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HomeMy WebLinkAbout05/23/11 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY, MAY 23, 2011 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, May 23, 2011 in the City Council Chambers, City Hall, 590 40th Av enue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL /INVOCATION Chaplain Bob Lyndes, Crest View Senior Communities, gave the Invocation. Present: Mayor Peterson, Council member Nawrocki, Council member Diehm, Council member Schmitt Absent: Council member Williams PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA Peterson added: Most improved Recycling award Peterson removed: License Revocation Resolutions No. 2011 -32, 33, 34, and 35 as they have been brought into compliance. Nawrocki requested to add: items under new business and under the City Manager's report PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Columbia Heights Library - Buddy Up and Read with a Friend program Adult Services Librarian Renee Dougherty, Friend of the Library Kay Reiners, and reader Jung Hee were present. Dougherty stated this program fills the need and request for adults to learn to read English by pairing adults learning to read with a member of the Friends of the Library. Library Staff matches the Friend with the reader. They have logged 86 hours since the program began, with 48 hours already logged this year. B. Presentation of citizens award - Belinda Kuta and Sandra Stanley Fire Chief Gary Gorman indicated that on April 11, 2011 during a fire at 1460 Tyler, Sandra Stanley was not able to get out of her apartment. Neighbor Belinda Kuta was checking apartments to make sure everyone was out and found Stanley unable to get out on her own. Kuta forced her way in to the apartment and helped Stanley from the apartment. Gorman stated his belief that Sandra Stanley would not have survived if not for the actions of Belinda Kuta. Gorman presented Kuta with a plaque and praised her courage. Peterson stated his pride in the action she took. C. Retirement of POC Firefighter Steve Hall Gorman stated that Paid On Call Firefighter Steve Hall started on April. 1, 1988. Gorman read the touching retirement letter Hall submitted. It stated Hall's pleasure to work for the City and his joy to be able to work on the same force with two of his sons that are also on our Fire Department. Hall stated that this experience has been "quite a ride ". He will miss it, but will get over it when it is 10 degrees below zero. Hall thanked his wife for supporting him in this sometimes dangerous and inconvenient job. Hall introduced his sons Kyle and Andy that are Paid On Call Firefighters and his other son that was taking pictures. Peterson thanked him for his years of service with the fire department and his wife for her support. Peterson described the Explorer Cadet's exhibition that was held at our facility. It was a fantastic event. He complimented those that set it up. Columbia Heights can be proud to have hosted such City Council Minutes Monday, May 23, 2011 Page 2 of 8 an event. Gorman stated that Firefighter Dan O'Brien is a member of the MN State Fire Explores and organized the event, along with Tom, Kyle, Cory, and Andy. D. Allina presentation of Stork awards Gorman stated that Allina representative M. Dascal was present to present the Stork Award for the birth assist at 4410 Van Buren. Dascal awarded Columbia Heights Firefighters Dan O'Brian and Rich Hinrichs, and medics Don Kistorza and Ron Gray the Stork Award for assisting and delivering a baby. Dascal also honored Steve Hall's wife. O'Brian and Hinrichs spoke of the joy to assist in this event and the importance of team work. Miscellaneous Peterson indicated that Finance Director Bill Elrite will retire on May 31 He presented Elrite with two plaques and thanked him for his many years of service. Nawrocki indicated his pleasure to have worked with Elrite and wished him well in his retirement. E. Recycling award Kevin Hansen, Public Works Director, indicated that Columbia Heights received the most improved recycling in Anoka County award for 2010. Jesse Davies is the Recycling Coordinator. Hansen read the award indicating the amount of recycling recognized. He introduced Dale Shoots and Malcolm Watson, representing the Kiwanis Club that run the recycling center, and Troy Hamen of Veolia, our refuse company. Peterson congratulated them on the result of their hard work. CONSENT AGENDA Nawrocki requested to remove items B2, E, F, H, L and Peterson removed item I for discussion. City Manager Walt Fehst took Council members through the remaining Consent Agenda items: A. Approve City Council