HomeMy WebLinkAboutJuly 11, 2005
OFFICIAL PROCEEDINGS
CITY OF COLUMBIA HEIGHTS
CITY COUNCIL MEETING
JULY 11, 2005
The following are the minutes for the regular meeting ofthe City Council held at 7:00 p.m. on Monday, July 11,
2005 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN.
CALL TO ORDER/ROLL CALL/INVOCATION
Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Ericson
Diehm, Councilmember Kelzenberg
Councilmember Williams gave the invocation.
PLEDGE OF ALLEGIANCE - recited
ADDITIONS/DELETIONS TO MEETING AGENDA - none
PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS AND GUESTS
Presentations - Mural Presentation by Teens and Togetherness ('TI'H) Program
Liz Bray, Recreation Youth Coordinator, presented the mural hanging in the Council Chambers and asked
the TNT Teens to come forward and speak. Participants read a statement describing their experience
working on this mural. Peterson stated how pleased he was with this excellent project representing our
community. One ofthe participants was Councilmember Nawrocki's granddaughter.
CONSENT AGENDA
Linda Magee, Assistant to the City Manager, took Councilmembers through the Consent Agenda.
1) Approve City Council Meeting Minutes for June 27,2005, regular City Council meeting
Motion to approve the minutes ofthe June 27,2005, regular City Council meeting as presented.
2) Accept Boards and COlmnissions Meeting Minutes
Motion to approve the minutes of the following Board and COlmnission meetings: April 26, 2005,
Economic Development Authority Meeting; May 25, 2005, Park and Recreation COlmnission Meeting;
June 6, 2005, Traffic Commission Meeting; July 6, 2005, Planning and Zoning Commission Meeting.
Nawrocki asked when the road issue from the July Planning and Zoning COlmnission meeting would be
addressed. Bob Streetar, Community Development Director, stated it would be brought forth at one of
the next two Council meetings.
3) Approve One-Time Charitable Gambling Pennit
Motion to direct the City Manager to forward a letter to the State Chmitable Gmnbling Control Board
indicating that the City of Columbia Heights has no objection to a one-time bingo event to be conducted
by the Minnesota 90 Lightning Hockey Club at the Church of the Immaculate Conception, 4030 Jackson
Street N.E., Columbia Heights, on August 13 and 14, 2005; and furthennore, that the City of Columbia
Heights hereby waives the remainder of the thirty-day notice to the local government body.
4) Recognize 2004 Independent Auditors Report from HLB Tautges Redpath, Ltd, Including the
ComlJrehensive Annual Financial Report - Removed
5) Adopt Resolution No. 2005- 40, being a Resolution Authorizing Application for a Demonstration Grant
Through the Livable Communities Demonstration Progrmn - Removed
6) Establish a Hearing Date of Monday, July 25,2005, for revocation or suspension of rental propeliY
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July 11,2005
Page 2 of11
license at 1132-34 45th Avenue N.E., 1026 40th Avenue N.E., and 1000 Peters Place
Motion to establish a healing date of July 25, 2005, for revocation or suspension of a license to operate
a rental property within the City of Columbia Heights against Shirley Apollo at 1132-34 45th Avenue
N.E.
Motion to establish a healing date of July 25, 2005, for revocation or suspension of a license to operate
a rental property within the City of Columbia Heights against Shahdi Hosain at 1026 40th Avenue N.E.
Motion to establish a healing date of July 25,2005, for revocation or suspension of a license to operate
a rental property within the City of Columbia Heights against Sunshine Management at 1000 Peters
Place N.E.
Nawrocki stated there was an ownership question for Peters Place. Fire Chief Gmy Gonnan stated that
Peters Apartments, LLC was sent a fonn requesting their corporate infonnation. It was received
incomplete, therefore the revocation process has begun. Jim Hoeft, City Attorney, clalified that this
revocation is to obtain accurate property ownership infonnation, and will be followed by addressing
items to be corrected.
7) Approve Business License Applications
l'viotion to approve the items as listed on the business license agenda for July 11,2005, as presented.
Nawrocki questioned the ice cremn vendor license pending Police Department approval. Hoeft stated
this is contingent on the standard background check.
8) 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 113405 through 113577 in the amount of$I,700,231.99.
Nawrocki questioned check #113557, MN Solutions, a membership for Bob Streetar, and if this was
necessary as this is a lobbyist group and we already use the League ofMN Cities (LMC) for this.
