HomeMy WebLinkAbout01/14/2010Official Proceedings
City of Columbia Ileigl~ts
City Council meeting
Monday, January 11, 2010
The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday,
January 11, 2010 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights,
1V11~1. Resolutions may be found at the end of this doca~naent.
CALL TO ORDER/ROLL CALL/INVOCATION
Pastor Hay Souza, Church of All Nations, gave the Invocation.
Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember
Diehm, Councilmember Kelzenberg
PLEDGE OF ALLEGIANCE -recited
ADDITIONS/DELETIONS TO MEETING AGENDA
Mayor Peterson removed the public hearings far Resolution numbers 2010-03, 2010-04, and 2010-
05, in that the properties have been brought into compliance.
Nawrocki requested to add discussion under the Manager's report on the Library report, the budget
and total tax levy, selecting Council President, Board and Commission liaison appointments, the
newsletter, 4230 Van Buren clean up, and pedestrian bridge casts. He indicated he would bring up
items under Other Business. Diehm indicated that items can be added by a majority of the council;
but if procedure issues or decisions need to be made, items should be placed on the agenda prior to
the meeting.
PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS
A. Retirement of Firefighter Bruce Shellito
Fire Chief Gary Gorman stated that Lieutenant Bruce Shellito became an on-call firefighter in 1978
and has probably responded to thousands of calls and therefore touched many, many lives. He is the
epitome of what a firefighter is; a very humble servant. Gorman thanked him for his service and
presented him with his helmet and a plaque. Peterson thanked Brace for his sen~ice and his wife
Joyce. The entire Fire Department was present at the meeting to wish him well.
CONSENT AGENDA
Nawrocki requested to remove items C, G, and I. Nawrocki stated that Council is not to receive
meals or mileage and should not take coffee served at the Council meetings. Peterson stated that the
Council can take up a collection to pay for the coffee.
City Manager Walt Fehst took the Council members through the Consent Agenda items.
A. Approve minutes of the City Council meeting
Motion to approve the minutes of the December 14, 2009 City Council meeting.
B. Accept minutes of the Columbia Heights Boards and Commissions.
Motion to accept the January 5, 2010 minutes of the Planning and Zoning Commission.
C. Accept the 2010 City Council meeting calendar as proposed. -removed
D. Adopt Resolution 2010-01, being a Resolution to accept certain donations received by the City
of Columbia Heights
Motion to waive the reading of Resolution 2010-01, there being ample copies available to the
public.
City Council Minutes
Monday, January 11, ?010
Page 2 of 9
Motion to adopt Resolution 2010-O1, being a resolution to accept certain donations received by
the City of Columbia Heights.
E. Adopt Resolution 2010-02 being a Resolution desi nating Official Depositories for the Cit~f
Columbia Heights
Motion to waive the reading of Resolution 2010-02, there being ample copies available to the
public.
Motion to adapt Resolution 20 i 0-02, being a resolution designating official depositories for the
City of Columbia Heights.
F. Approve Raffle, Little Voyageurs' Montessori School, St. Timothy's Lutheran Church
Motion to direct the City Manager to forward a letter to the State Charitable Gambling Control
Board indicating that the City of Columbia Heights has no objection to a raffle event to be
conducted by Little Voyageurs' Montessori School at St. Timothy's Lutheran Church, 825 51st
Avenue, Columbia Heights, on Apri130, 2010; and furthermore, that the City of Columbia
Heights hereby waives the remainder of the thirty-day notice to the local governing body.
G. Desi nating an Official Newspaper for 2010 -Removed
H. Appoint the Mayor and City Manager to the Columbia Heights Volunteer Firefighters Relief
Association Board of Trustees for 2010.
Motion to appoint the Mayor and City Manager to the Columbia Heights Volunteer Firefighters
Relief Association Board of Trustees for 2010.
I. Authorize extension of Fire and EMS service contract with City of Hilltop. -removed
J. Approval of the attached list of rental housing license applications in that they have met the
requirements of the Property Maintenance Code.
Motion to approve the attached list of rental housing license applications, in that they have met
the requirements of the Property Maintenance Code.
K. Approve Business License Applications
Motion to approve the items as listed on the business license agenda for January 11, 2010 as
presented.
Nawrocki questioned what the waiver refers to. Fehst will address this in the green sheet, but
indicated this was probably for the release of addresses and phone numbers.
L. Approve payment of the bills
Motion to approve the payment of bills out of the proper funds as listed in the attached register
covering Check Number 132930 through Check Number 133290 in the amount of
$3,435,322.09.
Motion by Nawrocki, second by Williams, to approve the Consent Agenda items with the exception
of items C, G, and I. Upon vote: All ayes. Motion carried.
C. Accept the 2010 City Council meeting calendar as proposed.
Nawrocki questioned the deletion of the last Council meeting in December. Patty Muscovitz,
City Clerk, indicated that deleting a regular council meeting would have to be done by resolution
and is normally presented to Council for approval at the end of November.
City Council Minutes
Monday, January 11, 2010
Page 3 of 9
Motion by Nawrocki to move the November 1 work session to November 3 to include the
election canvas.
It was pointed out that the Planning and Zoning Commission would need to move their meeting
to that night because of the Tuesday election.
Motion withdrawn by Nawrocki.
Motion by Nawrocki, second by Diehm, to accept the 201 u City Council meeting calendar as
proposed. Upon vote: All ayes. Motion carried.
Muscovitz indicated the date change for the primary election is contingent upon State legislation
this spring, but is anticipated to change to August 10, 2010.
G. Designating an Official Newspaper for 2010
Nawrocki indicated that this newspaper continues to miss deliveries in our city. The 3900 black
of Quincy has not been receiving the paper. Fehst stated he would pass this information along.
Motion by Nawrocki, seccnd by Diehm, to designate Sun Focus News as the official City
newspaper for 2010 and to authorize the Mayor and City Manager to enter into an agreement
with Sun Focus News for required publications. Upon vote: All ayes. Motion carried.
I. Authorize extension of Fire and EMS service contract with City of Hilltop
Nawrocki indicated that a potion of the bonding cost (including interest) of the Public Safety
building (PBS) should be included in the contract. Fehst acknowledged the 13.8 percent tax
increase.
Motion by I~elzenberg, second by Diehm, to authorize the Mayor and City Manager to enter into
a three-year Fire and EMS service contract with the City of Hilltop starting January 1, 2010 and
extending through December 31, 2012.
Nawrocki stated that this varies from the police contract which factored in their share of the cost
of the PSB, including the debt service.
Donna Schmitt questioned the reference to a medical taxing district, page 44, potentially adding
a tax to cover emergency services. Diehm stated that we do not tax them; they just pay the
contract amount. Fehst stated there is not currently a medical taxing district in place. Jim Hoeft,
City Attorney, stated the only taxes Hilltop would pay would be if a taxing district were put in
place.
Upon vote: All ayes. Motion carried.
PUBLIC HEARINGS
A. Adopt Resolutions 2010-03.4506-08 Filimore Street N.E., 2010-04. 1026 40th Avenue N.E., and
2010-05, 4305 2nd Street N.E, being Resolutions of the City Council of the City of Columbia
Heights approving rental license revocation for failure to meet the requirements of the Property
Maintenance Codes. -Resolutions 2010-03, 2010-04 and 2010-OS removed as the properties
were brought into compliance.
City Council Minutes
Monday, January 11, 2010
Page 4 of 9
B. Adopt Resolution 2010-06, 3730 Tyler Street N.E. being a declaration of nuisance and approvi~
abatement of violations within the City of Columbia Heights.
Chief Gorman stated this was by complaint of outside storage and has been brought forth
previously for the same violation. Gorman passed around pictures of the property from early
November.
Motion by Nawrocki, second by Williams, to close the public hearing and to waive the reading
of Resolution Number 2010-006 there being ample copies available to the public. Upon vote: All
ayes. Motion carried.
Motion by Nawrocki, second by Williams, to adapt Resolution Number 2010-06 being a
resolution of the City Council of the City of Columbia Heights declaring the properties listed a
nuisance and approving the abatement of violations from the properties pursuant to City Code
section 8.206. Upon vote: All ayes. Motion carried.
C. 1st Reading of Ordinance 1575, beins a Zoning Amendment as it relates to LED suns for motor
fuel stations
City Planner Jeff Sargent stated this is in fallow up to a moratorium in Juiy 2009. This Ordinance
would change LED language for motor vehicle stations to show fuel prices only, without a
permit required. Any other sign usage would have to be on a monument sign and meet coverage
limitations.
Motion by Diehrn, second by Kelzenberg, to waive the reading of Ordinance No. 1575, being
ample copies available to the public. Upon vote: Ail ayes. Motion carried.
Motion by Diehm, second by Kelzenberg, to set the second reading of Ordinance No. 1575, for
Monday, January 25, 2010, at approximately 7:00 p.m. in the City Council Chambers. Upon
vote: Kelzenberg, aye; Williams, abstain; Diehm, aye; Nawrocki, aye; Peterson, aye. 4ayes - 1
abstention. Motion carried.
ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions -none
B. Bid Considerations -none
C. Other Business
Nawrocki reiterate his concerns that public business is best handled in the public. He expects
honest information. Some people have not been appreciative of his points made and some
Council members pass notes, which is not appropriate. He stated concern about city expenditures
and will ask more questions about the budget. It is not appropriate for the City Manager to
approve total expenditures, for any one vendor, in one year over his approval limit of $15,000.
He stated he will ask to see contracts before they go out for bids.
ADMilVISTRATIVE REPORTS
Report of the City Manager
Nawrocki questioned what "adult weeding" in the Library report meant. Fehst stated this would be
put in the green sheet, but probably meant reviewing the condition of current books.
Nawrocki indicated that it was not made clear at the last meeting what the additional tax costs are for
the general library fund, the EDA levy through Anoka County and the debt service costs. The
County EDA levy service has increase by about $40,000. Fehst stated that it is a percentage increase.
Nawrocki listed the cities in the county that they levy for. Fehst stated it is by a formula that was
City Council Minutes
Monday, January 11, ?010
Page 5 of 9
approved by the Council about three years ago. Nawrocki and Fehst discussed good citizens versus
bad citizens, all of which are tax payers.
Peterson indicated that requests for specific figures be brought to staff prior to the Council meeting.
Report of the City Attorney -nothing to report.
CITIZENS FORUM
Linda Silge, Quilting Guild, thanked the Council for allowing this program at Murzyn Hall. It is a
great success.
Fehst stated that representatives from Violia, our new waste hauler, were present. They are working
out transition details. Single Sort Recycling will be picked up every other week.
Diehm asked if the cans have to be on opposite sides of the driveway. Matt Frank, Violia, indicated
they could be next to each other.
Peterson stated that they have distributed close to 12,000 cans. This went pretty smoothly, considering
this is the worst ice situation we have had in many years. Peterson thanked and commended them.
Kevin Hanson, Public Works Director, stated that distributing this number of containers is a huge
undertaking. There have been questions and camplaints, which we or the vendor try to address as they
arise. Violia does answer calls and questions.
Diehm asked if we have a link to the calendar on our web site. Hansen stated it is on the Violia web
site and our web site. Diehm stated that the single resort recycling has been received favorably.
Nawrocki questioned if the container handle should be toward the street or the yard. Frank indicated
that is a driver preference; we prefer they push containers rather than pull them.
Nawrocki indicated that 4032 Van Buren is a garbage mess. Gorman stated this has become a
problem property and has been checked every week since December 7. We have had discussions with
the owner, but he has not been cooperative. Nawrocki stated that the dumpster at 43rd and Central was
hauled away today.
Nawrocki stated that the city newsletter should have an article about elections and possible date
changes of the Primary Election and information on the garbage contract.
Nawrocki asked if the pedestrian bridge bids would come to Council at the first meeting in February.
Hansen stated yes, assuming the bids are in, tabulated, and reviewed/approved by MnDOT. Nawrocki
questioned the payment to Walgreens. Hansen stated that we have paid them $5,000, which will be
repaid to us by the City of Hilltop. Nawrocki questioned the condemnation cost on the east side of
Central Avenue. Hansen stated that the City has paid $347,000 in State Aid funds for title to the land,
but the condemnation hearing date has not been set. Nawrocki indicated that MnDOT will continue to
own the bridge. Nawrocki requested to know what our local costs would be before the contract is
signed.
Donna Schmitt questioned where the $1,000,000 put into an investment account came from. Bill
Elrite, Finance Director, explained that the city receives their tax revenue and State Aid in July and
December. When this is received, the funds are invested. Schmitt asked if all gas stations were
notified of the LED sign hearing. Peterson stated that the City Planner would be asked to respond.
City Council Minutes
Monday, January 11, 2010
Page 6 of 9
Nawrocki asked where we stand on tax collection versus amount levied and amount collected last
year. Elrite stated that traditionally the amount collected is 95% to 97%. The final statistics have not
yet been compiled, but appear to be 96% to 97% percent. Nawrocki stated the newsletter should
include the Board of Review date.
ADJOURNMENT
Peterson commented on the ice fishing program put on by the Recreation Department with the
assistance of Rick Johnson. from SAGA. Peterson stated that Lorraine Mell, Pastoral Minister from
Immaculate Conception Church is retiring on January 12`x' from her invocation duties. He thanked
her and IC for allowing her to do this.
Peterson asked that we do not forget our service men and women in this scary time. Pray for them.
Peterson indicated his hope that this year Council members can find a common courtesy toward each
other; pay attention to our own attitudes and treat others with respect to make our community a
better place to live and work. He asked that Council members do a better job getting their questions
answered before the meetings.
Peterson stated "Don't take your self too seriously and do a random act of kindness."
Mayor Peterson adjourned the meeting at 8:30 p.m.
atricia Muscovitz C C
City Clerk
City Council Minutes
Monday, January 11, 2010
Page 7 of 9
RESOLUTION N0.2010-O1
ACCEPT CERTAIN DONATIONS RECEIVED BY THE CITY OF COLUMBIA HEIGHTS
DATE DONOR
7/15/2009 COLUMBIA HEIGHTS LIONS CLUB
7/15/2009 THOMPSON,CHARLES
7/15/2009 KIWANIS COL HTS-FRIDLEY
5/7/2009 THE KORDIAK COMPANY
5/7/2009 JEFFS:BOBBY & STEVE'S AUTOWORLD
5/7/2009 NORTI-LEAST BANK
5/7/2009 FINANCIAL ONE
5/19/2009 CREST VIEW
8/11/2009 COLUMBIA HEIGHTS LIONS CLUB
9/15/2009 T C B PRECISION MACHINING
1/2/2009 TOASTMASTERS
2/27/2009 COLUMBIA HEIGHTS LIONS CLUB
3/25/2009 KIELTY,MARY
5/12/2009 COLUMBIA HEIGHTS ATHLETIC BOOSTERS
1/29/2009 ROESSLER,STEVE
2/6/2009 NORTHEAST BANK
3/24/2009 SENIOR CENTER
9/9/2009 SHAMROCK CASINO TOURS
12/2312009 DAMEROW, LOREN
SUBTOTAL FUND 881 -RECREATION
AMOUNT PURPOSE
100.00 AFTER SCHOOL PROGRAM
50.00 AFTER SCHOOL PROGRAM
100.00 AFTER SCHOOL PROGRAM
25.00 FIREWORKS
100.00 FIREWORKS
100.00 FIREWORKS
250.00 FIREWORKS
50.00 FIREWORKS
1,000.00 FIREWORKS
300.00 FIREWORKS
1.00.00 MURZYN HALL
250.00 RECREATION
35.00 RECREATION
15,000.00 RECREATION
150.00 SENIOR PROGRAM
200.00 SENIOR PROGRAM
445.00 SENIOR PROGRAM
20.00 SENIOR PROGRAM
25.00 SENIOR PROGRAM
18,300.00
2/11/2009 DIEHM,TAMMERA
2/24/2009 PETERSON,GARY
3/20/2009 KELGENBERG,BRUCE
12/10/2009 FREEDOM OIL COMPANY-WILLIAMS
1/12/2009 ANONYMOUS
1/12/2009 ANONYMOUS
5/8/2009 SURBROOK,ELLEN
6/18!2009 WAL-MART FOUNDATION
5/23/2009 CENTERPOINT ENERGY
6/1.0/2009 FIREMAN'S FUND
2/9/2009 COMMUNITY UNITED METHODIST
2/24/2004 NAWROCKI,BRUCE
4/13/2009 FRIENDS OF COLUMBIA HEIGHTS LIBRARY
4/13/2009 LIBRARY BOARD MEMBERS
5/18/2009 FRIENDS OF COLUMBIA HEIGHTS LIBRARY
5/18/2009 CHARBONEAU, PHYLIS
5/18/2009 SISTER CITIES
7/6/2009 LIBRARY BOARD MEMBERS
9/16/2009 FRIENDS OF COLUMBIA HEIGHTS LIBRARY
9/28/2009 DOLLAR GENERAL
1 1/10/2009 BOBBY & STEVE'S AUTOWORLD
SUBTOTAL FUND 883 -OTHER
325.00 2009 MAYOR/COUNCIL BUDGET
530.00 2009 MAYOR/COUNCIL BUDGET
325.00 2009 MAYOR/COUNCIL BUDGET
325.00 200? MAYOR/COL'NCIL BUDGET
125.00 FIRE
125.00 FIRE
500.00 FIRE
1,000.00 FIRE
2,000.00 FIRE
7,990.00 FIRE:OXIMETERS
30.00 LIBRARY
388.40 LIBRARY
700.00 LIBRARY
25.00 LIBRARY
384.00 LIBRARY
27.56 LIBRARY
20.00 LIBRARY
30.00 LIBRARY
68.57 LIBRARY
1,500.00 LIBRARY
38,000.00 HUSET PLAYGROUND EQUIP
54,418.53
TOTAL 72,718.53
WHEREAS, the City Of Columbia Heights has received the following donations;
BE IT HEREBY RESOLVED by the City Council of the City Of Columbia Heights, that the City of Columbia Heights accepts
these donations, subject to the donor-prescribed terms listed.
