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HomeMy WebLinkAboutMarch 23, 2009 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MARCH 23, 2009 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, March 23, 2009 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Pastoral Minister Lorraine Mell, Immaculate Conception Church, gave the Invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember, Nawrocki, Councilmember Kelzenberg Absent: Councilmember Diehm PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA Nawrocki stated his ability to bring up items being considered and what actions the Council has discussed. It is important to get items on the record, such as liquor store profitability. Williams stated that we are not withholding information. Each councilmember can bring up any item. It is a matter of timing. Nawrocki stated that work sessions are not on cable. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A.Recognition - Samantha Bloodsaw and Markus Goff, first place winners in the Regional Jr. NBA/Jr. WNBA competition th Liz Bray, Recreation Coordinator, stated that on March 9, seven Columbia Heights 9 to 14 year olds competed in the NBA/Jr. WNBA challenge regional competition. We had two first place winners, Markus and Samantha. Markus was present. Councilmembers asked Markus questions about basketball. Bray stated that Markus’s father, Aaron Goff, gives many volunteer hours to our community. Peterson stated his excitement about the new gym for our students. Peterson listed the Heights Idol competition dates and the third annual Young Artists competition. There are still openings in the spring break youth trips. Peterson indicated that the Recreation Department does a wonderful job on these programs. B.Proclamation - St. Timothy's Lutheran Church 50th Anniversary th Mayor Peterson read the St. Timothy’s Lutheran Church 50 Anniversary proclamation for thth Saturday and Sunday, April 4 and 5. Rita Daniels and MaryAnn Kennedy accepted the proclamation and thanked the City Council for the recognition. Peterson referred to the Columbia Heights basketball team win on Friday night. They will be invited to attend the next Council meeting. Jeff Bahe presented, on behalf of Jeff’s Bobby and Steve’s Auto World, a check for $1,000 to help build the police and firefighter statue. He stated his pleasure to have Chief Nadeau in our community. Peterson indicated this will be a gold sponsor. We are now at 20 percent of our goal and there will be other fundraisers. The polka dance portion of the fundraiser was by recommendation of our Police Chief. City Council Minutes Monday, March 23, 2009 Page 2 of 6 CONSENT AGENDA Nawrocki requested to remove A, B, D, and G for discussion. City Manager Walt Fehst took Councilmember through the Consent Agenda items: A.Approve minutes of the March 9, 2009 City Council meeting – removed B.Appointments to Boards and Commissions – removed C.Approve Transfer of Funds from General Fund to Police Department Budget to Reimburse Overtime Fund re: Off-Duty Employment Assignments Motion to transfer the $1,075.60 received from Unique Thrift and the $2,940.95 received from CHHS for a total of $4,016.55 from the General Fund to the Police Department 2009 Budget line item 1020, Police Overtime. D.Authorize Public Safety Facility Gun Range contract with Range Systems, Inc. – Removed E.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 items listed for rental housing license applications for March 23, 2009. F.Approve Business License Applications Motion to approve the items as listed on the business license agenda for March 23, 2009 as presented. G.Approve payment of the bills - Removed Motion by Williams, second by Kelzenberg, to approve the Consent Agenda items with the Motion carried. exception of items A, B, D, G. Upon vote: All ayes. A. Approve minutes of the March 9, 2009 City Council meeting Nawrocki corrected his vote regarding the pedestrian bridge on page six to “nay”. Motion by Williams, second by Kelzenberg, to approve the minutes of the March 9, 2009 City Motion Council meeting. Upon vote: All ayes. carried. B. Appointments to Boards and Commissions Nawrocki asked if there were other applicants for these positions. City Clerk Muscovitz indicated there were applications for two commissions that do not have current vacancies. Nawrocki indicated that he would have liked to have seen more information in the City newsletter. Motion by Nawrocki, second by Williams, to reappoint Catherine Vesley to a three year term on the Library Board, Michael Peterson to a four year term on the Planning and Zoning Commission, Robert Peltier and Rueben Ruen to two year terms on the Telecommunications Commission, Kevin Doty to a four year term on the Traffic Commission, and Harold Netkow to Motion a three year term on the Police and Fire Civil Service Commission. Upon vote: All ayes. carried. City Council Minutes Monday, March 23, 2009 Page 3 of 6 