meeting minutes Motion to approve the City Council meeting minutes of April 25, 2011 B. Accept Board and Commission meeting minutes 1. Motion to accept the February 23, 2011 Park and Recreation Commission meeting minutes. Removed - Charter Commission meeting minutes. C. Approve Transfer of Funds for JAG I Grant Overtime Reimbursement and CHHS Overtime from General Fund to Police Dept Overtime Line Items #1023 (OT Other)and #1020 Motion to transfer the following from the General Fund to the Police Department 2011 Budget: the $3,161.19 received as reimbursement under the JAG grant be transferred to line item #1023 Overtime Other, and the $231.25 received from CHHS be transferred to line item #1020, Overtime. D. Approve permits for 2011 Jamboree Motion to authorize staff to close Huset Parkway for the time period from Tuesday afternoon, June 21 through Sunday, June 26, 2011. Motion to authorize the Police Department to issue a parade permit for the Jamboree Parade to be held on Friday, June 24, 2011 beginning at 6:00 p.m. for the following streets: Central Avenue from 45th Avenue to 40th Avenue, west on 40th Avenue to 5th Street and 5th Street to Mill Street. Motion to authorize fireworks at dusk on Saturday, June 25, 2011 and to waive the Fire City Council Minutes Monday, May 23, 2011 Page 3 of 8 Department fireworks display permit fee. E. LED Sign for Top Valu Liquor Store at 37th and Hart - removed F. City Hall Digital Sign - removed G. Final payment for sanitary sewer lining, Project 1004 Motion to accept the work for Sanitary Sewer Lining, City Project No. 1004, and to authorize final payment of $38,945.60 to Visu- Sewer, Inc. of Pewaukee, Wisconsin. H. Adopt Resolution 2011 -37, being a Resolution authorizing the cleaning and lining of 4,199 lineal feet of water main under the Minneapolis 2011 program, City Project No. 1103 - removed I. Agreement with ISD #13 for funding contribution for Ramsdell Park - removed J. Approval of attached list of rental housing applications. Motion to approve the items listed for rental housing license applications for May 23, 2011 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 May 23, 2011 as presented. L. Review payment of bills - removed Motion by Schmitt, second by Diehm, to approve Consent Agenda items, with the exception of items B2, E, F, H, I, and L. Upon vote: All Ayes. Motion carried. B2 Accept Board and Commission meeting minutes Nawrocki stated that these minutes should indicate member names on a divided vote. He felt that there should have been more discussion described in the minutes of the meeting. Jim Hoeft, City Attorney, stated that an accurate tally is all that is required. There was more discussion than appears in the minutes, which can be noted to the secretary. Charles Tyler, Charter Commission Vice - Chair, stated that is not required by their rules. The minutes are a summation of the main points. Diehm stated these minutes were submitted before they were approved by the Commission. Motion by Diehm, second by Schmitt, to accept the April 21, 2011 Charter Commission meeting minutes. Upon vote: All ayes. Motion carried. E. LED Sign for Top Valu Liquor Store at 37th and Hart Nawrocki stated that we have a budget with more expenditures than revenues. We add items in a time when we are raising property taxes. Schmitt stated that branding is a good way to represent the store. It works for the Central Avenue store. This would fill the hole in the monument sign. She questioned funding. Elrite stated this would not use the public tax fund. This could come from advertising or from the capital improvement fund. Part of the $200,000 budgeted this year was earmarked for a sign at this location. Now that the sign ordinance has been made more liberal, it would enhance the business. The purpose is to generate additional sales and revenue, and offset taxes. Peterson stated this is a good business plan. Motion by Diehm, second by Schmitt, to authorize the Mayor and City Manager to enter into an City Council Minutes Monday, May 23, 2011 Page 4 of 8 agreement with Hoeft Signs for the installation of a digital sign at the liquor store on 37th and Hart based on their price quotation of 05/03/2011. Upon vote: Schmitt, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 3 ayes — 1 nay. Motion carried. F. City Hall Digital Sign Peterson stated there are several options for placement of a new digital sign and with moving the City Hall entrance to Mill Street it may be time to redo the triangle area and place a digital monument sign there. Nawrocki indicated that he has the same concerns on this regarding expenditures. This would cause problems for the annual Memorial Day service. Peterson stated it would be more beneficial for this event. Hansen stated this layout would accommodate set back limits and provide a hard surface area that presents better and take advantage of the natural lay of the area. Peterson indicated that the bushes have grown so large the memorial is difficult to see. Nawrocki felt this sign would detract from the memorial. Schmitt referred to the alternate motions including the current pylon signs. Our guidelines are to move away from pylon signs. It would not be good to continue to use our pylons when we ask businesses to remove them. We should put up a monument but it is not in the budget. We should not rush this. Fehst stated that staff was directed to look into this. Diehm stated this motion is to direct preparation of a landscape plan. This does not authorize the expenditure tonight. Diehm stated that she was hesitant on LED signage, but our current sign is not safe and if we upgrade, we should go with a monument sign as others are required to do. Schmitt agreed with plan prep, on the condition to put it up next year. Peterson stated that he likes to see things get done in his life time. The pylon sign is dangerous to change in the winter and indicated be would like it done by this fall. He suggested we ask local clubs like the Lions, VFW, and Activity Fund to contribute. The building of the monument could be completed by volunteers. Peterson felt this plan would be an improvement and we should move forward. Nawrocki stated that he felt the changes are a detriment. Local organizations are also having financial hardships and would not be able to donate. Fehst stated that we could meet with the groups to ask for assistance. Peterson invited everyone to our Memorial Day service on Monday, May 30. Come and participate to show appreciation for our service men and women. Sometimes this important function is sorely attended. Fehst acknowledged our Beautification Committee for planting this area and all of our parks. They did a great job. Motion by Schmitt, second by Diehm, to direct staff to prepare a landscaping plan for the corner of 40th and Mill St. that would include a digital monument sign. Upon vote: Schmitt, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 3 ayes — 1 nay. Motion carried. H. Ado.t Resolution 2011 -37, being a Resolution authorizin. the cleaning and lining of 4,199 lineal feet of water main under the Minneapolis 2011 program, City Project No. 1103 Hansen stated this annual program began in 2005 to physically clean water main lines to remove rust and re -line the pipes at 70 to 80 percent of the replacement cost. Hansen listed the proposed locations. He explained the testing process. Information has been sent to the impacted property owners. Nawrocki referred to rusty water problems on his street. Hansen stated this is cost effective and does not require tearing up the streets. Motion by Nawrocki, second by Schmitt. to waive the reading of Resolution 2011 -37, there being ample copies available for the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Schmitt, to adopt Resolution 2011 -37 which accepts the City Council Minutes Monday, May 23, 2011 Page 5 of 8 Feasibility Report for the 2011 Water Main Cleaning and Lining Program and orders the Public Improvement for water main cleaning and lining of pipe totaling 4,199 lineal feet, under the City of Minneapolis water main cleaning and lining program for 2011. Upon vote: All ayes. Motion carried. I. Agreement with ISD #13 for funding contribution for Ramsdell Park Hansen distributed the Joint Powers Agreement with the School District for the Ramsdell Park athletic field. This allows the schools to use the athletic field for girl's softball and the city to access school land for the parking lot. Nawrocki questioned who would be responsible for field maintenance and damage costs. Hansen stated the schools would groom for their events with their equipment. If something happens and they fix, say a fence, they would invoice the city. Each party is responsible for their own insurance and liability. Schmitt ask if we have used this company before and if there will be drinking fountains. Hansen stated we have not worked with this contractor, but checked his background. Hansen stated we will pay for the water and irrigation and ask them to pay for the water fountain. Schmitt stated concern for the timeline and if there is a penalty if not completed on time, unlike the bridge. Hansen stated that the contractor has until August 15 for substantial completion. Motion by Diehm, second by Schmitt, to authorize the Mayor and City Manager to enter into an agreement with Independent School District #13 for funding of Alternates A3, 4, 5, 7, 10 and 11 in the amount of $85,036; and providing construction access to ISD 13 property for the Ramsdell Park Improvement Project. Upon vote: All ayes. Motion carried. L. Review payment of bills Nawrocki referred to a note attached to the bill list to not follow our Charter, but rather State Statute. Elrite stated this is a cleanup item that follows our Charter and State Statutes. The check list is for review. Checks are issued prior to the list going out. It is impossible to hold checks until they go to Council for approval, so procedure was for the manager to review them, make sure they are in compliance with city contracts, and bring them to the Council for review. The motion is to make it clear that the Council will review the bills per State Statute. Nawrocki stated that the Charter indicates you need authorization before paying the bills. We should follow the Charter to keep a better handle on city finances. Schmitt questioned the motorized bicycle repair bill and asked if they are still under warranty. Fehst stated that we also have non - motorized bicycles. Staff will research and relay what this cost was for. Motion by Diehm, second by Schmitt, that in accordance with Minnesota Statute 412.271, subd. 8, the City Council has received the list of claims paid covering check number 138968 through 139135 in the amount of $902,178.11. Upon vote: All ayes. Motion carried. PUBLIC HEARINGS A. Adopt Resolutions 2011 -32, 4625 Tyler Street N.E., 2011 -33, 4633 Tyler Street N.E., 2011 -34, 4124 5th Street N.E., 2011 -35, 4932 4th Street, and 2011 -36, 1231 -33 Circle Terrace Blvd. 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. Gorman stated they spoke to the owner of this property and were told they were trying to sell it. The property is still occupied. We still have not received the license application and fee. City Council Minutes Monday, May 23, 2011 Page 6 of 8 Motion by Diehm, second by Schmitt, by to close the public hearing and to waive the reading of Resolution Number 2011 -36 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Schmitt, to adopt Resolution Numbers 2011 -36 being a Resolution 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. B. Second Reading of Ordinance No. 1600 Pertaining to Chapter 8, Sections 75 through 86, Local Improvements and Special Assessments and Ordinance No. 1601 Pertaining to Chapter 6, Section 56, Purchases and Contracts Motion by Diehm, second by Schmitt, to waive the reading of the Ordinance Nos. 1600 and 1601, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm second by Schmitt, to adopt Ordinance No. 1600, being an ordinance amending Chapter 8, Sections 75 through 86, of the Charter of the City of Columbia Heights. Upon vote: All ayes. Motion carried. (This ordinance does not pass, as Councilmember Williams was absent and requires a unanimous vote of all members for approval.) Motion by Diehm, second by Schmitt, to adopt Ordinance No. 1601, being an ordinance amending Chapter 6, Section 56 of the Charter of the City of Columbia Heights. Nawrocki spoke against the motion. We have given the Manager too much authority and he gets around the limit by breaking payments into smaller parts. Diehm stated this is not a change in policy. It updates and reflects what our policy is by vote of the citizens in 2002. Charles Tyler, Charter Commission, stated this had contention at the Charter Commission meeting with some not wanting an amount listed in the Charter and some wanting the amount indicated for historical purposes. Diehm stated that it was unanimous that the $3,000 should be removed, as it was outdated. Upon vote: Schmitt, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 3 ayes — 1 nay. Motion failed. Hoeft stated that this is a housekeeping item. It will go back to the Charter Commission and if they so decide, it will go on the next election ballot as a question. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions -none B. Bid Considerations -none C. New Business and Reports -none ADMINISTRATIVE REPORTS Report of the City Manager Nawrocki stated that he attended the NPDES hearing. Nawrocki stated that he attends all of the DARE graduations because he believes in the program. The last invitation he received had the wrong date and he missed it because it was held last week. Nawrocki again questioned the cost for a meal at the upcoming city picnic. Fehst stated that the work session on June 6 following the EDA meeting, will include the 50"' Avenue turn lane and the bituminous path on Hart and 39 Avenue. City Council Minutes Monday, May 23, 2011 Page 7 of 8 Nawrocki referred to a letter questioning the city planner sharing work by doing inspections and his previous comments that the department was overstaffed. He requested a response to this letter. Fehst stated the reasons for this and the need to assist with inspections and public education. Deb Johnson, 4626 Pierce Street, stated that she does not care who does inspections, just that they get done. She indicated five addresses on her block with tall weeds. She stated that they work hard to maintain their own yard, but the yard behind them is a sea of white fuzz from dandelions. Schmitt stated the problem with the nine inch rule is that dandelions do not take three weeks to grow that high. She referred to trying to keep up with our city lots. It is hard to keep things cut when it keeps raining. Nawrocki questioned the purpose of tomorrow's resident meeting on upcoming street projects. Hansen stated it is a resident preeonstruction meeting to meet the contractors and give the property owners more details on the schedule /time lines and to engage the residents. This is done every year. Nawrocki requested to receive the minutes of the meeting. CITIZENS FORUM Nancy King, 3717 Van Buren Street, stated she was present again to request that the empty lots adjacent to her have something done to deal with the mud and dust and people driving over these lots. Peterson requested that our Public Works Department mow these lots. Hansen stated that it will be done tomorrow. Fehst stated that the auto parts store will be built there. Peterson again stated that the Memorial Day service, hosted by the VFW, will be on Monday, May 30, at 11:30 a.m. After the service there is a free lunch at the VFW Post. Attend and show our appreciation for our service men and women. Peterson stated: remember our service men and women; don't take yourself too seriously and do a random act of kindness. Fehst indicated that we were unable to video tape this meeting. It was broadcast live, but we will be unable to rebroadcast it. ADJOURNMENT Peterson adjourned the meeting at 8:55 p.m. 3 iii_ .. ' .:...6: ' atty Muscovitz, • C Cis! erk RESOLUTION NO. 2011 -37 BEING A RESOLUTION ACCEPTING THE FEASIBILITY REPORT FOR THE 2011 WATER MAIN CLEANING AND LINING PROGRAM AND ORDERING THE PUBLIC IMPROVEMENTS CITY PROJECT —NO. 1103 WHEREAS, the City Council has initiated a water main cleaning and lining program under the City of Minneapolis' annual cleaning and lining program, and WHEREAS, a report has been prepared by the Director of Public Works with reference to the 2011 Water Main Cleaning and Lining Program, and WHEREAS, the 2011 Water Main Cleaning and Lining Program includes the following main segments: • Polk Place and Polk Circle • Pierce Terrace, Polk Place to Matterhorn Drive City Council Minutes Monday, May 23, 2011 Page 8 of 8 • Johnson Street, North of Innsbruck Parkway to Lincoln Terrace • Lincoln Terrace, Johnson Street to Pierce Terrace WHEREAS, the report provides information regarding whether the proposed project is feasible, necessary and cost effective, and Said report is hereby received by the City Council of Columbia Heights on May 23, 2011. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA 1. The Council will consider the improvement of such water mains in accordance with the report and the assessment of water services to abutting or benefited property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $35,500. 2. Such improvement is necessary, cost - effective, and feasible. 3. Such improvement is hereby ordered as proposed in the Council Resolution adopted 23rd of May, 2011 4. These improvements shall also be known as Project No. 1103 5. The City Engineer, Kevin Hansen, is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. RESOLUTION 2011 -36 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 Steve Elie (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 1231 -33 Circle Terrace Blvd. 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 April 12, 2011 of an public hearing to be held on May 23, 2011. 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 February 9, 2011, inspection office staff sent a letter requesting the owner of the property submit the rental license application for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on April 12, 2011 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. a. 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 and failure to schedule an annual rental relicensing inspection 3. 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 F10247 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.