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HomeMy WebLinkAboutAugust 12, 2002 COLUMBIA HEIGHTS CITY COUNCIL MINUTES AUGUST 12, 2002 COUNCIL CHAMBERS 7 P.M. The invocation was provided by Pastor Law from Community Methodist Church. Mayor Gary Peterson called the meeting to order at 7:08 p.m. Motion by Councilmember Szurek, seconded by Councilmember Williams, to appoint Carole Blowers as Secretary Pro Tern Motion passed unanimously. Roll Call: Present: Nawrocki, Szurek, Williams, Wyckoff, Peterson The Pledge of Allegiance was said. ADDITIONS/DELETIONS TO MEETING AGENDA Councilmember Williams asked that the item appointing a citizen to the Police/Fire Civil Service Commission be added. The Mayor stated this item would be added to the agenda and discussed under "Items for Consideration" later in the agenda. PROCLAMATIONS~ PRESENTATIONS~ RECOGNITIONS AND GUESTS There were no proclamations or new employees to be introduced. Mrs. Jim Nelson, a resident of Columbia Heights, introduced Saho Harada, a 13-year-old girl from Yamaguchi City, Japan, who is staying with her in connection with an Anoka County 4-H youth exchange program. Ms. Harada presented Mayor Peterson with a letter from the Mayor of Yamaguchi City, and she also presented various maps and other items to the council from Japan. Ms. Harada will be in our city until August 22nd. The Mayor accepted a donation of $272.00, which was received at the Police and Fire Appreciation Event on Friday, August 2, 2002. This donation will be split evenly between the Police and Fire Departments. The businesses and individuals who helped with the event were thanked. Rand Rittmiller presented beautifully framed appreciation plaques to the Police Chief and Fire Chief, which had prayers for the fire and police personnel stated on the plaques. CONSENT AGENDA The following items were removed from the consent items: · Authorizing financial assistance for the 2003 Columbia Heights Historical Society calendar · Authorizing capital equipment replacement for unit #309, Graco Linelazer III line striper · Adopting resolution No. 2002-49, approving a lot split of the property at 325 Summit Street N.E. MOTION by Councilmember Nawrocki, seconded by Councilmember Wyckoff, and approved unanimously to approve the following Consent Agenda items: Minutes for Approval MOTION: Approve the minutes of the July 22, 2002, regular City Council meeting as presented. (Councilmember Nawrocki questioned the number of units reported in the minutes for the St. Tim's project; it was decided the number mentioned in the minutes were correct.) City Council Minutes August 12, 2002 Page 2 of 14 Adopt Resolution No. 2002-51, being a resolution authorizing participation in the Safe and Sober Communities Grant Program for 2003 MOTION: Waive the reading of Resolution No. 2002-51, there being ample copies available to the public. MOTION: Adopt Resolution No. 2002-51, being a resolution authorizing participation in the Safe and Sober Communities grant program. RESOLUTION NO. 2002-51 RESOLUTION AUTHORIZING PARTICIPATION IN THE SAFE AND SOBER COMMUNITIES GRANT PROGRAM WHEREAS, the mission of the Columbia Heights Police Department is to ensure the safety and security of the community. In fulfilling this mission, the Police Department engages in numerous activities including traffic safety education and enforcement; and WHEREAS, the State of Minnesota, Minnesota Department of Public Safety, Office of Traffic Safety recognizes the importance of traffic safety education and enforcement and has developed a grant program called SAFE & SOBER COMMUNITIES to encourage and supplement such efforts; and WHEREAS, the Columbia Heights Police Department wishes to participate with other Anoka County law enforcement agencies in the current SAFE & SOBER COMMUNITIES grant program which will run from October 1, 2002, through September 30, 2003. NOW, THEREFORE BE IT RESOLVED that the Chief of Police of the Columbia Heights Police Department or his designee is hereby authorized to exercise such agreements and amendments as are necessary to implement the SAFE & SOBER COMMUNITIES project on behalf of the City of Columbia Heights and the Columbia Heights Police Department. Passed this 12th day of August, 2002. Approve Transfer of Funds from General Fund to Police Department Budget to Reimburse Overtime Fund MOTION: Transfer $11,225.98, the total amount received from Unique Thrift Store, Columbia Heights High School, Columbia Heights Recreation Department, Valley View PTA, CHHS All Night Party Committee, and the Palace Bar for off duty security worked, from the General Fund to the Police Department 2002 Budget under line 1020, Police