HomeMy WebLinkAboutAugust 23, 2004OFFICIAL PROCEEDINGS
CITY OF COLUMBIA HEIGHTS
CITY COUNCIL MEETING
AUGUST 23, 2004
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The following are the minutes for the regular meeting of the City Council held at :00 p.m. on Monday, August
23, 2004, in the City Council Chambers, City Hall, 590 40th Av enue N.E., Columbia Heights, MN.
Pastor Bill Hugo, St. Matthew’s Lutheran Church, gave the Invocation.
CALL TO ORDER/ROLL CALL
Present: Mayor Wyckoff, Councilmember Williams, Councilmember Nawrocki, Councilmember
Kelzenberg
Excused: Councilmember Ericson
PLEDGE OF ALLEGIANCE
- recited
ADDITIONS/DELETIONS TO MEETING AGENDA
Wyckoff removed item 5A5 from the consent agenda.
Nawrocki added discussion of the proposed 2005 Budget, Budget Class 101 cable TV program, and helping
residents with cleanup costs f rom sanitary sewer backups into a home, which came from the street. Wyckoff
placed these items as 7 D, E, and F.
PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS -
none
CONSENT AGENDA
City Manager Walt Fehst took Councilmembers through the Consent Agenda items.
1) Approve City Council Meeting Minutes for the August 9, 2004, regular City Council meeting
Motion
to approve the minutes of the August 9, 2004, regular City Council meeting as presented.
2) Accept Boards and Commissions Meeting Minutes
Motion
to accept the May 25, 2004, EDA meeting minutes.
3) Establish Special City Council Meeting for Tuesday, September 7, 2004, at 7 p.m. in the Council
Chambers
Removed for discussion
4) Establish Work Session Meeting Date for Tuesday, September 7, 2004, immediat ely following the
7:00 p.m. Special City Council Meeting - Removed for discussion
5) Accept Report of Don Salverda from the Leadership Planning Team Building Retreats held July 19
and August 2, 2004, and Adopt Resolutions Adopting Goals, Mission Statement, a nd Proposed
Rules of Conduct for the City of Columbia Heights – Removed for discussion
6) Approve Class B Premise Application for Columbia Heights Athletic Boosters for Charitable
Gambling at Star Central
Fehst stated there would be discussion at a future wo rk session regarding the use of State law to
determine rental for charitable gambling.
Motion
to direct the City Manager to forward a letter to the State Charitable Gambling Control
Board stating that the City of Columbia Heights has no objection to the issuance of a Class B
premises permit for the Columbia Heights Athletic Boosters Club in conjunction with activities at
City Council Minutes
August 23, 2004
Page 2 of 12
Star Central, 4005 Central Avenue N.E., Columbia Heights, Minnesota; and furthermore, that the
City Council hereby waives the remainder of the sixty - day notice to the local governing body.
7) Set Budget Work Session Meeting Dates – Removed for discussion
8) Designate Election Judge Salaries
Motion
to waive the reading of Resolution No. 2004 - 42, there being ample copies available to the
public.
Motion
to adopt Resolution No. 2004 - 42, being a resolution designating election judge salaries for
the 2004 Primary and General Elections.
RESOLUTION 2004 - 42
BEING A RESOLUTION DESIGNATING ELECTION JUDGE SALARIES
FOR THE 2004 PRIMARY AND GENERAL ELECTIONS
WHEREAS: There are scheduled elections in the City of Columbia Heights and the State of Minnesota; and
WHEREAS: Pursuant to City Charter, Section 30, and M.S.S.204A, the City Council has appointed qualified voters of
each election district to be judges of election; and
:
WHEREAS Anoka County Office of Elections subsidizes election judge salaries and the City of Columbia Heights
wishes to participate.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Columbia Heights does designate, for
the Primary and General Elections to be held on September 14, 2004 and November 2, 2004, an hourly remuneration
of $10.75 for head judge, $10.50 for Assistant Head Judge, and $10.25 for an election judge.
9) Approve Change Order No. 1 and Final Payment f or Miscellaneous Concrete Project #0300.
Motion
to authorize Contract Change Order No. 1 for additional work added to the contract by the
City to Ron Kassa Construction, in the amount of $10,644.80 with funding out of the appropriate
funds.
Motion
to accept the work for 2003 Miscellaneous Concrete Repairs and Installations,
City Project #0300 and authorize final payment of $1,980.23 to Ron Kassa Construction Inc. of
Elko, Minnesota.
