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HomeMy WebLinkAboutSeptember 10, 2001OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING SEPTEMBER 10, 2001 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, September 10, 2001 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. CALL TO ORDER/ROLL CALL Present: Councilmembers Williams, Szurek, Wyckoff, Nawrocki, and Mayor Peterson PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA -none CONSENT AGENDA A) Motion by Nawrocki, second by Williams, with correction to the August 27, 2001 minutes as noted, to approve the Consent Agenda items as follows: 1) Minutes for Approval Motion to approve the minutes of the August 27, 2001, regular City Council meeting, with the correction as noted by Councilmember Nawrocki that the $800,000 represents the net loss in aid to the City. 2) Authorize expenditure of funds for Police Awards dinner Motion to authorize expenditure of up to $5,000 for Police Awards dinner from the contributions account 883-42100. Walt Fehst, City Manager, indicated this event will be hosted by the Columbia Heights' Pofice Department to present awards' and commendations, and to thank our officers and emergency technicians and all the others who responded to the shooting call in Columbia Heights'. Fehst stated that over $ 7, 000 has been collected for this event and asked for authorization to approve the necessary expenditures. 3) Approve to establish a hearing date of September 24. 2001 for Revocation or Suspension of a License to Operate a Rental Property at 4643 Pierce Street NE Motion to Establish a Hearing Date of September 24, 2001 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Richard Meissner at 4643 Pierce Street NE. 4) Approve 2002 Business License Fees Motion to waive the reading of Resolution No. 2001-53, there being ample copies available to the public. Motion to approve Resolution No. 2001-53, being a Resolution adopting the 2002 Business License Fee Schedule as presented. RESOLUTION NO. 2001-53 BEING A RESOLUTION ADOPTING THE 2002 BUSINESS LICENSE FEE SCHEDULE WHEREAS: Ordinance No. 853, City Code of 1977, pertaining to commercial licensing regulations City Council Minutes September 10, 2001 Page 2 of 11 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 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, 2002. Passed this l0th day of September, 2001 Offered by: Nawrocki Seconded by: Williams Roll call: Ayes- Peterson, Szurek, Wyckoff, Williams, and Nawrocki Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk 5) Authorize acceptance of proposal for service from TGS Partnership Motion to authorize acceptance of the proposal for service from TGS Partnership and authorize the Mayor and City Manager to enter into an agreement for services. 6) Approve Business License Applications Motion to approve the items as listed on the business license agenda for September 10, 2001 as presented. 7) Approve Payment of Bills Motion to approve payment of the bills, as listed, out of the proper fund. Upon vote: All ayes. Motion carried. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS a) Proclamations - none b) Presentations - none c) Introduction of New Employee, Josh Overmohle, Athletic Coordinator Keith Windschitl, Recreation Director, introduced the new Athletic Coordinator, dosh Overmohle and gave his background. Overmohle thanked the Council for this opportunity of employment. d) Recognition - none PUBLIC HEARINGS a) Close the Public Hearing for Revocation/Suspension of Rental Housing License at 4433-4435 Main Street Mayor Peterson closed the public hearing as the property has been brought into compliance with the Housing Maintenance Code. ITEMS FOR CONSIDERATION City Council Minutes September 10, 2001 Page 3 of 11 a) Other Ordinances and Resolutions 1 .First Reading for Ordinance 1440, being an Ordinance pertaining to the Rezoning of certain properties located at 1529 37th Avenue NE and 1601 37th Avenue NE Tim Johnson, City Planner, referred to the history of these properties as stated in his Council letter. This ordinance is a request to rezone 1529 37th ,4venue NE and 1601 3 7th ,4venue NE from R2 (residential) to LB (light business'.) to make them consistent with commercial zoning, as both parcels have long histories of commercial use. The hair salon owner, who was trying to sell the property, brought this to staff's' attention because a potential buyer was not able to get a commercial loan for residentially zoned property. Johnson stated that this rezoning is not consistent with the Comprehensive Plan, but the Metropolitan Council indicated by written reply that they have no objection to the commercial rezoning. Nawrocki indicated that the property at 1601 3 7th is in violation of existing code, regarding storage and parking. Johnson stated that the intensity of use oft he present business is too much for limited business zoning, however this business is grandfathered in. Nawrocki was concerned with outside storage. Johnson indicated that ifa complaint was received this would be addressed but staff was currently looking at zoning issues. Nawrocki felt it would be a good time to ask the owner to clean up the property. Williams had encouraged the owner to purchase the beauty shop property for parking. Wyckoff was concerned with parking and would like to see the business relocate. Wyckoff questioned if the properties could go back to a residential zoning. Johnson stated they could not, as the lots' are too small to build on. Peterson felt that if the businesses were not offensive to the neighborhood he saw no problem. He stated that the property owner has cooperated in the past with requests from the City. Peterson stated that the Planning and Zoning Commission had no problem with this rezoning request. Motion by Wyckoff, second by Szurek, to waive the reading of Ordinance 1440, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Wyckoff, second by Szurek, to establish September 24, 2001, at approximately 7:00 p.m. as the second reading of Ordinance No. 1440, being an Ordinance pertaining to the rezoning of certain properties at 1529 37th Avenue NE and 1601 37th Avenue NE. Upon vote: All ayes. Motion carried. ORDINANCE NO. 1440 BEING AN ORDINANCE PERTAINING TO THE REZONING OF CERTAIN PROPERTY LOCATED AT 1529 37TH AVENUE NE AND 1601 37TH AVENUE NE Section 1: That certain property legally described as: The east 50 feet of Lot 3, Block 16, Auditor's Subdivision, of Walton's Sunny Acres 3rd, Anoka County, Minnesota; PIN # (36 30 24 34 0029); and That certain property legally described as: The east 26 feet of the west 56 feet of Lot 4, Block 7, Auditor's Subdivision, of Walton's Sunny Acres 3rd, Anoka County, Minnesota; PIN # (36 30 24 43 0042) Section 2: To authorize and direct staff to amend the official zoning map to reflect the change in zoning from R-2, One and Two Family Residential District, to LB, Limited Business District, upon the effective date of said ordinance. City Council Minutes September 10, 2001 Page 4 of 11 Section 3: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Second Reading: Date of Passage: September 10, 2001 September 24, 2001 b) Bid Considerations - none c) Other Business 1. Adopt Resolution No. 2001-52, Being a Resolution adopting a proposed budget for the year 2002, setting the proposed City Levy, approving the HRA Levy, approving a tax rate increase, and establishing a budget meeting date for property taxes payable in 2002. Motion by Williams, second by Szurek, to waive the reading of Resolution No. 2001-52, there being ample copies available to the public. Upon vote: All ayes. Motion Carried. Motion by Williams, second by Szurek, to adopt Resolution 2001-52 being a resolution adopting a proposed budget, setting the City, Library and EDA proposed local levy at $4,851,347, establishing a budget meeting date for property taxes payable in 2002 for December 3, 2001 at 7:00 p.m. in the City Council chambers, approving a tax rate increase, and approving HRA levy of $111,702. Nawrocki disagreed with the budget information process, and stated that the numbers presented did not match the numbers shown to Council previously. Fehst stated these figures are to set the preliminary levy and the other figures referred to represent his recommended budget cut,'. Fehst explained changes in the State tax system and, as a result, the new financial responsibilities given to the City. Fehst stated that the recommended levy can not be exceeded in future meetings, but can be reduced through budget cut; and Council approval. Nawrocki stated that past history shows the levy amount is not reduced after the preliminary approval. He felt actions taken by the State wouM give people an opportunity to make decisions at the local level of government, but unfortunately did not reduce state mandates. Nawrocki supported a 3.5 