Streetar explained the assistance given to first ling suburbs in areas such as transpOliation, eminent
domain, and industlial park clean up funds.
Motion by \Villiams, second by Kelzenberg, to approve the Consent Agenda items, with the exception of #4
and #5. Upon vote: All ayes. Motion carried.
4. Recognize 2004 Independent Auditors Report from HLB Tautges Redpath, Ltd, Including the
Comprehensive Annual Financial Report
Nawrocki opposed putting such important documents on the consent agenda. Some ofthis infonnation is
more than a month old. Why it is only coming forth now. He stated that we ended 2005 with a positive
fund balance of $768,000, yet increased property taxes by 20 percent. Knowing ofthis balance could
have eliminated that increase. The proposed motion options ask for a general overview or detailed
review. He stated he hopes this is taken very seliously.
Motion by Nawrocki, second by Williams, to recognize that the 2004 independent auditors repOli from
HLB Tautges Redpath, Ltd. including the Comprehensive AIIDual Financial Report for the City of
Columbia Heights was distributed to council members and to schedule August 1, 2005, at 7:00 p.m. as
the date and time to meet with the auditor to receive a detail review on the audit ofthe financial report,
compliance findings, and the management letter.
Peterson questioned who would be in charge of what amount of detail would be discussed. Nawrocki
stated that each member has in mind what detail is important, and the hope is that everyone's concerns
would be answered in that process.
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July II, 2005
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Upon vote: Kelzenberg, nay; Williams, aye; Ericson Diehm, nay; Nawrocki, aye; Peterson, nay. 2 ayes -
3 nays. Motion failed.
Nawrocki indicated disappointment that the motion failed. Williams stated that all members care about
the process and can still get their questions answered. Nawrocki stated that only 1.5 hours of review is a
tragedy.
Motion by Ericson Diehm, second by Kelzenberg, to recognize that the 2004 independent auditors
rep0l1 ii-om HLB Tautges Redpath, Ltd. including the Comprehensive Annual Financial Report for the
City of Columbia Heights was distributed to council members and to schedule August 1,2005, at 7:00
p.m. as the date and time to meet with the auditor to receive a report on the highlights ofthe audit ofthe
financial report, compliance findings, and the management letter.
Williams indicated that the reserve funds are probably restricted in their use, which we can ask of the
Auditor.
Upon vote: Kelzenberg, aye; Williams, aye; Ericson Diehm, aye; Nawrocki, aye; Peterson, aye. 5 ayes.
Motion carried.
5. Adopt Resolution No, 2005- 40. being a Resolution Authorizing Application for a Demonstration Grant
Through the Livable Communities Demonstration Program
Streetar stated the request is to authorize submission for a grant of about $800,000 for public
improvements in the industrial park area such as sidewalks, trails, and stonn water pond. Nawrocki
asked what the assessment on this development would be to the City and Developer. Streetar indicated
that it would be two-thirds Developer and one-third City. Nawrocki asked who is paying for the
sidewalk. Streetar stated the cost split would be the same.
Motion by Williams, second by Kelzenberg, to waive the reading of Resolution No. 2005-40, there
being ample copies available to the public. Upon vote: All ayes. Motion carried.
-M-ot.on 'bv 'Vi 'Ill' al"" sP('ond" "by Velzpn"bprg tn ad"opt Dp"oiution No '7005-40 ::J rpso'lution mlthon'7inu
'........ J'V'" .L.a.!....>,"""'" .1........ _........ , '-' .l'\........u....L .L ".~ . ,_.&...... ....... ...__........ .L"'-'.L.LO
application for a Demonstration Grant through the Livable COlmnunities Demonstration Account
Program. Upon vote: All ayes. Motion carried.