Overtime. Authorize Columbia Heights/NEI College of Technology Lease Agreement for use of West Gymnasium from September 1, 2002 through May 31, 2003. MOTION: Approve lease agreement with NEI College of Technology for use of West Gymnasium from September 1, 2002 - May 31, 2003 upon terms stated in lease and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. (Note: The Mayor stated this agreement is only for the west gymnasium as the east gym is unsafe.) Authorize NPDES Phase II Permit: LMC Guide Plan Agreement MOTION: Authorize the Mayor and City Manager to sign the Letter of Understanding with the LMC for the NPDES Phase II guide plan development; and furthermore, authorize payment not-to-exceed $5,000 from the Storm Water Utility Fund, 604-49650-3050. City Council Minutes August 12, 2002 Page 3 of 14 Approve Professional Services Agreement with American Engineering Testing for the Central Avenue Improvements MOTION: Approve the contract with AET, Inc. in an amount not-to-exceed $27,500 with funding designated from project fund 402-59912-3050, and furthermore; to authorize the Mayor and City Manager to enter into an agreement for the same. Authorize final payment for 2002 Street and Parking Lane Striping MOTION: Accept the work for 2002 Street and Parking Lane Striping and to authorize payment of $4,541.34 to AAA Striping Service Company of Rogers, MN. Establish hearing date of August 26, 2002 for Revocation or Suspension of a license to operate rental property at 1224-1226 Circle Terrace Blvd.. 1231-1233 40th Ave., 5101 7th St. & 3823 Polk St., 3740 2nd St.. 4536-4538 7th St., 1206-1208 Circle Terrace Blvd., and 4524 Monroe St. MOTION: Establish a Hearing Date of August 26, 2002 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Salman Ali at 1224-1226 Circle Terrace Bird NE. MOTION: Establish a Hearing Date of August 26, 2002 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Talmer Caraway at 1231-1233 40th Avenue NE. MOTION: Establish a Hearing Date of August 26, 2002 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Robert Zschokke at 5101 7th St. & 3823 Polk St. NE. MOTION: Establish a Hearing Date of August 26, 2002 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Lawerence Garner at 3740 2I'a Street NE. MOTION: Establish a Hearing Date of August 26, 2002 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Donald Ferry at 4536-4538 7th Street NE. MOTION: Establish a Hearing Date of August 26, 2002 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against David Jacobs at 1206-1208 Circle Terrace Bird NE. MOTION: Establish a Hearing Date of August 26, 2002 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Ruben Cruz at 4524 Monroe Street NE. Adopt Resolution No. 2002-50, being a Resolution adopting the 2003 Business License Fee Schedule as presented MOTION: Waive the reading of Resolution No. 2002-50, there being ample copies available to the public. MOTION: Adopt Resolution #2002-50 being a Resolution adopting the 2003 Business License Fee Schedule as presented. City Council Minutes August 12, 2002 Page 4 of 14 RESOLUTION NO. #2002-50 ADOPTING 2003 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 comparable to other communities; and 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, 2003. Passed this 12th day of August, 2002. 2003 BUSINESS LICENSE FEES Effective January 1, 2003 through December 31, 2003. CATEGORY FEES ARTICLE SECTION Amusement Centers/Arcades ($5,000 Bond/$100 Inv. Fee) (PD) $500 IV 2 Auto Recycling Dealer/Yard ($1000 Bond) PD,FD, ZA $500 II 2 Beer Sales (PD, BI, FI) On Sale ($150 Inv. Fee 1st time appl.) Off Sale ($150 Inv. Fee 1st time appl.) Temporary Beer (per day basis) ($500 Appl. Fee; $150 Investigation Fee) $4OO $150 $100 V 1 Carnivals ($500 deposit & insurance) (PD) $50/day V Christmas Tree Sales (FI) (P&Z Comm) ($200 Clean-up Deposit) $5O II Cigarettes/Tobacco Sales (S&H) $200 III Contractors (Bond and Insurance) General (if not licensed by State) Blacktop Excavator Masonry/Concrete Moving Demolition Plaster/Stucco Heating/Cool ing Gas Piping Plumbing Sign Installation $5O $5O $5O $5O $5O $5O $5O $5O $5O $5O $5O $5O IV City Council Minutes August 12, 2002 Page 5 of 14 CATEGORY Courtesy Benches (Insurance)(Eng. Dept.) Games Of Skill (PD) Plus Kennels, Commercial (PD) Plus, per cage Liquor Sales (PD, FI, BI) Class A (Inv. Fee $500-$2000) Class B (Inv. Fee $500-$2000) Class C (Inv. Fee $500-$2000) Class D (Inv. Fee $500-$2000) Class E (Inv. Fee $500-$2000) On Sale Wine (Inv. Fee $500-$2000) Sunday Liquor Sales Temporary On Sale (Inv. Fee $500-$2000) "Club On Sale Liquor (Inv. Fee$500-$2000) up to 200 members 201 to 500 members 501 to 1,000 members 