the substandard living conditions; and WHEREAS, rezoning the subject parcel from R -2B, One and Two Family Residential to R -2A, One and Two Family Residential would ensure the proper use of the property as a single- family dwelling, unit; and WHEREAS, the rezoning is consistent with the City Comprehensive Plan, and is in the public interest and not solely for the benefit of a single property owner; and WHEREAS, the proposed zoning classification of the property is compatible with the surrounding zoning classifications and uses, and BE IT FURTHER RESOLVED that the Planning Commission has reviewed and recommends approval of the proposed rezoning from R -2B, One and Two Family Residential to R -2A, One and Two Family Residential. SECTION 2: This ordinance shall be in full force and effect from and after 30 days after its passage.