RESOLUTION NO. 2005-40
RESOLUTION IDENTIFYING THE NEED FOR LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT
FUNDING AND AUTHORIZING AN APPLICATION FOR GRANT FUNDS
WHEREAS, the City of Columbia Heights is a participant in the Livable Communities Act's Housing Incentives Program for
2005 as determined by the Metropolitan Council, and is therefore eligible to apply for Livable Communities Demonstration
Account funds; and
WHEREAS, the City has identified a proposed project within the City that meets the Demonstration Account's purposes and
criteria and is consistent with and promotes the purposes of the Metropolitan Livable Communities Act and the policies of
the Metropolitan Council's adopted metropolitan development guide; and
WHEREAS, the City has the institutional, managerial and financial capability to ensure adequate project administration; and
WHEREAS, the City certifies that it will comply with all applicable laws and regulations as stated in the grant agreement;
and
WHEREAS, the City agrees to act as legal sponsor for the project contained in the grant application submitted on July Iih,
2005; and
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WHEREAS, the City acknowledges Livable Communities Demonstration Account grants are intended to fund projects or
project components that can serve as models, examples or prototypes for development or redevelopment projects elsewhere
in the region, and therefore represents that the proposed project or key components of the proposed project can be replicated
in other metropolitan-area communities; and
WHEREAS, only a limited amount of grant funding is available through the Metropolitan Council's Livable Communities
Demonstration Account during each funding cycle and the Metropolitan Council has determined it is appropriate to allocate
those scarce grant funds only to eligible projects that would not occur "but for" the availability of Demonstration Account
grant funding.
NOW THEREFORE BE IT RESOLVED that, after appropriate examination and due consideration, the goveming body of
the City:
1. Finds that it is in the best interests of the City's development goals and priorities for the proposed project to occur at this
particular time.
2. Finds that the project component(s) for which Livable Communities Demonstration Account funding is sought:
(a) will not occur solely through private or other public investment within the reasonably foreseeable future; and
(b) will not occur within two years after a grant award unless Livable Communities Demonstration Account funding is
made available for this project at this time.
3. Authorizes its City Manager to submit on behalf of the City an application for Metropolitan Council Livable Communities
Demonstration Account grant funds for the project component(s) identified in the application, and to execute such
agreements as may be necessary to implement the project on behalf of the City.
PUBLIC HEARINGS
A) Second Reading of Ordinance No. 1489, Being an Ordinance Pertaining to Air Quality Standards
Nawrocki stated that the Air Quality Standards title is misleading. This Ordinance would allow a fee to
be charged for recreational fire pennits. When the pennit requirement was initially passed it was to
control pollution and it was emphasized there would not be a charge.
Motion by Kelzenberg, second by Williams, to waive the reading of Ordinance #1489, there being
ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Kelzenberg, second by Williams, to adopt Ordinance #1489, being an ordinance amending
Ordinance No. 853, City Code of 1977 pertaining to Air Quality Standards.
Upon vote: Kelzenberg, aye; Williams, aye; Ericson Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes -
1 nay. Motion carried.
Nawrocki presented published rental license fees for the City of Anoka, stating they are low compared
to our new fees.
ORDINANCE NO. 1489
BEING AN ORDINANCE PERTAINING TO AIR QUALITY STANDARDS
The City of Columbia Heights does ordain:
Chapter 8, Article IV, Section 2 (8.402), of Ordinance No. 853, City Code of 1977,
8.402(1) Open Fire Buming.
No person shall bum materials in an "open fire", that is, a fire buming outside the confmes of a structure or container, or in a
firebox, which is designed to control and contain a fire, if the products or combustion create a visual, or odor nuisance in the
air space of other property users. Except as provided in tllis ordinance and Mitmesota Statutes, no buming shall be conducted
which violates Mitmesota's Clean Air Act. Violation of either or bOtll standards shall constitute a misdemeanor under the
City Code.
8.402(2) Permitted Fires
A fire contained in a grill or barbeque designed for the preparation of food shall be a pennitted fire under tllis subsection.
The Fire Department is authorized to permit, "recreation fires" provided the resident first provides notice to the Fire
Department of its intent to have a recreation fire and tllere is no violation of the City's Air Quality Standards. A "recreation
fire" means a fire set for cooking, warming or ceremonial purposes, wllich is not more than three (3) feet in diameter, the
surrounding ground is clear of readily combustible mateIials for a distance of five (5) feet from the base of the fire, there is a
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July 11,2005
Page 5 of 11
readily available and operable fIre extinguishing device, and there is a responsible adult in continuous supervision at the fIre.
Violation of these "permission" requirements shall constitute a misdemeanor under the City code. The Fire Department is
authorized to impose additional regulations to ensure the health and welfare of our citizens and for the protection of
property.
The Fire Department is authorized to permit a "festival bon fIre", if requested by a State recognized agency or institution,
such as an annual high school homecoming football celebration. Special conditions for the bon fIre may be imposed, such as
the presence of fIre department personnel and equipment, approving the location of the bon fIre, and the presence of adult
supervIsors.