1,001 to 2,000 members 2,001 to 4,000 members 4,001 to 6,000 members Over 6,000 members Massage Therapist Business (PD,ZA) ($250 Investigation Fee) Massage Therapy, Individual (PD, ZA) ($250 Investigation Fee) Motor Vehicle Fuel Dispensing Stations (FI) First Metering Device Each Add'l. Metering Device L.P. Gas Per Metering Device Motor Vehicle Rental/Leasing (ZA) A. New Application B. Renewal Application Motor Vehicle Sales (New & Used) (PD) Pawnbroker ($5,000 Bond/S100 Inv. Fee) (PD) Pet Shop (PD)(Humane Officer) Pool/Billiard Hall ($100 Inv. Fee) (PD) Popcorn, Candy, Food Catering Vehicles (PD) (Insurance - Public & Vehicle Liability) Precious Metal Dealers ($5,000 Bond)(PD) ($100 Investigation Fee) New Applicant Renewal FEES $25/each $15/Location $15/machine $50 $10 $8,000 $6,500 $6,500 $8,000 $5,500 $2,000 $200 $100/day Per membership $ 300 $ 500 $ 650 $ 800 $1,000 $2,000 $3,000 $5OO $100 $50 $10 $50 $75 $5O $200 $12,000 $50 $100 $50 $3OO $200 ARTICLE VI IV VI V V V V V V V V V II II II VI IV VI SECTION 6 4 9 3 3 3 3 5 6 12 12 4 7 5 9 2 6 2 City Council Minutes August 12, 2002 Page 6 of 14 CATEGORY FEES ARTICLE SECTION Secondhand Merchant Business ($5,000 Bond) $100 (Investigation Fee $100) (PD, FI, BI) Exhibition/Convention/Shows/Expos ($5,000 Bond) First Day $50 Each Additional Day $10 II 4 II 4 Sexually Oriented/Adult Business (PD,FI,ZA,AC) $10,000 (Investigation Fee $500-$10,000) V 6 Transient Merchant/Peddlers (PD) A. Itinerant Hawker/Peddler B. Transient Merchant II $50/day; $100/mo.; $500/yr. $50/day; $100/mo.; $500/yr. Tree Removal & Treatment (Ins.) (PWD) $50 VI 10 LATE PENALTY ON ALL ANNUALLY RENEWABLE FEES 1 - 15 DAYS LATE 16-30 DAYS LATE 25% PENALTY OVER ORIGINAL FEE 50% PENALTY OVER ORIGINAL FEE OVER 30 DAYS LATE, LEGAL PROCEDURES BEGUN. DEPARTMENTS RESPONSIBLE FOR APPROVAL OF LICENSE PD Police Department FI Fire Department BI Building Inspector PWD Public Works Dpt S&H Safety and Health Inspector CF City Forestor ZA Zoning Administrator AC Anoka County All New Licenses Must Have Zoning Administrator's Approval. Approve Business License Applications MOTION: Approve the items as listed on the business license agenda for August 12, 2002 as presented. Approve Payment of Bills MOTION: Approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 99149 through 99417 in the amount of $3,965,440.77. The following items were removed from the consent agenda and now acted upon: Authorize Financial Assistance for the 2003 Columbia Heights Historical Society Calendar Catherine Vesley, President of the Columbia Heights Historical Society spoke regarding the calendar project they wanted to pursue. The society has approximately 90 members now, all strictly volunteer. On the proposed calendar, they would like to include all regularly scheduled council meetings and board and commission meetings for the year, school events, organizational events, etc. The Historical Society is asking the City Council for a $500 donation and a $500 loan. The Historical Society is also asking for money from other sources. Councilmember Nawrocki stated that the VFW has agreed to donate $500 for this project. Councilmember Williams stated he felt the members should come up with additional funds. If the city were to donate these funds, he questioned where would the monies come from since this was not an item budgeted for. City Council Minutes August 12, 2002 Page 7 of 14 Motion by Councilmember Nawrocki, seconded by Councilmember Wyckoff, that the city authorize $500 for the Columbia Heights Historical Society's calendar project and an additional $500 loan to help them get started on the project. Roll Call vote: Ayes: Nawrocki, Szurek, Wyckoff, Peterson; Nays: Williams. Authorize Capital Equipment Replacement: Unit #309 Graco Linelazer II! Line Striper Councilmember Nawrocki stated he went to the Public Works garage to view this piece of equipment and talk with the public works personnel. He does not feel this piece of equipment needs to be replaced at this time; perhaps another year of service could be gotten out of it. Councilmember Williams stated that according to the council letter, the unit is worth $700 now and we should dispose of it now. He also stated that all pieces of equipment run their life of usefulness, and they should be disposed of before they are worth nothing. Motion by Councilmember Williams, seconded by Councilmember Szurek, to authorize the Capital Equipment Replacement of Unit #309 with one new Graco Linelazer II! 5900, model 232662, 2 gun system complete from Diamond Vogel Paints, Minneapolis, Minnesota, in the amount of $4,984 plus sales tax, with funding from the State Aid Maintenance Fund, 212-43190, with the existing piece of equipment being disposed of via public auction as soon as possible. Roll call vote: Ayes: Szurek, Williams, Wyckoff, Peterson. Nays: Nawrocki. Adopt Resolution No. 2002-49, being a Resolution approving a lot split of the property at 325 Summit Street NE. The council is to consider a request for a lot split at 325 Summit Street N.E. The City is proposing to split off a portion of the property it owns, which will be used for a future street and alley reconfiguration. Councilmembers had various questions about the properties the city now owns in this area (3944 and 3950 Lookout Place, 3955 University Avenue, and 325 Summit Street). The City is also currently negotiating to purchase the commercial business at 322 40th Avenue N.E., thereby creating a more usable, larger, and functional property. A future vacation of a portion of Lookout Place would create a safer intersection and open up a future redevelopment opportunity for the 40th and University Avenue corridor. The intent is to vacate a portion of Lookout Place and reconfigure the east-west alley that currently has access to Lookout Place. The lot split and street and alley reconfiguration will allow for a City-owned redevelopment parcel of approximately one acre in size. Staff recommends approval of the lot split at 325 Summit Street, as it meets the technical standards of the Zoning Ordinance, and is consistent with the City Comprehensive Plan. Tim Johnson, Planner, stated that approximately thirty property owners were sent notices regarding this property. Councilmember Nawrocki questioned the loading and unloading situation with the property owner at 334 40th' Tim Johnson stated that the property owner at that address is happy with the information the city provided to him. Councilmember Nawrocki stated that the city has not had a meeting with all the people living along that area, and questioned why this lot split should be done now. He felt those residents should have an opportunity to provide comments, ask questions, etc. before this lot split is done. Councilmember Williams stated the city has bought three lots, and now this one to complete the development of that corner. Gen Kuppe, 5000 Johnson Street, questioned why the city would buy the property before having a plan for it. The Mayor explained that we bought the property and already own the triangular parcel next to it. We needed this property for our redevelopment project on 40th and University. City Council Minutes August 12, 2002 Page 8 of 14 MOTION by Councilmember Williams, seconded by Councilmember Szurek, to waive the reading of Resolution No. 2002-49, there being ample copies available to the public. Motion passed unanimously. MOTION by Councilmember Williams, seconded by Councilmember Szurek, to adopt Resolution 2002- 49, being a Resolution approving a lot split of the property at 325 Summit Street NE. Roll call vote: Ayes: Szurek, Williams, Wyckoff, Peterson. Nays: Nawrocki. RESOLUTION NO. 2002-49 SUBDIVISION REQUEST The City of Columbia Heights, Hereby requests a split of PIN 35 30 24 31 0119 Legally described as: Lots 16, 17, 18; Block 68, Columbia Heights Annex to Minneapolis; Anoka County, Minnesota. THE DESCRIPTIONS HENCEFORTH TO BE: Tract A: Lot 18 & that part of Lot 17, Block 68, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota, lying northeasterly of the following described "Line 1" and southeasterly of the following described "Line 2". Tract B: Lot 16 and that part of Lot 17, Block 68, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota, lying southwesterly of the following described "Line 1" and northwesterly of the following described "Line 2". "Line 1" Beginning at a point on the south line of said Lot 17, distant 21.00 feet westerly of the southeast comer; thence northwesterly to a point on the west line, said point being 100.00 feet southerly of the northwest corner and there terminate. "Line 2" Beginning at a point on the north line of said Lot 17, distant 10.00 feet easterly of the northwest corner; thence southwesterly to a point on the west line, said point being 10.00 feet southerly of the northwest corner and there terminate. Be it further resolved that special assessments of record in the office of the City of Columbia Heights as of this day, against the above described property, are paid. Any pending or future assessments will be levied according to the new split as approved this day. Any lot split given approval shall become invalid if the resolution, motion or other Council action approving the said lot split is not filed with the County Recorder within one (1) year of the date of the Council action. PLANNING & ZONING DEPARTMENT ACTION: This __ day of ,2002 Offered by: Seconded by: Roll Call: Zoning Officer Signature of Owner, Notarized Owner's Address Telephone No. SUBSCRIBED AND SWORN TO BEFORE ME this __ day of ,2002 CITY COUNCIL ACTION: City Council Minutes August 12, 2002 Page 9 of 14 Notary Public This 12th day of August, 2002. PUBLIC HEARINGS - none ITEMS FOR CONSIDERATION Other Ordinances and Resolutions- None Bid Considerations - None Other Business Consideration of Appointment to the Police/Fire Civil Service Commission The addition to the agenda regarding an appointment to the Police/Fire Civil Service Commission was taken up at this time. Motion by Councilmember Williams, seconded by Councilmember Szurek, to appoint Mitch DeMars to the Police/Fire Civil Service Commission. Motion passed unanimously. The Mayor asked the Secretary Pro Tem to contact Mr. DeMars about the appointment. Authorization to Reinstate Parking on the North side of 37th Avenue from Tyler Street to Hart Boulevard th Staff has received a petition signed by fronting property owners on 37 requesting the reinstatement of th parking on the north side of 37 from Tyler Street to Hart Boulevard. The Traffic Commission held a public hearing in October of 1999 and recommended to the City Council to reinstate parking on the north side. The Council considered the request and recommendation in the fall of 1999 and voted to retain the parking restriction. The City of Minneapolis reinstated parking on the south side of 37th Avenue in 1997- 1998. City Manager, Walt Fehst, stated there are no parking restrictions from November 1-April 1. Councilmember Szurek stated she is against reinstating parking on the north side of 37th Avenue from Tyler Street to Hart Boulevard. The Mayor felt there could be a mowing problem. Councilmember Nawrocki directed a question about parking on Central Avenue/37th to the Public Works Director, as this was previously discussed at a work session. Councilmember Nawrocki thought a letter should go out to residents about night-time and restricted time parking. He also felt a speed study should be done now and then again in three months. MOTION by Councilmember Williams, seconded by Councilmember Nawrocki, to accept the petition from the abutting property owners along 37th Avenue requesting the removal of the No Parking th Restriction on 37 Avenue from Tyler Street to Hart Boulevard. Motion passed unanimously. MOTION by Councilmember Williams, seconded by Councilmember Wyckoffto reinstate parking on the north side of 37th Avenue from Tyler Street to Hart Boulevard on a one (1) year interim basis, based on the petition received and a former recommendation (1999) of the Traffic Commission. Roll call vote: Ayes: Nawrocki, Williams, Wyckoff, Peterson. Nays: Szurek. Table or Accept Proposal from BRA for the Huset Park Master Plan The Park and Recreation Commission directed staff to prepare a Request for Proposals at their July, 2001, regular meeting. Requests for proposals were sent to eight firms, and only three met the requirements stated in the RFP (Bonestroo, Short, Elliot, and Hendrickson, and URS). The Park and Recreation City Council Minutes August 12, 2002 Page 10 of 14 Commission and staff are recommending the firm of Bonestroo, Rosene, and Anderlike (BRA) to complete the Huset Park master plan. The intent of a master plan for Huset Park is to provide a detailed plan of the entire park to work from. With financial constraints, complete redevelopment of the park is unlikely. Therefore, it is the desire of the Park and Recreation Commission and city staff to have a detailed working plan to rehabilitate or rebuild elements of the park in phases, as funding becomes available. Because the city is having an industrial area market study being done at this time, it is recommended that the city wait for at least two months before considering bids for the Huset Park master plan. Councilmember Nawrocki stated that he was opposed to any study; that in the 1990's, a study was done and the comprehensive plan was done. He further stated that the city council did not authorize bids for proposals. MOTION by Councilmember Wyckoff, seconded by Councilmember Szurek, to table the acceptance of proposals for a period of 60-90 days until additional information is available for the City of Columbia Heights' Industrial Area market study. Motion passed unanimously. Approve Ballot Language for three Charter Commission Referendum Items for the Fall, 2002 General Election The City Attorney, Jim Hoeft, had prepared the ballot language for the referendum items for the fall general election, which read as follows: Ballot Question #1: "Under the current City