D. Authorize Public Safety Facility Gun Range contract with Range Systems, Inc. Nawrocki question if this was previously approved to go out for bids. Fehst stated yes. Nawrocki referred to the cost increase of the Architect’s contract. Fehst stated the additional $30,000 was for the building size increase. Motion by Kelzenberg, second by Williams, to authorize the Mayor and City Manager to enter into a contract with Range Systems, Inc. to design, supply, and install the gun range equipment at Motion the Public Safety Facility at a cost of $129,979.00. Upon vote: All ayes. carried. G. Approve payment of the bills Nawrocki again referred to the additional $30,000 paid to Buetow for architectural work. Fehst stated this addition was for the building size increase from 39,000 to 41,000 square feet. They had requested a higher dollar amount, but this is the final amount agreed upon. Nawrocki referred to the cost increase for putting together the City newsletter. He referred to the annual police report production cost of $65 and indicated we should consider using that service. Motion by Kelzenberg, second by Williams, to approve the payment of the bills out of the proper fund as listed in the attached register covering Check Number 129456 through Check Motion Number 129727 in the amount of $1,991,369.15. Upon vote: All ayes. carried. PUBLIC HEARINGS A.Adopt Resolutions 2009-43, 1214-16 Cheery Lane N.E. and 2009-45, 4145-47 5th 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. Chief Gary Gorman stated that neither property has submitted renewal applications. Nawrocki stated that from the initial properties listed 4420 Jefferson is a foreclosed property and th the 7 Street property is a mess. He asked if foreclosed properties have to be inspected by the Building Official. Gorman stated that any change of ownership has to go through the Building Official. Motion by Kelzenberg, second by Williams, to close the public hearing and to waive the reading of Resolution Numbers 2009-43, and 2009-45 there being ample copies available to the public. Motion Upon vote: All ayes. carried. Motion by Kelzenberg, second by Williams, to adopt Resolution Numbers 2009-43 and 2009-45 being Resolutions of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental licenses listed. Motion Upon vote: All ayes. carried. ITEMS FOR CONSIDERATION A.Other Ordinances and Resolutions 2nd Reading of Ordinance 1561, being a Zoning Amendment as it relates to signs in the Design Overlay District. Motion by Williams, second by Kelzenberg, to waive the reading of Ordinance No. 1561, being Motion ample copies available to the public. Upon vote: All ayes. carried. Motion by Williams, second by Kelzenberg, to adopt Ordinance No. 1561, being an ordinance amending Ordinance No. 1490 City Code of 2005, relating to signage in the Design Overlay District within the City of Columbia Heights. City Council Minutes Monday, March 23, 2009 Page 4 of 6 Nawrocki stated that he indicated at the last meeting there were three signs in the city in violation of the ordinance, with moving information. The Northeast Bank and the Credit Union are now in compliance. Auto World still has a moving sign. Fehst stated that we are looking into an LED sign for one of our liquor stores. Moving signs would be in violation of our current ordinance. Motion Upon vote: Nawrocki, aye; Williams, aye; Kelzenberg, aye; Peterson, aye. 4 ayes. carried. B.Bid Considerations - none C.Other Business - none ADMINISTRATIVE REPORTS Report of the City Attorney – nothing to report Report of the City Manager Fehst stated the high school is re-invigorated by the current basketball team and their coach. Nawrocki commended the Police Department on the good job they are doing with graffiti control, but they missed the graffiti on the old Root building. He stated that he is still looking for information on the Liquor Store profits. Fehst stated that sales are over $300,000. CITIZENS FORUM Donna Schmitt, 4260 Tyler Street, stated that Oak Hill Baptist Church would like to put up a new larger two-sided sign because of the size of their facility and the potential for blocked signage by the new trees planted by the State. She requested the city review the current sign ordinance. Fehst asked that a representative of the church come in to speak to the City Planner regarding a variance. Schmitt stated that tomorrow is the Empty Bowls event and her birthday. COUNCIL CORNER Kelzenberg  Read an item from the Police section of the green sheet. Good job Officer Piehn!  Watch out for motorcycles and scooters. Williams  Referred to the nice job on the printed police report. This is the first one he has seen. Fehst stated it is done yearly but this shows how noticeable things are when done nicely. The officers and firefighters did an excellent job promoting the fundraiser.  Read the Liquor Store profit information from the green sheet. Nawrocki  The green sheet did not indicate the $300,000 profit of the liquor stores.  