The Fire Department is authorized to permit an open bum of timber and/or untreated lumber or debris when necessary to
avoid or abate a public hazard and there is no practical alternative to dispose of the materials, City Council concurrence of
justifying circumstances is a condition precedent to the Fire Department's permit issuance.
Fees for recreation fire, festival bon fire, and open bum permits shall be in accordance with the fee schedule adopted by The
City of Columbia Heights by Resolution.
8.402(3) Fire Department Training.
The Fire Department is authorized to conduct live fIre training exercises, which are conducted in accordance with Minnesota
Statutes and rules of the Department of Natural Resources and Minnesota Pollution Control Agency.
Such exercises shall not constitute a violation of this ordinance.
B) Second Reading of Ordinance No. 1490, Being An Ordinance Recodifying the Columbia Heights City
Code
Motion by Ericson Diehm, second by Kelzenberg, to waive the reading of Ordinance No. 1490, there
being ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion by EIicson Diehm, second by Kelzenberg, to adopt Ordinance No. 1490, being an ordinance
recodifying the Columbia Heights City Code.
Nawrocki indicated that Council was not told the changes and that he could not get a response to what
they were. He agreed with Ericson Diehm that there was a year to review this, but that also meant staff
had a year to tell us the changes. Nawrocki stated he would vote against this.
Upon vote: Kelzenberg, aye; Williams, aye; Ericson Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes -
1 nay. Motion carried.
ORDINANCE NO. 1490
BEING AND ORDINANCE RECODIFYING THE COLUMBIA HEIGHTS CITY CODE
THE CITY OF COLUMBIA HEIGHTS DOES ORDAIN:
WHEREAS; this ordinance shall be known, cited and referred to as the Columbia Heights City Code, and;
WHEREAS; the Columbia Heights City Code, adopted on the date indicated herein, shall be available for viewing at City
Hall, the Public Library, and on the City of Columbia Heights web site, and;
WHEREAS; the Columbia Heights City Code contains all ordinances of the City of Columbia Heights, to the effective date
hereof, whether or not those ordinances have been previously published, and;
NOW, THEREFORE; this Ordinance shall be in full force and effect from and after thirty (30) days after its passage.
C) Second Reading of Ordinance No. 1491, Being an Ordinance Authorizing the Sale of Certain Land in
the City
Motion by Williams, second by Kelzenberg to waive the reading of Ordinance No. 1491, there being
ample copies available to the public. Upon vote: All ayes. Motion carried.
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Motion by Kelzenberg, second by Williams, to adopt Ordinance No. 1491, being an ordinance
authorizing the sale of celiain land in the City.
Nawrocki stated that citizens should be advised on the dollar amounts involved. Williams read from the
Staff letter explaining this cooperative effort between the EDA, Developer, and the City Council.
Nawrocki stated that we do not know the cost, as this is a quick take and must still go through the legal
process to find the value and attorney fees.
Williams stated that the Developer will or has reimbursed all costs. Nawrocki questioned the actual
costs. Williams stated this question would be answer when the land is sold to the EDA.
Streetar indicated the amount escrowed by the Court is about $409,000 with the final amount detennined
by three Commissioners. The Developer covers legal costs and he must provide the funds five days
before payment. The Developer is current on all bills and we are current on billing.
Upon vote: Kelzenberg, aye; Williams, aye; Ericson Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes -
1 nay. Motion carried.
ORDINANCE NO. 1491
AN ORDINANCE AUTHORIZING THE SALE OF CERTAIN LAND IN THE CITY.
THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS DOES ORDAIN AS FOLLOWS:
I. BACKGROUND
The City is the owner of certain real property in the City of Columbia Heights as legally described on Exhibit A attached
hereto (the "Subject Property"). Said real estate is located at 450 - 38th Avenue N.E., Columbia Heights, Minnesota.
The City Council has determined that it is in the best interest of the City to sell the Subject Property to the Columbia Heights
Economic Development Authority ("ED A") for resale by the EDA in accordance with the terms and conditions of a Contract
for Private Redevelopment between the EDA and Huset Park Development Corporation, a copy of which is on file with the
City Clerk (hereinafter the "Contract for Private Redevelopment").
The Subject Property was acquired by the City in eminent domain proceedings for construction of Huset Parkway and for
redevelopment by Huset Park Development Corporation. The legal description, which is attached, assumes the retention by
the City of the portion of the condemned property, which is necessary for construction of Huset Parkway.