Charter, the Police Department is under the control of the Mayor. Shall the Home Rule Charter of the City of Columbia Heights be amended to place control of the Police Department under the City Manager?" Ballot Question #2: "When considering a new or amended ordinance, shall the Home Rule Charter of the City of Columbia Heights be amended to require a four-fifths (4/5) rather than an unanimous vote of the City Council to waive the public reading of the ordinance, provide all other requirements of the Charter are met?" Ballot Question #3: "Currently the City Manager must seek authorization from the City Council before spending more than $3,000. Rather than requiring a Charter amendment any time the City Manager's authorized spending limit is adjusted, shall the Home Rule Charter of Columbia Heights be amended to authorize the City Council to adjust the City Manager's spending limit by resolution?" Councilmember Wyckoff stated she did not think that the ballot language for the second item, "Reading of Ordinances" was clear enough and needed further clarification. She stated that actually two councilmembers would have to request a reading of an ordinance. Tami Ericson, President of the Charter Commission, was present and spoke. She stated the Charter Commission wants the language to appear as clearly as possible. She stated all commission members have received the ballot language, and she has received no comments/objections to the ballot language as proposed by the City Attorney. However, she had no objections to making the language clearer. Resident Deb Johnson, 4638 Pierce Street, felt that it should state that at least two people must request the reading of an ordinance. The City Attorney agreed that, in essence, two members of the council would have to agree to request a reading. City Council Minutes August 12, 2002 Page 11 of 14 Councilmember Nawrocki stated that his belief is the current language has served well for years; if it's not broke, why fix it? He also stated that the City Attorney did a good job of preparing the ballot language. He also reminded the City Attorney that the exact wording of the proposed amendments must be published. Resident Bob Buboltz, 4311 5th Street, stated that perhaps fractions should not be used, as maybe not all councilmembers will be present. The City Attorney stated that the fraction wording is set by statute. Mayor Peterson stated that the Charter Commission is appointed by the Chief Judge, not the council. MOTION by Councilmember Szurek, seconded by Councilmember Williams, to approve the ballot language for the three referendum charter issues as prepared by the City Attorney (stated above) with the addition to the second ballot question regarding reading of ordinances should have a statement added to the end of it, which will state: "The practical effect of this amendment would mean that two councilmembers, rather than one, would have to agree to require an ordinance be read." Motion passed unanimously. At this time, Councilmember Nawrocki brought up the proposed informational flyer, which the Charter Commission is planning to send out in all water bills starting this week. Councilmembers had all received copies of the proposed informational flyer which stated the proposed ballot language for each item, as well as some pros and cons of each issue. Councilmember Nawrocki stated that the Charter Commission has not officially approved this informational flyer at a formal meeting. Councilmember Nawrocki stated that he knows that staff has already run off these flyers, folded them, and stuffed them in the outgoing water bills, which he felt was done prematurely. With the motion just passed making an additional statement in the ballot language, he realizes that staff will now have to redo the information sheet going out in the water bills. He also stated he feels that that the flyer should only contain the ballot language and no pros or cons to the issues. Councilmember Nawrocki also stated that he thinks an actual separate mailing should be done, as well as information should be placed on cable TV and in local papers too. Mayor Peterson stated that the Charter Commission has brought these three issues to the council previously, and the council did not pass them unanimously. Therefore, the Charter Commission decided they wanted these issues put on the ballot this fall. He also stated that the Charter Commission wants to inform the public as much as possible on these issues, and pros and cons to each issue should be stated. How they wish to educate the public is up to them. Charter Commission President Ericson again stated that the commission wants to have voters make an informed