percent increase to compensate for the increased cost of doing business and wage increases. He listed his recommended figures for what he felt was a supportable levy amount. Nawrocki questioned the remaining cost; on the SheffieM project and requested this information in writing. He asked if the EDA levy was part of the total levy request. Fehst stated that it was. Motion by Nawrocki to amend the proposed general fund levy be reduced to $4,671,662, and the special levy for PERA be eliminated, and in Section D the HRA levy be reduced to $77,000. Williams defended the original motion, stating that the City may have to cut services, but that our Finance Director has given us a recommended maximum levy amount, and what Councilmember Nawrocki proposed is only two percent less than this amount. He requested citizen input, but referred to possible budget cut,'. Williams want; the City to be as efficient as possible and yet give the best services possible. He believed the final budget amount couM be lower than the maximum recommended levy, unless citizens do not want services cut. Upon vote: Motion died for a lack of a second. City Council Minutes September 10, 2001 Page 5 of 11 Nawrocki clarified that if the proposed levy were adopted it would be a ten percent increase over this year. Peterson asked for questions from the audience. There was no response. Upon vote: Williams, aye; Szurek, aye; Wyckoff, aye; Nawrocki, nay; Peterson, aye. Motion carried 4-1. RESOLUTION 2001-52 RESOLUTION ADOPTING A PROPOSED BUDGET FOR THE YEAR 2002, SETTING THE PROPOSED CITY LEVY, APPROVING THE HRA LEVY, APPROVING A TAX RATE INCREASE, AND ESTABLISHING A BUDGET MEETING DATE FOR PROPERTY TAXES PAYABLE IN 2002 NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: that the following is hereby adopted by the City of Columbia Heights. Section A. The proposed budget for the City of Columbia Heights for the year 2002 is hereby approved and adopted with appropriations for each of the funds listed below. General Fund Community Development Fund Economic Development Fund Anoka County CDBG Parkview Villa North Parkview Villa South Rental Housing HRA Administration State Aid Cable Television Library DARE Project Capital Improvement Capital Equipment Replacement Funds Central Garage Fund Liquor Water Utility Fund Sewer Utility Fund Refuse Fund Storm Sewer Fund Energy Management Data Processing Debt Service Fund Total Expense Including Interfund Transfers Expense 8,635,751 317 463 137 015 377 787 383 072 218 587 18 481 111 702 96 713 162 896 648 002 8 825 289 138 2,428,034 568,803 1,197,878 1,586,491 1,373,474 1,512,083 251,114 101,209 274,592 2,820,649 23,519,759 Section B. The estimated gross revenue to fund the budget of the City of Columbia Heights for all funds, including general ad valorem tax levies and use of fund balances, as hereinafter set forth for the year 2002: General Fund Community Development Fund Economic Development Fund Anoka County CDBG Parkview Villa North Revenue 8,635,751 317,463 137,015 377,787 383,072 City Council Minutes September 10, 2001 Page 6 of 11 Parkview Villa South Rental Housing HRA Administration State Aid Cable Television Library DARE Project Capital Improvement Capital Equipment Replacement Funds Central Garage Fund Liquor Water Utility Fund Sewer Utility Fund Refuse Fund Storm Sewer Fund Energy Management Data Processing Debt Service Fund Total Revenue Including Interfund Transfers 218 587 18 481 111 702 96 713 162 896 648 002 8 825 289 138 2,428,034 568,803 1,197,878 1,586,491 1,373,474 1,512,083 251,114 101,209 274,592 2,820,649 23,519,759 Section C. The following proposed sums of money are levied for the current year, collectable in 2002, upon the taxable property in said City of Columbia Heights, for the following purposes: Estimated Area-Wide Estimated General Estimated Library Levy Estimated EDA Fund Levy Total Proposed General Levy Special Levy for PERA Increase Capital Equipment Debt Levy Total Proposed Levy 930,000 3,180,711 591,588 137,015 4,839,314 12,033 0 4,851,347 Section D. The City Council of the City of Columbia Heights hereby approves the Housing and Redevelopment Authority Tax Levy for the fiscal year 2002 in the amount of $111,702. BE IT FURTHER RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: That the budget meeting is scheduled for December 3rd at 7:00 P.M. in the City Council Chambers. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, COUNTY OF ANOKA, MINNESOTA: That the county auditor is authorized to fix a property tax rate for taxes payable in the year 2002 that is higher than the tax rate calculated pursuant to Minnesota Statutes '275.078 for the city for taxes levied in 2000, collectable in 2001. The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Anoka County, Minnesota. Approved this 10th day of September 2001 Offered By: Williams Seconded By: Szurek Roll Call: Ayes: Peterson, Szurek, Wyckoff, Williams Nays: Nawrocki City Council Minutes September 10, 2001 Page 7 of 11 Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk Motion by Szurek, second by Williams, to schedule the budget review meeting with the Library Board and the City Council for October 2, 2001 at 7:00 p.m. in the Library Activity Room, and schedule the City Council budget review meeting with the Park and Recreation Commission for October 24, 2001 at 7:00 p.m. in the Gauvitte Room at Murzyn Hall. Nawrocki indicated he has a conflict with meetings hem on the first and second Tuesdays of the month. He asked to schedule on another day, or to begin at 5:00p. m. on Tuesday. Fehst indicated this might be a problem for the Library Board Chairperson, Barb Miller, who works downtown. Williams stated he has a previous commitment at 5:00p. m. Peterson suggested a compromise of 6:O0 p. m. Friendly amendment by Peterson to amend the budge review meeting with the Library Board and City Council for October 2, 2001 at 6:00 p.m. Williams and Szurek concurred with the amendment. Upon vote: All ayes. Motion carried. Fehst suggested additional budget hearing dates regarding other City departments of October 15for Public Safety, Police, Fire, and Community Development; October 29for Administration, General Government, and Public Works; November 5for Finance, Liquor, and the summary report; and November 19 for final wrap up. The mini budgets of each department will be distributed at the first Council meeting in October. Nawrocki stated the City Charter indicates the budget is to be distributed in August. Motion by Szurek, second by Wyckoff, to set work session dates with the various department for budget review on October 15 and 29, and November 5 and 19, 2001. Williams encouraged citizens to come to these meetings. Peterson pleaded for citizens to attend and comment on the quality of services and what they believe the City can do without or what to keep. All meetings are open to the public. Upon vote: All ayes. Motion carried. Nawrocki handed out article from the MNReal Estate Journal on TIF and the new tax bill, discussing the impact on commercial and industrial areas. Williams reiterate the reason he supported the proposed levy and his request for resident input. Wyckoff also referred to possible budget cuts including the $10,000 "Back to the Parks "funds, which were not utilized this year. She stated she would lobby to retain the receptionist position. Nawrocki indicated the motion, which passed did not include any budget cuts, but rather a ten percent budget increase. Fehst stated he would have budget cut recommendations for up to $900, O00 for Council review. City Council Minutes September 10, 2001 Page 8 of 11 ADMINISTRATIVE REPORTS a) Report of the City Manager (Upcoming Work Session Items listed later in the meeting) b) Report of the City Attorney - none GENERAL COUNCIL COMMUNICATIONS a) Minutes of Boards and Commissions 1. Minutes of the September 4, 2001 Planning and Zoning Commission meeting. Mayor Peterson asked the four student; present to introduce themselves. Williams asked the student to state what they had learned at this meeting. CITIZENS FORUM Linda Ballentine, 5230 4th Street, addressed Council regarding five years of complaints of pubfic urination across the alley from her backyard that have not been resolved. She requested to privately ,'how Councilmembers a video of the activity behind her home, and wanted a comment from each Councilmember. Peterson stated the City is trying to work with Galaxy Auto to resolve the situation. Placement of a fenc, e at City expense, was rejected. Fehst stated that the City has installed a light in the area, added additional police patrol; through the area, and have placed an officer inside the municipal liquor store. Fehst stated that work has been ongoing to look for new store locations. Peterson asked for Ballentine's suggestion to resolve the problem. Ballentine suggested closing the liquor store at 8:00p. m. every evening. Nclwrocki believed she shouM have the right to ,'how the video. Wyckoff agreed. Jim Hoeft, City Attorney, recommended a copy of the tape be given to the City as a pubfic document that could be viewed by Council and requested by the pubfic, under the Data Privacy Act. Peterson suggested she play the tape in the conference room following the meeting. Williams stated that if the City is to remain in the fiquor sales business, this must be addressed and resolved. Nick Larson, 5218 4th Street, stated the problems of urination, debris, and people coming into their yard; has been an ongoing issue for 5years. He stated that the Pofice are called but the violators are gone before the Pofice arrive. Larson also felt the fiquor store should be closed earfier in the evening. Wyckoff indicated that if this were a private business, the City wouM have demanded result; or asked them to leave. She indicated this liquor store shouM be closed at 8:00 p.m. Wyckoff spoke of her conversations with Mr. Larson, who stated he wouM be willing to ,'hare the cost of a fence on his property. Dr. Johnson DDS, whose office is adjacent to the liquor store property, has relayed to her ongoing problems he has because of liquor store patrons, and that he is willing to strike a deal with the City. Bruce Ballentine, 5228 4th Street, suggested an Officer be inside and outside of the store, but stated that his solution was to close this liquor store. Fehst stated that before doing something that hasty, it was necessary to determine what is best for aH resident,'. Nawrocki questioned how often the pubfic urination occurs. L. Ballentine stated that her video from one day shows nine incident,'. L. Ballentine stated that the City had agreed to pick up debris behind the store, but she has only seen this happen twice. Nawrocki questioned if the activity was limited to public property. L. Ballentine stated that the activities also occur behind Galaxy Auto. City Council Minutes September 10, 2001 Page 9 of 11 Dr. Todd dohnson, 21 year property owner south of the fiquor store, complained of the smell, and people urinating in the parking lot. He stated that patients have complained and employees are afraid to come out of his building after dark, and that there may be gang elements' involved. Larson suggested selling his three lots' to the City, with relocation fees. Szurek stated this situation was far worse than she realized and that something must be done. Peterson stated the Police Department wouM be tom to immediately increase their activity inside and outside the store, and early closings wouM be discussed during budget hearings. Motion by Wyckoff, second by Szurek, that starting immediately the City liquor store on University Avenue be closed at 8:00 p.m. until we get our act together. Nawrocki felt this is a "knee jerk" reaction to a serious problem, and not a responsible way to deal with it. The City needs' to look at alternatives. Peterson stated he would not vote in favor of such a motion until he has the opportunity to talk to the Liquor Store Manager and Finance Director. Fehst stated that he met with the neighbors and they asked for a fence all the way to the alley, but Dr. Johnson was not in favor of this, as it would affect the walking traffic. Peterson stated that there have been efforts' to alleviate this problem, but apparently not enough. Deb Johnson, 4638 Pierce Street, suggested monitoring the store instead of closing it down. Fehst stated there is a need to separate businesses and residents'. Sue Amundson, 3 741 Reservoir, stated this was disgusting and shouM be the City's number one priority. Williams agreed with Peterson and Nclwrocki, and thought something needs' to be done, but to reduce the hours tonight is not the answer, and agreed to make this situation a priority. Upon vote: Williams, nay; Szurek, aye; Wyckoff, aye; Nawrocki, nay; Peterson, nay. Motion failed 3 to 2. Peterson assured residents' that all Councilmembers are committed to resolve this problem. L. Ballentine questioned if this topic wouM be on the next work session. Fehst stated it wouM be. Work Session items for September 17, 2001 · School based Partnership Gram Report - Michelle Steichen Overby · Board of Appeals and Point of Sales. · Municipal Liquor Store on University Avenue COUNCIL CORNER Nawrocld attended a meeting in Blaine on Affordable Housing. A Land Trust Program was suggested whereby the City purchase land and put it in a trust for affordable housing; the land is leased by the buyer on a 99 year lease with a 99 year renewable option. The first buyer wouM be limited to the increase they couM put into that sale, so not only the first owner gets' a better buy, but so would future buyers. He suggested that the property on 47th Avenue and Monroe Street, bought with CDGB money, be keep in a land trust. Nawrocki stated the sale couM be restricted to a resident of the community. Peterson felt this was an interesting concept, but the property on Monroe Street was agreed by Council to sell for maximum profitability. City Council Minutes September 10, 2001 Page 10 of 11 Nawrocki stated the alley he mentioned at the last meeting has not been patched. Fehst stated the developer still needs to drop services to ground level, but he will check on the fill which needs to be cleaned up. Nawrocki questioned Auto World using an alley for their car show. Fehst asked the Pofice and Fire Chiefs to work with them so there is a safe venue to do this. Nawrocki stated that since the Hylander Drive In needed a petition to close the alley that Auto World should also be required to do so. Fehst stated that the understanding was to work with staff to be sure there are no safety violations. Nawrocki questioned the result of the inspection of the tiles in the oM Dr. Good building. Fehst stated that the Mayor, Councilmember Wyckoff and himself were present at the inspection. Fehst referred to one other home on the ocean that has been preserved but the tiles were on the outside of the home. Wyckoff suggested the building be used for an artist studio or cultural center. Wyckoff stated the people from California who looked at the building indicated the tile wouM have no value if removed from the building. Nawrocki referred to a letter from Representative Barb Goodwin, dated Augustl 6, regarding problems around the liquor store and questioned if she received a response. Fehst stated that information was ready to be sent, but additional information was received that he wanted to include. Peterson indicated that he spoke to her in person on this. Nawrocki requested she be given a written response. Nawrocki requested time be spent with our State Senator and Legislator regarding budget changes. Nawrocki again questioned recreational fire permits. Fehst stated this would be reviewed by the Fire Chief, with any changes to take place at the beginning of next year. Nawrocki referred to a letter from Mrs. Nelson in dune regarding environmental waste management. He indicated an article in the Circle Pines newspaper addressed this, and requested we respond to her. Fehst referred to a meeting he attended where Representative Abrahms was in attendance. Wyckoff referred to an anonymous call which stated that 4015 7th street needs clean up, as the dumpster is overflowing. She turned this over to the Housing Maintenance Clerk. Wyckoff welcomed Lenny Austin back to our pofice force, following his sabbatical. Wyckoff indicated that the first meeting of the Columbia Heights Historical Society would be Thursday, September 27, at 6.'30 p.m. at Murzyn Hall in the senior center. This meeting will be to set the By-laws and to set possible projects. Szurek commented on waste management and that there is a number to call for special pickups. She stated that there are organizations, tike the Bridge in Bloomington, which will pick up items you would tike to donate. Williams referred to the dedication ceremony of Gateway Park hem on September 4th, and the efforts by former Councilmember Hunter and Mayor Peterson, and the wonderful job of planting flowers by Silvia Okerstrom and the Beautification Committee. Nawrocki suggested sending notices to neighbors the second reading of the rezoning ordinance. Fehst City Council Minutes September 10, 2001 Page 11 of 11 stated that the public hearing was hem at the Planning Commission meeting. Peterson asked that affected residents be notified of the second reading of the ordinance if they were not notified of the first reading. Mayor Peterson - Remember: don't take yourself too seriously, enjoy life, and do a random act of kindness! Wyckoff asked to be on the MN Cities magazine maifing fist. ADJOURNMENT Peterson adjourned the meeting at 10:10 p.m. Nawrocki asked that everyone "Take City business very seriously". Patricia Muscovitz, Deputy City Clerk