II. SALE OF PROPERTY
2.1. The Mayor and City Manager are authorized and directed to execute the deeds and related documents and take all
steps necessary to effect the terms thereof including the conveyance of the Subject Property to the EDA in order to facilitate
transfer of the property by the EDA to Huset Park Development Corporation upon satisfaction by Huset Park Development
Corporation of all terms of the Contract for Private Redevelopment.
III. EFFECTIVE DATE
3.1. This Ordinance shall become effective after adoption and upon thirty (30) days following its legal publication.
D) Close Public Hearing Regarding Revocation/Suspension of Rental Housing License at 4640 Polk St.
Mayor Peterson closed the public hearing regarding the revocation or suspension of the rental license at
4640 Polk Street N.E. in that the violations have been corrected.
ITEMS FOR CONSIDERATION
A) Other Ordinances and Resolutions - none
B) Bid Considerations -none
C) Other Business
1) Approve Additional Staff Person for Community Develo-pment Department
Streetar indicated that in 2002 the City Council established ten goals. Staff is now working on seven
of these, along with the Industrial Park and Kmart redevelopments. We have received $3.8 million in
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grants. These items take a large amount of staff time. The EDA has discussed additional challenges,
such as Heritage Heights and the redevelopment interest on 39th and Central Avenue by Uddipi,
Taco Bell and the car wash. The cost for additional staff to work on these and items such as grants,
would be $68,000 including wages and fringe benefits. The salary would come from budget savings,
antenna fees, and fees collected for the renovation. This would be an entry level position. The EDA
made this recOlmnendation for City Council approval.
Williams stated that the Apache area must also be considered for improvement. Streetar added 825
41 st Avenue also has to be considered.
Motion by Williams, second by Ericson Diehm, to authorize one additional staff person to be hired
as soon as possible to assist with a number of redevelopment and housing projects.
Nawrocki indicated that the motion does not state specifically where the funds are to come from.
Staff has downplayed the amount of personnel in this department and that the senior planner position
is soon to be filled. Staff is also spending less time on the Senior High Rise that has been tumed over
to a contractor. He asked the dollar amount spent on consultant fees by this department. The motion
needs an appropriate budget amendment and should not be adopted.
Streetar reviewed staff reductions from 2003 to the present. The Building Official and Permit Clerk
handle their own area. He reminded Council of when Nedegaard, Central Lofts developer pleaded
for a full time Building Official because of the delays. Streetar stated that we are working with less
and have less.
Ericson Diehm stated redevelopment is at a critical point and staff has been given many
expectations. We have so many great opportunities presenting themselves; it would be a shame if we
did not take advantage of them.
Williams referred to the millions of dollars in grant money appropriated by this department.
Nawrocki indicated understanding of the workload and disagreement with the use of consultants.
Kelzenberg thanked the Community Development Director for the job he has done.
Peterson stated that there is more being done by this department than at any time during his life. If
we want improvements to continue, we need additional help. He thanked Streetar for all ofthe grant
funds received.
Nawrocki again asked where the funds would come from, and that it should be part ofthe action. He
refelTed to excess funds being the result of charging above actual cost for inspections.
Elrite concUlTed that before a position is filled, there should be a Council motion appropriating
funds. This can be reviewed in the Audit Report. Hoeft stated this would not amend the budget.
Peterson stated that the current motion is acceptable, with the funding source to be defined at a later
date. Hoeft stated that the State Building Code detennines pennit fees, and if there is excess it is not
in violation of any law to place them in the General Fund.
Upon vote: Kelzenberg, aye; Williams, aye; Ericson Diehm, aye; Nawrocki, nay; Peterson, aye. 4
ayes - 1 nay. Motion carried.
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2) Case #2005-0701, Approve Lot Split of 134844 'li Avenue N.E. with Conditions
Streetar introduced Jennifer Haskamp, Consultant Planner from DSU.
Ericson Diehm asked if this person would be retained when the new full time planner comes on.
Streetar stated no, they would only be added in a time shortage.
Haskamp described the three way lot split request. The proposed lots meet all regulations. The
Planning and Zoning Commission (P&Z) recommends approval.
Nawrocki indicated concerns about sinking and cracking for future owners. The soil borings were
not the appropriate type and to authorize a lot split without knowing what you can put on the
property is ludicrous.