Referred again to coupons collected by the VFW, which are sent to our troops over seas.  Property tax statements – his tax went up 19.6 percent. In Fridley it would have been $400 less. Remember this does not mean a decrease if levies are increased. If you have questions, the City Board of Appeal and Equalization will be held on Monday, April 6 at 6:00 p.m. Requested total valuations for both residential and commercial property tax base in the community for the existing year and the coming year, and information on increases in past City Council Minutes Monday, March 23, 2009 Page 5 of 6 due taxes. Fehst stated residents should look at the blue sheet from the County for what their property value will be next year.  City attorney ought to contribute to employee salary turn back. He is listed on cable T.V. under city staff. Police Chief Scott Nadeau thanked the elected officials, residents, family, and friends for attending the fundraiser. The Mayor put in a lot of work, and we are at 20 percent of our goal. The great dinner was donated by Tasty Pizza. It was a great opportunity to interact with our public service officers. Peterson  Thanked residents and donors for contributing to the statue fundraiser. A lot of local businesses were contacted by mail. They donated silent auction items and bought tickets. He also visited businesses in Northeast that donated. He thanked his family and friends for helping in the kitchen. Everyone had a wonderful time. There will be a pancake breakfast fundraiser at the Applebee’s on Central Avenue in April. The sale of coins and bricks will be ongoing. th  Empty Bowls fundraiser for SACA will be held on April 24 at Murzyn Hall.  Told of speaking to a Marshall MN serviceman. Peterson’s granddaughter just came back from doing a USO tour. Keep our service men and women in your prayers.  Don’t take yourself too seriously and do a random act of kindness. ADJOURNMENT Mayor Peterson adjourned the meeting at 8:03 p.m. ________________________ Patricia Muscovitz CMC City Clerk RESOLUTION 2009-43 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Shemica Riley (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1214-16 Cheery Lane N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on March 9, 2009of an public hearing to be held on March 23, 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 1. That on or about January 15, 2009, inspection office staff sent a letter requesting the owner of the property to renew the rental license for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That onMarch 9, 2009 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City’s Residential Maintenance Code were found to exist, to-wit: Failure to submit renewal rental license application and fees 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). City Council Minutes Monday, March 23, 2009 Page 6 of 6 ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F8863 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. RESOLUTION 2009-45 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Terry Martin (Hereinafter "License Holder"). th Whereas, license holder is the legal owner of the real property located at 4145-47 5Street N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on March 9, 2009of an public hearing to be held on March 23, 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 1. That on or about January 15, 2009, inspection office staff sent a letter requesting the owner of the property to renew the rental license for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That onMarch 9, 2009 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City’s Residential Maintenance Code were found to exist, to-wit: Failure to submit renewal rental license application and fees 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F8782 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. ORDINANCE NO. 1561 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO SIGNAGE IN THE DESIGN OVERLAY DISTRICT WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.113 (D)(4)(a) of the Columbia Heights City Code, is thereby amended to read as follows: § 9.113 OVERLAY DISTRICTS. (D) Design Overlay District. (4) Applicability of design guidelines. (a) Design guidelines shall apply to all nonresidential, mixed use and/or multi-family buildings, and to the following activities: 1. New construction; 2. Any exterior changes, including repainting, with the exception of replacement or repair of existing materials; 3. Any internal remodeling or expansion activity that increases the overall size of the building by 10% or more; 4. Any development or expansion of parking areas that would result in a lot with more than four parking spaces; 5. Minor alterations such as repainting, and the installation of new signage on existing buildings may be handled administratively, as determined by the City Planner. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage.