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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. City Council Minutes 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.