Ericson Diehm stated there was a lot of discussion by the P&Z and what the ultimate development
would be, but that is not a requirement to request a lot split. The property meets all ordinance
requirements. The P&Z informed the Developer of concerns for the future and of the moratorium on
duplexes. Williams stated that a similar type issue was addressed a few months ago. Nawrocki stated
that there should have been a change to our ordinance to protect future owners against damage and
settling.
Haskamp indicated that her research showed no soil contamination, but improper pilings for the last
home caused a gap with water settling and a sewer pipe breaking, resulting in a "sick home". The
current property owner has conducted soil tests and is aware the property would require significant
pilings.
Nawrocki stated that the settling lead to the contamination. We should make every effort to assure
citizens do not face these problems. Streetar stated the Building Official must approve the soils
when structures are built.
Motion by Williams, second by Ericson Diehm, to approve the lot split of 134844 'li Avenue N.E.
into three lots, as the proposed lot split is consistent with the City of Columbia Heights
Comprehensive Plan and meets the regulations of the Zoning Ordinance for the R -2 District,
conditional on the following requirements:
1. That the applicant pay a park dedication fee in the amount of $5,542; and
2. That lot size and structure coverage of the existing duplex is provided.
Peterson stated our building department would monitor this, and indicated that piling operations
have changed dramatically over the years. Also, if there is cracking the builder must stand behind his
work for ten years.
Upon vote: Kelzenberg, aye; Williams, aye; Ericson Diehm, aye; Nawrocki, nay; Peterson, aye. 4
ayes - 1 nay. Motion carried.
ADMINISTRATIVE REPORTS
Report of the Assistant to the City Manager - nothing to report
RepOli of the City Attorney - nothing to report
Nawrocki
. Indicated that the City Manager was to come up with two to three items each month that staff would
work on and has not. The Manager has been better about giving a repOli. There should have been
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July 11,2005
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follow up on the water hardness brochure. Magee stated that as indicated in staff responses on
July 1, Kevin Hansen is looking into this and will give a report.
. Requests to see the directive from MnDot on the barricades discussed at the last meeting.
. Looking for more infonnation on the administrative change for the land use ofthe home burned on
Mill Street. Streetar indicated the house is being removedfor the storm water ponding, which will
benefit the City and the Developer. This was initially bought to expand the park property.
CITIZENS FORUM
Paul Knutson, 500 Club, 500 40th Avenue NE, stated he has been the target of extortion and coercion by a
Councilmember and by City Staff. He received complaints from the City on a three foot fence he placed to
keep dogs out, on a canopy and chairs he placed by the building, and only having enough parking for 20
patrons while having seating for 40. He was told he could keep the seating for 40 ifhe removed the canopy.
He felt this was extOliion and that he would have to confonn to the building code of 20 seats. Knutson
stated that other businesses should be required to do the same. He asked for information on parking
requirements, which he did not receive. When meeting with staffhe was told that ifhe wanted to sell his
building the City would block the mortgage, which was intimidating. He stated that he completed removal
ofthe excess seats, then called Bob Streetar and stated that he expected other neighborhood businesses to
also comply, but he did not get a response. Following this he again met with Streetar, whose attitude was
confrontational, indicating nothing would be done to other businesses. He then indicated that he was
recording the conversation and questioned why a City employee would be concerned about a duplication of
what was said. He talked to Fehst also, and asked him for an exact statement as to the number of seats
allowed. He stated that the City is not friendly to businesses. Knutson stated that Streetar told him he
should not waste his time, and that he does not work for me.
Nawrocki disagreed that this is extortion. They disagreed on the definition.
Streetar replied that the City Manager received an inquiry from a Councilmember to see if the 500 Club was
in compliance with the zoning ordinance. Staff found parking sufficient for 20 seats, while they have 40.
They have a deck they do not have a permit for. The owner claimed the previous Building Official said it
was fine. He told the owner that the City wants to be supportative, but there are a lot of things that are
nonconfonning, and we would have the Building Official look at the deck for safety. He also told the owner
that the canopy could be up during the Jamboree but would have to come down after that time. The owner
stated he did not want to do that and insisted that Staff go across the street and do the same to them. Streetar
stated his answer was that their use had not intensified. Streetar indicated that if the owner chose to file a
complaint, we would inspect the area. He stated that staffhas tried to work with this owner, but he does not
want to cooperate.
Nawrocki again stated that he takes strong exception to the claim that someone is trying to extort anything.
Nawrocki stated that he was the Councilmember that asked the question, because he was asked the question,
regarding building add-ons. He referred to the deck and fencing added on the property and Police
Depmiment concerns of alcohol being passed through the fence. Questions were also raised about parking.
He also questioned if there was a building pennit for the structure and the unstable canvas cover. Nawrocki
stated he was infonned there was not a pennit issued. He asked the City Manager about the seating and
parking. The City Manager indicated to him that there was not a solid floor, so a structure was not allowed.
Nawrocki stated that we were told the structure was for viewing the Jamboree. On two occasions before that
people were using the structure. The canopy is only plastic sheeting. Questions have also been raised about
signage. Nawrocki stated that he would not apologize for following up on a resident's question. He also
spoke of one of the past owners.
Knutson read the definitions of coercion and intimidation.
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July 11,2005
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Peterson stated that the City Manager would return next week and he suggested that Councilmembers stop
by the 500 Club.
Knutson stated he would return to the next Council meeting.
Nawrocki explained that grandfathering would apply to property that is nonconfonning and does not
change. Any change nullifies being grandfathered in. The new structure must comply with current codes.
Peterson stated that we are a small old town, and if we went strictly by code, we would close halfthe
businesses in town.
COUNCIL CORNER
Kelzenberg
· At the last meeting the Mayor asked for something positive about the City. The "people" are the positive of
the City. What the City has accomplished in the last few years is marvelous. The City is going in the right
direction. People are working to make their property and yards better.
· Wished Councilmember Ericson Diehm a Happy "upcoming" Birthday.
Williams
· Our people are our positive, some complain, but most are working for our future and the bettennent of our
City.
· Read a letter from Elaine Feely stating that she does not agree with resident's negative COlmnents toward
Councilmembers. She complimented Fire Chief Gonnan on the job he does.
· Read a resident letter stating appreciation for the job the Fire Department did extinguishing the fire on the
back of their garage.
· We should do onto others as we would have them to do unto us.
· The Rising to New Heights Committee will meet tomorrow night.
Nawrocki
· Negatives are opportunities to make improvements, in which case they become positives.
· Redevelopment in the Industrial Park area is a classic example often pounds in a five pound bag. The
comment by the Planner that there wouldn't be many children in that area, can be related to the Sheffield
neighborhood where this was to be the same, but did not turn out that way. This results in us having to clean
up the area. Concern about the units becoming rental property, which should not be allowed. Was told by
our Attorney that we can not do so. Fridley has stipulations in their condo declarations that no more than
five percent of the units can be rental at one time. This is excellent and should be explored.
· Has the financial report been published in the local paper? Elrite stated the liquor report has been published
and the City report will be soon. The Coon Rapids and Blaine reports have revenue and expenditure on a per
capita basis. Would like to see that for our City. Who do the reports go to? Elrite indicated they go to the
State Auditor.
· When is the 2006 budget to be presented? The Chmier calls for presentation in August. The last few years
we only get a sUlmnary. We need to spend more time on the budget and less time on the fancy presentations.
· Fall Newsletter should have an miicle on the sewer backup insurance and the 2006 budget.
· Last meeting brought up resident's son not being supervised at a progrmn through our recreation
depmiment. Allegedly, the people we sent to supervise were playing volleyball. How many did we send?
The response in the Green Sheet did not answer the question. Concerned about the reputation of our
programs, but more concerned about the safety and perceived safety of our children.
Ericson Diehm
· The wading pools are open.
· Read article by Jim Miller ofthe LMC on Expectations.
City Council Minutes
July 11,2005
Page II oflI
Peterson
· Thanked everyone for their prayers and concern for his "heart adventure".
· Realizes what a God-send people like our Fire Fighters and EMT's are. Thank you, and we are proud of
you.
· The Sunday house bum adjacent to Huset Park was amazing. Most of us would not go in a burning building,
yet they do so with no hesitation.
· Could not pick a positive out of Nawrocki's report.
· Our people are our strongest asset. In looking for bad properties and long grass, found that 95 percent of our
community is beautiful. A mess may not bother you, but may bother your neighbor. Look around your yard
and pick things up - just to be a good neighbor.
· Cooperation is the biggest thing Councilmembers need to have, at meetings and with staff. Apologized to
Streetar for the negative COlmnent given to him earlier.
· Don't take ourselves too seriously. Do a random act of kindness.
11. ADJOURNMENT
Mayor Peterson adjourned the meeting at 9:33 p.m.
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Patricia Muscovitz, CMC I
Deputy City Clerk/Council Secretary