decision. The pros and cons provided were to eliminate opinions and provide information. She stated the Charter Commission members have all received this wording as well. Councilmember Nawrocki stated the commission did not approve the wording on the water bill informational flyer at a formal meeting. He also stated the Charter Commission does not have the authority to put this document in the water bills to inform the public, and he does not agree with the wording or pros and cons stated. He again reiterated that only the ballot language should go out with the water bills, and not the pros and cons of each issue. Councilmembers Williams and Szurek stated that they wanted all the information, including pros and cons, to go out in the water bills. Motion by Councilmember Williams, seconded by Councilmember Szurek, to send out the informational flyer on the charter amendments as presented to them, with the additional statement to ballot question #2 as approved above. Roll call vote: Ayes: Szurek, Williams, Wyckoff, Peterson. Nays: Nawrocki. City Council Minutes August 12, 2002 Page 12 of 14 Purchase of property on University Avenue and 53 rd Street for a Liquor Store At the present time, staff is recommending that the City Council authorize the Mayor and City Manager to enter into a contingency purchase agreement with the owners of the property on 53rd and University gas station, and the Laundromat immediately to the south of the gas station. The purchase agreement has contingencies: the purchase of each property is contingent upon the purchase of the other property; and that the buyer has the opportunity to evaluate all leases, relocation costs, and other financial information necessary to conclude the project. These contingencies are similar to the contingencies placed on the purchase agreement for the Central Avenue property. The Mayor commented on the fine new building that Bona Brothers constructed along University near 694. He would like to see more of the same along University Avenue entering Columbia Heights. Councilmember Williams stated that he visited the liquor store on University Avenue, which was built in 1964, and felt the building has definitely served its useful life, is in need of structural repair, and is too small. Councilmember Nawrocki stated he didn't feel that this issue was a high priority for him. Councilmember Wyckoff stated she is ashamed of the liquor store on University and would like to see us pursue a different location for that store. MOTION by Councilmember Szurek, seconded by Councilmember Williams, to authorize the Mayor and City Manager to enter into contingent purchase agreements for the two properties on 53rd and University for the future construction of a new liquor store. Roll call vote: Ayes: Szurek, Williams, Wyckoff, Peterson. Nays: Nawrocki. ADMINISTRATIVE REPORTS Report of the City Manager The City Manager reported that there were only a couple of items for the upcoming work session for Monday, August 19th. He did not feel that any further information on the liquor store issue would be available by then for further discussion. Motion by Councilmember Williams, seconded by Councilmember Szurek, to cancel the work session meeting of August 19, 2002. Motion passed unanimously. Report of the City Attorney - Nothing else to report. GENERAL COUNCIL COMMUNICATIONS The Mayor acknowledged that the following minutes of boards/commissions were received: The Public Library Board of Trustees meeting of July 2, 2002; the Housing and Redevelopment Authority meeting of July 16, 2002; the Telecommunications Commission meeting of July 18, 2002; the Planning and Zoning Commission meeting of August 6, 2002; and the Charter Commission meeting of July 18, 2002. CITIZENS FORUM (At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Please note the public may address the Council regarding specific agenda items at the time the item is being discussed.) Mark Emme, of 4200 3rd Street, stated he lives in a condominium unit and he (along with several hundred other people) would not receive the informational flyer being sent in the water bills. Councilmember Nawrocki stated he had a conversation with the Finance Director about this. The Finance Director stated that his department could receive assistance from the county and from our Fire Department to get names/addresses of renters to mail the informational flyer out to. City Council Minutes August 12, 2002 Page 13 of 14 Mr. Emme also stated that he applied to be on the Park and Recreation Commission about four months ago, and to date, he has not received a letter or a call or anything. He was informed that there was not an opening now, but