10) Establish Date for Public Special Assessment Levy Hea ring for Zone 6 Seal Coat Project and Zone
7A of the Street Rehabilitation Program – Removed for discussion
11) Authorize Preparation of Plans and Specifications for State - Aid Storm Sewer Replacement on
Central Avenue, South of 49th Avenue
Motion
to order the preparation of plans and specifications for proposed Storm Sewer
Improvements on Central Avenue, south of 49th Avenue, Project #0405.
12) Approve 2005 Business License Fees Removed for discussion.
13) Approve Business License Applications
Motion
to approve the items as listed on the business license agenda for August 23, 2004, as
presented.
14) Approve Payment of Bills
Motion
to approve payment of the bills out of the proper funds as listed in the attached check
register covering Check Numbe r 109536 through 109709 in the amount of $1,138,247.42.
Nawrocki questioned check #109548. Fehst indicated this was for training for the Community
Development Director.
Motion
by Williams, second by Kelzenberg, to approve the Consent Agenda items, removi ng items
# 3, 4, 5, 7, 10, and 12. Upon vote: Kelzenberg, aye; Williams, aye; Nawrocki, aye; Wyckoff, aye.
City Council Minutes
August 23, 2004
Page 3 of 12
Motion carried.
Four ayes.
Nawrocki requested discussion move on to item 7C indifference to those present in the audience for
these items. Wyckof f wished to complete the items removed from the consent agenda.
#3 Establish Special City Council Meeting
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Nawrocki indicated concerns with the September 7 recommendation. Fehst stated the need to hold this
meeting during the suggested week for consider ation of a ballot referendum item, which must be submitted
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to the County by September 10 . The budget levy will be discussed at the work session tomorrow evening
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and a decision made at the September 13 City Council meeting. Members agreed on Thursday, S eptember
9, 2004.
Motion
by Kelzenberg, second Williams, to establish a special City Council meeting on Thursday,
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September 9 , at 7:00 p.m. in the Council Chambers to discuss whether to place the matter of building
gymnasiums as a referendum item on th e November 2004 general election ballot and, if so, approving
language to certify to the County by September 10, 2004. Upon vote: Kelzenberg, aye; Williams, aye;
Motion carried.
Nawrocki, aye; Wyckoff, aye. Four ayes.
#4 Establish Work Session Meeting D ate for Tuesday, September 7, 2004, immediately following the 7:00
p.m. Special City Council Meeting
Fehst indicated this work session would not be necessary.
#5 Accept Report of Don Salverda from the Leadership Planning Team Building Retreats held July 19 and
August 2, 2004, and Adopt Resolutions Adopting Goals, Mission Statement, and Proposed Rules of
Conduct for the City of Columbia Heights
Fehst indicated these items were discussed and agreed upon at the meetings with Mr. Salverdat the previous
two M ondays. He read the proposed external and internal goals and described the reasoning for each.
Fehst referred to the loss of state aid and the need to find ways to complete projects and deal with
additional tax burdens. Responsibilities will be given to di vision heads with reports given back to the City
Council. Fehst read and indicated the mission statement would be published and placed in prominent
places, and he read the proposed rules of conduct for the City of Columbia Heights.
Wyckoff felt these sess ions were helpful and suggested this be done yearly. She referred to some staff
comments during the meetings.
Nawrocki questioned external goal #4 and internal goals #3 and #5. He felt the money and time used for
these meetings could have been better spe nt. Nawrocki disagreed with the rules of conduct, as they refer
only to the City Council and not staff. Fehst referred to alternative revenue goals and the difficulty offering
the same services on a reduced budget. He indicated that every reference to Coun cilmembers could include
“and staff”. Nawrocki referred to personnel positions added when aid was increased and the understanding
that they would be eliminated through attrition after the programs ended. He suggested looking for more
collaborative ways to reduce the budget. Staff should offer alternative solutions with pros and cons listed.
He complimented Jean Kuehn for the information received on the recycling program contract.
Motion
by Williams second by Kelzenberg Move to waive the reading of Reso lution 2004 - 43, there being
ample copies available to the public. Upon vote: Kelzenberg, aye; Williams, aye; Nawrocki, aye; Wyckoff,
Motion carried.
aye. Four ayes.
Motion
by Williams, second by Kelzenberg, to adopt Resolution No. 2004 - 43, being a resol ution adopting
the goals by priority of the City of Columbia Heights.
City Council Minutes
August 23, 2004
Page 4 of 12
Motion to amend
by Nawrocki that goal #6 add “to develop ways to provide services with reduced funding
including collaborating with other units of government. Second by Williams.
Fe hst stated that goal #1 incorporates that idea.
