Loading...
HomeMy WebLinkAbout10/14/2013 Regular OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY,OCTOBER 14,2013 THE FOLLOWING ARE THE MINUTES FOR THE REGULAR MEETING OF THE CITY COUNCIL HELD AT 7:00 PM ON MONDAY,OCTOBER 14,2013 IN THE CITY COUNCIL CHAMBERS,CITY HALL, 590 40TH AVENUE N.E., COLUMBIA HEIGHTS,MINNESOTA. 1. CALL TO ORDER/ROLL CALL/INVOCATION Mayor Peterson called the meeting to order at 7:05 PM. Members Present: Mayor Peterson, Council member Schmitt, Council member Williams, Council member Diehm, and Council member Nawrocki. Staff Present: City Manager Walt Fehst, Assistant to the City Manager/HR Director Linda Magee, Public Works Director Kevin Hansen, City Attorney Jim Hoeft, and City Clerk/Council Secretary Tori Leonhardt. Pastor Bill Hugo of St. Matthew Lutheran Church gave the invocation. 2. PLEDGE OF ALLEGIANCE Recited 3. ADDITIONS/DELETIONS TO MEETING AGENDA 4. PROCLAMATIONS, PRESENTATIONS,RECOGNITION, ANNOUNCEMENTS, GUESTS Mayor Peterson read the proclamation declaring the week of October 20-27, 2013 as Family Promise Week. This is the only charitable nonprofit group that helps homeless families from across Anoka County. Nawrocki wanted to note the passing of Roy Meinhardt, who was a firefighter for 20 years in our City. Nawrocki also brought up that he had received some requests for Dom Hebzynski about creating a memorial for him and he was not sure if that should go through the Recreation Commission. Felist stated that our intention is to refer this to the Park and Recreation Commission and let them decide what would be appropriate. Peterson announced tomorrow there will be a retirement celebration for Lee Okerstrom at the Public Safety building from noon to 2 PM. He also announced that this past Saturday he was at the Mall of America to present the first annual "City of Peace" award to the Nuestros Pequenos Hermanos ("Our Little Brothers and Sisters"in Spanish)fi-oin Mexico for all the work they have done to save so many children's lives. Columbia Heights High School student, Jesus Quizhpi translated Peterson's speech that evening. He encouraged everyone who would like to help in anyway, to contact Midwest Director, Molly Boyum at NPHUSA at mboyumgnphusa.or . This will be an annual award that will be presented on behalf of the City. Peterson also stated he invited Jesus and his family to celebrate with him at the Taste of Heights celebration November 22nd. Peterson commended the Columbia Heights schools for the awards they have been receiving lately. Superintendent Kathy Kelly was selected as the 2013 MN Supervision and Administration Division Art Educator of the Year and Highlands Elementary Art School Teacher, Joy Baleisis was named the 2013 Minnesota Elementary Level Co-Art Educator of the Year. We had four 2013 CHHS City Council Meeting Minutes Monday,October 14,2013 Page 2 of 10 graduates and two current seniors named National Advanced Placement (AP) Scholars, placing them among the top academic students in the nation. It shows our schools are working hard and achieving awards. Peterson also announced that our football team will be playing on Saturday and encouraged everyone to attend. 5. CONSENT AGENDA Council member Nawrocki asked that items C, D, E, F, and H be removed from the Consent Agenda for further discussion. City Manager Fehst took the Council through the remaining items on the Consent Agenda A. Approve City Council Meeting Minutes of September 23,2013 MOTION: Move to approve the City Council Meeting Minutes of September 23, 2013. B. Accept Board and Commission Meeting Minutes MOTION: Move to accept the September 4, 2013 Library Board Meeting Minutes. C. Adopt Resolution 2013-74, Regarding LELS Labor Agreement--Police Officers-REMOVED D. Grant Agreement between the City of Columbia Heights and the Anoka County HRA Regarding Disbursement of Levy Funds-REMOVED E. Approve Funding Agreement with MWMO in the Amount of$795,000 and Authorize the Preparation of Plans and Specifications/Design En ig'neer-REMOVED F. Adopt Resolution 2013-89 being a resolution ordering preparation of a Feasibility Report for the Alley Rehabilitation Program-REMOVED G. Approve Gambling Permit: Immaculate Conception Church bingo event for November 17 2013 MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a gambling permit for Immaculate Conception Church to conduct bingo at their event being held November 17, 2013 at 4030 Jackson Street NE, Columbia Heights; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing body. H. Approve Transfer of Funds for AHDTF Overtime Grant Reimbursement, Recycled brass from Range, Overtime Details @ CHHS,Detox Transports, and TZD Grant reimbursement from General Fund to Police Department line items-REMOVED 1. Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for October 14, 2013, as presented. J. Payment of Bills MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8, the City Council has received the list of claims paid covering check number 149567 through 149818 in the amount of$1,315,529.08. City Council Meeting Minutes Monday,October 14,2013 Page 3 of 10 Motion by Diehm, seconded by Nawrocki, to approve the Consent Agenda with the exception of items C, D, E, F, and H that were removed for further discussion. Upon Vote: All Ayes. Motion Carried. Discussion on Items Removed from the Consent Agenda: Item C: Adopt Resolution 2013-74, Regarding LELS Labor Agreement--Police Officers Council member Nawrocki wanted to know which officers we are talking about as it does not indicate if they are regular officers or sergeants and what the metro averages are for these positions. Magee stated what you have before you is the LELS Labor Agreement for police officers. Our sergeants are covered by LELS also, but in a separate bargaining unit and negotiations are still occurring with them. What you have before you is consistent with settlements of other contracts for 2013-2014 in the City. Nawrocki stated it would be nice to what those so called salary figures are for other similar sized communities. Schmitt asked in regards to the holidays, is this consistent with the other unions? Magee responded that this is consistent with what we granted in January 2014 to those who are similarly situated, that being the firefighters. Motion by Diehm, seconded by Williams, to waive the reading of Resolution 2013-74, there being ample copies available to the public. Upon Vote: All ayes. Motion carried. Motion by Diehm, seconded by Williams, to adopt Resolution 2013-74, regarding the Labor Agreement between the City of Columbia Heights and Law Enforcement Labor Services, Local 311, for calendar years 2013 and 2014. Upon Vote: All ayes. Motion carried. Item D: Grant Agreement between the City of Columbia Heights and the Anoka County HRA Regarding Disbursement of Levy Funds Nawrocki indicated he would like an explanation as to what we are proposing to do. Clark stated the Council has approved the HRA of Anoka County to issue tax levies for the EDA so you could view this as the City getting housing funds for 2008-2012 and 2013-2017 for redevelopment. In December 2012 we made a significant purchase of the Mady's property. We fronted the money, approximately$900,000 to buy this property and we are going back to the county to get the funds back. These are unobligated funds. In addition to that, Anoka County would advance to us the upcoming funds for 2013 and 2014. It is a way for us to reimburse ourselves through our levy funds early. After 2014 we will see if we are short at all. It gets our reimbursement back that we have coming and gives us advancement back for two years. Nawrocki wanted to know how 37th and Central fits into this. Clark indicated he put other projects out there where the city has approved. A $100,000 for 37th and Central, a matching rehab at 3805 2nd Street, a Make your Heights your Home grant, a DEED Root Grant and the Mady's purchase. Nawrocki asked how much we will be getting. Clark stated around 1.5 million dollars. City Council Meeting Minutes Monday,October 14,2013 Page 4 of 10 Motion by Williams, seconded by Schmitt, to approve Grant Agreement by and between the City of Columbia Heights and the Anoka County Housing and Redevelopment Authority dated October 14, 2013, regarding the Disbursement of Levy Funds. Upon Vote: All ayes. Motion carried. Item E: Approve Funding Agreement with MWMO in the Amount of$795,000 and Authorize the Preparation of Plans and Specifications/Design Engineer Council member Nawrocki asked if the City Engineer could give an overview of the project for the residents. Hansen informed the Council in 2008 we looked at a feasibility report to address flooding issues around Jackson Pond. It was recommended to improve the flooding capacity to change it from a wet pond to a dry pond. At that time we looked for funding for the project. With that the City entered into the Mississippi Water Shed Management Organization, we were able to get financial help. They will provide us with 100% of funding up to $795,000 and if it goes over that it would be at the City's expense. The second part before you tonight, is to authorize us to precede with the plan preparations which we estimate to be about four to five months. Nawrocki stated you are going to increase the capacity of the pond, but you are going to decrease the slope so you can cut the grass, to me that is decreasing how much water the pond can hold. Hansen stated the way they would increase the capacity of the pond is, right now Jackson Pond has a standing water pool that is 4.5 — 5 feet deep and we would remove that completely and that volume where water always stands now has no capacity for flood storage and we would take up that volume to allow for dry