RESOLUTION N0.2010-02
DESIGNATE OFFICIAL DEPOSITORIES FOR THE CITY OF COLUMBIA HEIGHTS
IT IS HEREBY RESOLVED, that Northeast Bank, Wells Fargo Bank of Minnesota, N.A., and. U.S. Bank are hereby designated
as depositories of the funds of this corporation.
1T IS FURTHER RESOLVED, that checks, drafts, or other withdrawal orders issued against the funds of this corporation on
deposit with said banks shall be signed by the following: Mayor, City Manager, Treasurer
City Council Minutes
Monday, January 11, 2010
Page 8 of 9
and, that said banks are hereby fully authorized to pay and charge to the account of this corporation any checks, drafts, or other
withdrawal orders.
BE IT FURTHER RESOLVED, that the Northeast Bank, Wells Fargo Bank of Minnesota, N.A., and U.S. Bank are designated
depositories of the corporation be and it is hereby requested, authorized and directed to honor checks, drafts or other orders for the
payment of money drawn in this corporation's name, including those drawn. to the individual order of any person or persons
whose name or names appear thereon as signer or signers thereof, when bearing or purporting to bear the facsimile signatures of
the following: Mayor, City Manager, Treasurer
and, that Northeast Bank, Wells Fargo Bank of Minnesota, N.A., and U.S. Bank shall be entitled to honor and to charge this
corporation for all such checks, drafts or other orders, regardless of by whom or by what means the facsimile signature or
signatures thereon may have been affixed thereto, if such facsimile signature or signatures resemble the facsimile specimens duly
certifted to or filed with the Banks by the Treasurer or other officer of his corporation.
BE IT FURTHER RESOLVED, that any and all resolutions heretofore adopted. by the City Council of the corporation and
certified to as governing the operation of this corporation's account(s) with it, be and are hereby continued in full force and effect,
except as the same may be supplemented or modified by the foregoing part of this resolution.
BE IT FURTHER RESOLVED, that all transactions, if any relating to deposits, withdrawals, re-discounts and borrowings by or
on behalf of this corporation with said banks prior to the adoption of this resolution be, and the same hereby are, in all things
ratified, approved and confirmed.
BE tT FURTHER RESOLVED, that any bank or savings and Loan located in the State of Minnesota may be used as depositories
for investments purposes so long as the investments comply with authorized investments as set forth in Minnesota Statutes.
BE IT FURTHER RESOLVED, that any brokerage firn located in the State of Minnesota may be used as a depository for
investment purposes so long as the investments comply with the authorized investments as set forth in Minnesota Statutes.
RESOLUTION 2010-006
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of
ordinance violations pursuant to Chapter $, Article II, of City Code, of the property owned by Anthony Griffith (Hereinafter
"Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 3730 Tyler Street N.E. Columbia Heights,
Minnesota.
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section $.206, written notice setting forth the causes and
reasons for the proposed council. action contained herein was sent via regular mail to the owner of record on December 17, 2009.
Now, therefore, in accordance with the foregoing, and all ordinances and. regulations of the City of Columbia Heights, the City
Council of the City of Columbia Heights makes the following:
FINDINGS OF FACT
That on November 17, 2009 an inspection was conducted on the property listed above. Inspectors found violations. A
compliance order was sent via regular mail to the owner at the address.
That on December 17, 2009 inspectors re-inspected the property listed above. Inspectors noted that violations remained
uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property
records.
That on December 29, 2009 inspectors re-inspected the property and found that violations remained uncorrected.
That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were
found to exist, to wit: Shall remove any and all outside storage
That all. parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of
this hearing according to the provisions of the City Code Section 8.206(A) and 8?06(B).
CONCLUSIONS OF COUNCIL
That the property located. at 3730 Tyler Street N.E. is in violation of the provisions of the Columbia Heights City Code
as set forth in the Notice of Abatement.
That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings
relevant to the abatement of violations on the property listed above.
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Monday, January 1 1, 2010
Page 9 of 9
3. That all. applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may
be, have expired, or such rights have been exercised and completed.
ORDER OF COUNCIL
1. The property located at 3730 Tyler Street N.E. constitutes a nuisance pursuant to City Code.
2. That a copy of this order shall be served upon all relevant parties and. parties in interest.