Motion to
Upon vote: Kelzenberg, nay; Williams, aye; Nawrocki, aye; Wyckoff, nay. 2 ayes – 2 nayes.
amend failed.
Motion to amend
by Nawrocki to replace in Goal #1 the word “limited” with “less”. Second b y Williams.
Motion to
Upon vote: Kelzenberg, nay; Williams, aye; Nawrocki, aye; Wyckoff, nay. 2 ayes – 2 nays.
amend failed.
Motion
to amend by Nawrocki to eliminate goal #5.
Nawrocki stated this goal implies that we do not provide for keeping staff an d training. Fehst stated that we
do not want to lose the good staff we have.
Friendly amendment
by Nawrocki that goal #5 include the wording “to continue”. Second by Williams.
Friendly amendment to
Upon vote: Kelzenberg, aye; Williams, aye; Nawrocki, aye; Wyckoff, aye. 4 ayes .
Motion carried
.
Upon vote of the original motion: Kelzenberg, aye; Williams, aye; Nawrocki, abstain; Wyckoff, aye. 3 ayes
Motion carried.
– 1 abstention.
Nawrocki indicated his abstention was because he believes the goals need improvement. Fehst stated the
goal is to keep taxes down and provide service.
RESOLUTION NO. 2004 - 43
BEING A RESOLUTION ADOPTING THE GOALS PROGRAM FOR THE CITY OF COLUMBIA HEIGHTS
WHEREAS, on July 19 and August 2, 2004, the City Council and City staff m et for goal setting sessions; and
WHEREAS, at the goal setting sessions the following priorities were drafted:
External:
Goal #1: To continue to provide quality services with limited funding
Goal #2: To understand and adapt to the demographic changes t aking place in the city
Goal #3: To improve the city’s housing stock
Goal #4: To attract new residents and retain existing residents and homeowners — to promote household growth to stabilize
the tax base
Goal #5: To contin ue to redevelop the city’s commercial and industrial property
Internal:
Goal #1: To improve overall teamwork and communication between council and staff and among the entire leadership team
Goal #2: To develop a 5 - 10 year long - range plan for the city
Go al #3: To develop alternate revenue streams to adapt to reduced government aid
Goal #4: To update the city’s 1 - 3 years goals
Goal #5: To place greater effort to continue attracting and retaining quality staff and providing leadership training and
develop ment opportunities for staff.
NOW, THEREFORE, BE IT RESOLVED that the Columbia Heights City Council adopt this goals program as presented
with the plan to have continued consideration of the goals and how they are being met, in addition to constant evaluat ion by
members of the Council and the staff.
Motion
by Kelzenberg, second by Williams, to waive the reading of Resolution No. 2004 - 44, there being
ample copies available to the public. Upon vote: Kelzenberg, aye; Williams, aye; Nawrocki, aye; Wyckoff,
Motion carried.
aye . Four ayes.
Motion
by Kelzenberg, second by Williams to adopt Resolution No. 2004 - 44, being a resolution adopting
the mission statement of the City of Columbia Heights. Upon vote: Kelzenberg, aye; Williams, aye;
City Council Minutes
August 23, 2004
Page 5 of 12
Motion carried.
Nawrocki, aye; Wyckoff, aye. Four ayes.
Nawrocki asked to move on to additional items. Wyckoff indicated they would after item #5.
RESOLUTION NO. 2004 - 44
BEING A RESOLUTION ADOPTING THE MISSION STATEMENT FOR THE CITY OF COLUMBIA HEIGHTS
WHEREAS, on July 19 and August 2, 2004, the City Council and City staff met for goal setting sessions; and
WHEREAS, at the goal setting sessions, the following Mission Statement was drafted:
“Our Mission is to provide high quality public services in a fair, respectful, and prof essional manner that effectively
addresses changing citizen and community needs in a fiscally responsible and customer - friendly manner.”
NOW, THEREFORE, BE IT RESOLVED that the Columbia Heights City Council adopt this Mission Statement for the City of
Colu mbia Heights.
Motion
by Kelzenberg, second by Williams to waive the reading of Resolution No 2004 - 45, there being
ample copies available to the public. Upon vote: Kelzenberg, aye; Williams, aye; Nawrocki, aye; Wyckoff,
Motion carried.
aye. Four ayes.
M otion
by Kelzenberg, second by Wyckoff, to adopt Resolution No. 2004 - 45, being a resolution adopting
the proposed Rules of Conduct for the City of Columbia Heights.
Motion to amend
by Kelzenberg to add “and staff”. Seconded by Wyckoff.
Motion to amend
by Nawrocki to strike rule #6 and rule #8.
Nawrocki indicated the right to free speech and to criticize, and referred to his views on the performance of
the City Manager.
Second by Williams. Upon vote: Kelzenberg, nay; Williams, aye; Nawrocki, aye; Wyckof f, nay. 2 ayes – 2
Motion to amend failed
nays. .
Williams stated that praise in public is a subjective thing. Fehst indicated this refers to personnel. It is
Council’s job to evaluate, criticize, and decide if they want a project. Wyckoff stated personal confrontation
should be discussed in private . Wyckoff referred to a situation in Colorado. She stated that she may not
agree with an item, but if it is voted on and goes forward, she would give it her full support.
Upon vote of the original motion: Kelz enberg, aye; Williams, nay; Nawrocki, nay; Wyckoff, aye. 2 ayes – 2
Motion failed.
nays.
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Deb Johnson, 999 41 Avenue, stated this type discussion is why residents do not know what is going on.
She had to call to find out when the gym referendum meeting was. She can not make the changed meeting
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date of September 9 . Nawrocki stated his unavailability for the recommended meeting date. Nawrocki
indicated to Ms. Johnson that he would present a written statement at the meeting if she wished. The
meeting to discuss the gym issue was not established until tonight.
Motion
by Williams to adopt the Rules of Conduct without items #6 and #8. Motion died for lack of a
second.
Wyckoff indicated that work session items tomorrow night (Tuesday) would include the Aud it of last year’s
finances, renewal of our refuse contract, and the budget.
PUBLIC HEARINGS
Public Hearing Called for Revocation/Suspension of Rental Housing License at 4631 - 33 Pierce Street N.E.
Mayor Wyckoff closed the Public Hearing regarding the rev ocation or suspension of the rental license
City Council Minutes
August 23, 2004
Page 6 of 12
held by Shadina McClendon regarding rental property at 4631 - 4633 Pierce Street N.E. in that the
property has been sold.
ITEMS FOR CONSIDERATION
Other Business
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1) Approve Conditional Use Permit (CUP) for Outdoor S torage at 674 - 682 39 Avenue N.E.
Ellen Berkelhamer, City Planner, described the location of the CUP outdoor storage request, which
the Planning and Zoning Commission has recommended for approval as it meets the zoning and
development ordinance requiremen ts. She indicated the types of items for storage. Berkelhamer
listed the conditions for approval. There is a fence outlining the area, which will be covered in a
phased basis as the storage area is needed. Items higher than six feet would be stored behind the
building to be blocked from view. She stated that Gerald Swan, owner, is present to answer
questions.
Nawrocki questioned the storage materials. Berkelhamer listed the types of items to be stored.
Nawrocki asked what would keep them from storing old cars or junk materials. Berkelhamer stated
that is not the intent of the CUP.
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Gerald Swan, 3109 131 Burnsville indicated his company’s desire to improve this property and
make this their home office. Swan stated they provide gas stations, water facilit ies, school systems,
Medtronics, and training schools. He does not want to return for permission every time a new type
of item is stored. Wyckoff asked if he intends to hire additional employees. Swan indicated his hopes
to do so.
Wyckoff questioned Cit y Attorney Jim Hoeft on adding to the CUP. Hoeft stated that the CUP does
not give permission to violate any other ordinances in place, such as the fire or junk code.
Nawrocki stated that the City Code is in place, but some parts of the industrial area have so much
junk stored it is appalling and nothing has been done to clean it up. He suggested language to
assure this does not happen. Hoeft indicated the need to be consistent and treat this property the
same as other industrial properties. Junk on othe r properties would be an enforcement issue.
Motion
by Kelzenberg, second by Williams, to approve the Conditional Use Permit for outdoor
storage at 674 - 682 39th Avenue NE, subject to certain conditions of approval that have been found
to be necessary to p rotect the public interest and ensure compliance with the provisions of the
Zoning and Development Ordinance, including:
1. The outdoor storage shall be located as indicated on the site plan.
2. The fencing along 39th Avenue and 38th Avenue shall be made at least 80 percent opaque.
3. Any materials greater than 6 ft. in height must be stored in the area closet to and behind the
principal structure so that visibility of storage is minimized from the public rights - of - way. Typical
maximum height of materia ls to be stored when in crates and on palettes shall be approximately 8 ft.
4. The Fire Department requires that the storage area be maintained with aisle ways so that they
may have access to all parts of the storage area. The Fire Department does not al low any storage to
exceed 20 ft.
5. The Fire Department requires that the business install an approved key lock box on the building
per Fire Department policy to provide keys for access to all areas of the buildings, fire
alarm/sprinkler system, and yar d gates.