they may have openings on that commission again. Delores Strand, 1145 Polk Place, reported on her Sister Cities global conference held in Toledo, Ohio, a few weeks ago. Delores stated she was the only Columbia Heights resident there. Delores also reported on "Wheelchairs for Peace Foundation". Delores stated there was a lot of security at the event. She reminded the community that the Sister Cities Committee would be meeting on August 13th at 9:30 a.m. at City Hall, and the Sister Cities State Conference is in St. Paul on September 1st. The 50th anniversary of Sister Cities will be in 2006. COUNCIL CORNER Councilmember Nawrocki: · stated we should take notice of the use of signage (or lack of it) at the new Bona's service station as well as the new development in Fridley and New Brighton and what is the effect of the signage on those properties. · stated that while he visited the city garage to look at the striping machine, he talked with Steve Synowczynski, Vehicle Maintenance Foreman, who showed him a handmade water truck, which was built for approximately $26,000, whereas a new one would run about $100,000 or more. · stated that while he was at National Night Out parties, he was in the area of 39th and Arthur where there was a controversial garage situation and felt the owner did a great job. · stated that he attended an elected officials meeting at Anoka County a few weeks ago, and they discussed various road projects, and he received numerous new county maps for our distribution. · stated he attended a meeting with Congressman Sabo, neighboring cities, and school boards last Saturday. He was able to discuss the federal water system infrastructure and the fact that more dollars are needed. · stated he attended an elected officials meeting in Anoka two to three weeks ago where Senator Dayton was attendance. He was able to discuss the water system infrastructure funding with him as well. · asked the City Manager if the garbage complaint on Peters Place from the last council meeting was taken care of, to which the City Manager replied it was. · "Actions speak louder than words." "Practice what you preach." Councilmember Szurek: · asked the Public Works Director if the tree company was still trimming trees throughout the city. She stated there were a lot of power outages in her area, and thought maybe the trees behind the houses were the problem. The Public Works Director replied yes the company is still in the area, and he will have them check out this area. Councilmember Williams: · stated that there are a lot of trees in the city that are too big. · there's a mess on Central Avenue now, but it will be a "New Columbia Heights" when it's finished. · "Continue to pray for the peace and prosperity of our city." We have a lot of nice things happening. · "One person with a belief is a social power equal to 99 who will only have interests." City Council Minutes August 12, 2002 Page 14 of 14 "Anything in life is possible, and even if you can make it, it's never too late." "It's how you play the game; if you are out to beat someone, it's one thing; but if you play well together, you can really enjoy the game. You have to think of yourself second." "By our words we are justified, and by our words we are condemned." "Faith without words is dead." Councilmember Wyckoff: · Ask the Public Works Director about the "brush in alley" inspections and subsequent letters. · Had an apology letter from the Public Works Department for a "brush in alley" problem, which her mother received in error. The Public Works Director commented that they look for problem areas in the alley right of way, and about 2/3 of people sent these letters take care of the problem. Mayor Peterson: · stated he had received a thank you letter to the Police Department for an incident on August 6th in which Sergeant Rogers and Officer Harvey were involved. · stated he was involved in a melodrama with the Moonshoe Players at the Heights Theater on August 8th, under the direction of Liz Bray and Rachel Firchow. It felt it was an excellent experience and the talent shown in the event was outstanding. · stated regarding National Night Out, it was hard to decide who had the best food of the places he attended that night. He felt St. Timothy's Church had the best cookies; St. Matthew's Church had the best hamburgers; and First Lutheran had the best and only corn on the cob. · "Don't take yourself too seriously; enjoy life; love your neighbor; and God bless all of you. The City Manager commented on the great Public Works staff we have, always trying to save money as they can. ADJOURNMENT The meeting adjourned at 9:58 p.m. Carole J. Blowers, Secretary Pro Tem