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HomeMy WebLinkAboutJanuary 13, 2003OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING JANUARY 13, 2003 The following are the minutes of the regular meeting of the Columbia Heights City Council held at 7:00 p.m. on Monday, January 13, 2003 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. Associate Pastor Janice Bornhoft, of First Lutheran Church gave the invocation. Associate Pastor Janice Bornhoft administered the Oath of Office to Julienne Wyckoff, Mayor. City Clerk, Bill Elrite, administered the Oath of Office to Councilmember Tammera Ericson and Councilmember Bruce Kelzenberg. Kelzenberg thanked everyone for voting and stated that he is looking forward to the challenge of the office. Ericson also thanked everyone for taking part in the election. She thanked her children, everyone present, and the people watching at home. Wyckoff thanked Sue Amundson for her friendship and campaign help, and thanked her Mother and her sister. Wyckoff addressed two prior residents' who were present. Wyckoff thanked Deputy City Clerk Muscovitz for her assistance. Wyckoff spoke to Councilmembers about her hope for the New Year, and asked members to put the past behind them, and to show respect for the residents' of Columbia Heights'. Wyckoff stated that she takes this job very seriously and considers it an honor. She thanked everyone for their support. CALL TO ORDER/ROLL CALL Mayor Wyckoff called the meeting to order at 7:10 p.m. Present: Mayor Wyckoff, Councilmember Williams, Councilmember Nawrocki, Councilmember Ericson, and Councilmember Kelzenberg PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA Nawrocki requested a Point of Personal Privilege to comment. He congratulated the new Mayor and new Councilmembers. He spoke of the progress of our community, his history in the community, and his pride to be part of the progress into the future. He spoke of the difference between City needs and desires. He referred to mandates and the anticipated pressure on taxpayers and property owners. He indicated that our recreation programs are in the upper 25 percent of area communities. He stated that we have good staff, working with good equipment, but does not feel that Mr. Fehst is performing as he should. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS Proclamations - none Presentations - none City Council Minutes January 13, 2003 Page 2 of 9 Introduction of New Employees Larry Scott, Liquor Store Manager, introduced Timothy Gouras, as the Assistant Liquor Operations Manager. Mr. Gouras comes to the CiO; with eighteen years of experience. Mr. Gouras thanked Council for the opportunity to work in the City of Columbia Heights. Larry Scott also introduced Angela Rowe as the Liquor Store Supervisor. She has sixteen years experience in management. Ms. Rowe thanked Council for the opportunity to work as the new Liquor Store Supervisor. Wyckoff asked if the new MGM liquor store has impacted our business. Scott asked that residents visit our stores, and see that our prices are competitive, staff is helpful, and to know that every penny of profit benefits residents of the City. He stated there would be an impact on our business with this competition. Tom Johnson, Chief of Pofice, introduced Candy Campbell, Secretary Il-A, Pofice, and gave her background. Ms. Campbell thanked Councilmembers for the opportunity to work for the City of Columbia Heights. Recognition - none CONSENT AGENDA Walt Fehst, City Manager, reviewed the consent agenda items. Consent agenda 1) City Council Meeting Minutes for Approval Motion to approve the minutes of the December 16, 2002, regular City Council meeting as presented. Nawrocki corrected Page 13, the name "Deann" shouM have been "Deanne " and "he" should have been "she ". Page 17 reference to "MN League of Cities" should have been "National League of Cities ". 2) Boards and Commissions Meeting Minutes a) Motion to accept the November 19, 2002 minutes of the Economic Development Authority. b) Motion to accept the January 7, 2003 minutes of the Planning and Zoning Commission. c) Motion to accept the December 10, 2002 minutes of the Park and Recreation Commission. d) Motion to accept the October 17, 2002 minutes of the Charter Commission. 3) Authorize agreement with Rapids Graphics & Mailing for printing, publishing and distributing the City Newsletter for 2003. Motion to enter into an agreement with Rapid Graphics & Mailing for printing, publishing, and distributing the City newsletter based upon their proposal of a yearly cost of $17,964 for four publications in 2003; and furthermore to authorize the Mayor and City Manager to enter into an agreement for the same. City Council Minutes January 13, 2003 Page 3 of 9 Nawrocki congratulated staff on the number of bids received, and indicated that the low bid was less than the price paid last year. 4) Approve Business License Applications Motion to approve the items as listed on the business license agenda for January 13, 2003 as presented. 5) 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 Number 10138 through 101721 in the amount of $4,010,689.67. Motion by Williams, second by Nawrocki to approve the Consent Agenda items, with noted corrections to the minutes of the last meeting. Upon vote: All ayes. Motion carried. PUBLIC HEARINGS A) Public Hearing called for Revocation/Suspension of Rental Housing License at 1429 42nd Avenue. Mayor Wyckoff closed the Public Hearing Regarding the Revocation or Suspension of the Rental License at 1429 42nd Avenue N.E. in that the property owner has received a extension to complete the work on the outside of the building. B) Second Reading of Ordinance No. 1450, being an Ordinance regarding the sale of 325 Summit Street. Motion by Williams, second by Nawrocki, to waive the reading of Ordinance No. 1450, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Fehst fisted the background on the sale of this property and the adjacent one-acre site proposed for development. He referred to the question of developing a larger area and indicated that this is the proper size for a development in this area. Nawrocki stated he did not receive a copy of the sale and development agreement, dim Hoefi, City Attorney, indicated this would be a standard purchase agreement. Nawrocki referred to the previous discussion regarding an easement for Mr. Gondek, assuring that trucks have room to back up to his building. Fehst stated this is not in writing, but is understood that an easement would be included during development of the adjacent property. Additional access was discussed. Nawrocki requested the record show that an allowance would be made so Mr. Gondek would be able to get to his building. Motion by Williams, second by Nawrocki to adopt Ordinance No. 1450, being an ordinance pertaining to the sale of City-owned property at 325 Summit. Upon vote: All ayes. Motion carried. ORDINANCE NO. 1450 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977 AUTHORIZATION TO CONVEY CERTAIN REAL ESTATE LOCATED AT 325 SUMMIT STREET NE The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights, a Minnesota municipal corporation, may convey unto Michael Gondek, the real property described as follows, to wit: City Council Minutes January 13, 2003 Page 4 of 9 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". Section 2: The Mayor and City Manager are herewith authorized to execute a deed to effectuate the conveyance of said real estate subject to the terms, purchase price, and conditions specified in the purchase agreement. Section 3: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: December 16,2002 January l3,2003 January l3,2003 C) Second Reading of Ordinance No. 1451, being an Ordinance amending Ordinance No. 1447 Designating certain land use of public properties (Lomianki North). Wyckoff indicated this Ordinance wouM remove the park designation from this property. Motion by Williams, second by Nawrocki, to waive the reading of Ordinance No. 1451, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Dm Johnson, City Planner, indicated this move is toward the potential development of the North Lomianki property. The Planning & Zoning Commission reviewed the property and along with Staff recommends removal of the park dedication status. Nawrocki stated he did not receive a copy of the sales agreement. He indicated that neighbors do not want the park dedication removed but if there is development they request a burro with landscaping. Nawrocki questioned review of the site plan. Johnson indicated the Planning and Zoning Commission would do this review. Nawrocki indicated his past support for this development, but if buffering is not included in the agreement he is reluctant to give his support. Nawrocki referred to a complaint received regarding truck; blocking the alley by the business on 39th and California. Fehst stated that the times for loading and unloading are liberal and City code references vehicles not being parked "more than 24 hours ". Fehst stated the need for this ordinance to be amended especially regarding dead end alley,'. He stated that Officers have responded to complaint; received and talked to the drivers, who cooperated and moved their vehicles. Nawrocki stated this was not an acceptable solution. Ericson stated that if the ordinance were changed and the alley became blocked the procedure wouM be the same, only the consequence wouM change. Wyckoff suggested the Planning and Zoning Commission address this. Hoefi stated he couM work with staff to create the language to amend the ordinance. Kelzenberg asked if there was any option other than this being a dead end. Fehst stated the proposed business would not use the alley for loading and unloading. The home at the end of the alley could be purchased to allow traffic a flow through. Wyckoff stated this was a hard decision, but given anticipated financial concerns and that this wouM keep a business in Columbia Heights, she wouM vote affirmative when considering what is best for the whole of the community. City Council Minutes January 13, 2003 Page 5 of 9 Carol Ford 3942 Main Street, indicated the discrepancies she was giving regarding the amount of parkland in the city, and referred to parkland in other cities. She indicated the percentage of people versus parkland. Ford suggested the proposed business be placed in the industrial area, and stated if they were allowed to buiM at this location that there is no guarantee this area wouM not end up looldng as bad as the industrial area. She indicated that she called 911 regarding the vehicles blocldng the alley, and indicated the need to trespass through their parking lot to get out of the alley. She suggested taking Block 70, Lot 30 and making it a round a bout. Chief dohnson stated that vehicles have been moved when requested and there has been complete cooperation. He and Hoeft will look at the ordinance to find an answer to help everyone. Dave Petersons, 3950 Main Street, indicated that only one-third of the taxes, or about three cent; per citizen per month from the proposed business, wouM go to our community He offered to buy the property. Motion by Williams, second by Nawrocki to adopt Ordinance No. 1451, being an ordinance amending Ordinance No. 1447, designating certain land use of public properties in Blocks 73, and 100, Columbia Heights Annex (Lomianki Park). Upon vote: All ayes. Motion carried. ORDINANCE NO. 145 t BEING AN ORDINANCE AMENDING ORDINANCE # 1447; BEING AN ORDINANCE DESIGNATING CERTAIN LAND USE OF PUBLIC PROPERTIES IN BLOCKS 73, AND tee, COLUMBIA HEIGHTS ANNEX The City Council of the City of Columbia Heights does ordain: Section 1: That Section 1 of Ordinance # 1447 which states: The following properties shall be designated for park usage: Lots 19-30 and the Westerly 75 feet of Lot 18, inclusive, Block tee, lying between 38th and 39th Avenues with a proposed use as a play park area. Lots 23 through 30, inclusive, Block 73, proposed as a nature park. Is hereby amended to read as follows: The following properties shall be designated for park usage: Lotsl9-30 and the Westerly 75 feet of Lot 18, inclusive, Block tee, lying between 38th and 39th Avenues with a proposed use as a play park area. Section 2: That section 2 of Ordinance # 1447 which states: That the following described parcels be designated for continued industrial use: Lots 16 through 18, except for the westerly 75 feet of Lot 18, Block tee; and Lots 16 through 22, Block 73. Is Hereby amended to read the same above: That the following described parcels be designated for continued industrial use: Lots 16, through 18, except for the westerly 75 feet of Lot 18, Block tee; and Lots 16 through 22, Block 73. Section 3:This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: December 16, 2002 Second Reading: January 13, 2003 Date of Passage: January 13, 2003 City Council Minutes January 13, 2003 Page 6 of 9 D) Second Reading of Ordinance No. 1452, being an Ordinance regarding the sale of 3929 California Street. Motion by Williams, second by Nawrocki, to waive the reading of Ordinance No. 1452, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Nclwrocki indicated concerns regarding noise and gave the history of the area, and the transaction to obtain the land. One area was for an active park; one area for a passive park and this area was intended for a potential building. The proposed owner has maintained his current property; has worked with staff; has shown good faith; and is willing to move his building as close to the rai&oad as possible, dobs created wouM be very important. Williams stated he wouM make the motion, but wouM vote against the sale. His preference wouM be to buiM homes rather than an industrial business. Motion by Williams, second by Nawrocki, to adopt Ordinance No. 1452, being an ordinance regarding the sale of City-owned property at 3929 California Street. Nawrocki indicated this area was zoned industrial and that designation has never changed. He asked that staff and residents keep in contact. Nclwrocld asked that when the site plan is presented to the Planning and Zoning Commission that he and residents are notified of the meeting, Upon vote: Williams, nay; Kelzenberg, aye; Ericson, aye; Nawrocki, aye; Wyckoff aye. 4 ayes -1 nay. Motion carried. ORDINANCE NO. 1452 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977 AUTHORIZATION TO CONVEY CERTAIN REAL ESTATE LOCATED AT 3929 CALIFORNIA STREET NE The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights, a Minnesota municipal Stauffacher, the real property described as follows, to wit: corporation, may convey unto Glenn Lots 23-30, Block 73, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. Section 2: The Mayor and City Manager are herewith authorized to execute a deed to effectuate the conveyance of said real estate subject to the terms, purchase price, and conditions specified in the purchase agreement. Section 3: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: December 16,2002 January l3,2003 January l3,2003 ITEMS FOR CONSIDERATION Other Ordinances and Resolutions - none Bid Considerations - none Other Business 1) Appoint 2003 Council President and approve 2003 Council/Staff Liaison Assignments. Wyckoff indicated that the Council President would take over the duties of Mayor if she is absent or steps out ora meeting. Motion by Nawrocki to appoint Bruce Kelzenberg. City Council Minutes January 13, 2003 Page 7 of 9 Kelzenberg felt did not have enough experience for the position. No second was received. Motion by Ericson, second by Kelzenberg, to appoint Robert Williams as Council President. Upon vote: Williams, aye; Kelzenberg, aye; Ericson, aye; Nawrocki, nay; Wyckoff, aye. 4 ayes- 1 nay. Motion carried. Wyckoff stated that the Council President wouM be seated next to the Mayor at Council meetings. Wyckoff read the fist of proposed Council Staff Liaison assignments'. Motion by Williams, second by Nawrocki, to approve the established 2003 Council Staff Liaison Assignments. Upon vote: All ayes. Motion carried. ADMINISTRATIVE REPORTS Report of the City Manager Fehst referred to the State budget shortfall. Every employment position that becomes available will be reviewed to determine if it shouM be filled. Wyckoff asked for an update on the newsstand ordinance. Hoefi stated there was initial concern from companies that locate newspaper stands. This was not an issue during the construction on Central Avenue, but future contact is anticipated. In a similar case, the Supreme Court did rule in favor of municipalities. We are willing to listen to concerns and suggestions. Upcoming Work Session Items · City Manager expenditure limit · Award of proposal for utility rate study · Purchase of sidewalk sweeper from the State contract. Wyckoff added: discussion regarding appointments to various commissions. Report of the City Attorney - none CITIZENS FORUM Aaron Magnusen asked if the Highlander restaurant was for sale. Wyckoff stated she was not aware it was for sale, but was temporarily closed and hoped it wouM reopen next year. COUNCIL CORNER Williams · Thanked his colleagues for voting him Council President. · Asked what the Values First values for January were. (Ericson indicated they were Respect, Regard, and Consideration) These should be announced monthly. · Would like to revive the Youth Initiative Commission. · Informed residents that do not have cable T.V. that Universal cable (which includes the four government channels) is free. There is no set up fee or monthly fee for this service. City Council Minutes January 13, 2003 Page 8 of 9 Ericson stated that when she called for service she was tom there was a set up fee. Fehst indicated this was incorrect information. 147yckoff stated that St. Paul gives their seniors afire percent discount on cable rates. · Spoke of respect for staff and the City Manager. The City Manager is doing an excellent job. · Pray for our health, and the peace and prosperity of our city. Kelzenberg · Indicated his desire to be the Park and Recreation Commission liaison and felt that there are things here that need to be done. Would like to see changes to benefit the youth of the City. Ericson · We need to focus on the parks we have to make them better. The Planning and Zoning Commission will discussion possible park dedication fees to help improve the park system. · Rising to New Heights will hold a Housing Fair on April 6, 2003. Nawrocki · Stands by his remarks regarding the City Manager. · Requested his proposed schedule for council work session meetings be approved. This would make it easier for him to attend another meeting on the first and third Mondays of the month and allow the Traffic Commission liaison to attend that meeting. He indicated holding work sessions on the fifth Monday of those months would free up the first Monday of the following month. He recommended these meetings begin at 8:00 p.m. He felt there should not be work sessions as decisions are make which impede resident knowledge. Fehst indicated the intention to bring forward and set meetings each month. Staff would work with whatever Council decides regarding meeting times, but understood that the majority of Councilmembers wished to leave the start time at 7:O0 p.m. and to ask the Traffic Commission to begin their meetings at 6:30p. m. 147yckoff stated that with the amount of material to cover and that staff and Council members need to get up early, beginning later would not be the best choice, l/Fork session meetings on the fifth Monday would not be a problem. Legal holidays that fall on Mondays would allow Nawrocki to attend his meetings. 147illiams stated that staff would agree to the earlier time, but would cause some hardships. He requested meetings be addressed one month at a time. Nawrocki stated he would argue stronger on the vafidity of work sessions. The home owned by Vi Tabb on Reservoir Boulevard has trash in the from yard and appears to have a car cleaning business in the yard, which overflows onto the street. Nawrocki indicated the compliance date he received was January 15th. Fehst indicated he spoke to the owner, and it is her nephew that is responsible. She is aware that we will enforce City Code. Relayed concerns from a neighbor on the University Avenue liquor store regarding an excess number of customers using the alley. The resident suggested a concrete barricade. Nawrocki suggested a fence. City Council Minutes January 13, 2003 Page 9 of 9 Fehst stated the current ordinance impedes alley-to-alley traffic. He indicated that we would prefer people used the business entrance. Nawrocki asked that this be reviewed and a report be given regarding pros and cons. · Questioned a green sheet item regarding the Main Street Revitalization group versus Rising to New Heights. Ericson stated that the Rising to New Height; group is a private organization and suggested Councilmember Nawrocki contact them. Wyckoff offered an information booklet for his review. · Questioned if Fehst had contacted the National League of Cities as he requested. Fehst indicated he has called the representative twice and has not received a response. Nawrocki stated he could try to contact them. Wyckoff · There will be changes to bus route 801, from 41st Avenue to Apache Plaza. Night service will be reduced to every one hour instead of one-half hour. The proposed change will begin in March. The outdoor sanitation facility will be removed from the University Avenue liquor store and the windows will be washed to comply with City ordinance. A resident did express that the facility was preferred to people urinating in the alley. For it's 75th anniversary the Library will select a patron of the month. The first patron chosen was Mr. Nawrocki who holds library card number one. Wyckoff read the article from the library brochure and congratulated him. Relayed a positive call regarding our Police Department, specifically Val Dietz. Chief Tom Johnson has asked that she encourage residents to call 911, not only for emergencies but any issue, and to feel comfortable calling him or Capt Roddy rather than calling the City Council with complaint items. If residents are not satisfied with the response from the Police Department they can then call Council members. She suggested that residents should not hesitate to call her, but should also feel comfortable calling our Police Department. Wyckoff invited students to come forward and introduce themselves. Nawrocki requested the City Manager again fist the agenda for the upcoming work session. Fehst repeated the items. ADJOURNMENT Mayor Wyckoff adjourned the meeting at 9:00 p.m. Patricia Muscovitz, Deputy City Clerk