6. All weeds shall be removed and area must be maintained in accordance with City Code.
7. The 80% opaque screening must be added to side yard fencing before additional storage area is
expanded in the future.
City Council Minutes
August 23, 2004
Page 7 of 12
Nawrocki requested a copy of the pe rtinent Ordinance dealing with conditional use permits for
property zoned as this.
Motion carried.
Upon vote: Kelzenberg, aye; Williams, aye; Nawrocki, aye; Wyckoff, aye. 4 ayes.
2) Approve the Development Contract and Final Plat for Grand Central Lofts
Be rkelhamer listed the background on this development and stated that in November 2003 the City
Council approved the preliminary plat, and in July 2004 a Public Hearing was held. The final plat
has been found to be consistent with the preliminary plat. This is a residential redevelopment plan
for three condominiums and 20 townhome units, community center and future ponding, serviced by a
new public street and by an internal circulation system. This also was platted to include the Arby’s
lot. The final plat is being done in phases, beginning with one condo and three townhomes. The
entire area is not yet owned and would come back to the Planning and Zoning Commission (P&Z)
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and City Council for platting. Access off 49 Avenue has been reviewed and in order for t he
connection to be made an additional 27 feet is necessary for the right turn. The developer would
dedicate that footage upon gaining control. The P&Z unanimously passed the final plat subject to
the provisions read.
Councilmembers questioned several i tems on the plat. Berkelhamer indicated there would be ingress
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and egress from 47 Avenue. The northern most condo, closest to the three townhomes, would be
constructed first. Each condo is approved for a maximum of 70 units, but they could have less. Upo n
permit application, $172,500 will be required for park dedication. This complies with the height and
roof treatment previously discussed for concerns in the Cheery Heights area. A grocery story may be
a future development on Outlot C. Outlot D is proper ty that would be transferred to the adjacent
property owner for commercial use to make it bigger. The activity building would be on Lot 1 Block
4, but would require P&Z site review. Kevin Hansen, Public Works Director, described details of the
street size and construction with no parking allowed on the west side, and possible parking on the
east side. Berkelhamer stated there would be parking on certain portions of the internal private
roadway. The Zoning Ordinance requires one parking space for each bedro om. The P&Z has
determined that the on street parking meets our Ordinance requirements.
Nawrocki indicated additional parking concerns. Berkelhamer stated the homeowner’s association
would address the number of cars allowed per household. Additional parki ng concerns would be a
marketing issue and people would purchase property only if it meets their lifestyle. There is an
eleven foot right - of - way. Hansen stated that two vehicles would fit in the driveway. John Feges,
representing the developer, gave a brea kdown of parking spaces and areas, which totaled 426
parking spaces.
Williams listed the amounts paid by the developer for improvements. Nawrocki commended the
developer on the good job of temporary fencing to handle erosion.
Upon request, Berkelhamer r ead the provisions listed in the motion and described the 30 - foot
triangle as the required site line at the corner of two streets. Most retaining walls will exceed four
feet in height.
Williams questioned if the City Attorney has read and approved the a greement. Hoeft indicated yes.
Motion
by Williams, second by Nawrocki, by to approve the Grand Central Lofts Development
Contract between the City of Columbia Heights and New Heights Development and Nedegaard
Custom Homes; and furthermore, authorize the Mayor and City Manger to enter into an agreement
City Council Minutes
August 23, 2004
Page 8 of 12
for the same. Upon vote: Kelzenberg, aye; Williams, aye; Nawrocki, aye; Wyckoff, aye. 4 ayes.
Motion carried.
Motion
by Williams, second by Nawrocki, to approve the Final Plat of Subdivision subject to t he
following conditions of approval that have been found to be necessary to protect the public interest
and ensure compliance with the provisions of the Zoning and Development Ordinance, including:
1. Upon approval of a final plat, the applicant shall be responsible for filing and recording the final
plat with the Anoka County Recorder’s Office within one year of the date of City Council action. In
the event that a final plat is not recorded within this time period, the final plat will become void.
2. The Developer must dedicate 27 ft. of right of way to Anoka County along the 49th Avenue
access.
3. The Developer must install a sidewalk along the 47th Avenue right - of - way from the west
boundary of the property east toward Fillmore, and include a sidewalk l ink to Central Avenue as part
of the development of the commercial parcel, Outlot C.
4. The Developer must make a park dedication contribution in the amount of $172,500 (or $750 per
unit for 230 units) prior to building permit issuance, in accordance with the Development
Agreement.
5. The Homeowners Association covenants will be submitted in a form acceptable to the City
Attorney, in accordance with the Development Agreement.