storage. Nawrocki asked how much we contribute to this organization. Hansen stated he would have to check into it and indicated that about 90% of the land area in Columbia Heights is part of this water shed. Nawrocki indicated you are proposing a $59,814 contract with an engineering firm, why are we not going out for bids. Hansen stated there are a couple of reasons why we are not going out for an RFP. One is because the firm that we are recommending is both the MWMO firm that they have worked with and two they have worked on our storm system since 1999 and have done all the storm water modeling. It would not be cost effective to have another firm come in and do this. Nawrocki stated he did not feel that we really know if we are getting the best deal if we do not go out for bids. He believes we should go out to bid and in the past when we have gone out for bids we have received a better deal. Hansen stated this is one time he is not recommending that we go out for bids. Fehst added that we do not contribute to them; this is a separate tax district. Nawrocki stated to do the same job we are paying a considerable amount of money. Fehst stated we do not have control on their taxes. Nawrocki stated the people are still paying it through their taxes. Peterson stated we knew that was going to happen. Motion by Williams , seconded by Schmitt, to enter into a funding agreement with the Mississippi Watershed Management Organization (MWMO) for the Jackson Pond improvements for an approved amount not to exceed $795,000; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Upon Vote: All Ayes. Motion Carried. Motion by Williams, seconded by Schmitt, to authorize the preparation of plans and specifications and move to accept a professional services agreement with WSB &Associates for complete design,bidding, and construction management services for the Jackson Pond improvements in the amount of$59,814; and, furthermore, to authorize the Mayor and City City Council Meeting Minutes Monday,October 14,2013 Page 5 of 10 Manager to enter into an agreement for the same. Upon Vote: All Ayes. Motion Carried. Item F: Adopt Resolution 2013-89 being a resolution ordering preparation of a Feasibility Report for the Alley Rehabilitation Program. Motion by Williams, seconded by Schmitt, to waive the reading of Resolution 2013-89, there being ample copies available for the public. Upon Vote: All ayes. Motion Carried. Motion by Williams, seconded by Schmitt, to adopt Resolution 2013-89, being a resolution ordering preparation of a Feasibility Report for Alley Rehabilitation Program. Council member Nawrocki asked if the City Engineer could give an overview of this project for the residents. He was concerned with who is going to be paying the $5,000 for improvements. Hansen indicated that we have approximately 7 miles of bituminous alleys within the city and about 10 miles of concrete alleys and looking at a maintenance agreement for crack sealing. Tonight we are asking for approval to look at preparing a Feasibility Report. Nawrocki indicated he would not be surprised if the study comes back that they recommend extensive reconstruction. He went through all the alleys and agrees there should be some patching, but should not be extensive. He would hate to see a recommendation come back to do a lot of unnecessary rebuilding. Upon Vote: Roll Call Vote: Schmitt: aye, Williams: aye, Diehm: aye, Nawrocki: nay, Peterson: aye. 4 ayes; 1 nay. Motion Carried. Item : Approve Transfer of Funds for AHDTF Overtime Grant Reimbursement, Recycled brass from Range, Overtime Details n� CHHS,Detox Transports, and TZD Grant reimbursement from General Fund to Police Department line items. Nawrocki asked for some explanation on the proposal. Fehst stated this is similar to what we bring to you for transfer of funds to overtime fund. Fehst went through the individual amounts to be transferred. Motion by Williams, seconded by Schmitt, to transfer$9,922.87 received as reimbursement under the Safe and Sober grant (TZD), and the $586.68 received as AHDTF overtime, and the $420 received for detox transports, and the $4,526.00 received from School District#13 for security and traffic enforcement details be transferred to line item 1020, Overtime from the General Fund to the Police Department 2013 Budget: Motion by Williams, seconded by Schmitt, to transfer $466.36 received from the recycling of spent brass shell casings recovered from the range be transferred to line item 2070, Training and Instructional Supplies. Upon Vote: All ayes. Motion Carried. 6. PUBLIC HEARINGS There were no public hearings on tonight's agenda. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions Second Reading;of Ordinance 1613, being an Ordinance establishing an Art Commission City Council Meeting Minutes Monday,October 14,2013 Page 6 of 10 Motion by Williams, seconded by Schmitt, to waive the reading of Ordinance 1613, there being ample copies available to the public. Upon Vote: All ayes. Motion Carried. Motion by Williams, seconded by Schmitt to adopt Ordinance 1613, establishing an Arts Commission. Motion by Schmitt to amend the Ordinance 1613 as follows: (7) The Majority of the commission members must be residents of Columbia Heights in any given year. (8) Nonresidents considered should be individuals that have connections to the City of Columbia Heights by either working within the city limits, have gone to school in Columbia Heights or have family members still living in Columbia Heights. Peterson felt that even if someone who does not have any commitments to the city, they may be valuable to the commission. Schmitt indicated she does not have a problem with that but if you are authorizing the commission to purchase art, we are authorizing someone outside the city telling us what to do. This should be done by the residents of the city. Malcolm Watson, 1717 49,h Avenue NE, suggested that the Council go to the city of International Falls and look at the art done on the buildings up there. They depict the history of what has made that area what it is today. If we had something depicting our mills, foundries or street cars along 40"' Avenue that would be wonderful. Watson indicated he left messages to find out who the artist was and how much it was to commission him. Catherine Vesley, 5135 Matterhorn Drive, had the opportunity to be on the Minneapolis Art Commission and she agrees that the majority of commission should be residents or directly related to the city. She also believes it is important however, to have the option that they do not have to work, or have a direct connection as they may want to be a donor because they like the Columbia Heights area or whatever. Williams asked for clarification on what she is recommending. Vesley feels it would be a mistake to limit who can be on the commission. You can also change it later. Roseanne Rivers stated she thinks it is a great idea to leave it open to get the best people on this commission and to work with the residents. There is more than paintings; there are statues and other things that depict art. Schmitt stated, as in all of our commissions, we have liaisons and we should have one on this one too. She does agree that she would like to keep the majority of the members as residents. You can still have a non-voting member be a part of it that is not a resident,but not a voting member. They can still give their input. Motion by Schmitt, seconded by Nawrocki to adopt Ordinance 1613, establishing an Arts Commission with amendments E (6) and (7). Upon Vote: All ayes. Motion Carried. City Council Meeting Minutes Monday,October 14,2013 Page 7 of 10 Motion by Schmitt to Amendment E 3. To read: The City Council appoints the members to the commission, seconded by Nawrocki. Upon Vote: Roll Call, Schmitt aye, Williams nay, Diehm nay, Nawrocki aye, Peterson nay. 3 Nays, 2 Ayes. Motion Failed. Mayor Peterson felt that this would slow down the process. He feels we are making this too complicated. Schmitt stated that normally she does agree,but you may not be here for the next 100 years. Schmitt stated Council meets every two weeks, which is plenty of time to appoint someone. Diehm is comfortable with the Mayor making the appointments and if we have a council liaison that is fine. Discussion on original motion. Nawrocki indicated he had several comments from residents for standing up for the residents. Fehst stated that clearly at some point in the future there may be startup money, but we do not have a budget for this commission at this time. Diehm pointed out while the rest of us do not prepare written comments we do receive mail from residents. We clearly talk to different people and that is the joy of representing the people. Vesley readdressed the Council stating by having a commission it allows you to get grants from different organizations. It is a conduit for that. It is one of the major reasons to set up an art commission. Peterson indicated he grew up in NE Minneapolis and seen areas go downhill and become run down. Now, if you want to buy property there it is expense and contributes most of the turnaround to the art community and art a whirl. If this would help Columbia Heights get better and bring people here that is what it is all about. Jane Pauly, 4109 Cleveland Ave, expressed that you cannot put a dollar amount on art and what it means for people or to people who live here. Look at Silverwood Park for instance, it reduces stress, improves social skills,helps with problem solving abilities, helps students achieve higher test scores and so much more. Williams called the question. Motion by Williams, second by Schmitt to set the second reading October 28, 2014. Upon vote: All ayes. Motion carried. B. Bid Considerations There were no bid considerations C. New Business and Reports There was no new business or reports 8. ADMINISTRATIVE REPORTS Report of the City Manager Fehst indicated that he seen a report on Banksy from England that they have torn down the walls and have sold them for the art. City Council Meeting Minutes Monday,October 14,2013 Page 8 of 10 Fehst reminded the Mayor and Council that after the meeting tonight there will be an Executive Session to discuss an offer from the ownership company on the Northeast Business Center building located at 3989 Central Avenue NE. Nawrocki asked about the trimming of the bushes at 48t" and 6t" street, have they passed our inspection. Fehst indicated public works stated that it is almost to our requirements and they are still working with the residents. Nawrocki indicated he brought up about the City's use and the high cost of Anoka County's internet service. He would like some information on it. He stated we have had budget discussion on four of the ten departments and would like to know when we are going to discuss the other six. Fehst stated that at the next work session. Nawrocki noted at the shopping center on 49t1i and University there is more trash lying around along with a couch and mattress. Fehst stated we have had problems there and people are dropping items off at that property. He will notify the fire department. Nawrocki indicated at 3937 Main Street there have been problems with trash in the yard. Fehst stated he went by the property and there was very little in the way of trash. There has been a problem in the past with too many people living there and that is no longer the case and we should see that problem correcting itself. Feels it would be a good neighborhood gesture to go over and clean it up and let the owner know so they are aware how residents in the area know how they like the neighborhood kept. Nawrocki stated at 44t1i and University on the north side of 44th (it is a multi-dwelling) has a large overflow of trash in their containers. Report of the City Attorney Hoeft stated there was an Executive Session after the September 23'd Council meeting to discuss an offer from the ownership group of the Northeast Business Center located at 3989 Central Avenue. Peterson questioned what was happening with the Mady's site. Clark stated the state has to get a permit to demolish and then take everything out of the property. The target goal was to have it done no later than October 30t1', we now think no later than November 5"' Peterson went over the delays with the cement work at the Legacy Garden and stated we are doing the best we can to get this done to have a fall dedication. 9. CITIZENS FORUM Mayor Peterson asked that we keep our service men and women in our thoughts and prayers and to do a random act of kindness. 10. ADJOURNMENT Mayor Peterson adjourned the meeting at 8:33 PM. City Council Meeting Minutes Monday,October 14,2013 Page 9 of 10 Tori Leonhkdt, City Clerk/Council Secretary RESOLUTION 2013-74 REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND LAW ENFORCEMENT LABOR SERVICES, LOCAL 311, POLICE OFFICERS WHEREAS, negotiations have proceeded between Law Enforcement Labor Services, Local 311, representing Police Officers of the City, and members of the City negotiating team, and said negotiations have resulted in a mutually acceptable contract for calendar years 2013 and 2014. WHEREAS, changes to the current contract are attached, and a copy of the 2013-2014 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 2013 and 2014 for Law Enforcement Labor Services, Local 311, Police Officers,bargaining unit employees of the City; and BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this agreement. Passed this 14th day of October, 2013. Offered by: Dielun Seconded by: Williams Roll Call: All Ayes RESOLUTION NO. 2013-89 BEING A RESOLUTION ORDERING PREPARATION OF A REPORT ON ALLEY IMPROVEMENTS WITH COMPLETE RECONSTRUCTION WHEREAS, the City Council of Columbia Heights is proposing to improve bituminous alleys in the city by complete reconstruction, and; WHEREAS, the City Council intends to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Section 429.011 to 429.111 (Laws 1953, Chapter 398, as amended), and Section 10313.201 to 10313.251, as follows: NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA that the proposed improvements be referred to Mr. Kevin Hansen, City Engineer, for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvements are necessary, cost effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, the estimated cost of the improvement as recommended and a description of the methodology used to calculate individual assessments for affected parcels. City Council Meeting Minutes Monday,October 14,2013 Page 10 of 10 Passed this 14th day of October, 2013 Offered by: Williams Seconded by: Schmitt