6. If the proposed retaining wall exceeds four feet in height, the final pl ans should include a wall
design by a registered engineer.
7. The Development shall provide the City of Columbia Heights with as - built drawings of all newly
constructed utilities, in both hardcopy and electronic (.dwg) format.
8. The City’s requirement f or intersection clear zone, or a 30 - foot triangle must be maintained at the
public road access on 49th and 47th Avenues, including the landscape and signage plan.
9. A copy of Anoka County’s acceptance of the right turn lane construction and lane restripi ng on
49th Avenue must be provided to the City Engineer.
Motion carried.
Upon vote: Kelzenberg, aye; Williams, aye; Nawrocki, aye; Wyckoff, aye. 4 ayes.
Remaining items removed from the consent agenda
#7. Set Budget Work Session Meeting Dates
Nawrocki questioned why there were no budget work sessions set in September. Fehst indicated this
was the preferred schedule in the past. Nawrocki stated this is extremely important and we need to
spend more time, not less on discussion. The first meeting in Octobe r is in two different buildings
with two different departments. Wyckoff indicated this has been the past practice and the meetings
are set now to allow time for posting and the public to be aware of the dates and times. Nawrocki
suggested starting earlier with Public Works, the Police Department and Administration budgets.
Fehst stated the levy must be set at the September 13 City Council meeting. The suggested schedule
allows for 13 budget meetings. Discussion included the preliminary budget. Bill Elrite, Finance
Director, stated this was past practice, but additional meetings can be set if Councilmembers choose
to do so. Department details are now being compiled.
Wyckoff indicated this would not allow for discussion of regular work session items. Fehst stated
that other items would then come directly before Council. Wyckoff suggested beginning with the
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Public Works, Police and Fire budgets. Meeting dates suggested were September 15 following the
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canvas of election results and September 20 .
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Motion
b y Nawrocki to call a special City Council meeting on Wednesday, September 15 , to
canvas the election results to be followed by a budget work session. Seconded by Williams. Upon
Mo tion carried.
vote: Kelzenberg, aye; Williams, aye; Nawrocki, aye; Wyckoff, aye. 4 ayes.
City Council Minutes
August 23, 2004
Page 9 of 12
Motion
by Nawrocki to establish work session meeting for Monday, September 20 for the purposes
of reviewing the 2005 Budget and other required items. Seconded by Williams. Upon vote:
Motion carried.
Kelzenberg, aye; Williams, aye; Nawrocki, aye; Wyckoff, aye. 4 ayes.
#10 Establish Date for Public Special Assessment Levy Hearing for Zone 6 Seal Coat Project and
Zone 7A of the Street Rehabilitation Program
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Nawrocki stated that he would not be available on October 12 and suggested holdi ng the special
assessment levy hearings prior to a City Council meeting, as there would be a better turn out.
Hansen asked that the regular meeting then be moved to 8 p.m. The hearings are separate and must
each have a specific start time. Wyckoff suggeste d the second meeting be set for 6:30 p.m. or
immediately following the first hearing. These hearings will not be televised.
Motion
by Nawrocki to establish a special meeting on Monday, October 11, 2004 at 6 p.m. as the
Public Special Assessment Levy Hear ing for City Project #0301 Seal Coat Project and at 6:30 p.m.
for City Project #0402, Zone 7A Street Rehabilitation, to be held in the City Council Chambers.
Seconded by Williams. Upon vote: Kelzenberg, aye; Williams, aye; Nawrocki, aye; Wyckoff, aye. 4
Motion carried.
ay es.
#12. 2005 Business License fees
Bob Streetar, Community Development Director, indicated fees were reviewed to insure they cover
our costs. He listed some of the current fees and the proposed license fees. Nawrocki questioned
justific ation of the tobacco license increase. Streetar indicated Police enforcement.
Motion
by Williams, second by Kelzenberg, to waive the reading of Resolution No. 2004 - 46, as
there are ample copies available to the public. Upon vote: Kelzenberg, aye; Willi ams, aye;
Motion carried.
Nawrocki, aye; Wyckoff, aye. 4 ayes.
Motion
by Kelzenberg, second by Williams, to adopt Resolution #2004 - 46, being a Resolution
adopting the 2005 Business License fee schedule as presented. Upon vote: Kelzenberg, aye;
Motion carried.
Williams, aye; Nawrocki, aye; Wyckoff, aye. 4 ayes.
RESOLUTION NO. #2004 - 46
ADOPTING 2005 BUSINESS LICENSE FEE SCHEDULE
WHEREAS: Ordinance No. 853, City Code of 1977, pertaining to commercial licensing regulations
provides for the establishing of annual license fees; and
WHEREAS: The City has participated in a survey of metropolitan municipalities regarding business
license fees charged by other communities; and
WHEREAS: The City is attempting to maintain business license fees which are compara ble to other
communities; and
WHEREAS: The City annually reviews its business license fee schedule and has concluded that our
fees are comparable to other communities in the metro area;
NOW, THEREFORE, BE IT RESOLVED that the attached proposed license fee schedule be adopted and effective
January 1, 2005.
2005 BUSINESS LICENSE FEES
Effective January 1, 2005 through December 31, 2005.
CATEGORY FEES ARTICLE SECTION
Arcades/Amusement Centers $500 IV 11
($5,000 Bond/$100 Inv.Fee) (PD)
Auto Recycling Dealer/Junk Yard $500 II 2
($1000 Bond) PD,FD, ZA
Beer Sales (PD, BI, FI) V 1
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On Sale ($150 Inv. Fee 1 time appl) $400
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Off Sale ($150 Inv. Fee 1 time appl) $150
Temporary Beer (per day basis) $100
Carnivals ($500 deposit & insurance) (PD) $50/day IV 8
City Council Minutes
August 23, 2004
Page 10 of 12
Christmas Tree Sales (FI) (P&Z Comm) $50 II 6
($200 Clean - u p Deposit)
Cigarettes/Tobacco Sales (S&H) $300 III 2
Contractors (Bond and Insurance) $60 IV 7
General (if not licenses by State) $60
Blacktop $60
Excavator $60
Masonry/Concrete $60
Moving $60
Demolition $60
Plaster/Stucco $60
Heating/Cooling $60
Gas Piping $60
Plumbing $60
Sign Installation $60
Courtesy Benches (Insurance)(Eng. Dept.) $25/each III 3
Games Of Skill (PD) $15/Location IV 4
Plus $15/machine
Kennels, Commercial (PD) $50 VI 9
Plus, per cage $10
Intoxicating Liquor Sales (PD, FI, BI)
Class A ( Inv. Fee $500 - $2000) $8,000
Class B (Inv. Fee $500 - $2000) $6,500 V 3
Class C (Inv. Fee $500 - $2000) $6,500 V 3
Class D (Inv. Fee $500 - $2000) $8,000 V 3
Class E (Inv. Fee $500 - $2000) $5,500 V 3
On Sale Wine (Inv. Fee $500 - $2000) $2,000 V 4
Sunday On - Sale Liquor $200 V 6
Temporary On Sale (Inv. Fee $500 - $200 0) $100/day V 10
“Club On Sale Liquor (Inv. Fee$500 - $2000) Per membership V 2
up to 200 members $ 300
201 to 500 members $ 500
501 to 1,000 members $ 650
1,001 to 2,000 members $ 800
2,001 t o 4,000 members $1,000
4,001 to 6,000 members $2,000
Over 6,000 members $3,000
Massage Therapist Business (PD,ZA) $500 VI 12
($250 Investigation Fee)
Massage Therapy, Individual (PD, ZA) $100 VI 12
($250 Investigation Fee)
Mot or Vehicle Fuel Dispensing Stations (FI) II 9
First Metering Device $50
Each Add'l. Metering Device $10
L.P. Gas Per Metering Device $50
Motor Vehicle Rental/Leasing (ZA) VI 4
A. New Application $75
B. Renewal Applic ation $50
Motor Vehicle Sales (New & Used) (PD) $300 II 7
Pawnbroker ($5,000 Bond/$100 Inv.Fee) (PD) $12,000 II 4
Pet Shop (PD)(Humane Officer) $50 VI 9
Pool/Billiard Hall ($100 Inv. Fee) (PD) $100 IV 2
Popcorn, Candy, F ood Catering Vehicles (PD) $50 VI 8
(Insurance - Public & Vehicle Liability)
Precious Metal Dealers ($5,000 Bond)(PD) II 4
($100 Investigation Fee)
New Applicant $300
Renewal $200
Secondhand Merchant Business ($5,000 Bond) $ 100 II 4
(Investigation Fee $100) (PD, FI, BI)
Exhibition/Convention/Shows/Expos($5,000 Bond) II 4
First Day $50
Each Additional Day $10
Sexually Oriented/Adult Business (PD,FI,ZA,AC) $10,000 VI 13
(Investigat ion Fee $500 - $10,000)
Peddlers/Solicitors & Transient Merchant (PD) II 3
A. Itinerant Hawker/Peddler $50/day; $100/mo.; $500/yr.
B. Transient Merchant $50/day; $100/mo.; $500/yr.
Tree Removal & Treatment (Ins.) (PWD) $60 VI 10
LATE PENALTY ON ALL ANNUALLY RENEWABLE FEES
1 - 15 DAYS LATE 25% PENALTY OVER ORIGINAL FEE
6 - 30 DAYS LATE 50% PENALTY OVER ORIGINAL FEE
OVER 30 DAYS LATE LEGAL PROCEDURES BEGUN
DEPARTMENTS RESPONSIBLE FOR APPROVAL OF LICENSE
PD - Police Dep artment FI - Fire Department
BI - Building Inspector PWD - Public Works Dept
S&H - Safety and Health Inspector CF - City Forester
City Council Minutes
August 23, 2004
Page 11 of 12
ZA - Zoning Administrator AC - Anoka County
All New Licenses Must Have Zoning Administrator’s Approval.
Additiona l items requested for discussion
Budget
Nawrocki indicated that Council has not received a proper budget. He referred to personnel positions that
have and have not been filled. Fehst stated there are currently 15 positions we are not paying salaries for
ri ght now. It is up to the City Council if they want to fill the positions. Nawrocki stated that the Public
Works Assistant position should not be filled until after the budget is determined, as we may need another
police officer rather than this position.
Budget Class 101
Wyckoff briefly described the cable T.V. program and indicated the same information has been given to
Rising to New Heights, Wednesdays with the Mayor, and to the City Council.
Nawrocki stated the program emphasizes there has been no reinvestment in the community. He listed
improvements such as upgrades to city hall and Murzyn, parks, storm sewer system, rebuild of the sanitary
sewer system, Public Works building and equipment, and the Police Department. He took exception to the
refere nce of “Bargain Boulevard”. Nawrocki stated he would not agree to a double - digit tax increase and
gave state averages for tax increases and per capita tax levies. Nawrocki stated that to fund development
you must find ways to provide services more effectiv ely, with private entities or other public services.
Fehst indicated that long time residents leaving the City generally feel nothing has been done in the last 15
years. We have begun investing in the community and will continue to do so. The industrial area will be a
$150,000,000 project, and the Grand Central Lofts project is $50,000,000. There have been certain things
done, but the record represented by Streetar is accurate.
Wyckoff stated that we have invested in the infrastructure and we have combi ned services with other
communities, and hired consultants to minimize costs.
Nawrocki stated that he did receive a partial list of consultants and does receive answers from the Finance
Director regarding bills and other questions. Since the vote to allo w the Manager to approve larger
expenditures, we are spending more.
Wyckoff stated that in 1994 54 percent of our budget was local government aid, which is now down to 31
percent.
Sanitary sewer
Nawrocki stated that nothing has been done to help reside nts with sewer backups caused by blockage in the
street line, and we should compensate people for the last 3.5 years where the problem was not their fault.
Fehst indicated that we will clean lines every three years, do the I & I program, and then the Leagu e of MN
Cities Insurance Trust will insure us for such events. The non - payments were the result of private line
backups.
Wyckoff stated that John Murzyn looked at her basement drain problem. Hansen stated that staff would do
that for residents.
ADMIN ISTRATIVE REPORTS
Report of the City Manager - none
Report of the City Attorney - none
City Council Minutes
August 23, 2004
Page 12 of 12
CITIZENS FORUM
th
Harold Hoium, 5 Street, spoke on criminal activity, Fire Department enforcement, and empty buildings.
Nawrocki indicated that Mr. Hoium should call th e Police at the time of his concern. Williams stated that
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removal of the motel on 37 and Central with reduce crime in the City.
COUNCIL CORNER
Kelzenberg
th
? ?
Special City Council meeting on September 9 to discuss a referendum for gym space. We need to
m ore do for our community.
Williams
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Referred to letter from Police Chief Johnson thanking Councilmembers for participating in National
Night Out, and indicating there were over 1,000 participants. Councilmembers are encouraged to do
a ride - along with an officer.
? ?
Email form Mark Hinrichs suggested addition to entrance sign indicating “purest drinking water in
North America”. Hoeft stated that we could say it is the best water. Nawrocki suggested both sides
of the sign.
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Pray for the peace and health of our citizens.
Wyckoff
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Next formal City Council meeting will be Monday, September 13, but there will be a special
meeting on Thursday, September 9.
? ?
First Wednesdays with the Mayor will begin again in September. Speakers will be the Library
Director and the Recreation Director.
Nawrocki - none
ADJOURNMENT
Mayor Wyckoff adjourned the meeting at 10:45 p.m.
___________________________________
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary