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HomeMy WebLinkAbout01/10/11 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING JANUARY 10, 2011 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, January 10, 2011 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Present: Mayor Peterson, Council member Williams, Council member Nawrocki, Council member Diehm, Council member Schmitt Senior Pastor Paul Widen, Oak Hill Baptist Church, gave the Invocation OATH OF OFFICE/PLEDGE OF ALLEGIANCE City Clerk/Council Secretary administered the Oath of Office to Council member Donna Schmitt, Council member Tami Diehm, and Mayor Gary Peterson Peterson asked new Council member Schmitt to say a few words. Donna Schmitt thanked everyone that supported her and voted for her and stated that she is present to serve the citizens. Nawrocki welcomed Schmitt and read from a statement on his expectations for the coming two years. He referred to the importance to remember the feelings of the residents and reflecting them in our actions. He indicated that he expects to be able to express his feelings. Diehm stated she looks forward to the next four years of working together for the residents of the community. Williams stated that the Council has done a lot for the city and he wants to continue to move the city forward to a better life. ADDITIONS/DELETIONS TO MEETING AGENDA Nawrocki asked to speak on the budget, review of the newsletter, and to remove consent agenda items C, D, E, H for discussion. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS - none CONSENT AGENDA City Manager Walt Fehst took Council members through the remaining items on the Consent Agenda. A. Approve minutes of the City Council meeting Motion to approve the minutes of the December 13, 2010 City Council meeting. B. Accept minutes of Boards and Commissions Motion to accept the minutes of the December 9, 2010 Telecommunications Commission meeting. Motion to accept the minutes of the January 4, 2011 Planning and Zoning Commission meeting. C. Approve appointment of members to the EDA and HRA — removed City Council Minutes Monday, January 10, 2011 Page 2 of 8 D. Approve appointment to the Traffic Commission - removed E. Designating an Official Newspaper for 2011 - removed F. Designate Official Depositories for the City of Columbia Heights Motion to waive the reading of Resolution 2011 -001, there being ample copies available to the public. Motion to adopt Resolution 2011 -001, being a resolution designating official depositories for the City of Columbia Heights. G. Accept Certain Donations Received by the City of Columbia Heights Motion to waive the reading of Resolution 2011 -002, there being ample copies available to the public. Motion to adopt Resolution 2011 -002, being a resolution to accept certain donations received by the City of Columbia Heights. H. 1st Reading Ordinance 1587, being an Ordinance authorizing to convey certain real estate - removed I. Approval of the attached list of rental housing licenses. Motion to approve the items listed for rental housing license applications for January 10, 2011 in that they have met the requirements of the Property Maintenance Code. J. Approve Business License Applications Motion to approve the items as listed on the business license agenda for January 10, 2011 as presented. K. Approve payment of the bills Motion to approve payment of the bills out of the proper funds, as listed in the attached check register covering Check Number 137345 through 137715 in the amount of $1,212,884.21. Motion by Diehm, second by Williams, to approve the Consent Agenda items, with the exception of items C, D, E, and H. Nawrocki noted the on the minutes that Muscovitz has stopped indicating she is the Council Secretary, which is required by the City Charter. Upon vote: All ayes. Motion carried. C. Approve appointment of members to the EDA and HRA Fehst read the names of persons appointed to the EDA and HRA. Schmitt asked if there is an opening on the HRA. Peterson stated yes and we will take applications. Diehm stated that the person needs to live at Parkview Villa. Motion by Williams, second by Nawrocki, to approve the Mayor's appointment of Gary Peterson, Tami Diehm, and Donna Schmitt to the vacant HRA positions. Upon vote: All ayes. Motion carried. City Council Minutes Monday, January 10, 2011 Page 3 of 8 Motion by Williams, second by Nawrocki, to approve the Mayor's appointment of Gary Peterson, Tami Diehm, and Donna Schmitt to the vacant EDA positions. Upon vote: All ayes. Motion carried. D. Approve appointment to the Traffic Commission Peterson indicated the background of Mr. Olson and indicated he would like to appoint him. Nawrocki questioned if we advertised this opening. Peterson stated this was advertised on our web site and Channel 16. Diehm stated there is currently an opening on the Planning and Zoning Commission. Motion by Williams, second by Nawrocki, to appoint Leonard Olson to the Traffic Commission for the vacant term to expire April 2012. Schmitt asked why it took so long to act on this. Muscovitz explained the process and priorities. Schmitt asked when Council would meet on the next appointment. Fehst stated that prior to a work session or council meeting the Council will meet with each candidate for fifteen minutes. Diehm indicated we should allow time for additional applicants. Nawrocki stated it should be advertised in the newsletter. Peterson stated there does not have to be a vacancy to submit an application. Upon vote: All ayes. Motion carried. E. Designating an Official Newspaper for 2011 Nawrocki stated that he receives comments that residents do not receive the Sun -Focus at their door. He asked the reporter present to relay that they are missing a lot of homes in Columbia Heights. Motion by Nawrocki, second by Williams, to designate Sun Focus News as the official City newspaper for 2011 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. H. 1st Reading Ordinance 1587, being an Ordinance authorizing to convey certain real estate Nawrocki questioned the reason for this ordinance. Scott Clark, Community Development Director, stated this is being operated through tax increment dollars and in 2009 the EDA began purchasing homes in the private market with the contingency that the city body would authorize the purchases within seven days, as a matter of convenience since the EDA only meets twice a month. The understanding was that the City Council would return the parcels to the EDA. The resolution passed at that time allowed the Council to be the agent of the property. The funds are almost extinguished and the city wishes to move the properties back to the EDA ledger. Once the EDA gets the sites back they will discuss selling the properties. Motion by Williams, second by Diehm, to waive the reading of Ordinance 1587, there being ample copies available to the public. Nawrocki stated that he feels it would make more sense to have the properties in the City's name. Upon vote: All ayes. Motion carried. City Council Minutes Monday, January 10, 2011 Page 4 of 8 Motion by Williams, second by Diehm, to establish the second reading of Ordinance 1587, to convey certain real estate, for Monday, January 24, 2011 at approximately 7:00 p.m. in the City Council Chambers. Upon vote: Schmitt, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes — 1 nay. Motion carried. PUBLIC HEARINGS — none ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1. 1st Reading of Ordinance 1588, being a Zoning Amendment as it Relates to Driveways. Jeff Sargent, City Planner, stated these ordinance amendments are part of the Planning Department's goal to make these zoning items easier for the public. The driveway ordinance is to change the setback of driveways to one foot from the lot line for a 60 foot wide lot for one to four person residents. In the future staff would like to see some control of future joint driveways and their maintenance. This ordinance would combine driveway items in the City Code. It does not "go after" existing driveways, but will relate to future driveways. He stated that we are looking at future discussions to require a permit for a driveway and listed items that would be reviewed in a permit. Diehm stated she was in favor of the set back reduction. There has been a shift in our ability to grant variances due to new case law, so this will reduce requests we would no longer be able to allow. A conditional use permit for shared driveways would be good. Even if the original owners have an agreement, there can be issues when one of the properties changes owners. Diehm requested staff to come back with a permit, not a fee and to be sure owners have their driveway in the appropriate place. Nawrocki stated he does not see the need for this ordinance and questioned if this means that homes without a garage cannot have a driveway. Sargent stated that a garage is required for any new construction. Any current situation would be allowed to remain. Nawrocki stated this was only approved by the Planning and Zoning Commission on a two to one vote. Jim Hoeft, City Attorney, stated that the vote was legitimate. Peterson stated that one Commission member wanted to table this until spring to view the situation; the others were comfortable with the recommendation. This is relaxing the City Code to allow a one foot rather than three foot driveway setback. Peterson stated that the Building Official should indicate if a driveway will drain properly and is placed correctly. But, in a clay environment the cement moves and cracks and he does not want anyone to indicate that the city is responsible for cracks or damage. Sargent stated that could be discussed in the permit process. Of 13 cities surveyed, eight require permits and five of these charge fees. We only want to recover the cost of our time. Schmitt agreed with the setback change, as smaller properties are hampered with the current requirements. Schmitt requested to table the first reading of the ordinance for further review. This covers the shoreline district and Ordinance 1550 requires a permit for that area, which would be a repetition. She stated that this is not a rush right now and she would like to receive more information. Diehm questioned Schmitt's concern on reconstruction of existing driveways. Schmitt stated the information referred to building permits for construction or reconstruction of driveways. Diehm stated that State Statute indicates that if it is non- confirming the owner has the right to rebuild it to the same non - conforming state and so they are protected by State Statute. City Council Minutes Monday, January 10, 2011 Page 5 of 8 Schmitt indicated she was referring to the permits. Diehm stated that is not part of this ordinance. Each ordinance requires two readings and a waiting period before it passes. Fehst questioned the difference in a shoreline district. Sargent stated there are different requirements in that area regarding coverage of impervious surfaces. Nawrocki questioned what neighborhoods this would affect and referred to lot size, unattached garages and alleys. Diehm reiterated that this ordinance is for the setback requirement of lots less than 60 feet. This is a benefit to property owners, allowing them flexibility. Peterson agreed this is a relaxation of the requirements. Other items will need to be discussed at a work session. Any questions may be directed to staff. Motion by Schmitt, second by Nawrocki, to table Ordinance No. 1588. Upon vote: Schmitt, aye; Williams, nay; Diehm, nay; Nawrocki, aye; Peterson, nay. 2 ayes — 3 nays. Motion failed. Motion by Diehm, second by Williams, to waive the reading of Ordinance No. 1588, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to set the second reading of Ordinance No. 1588, for Monday, January 24, 2011, at approximately 7:00 p.m. in the City Council Chambers. Upon vote: Schmitt, nay; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 3 ayes — 2 nays. Motion carried. 2. lst Reading of Ordinance 1589, being a Zoning Amendment as it Relates to Fences. Sargent stated this is essentially a re- codification as fences are addressed in Chapter 6 and Chapter 9 of the City Code. It would bring the items together in the Zoning code, Chapter 9.106. The only change would be a conditional use permit requirement for fences over six feet tall with a maximum height of seven feet. Nawrocki stated the old and new ordinance allow for barbed wire fences in industrial areas and questioned why we would allow this in an urban area. Sargent stated this would not address policy, but could be added to the second reading of the ordinance. Hoeft stated that this allows the typical Century fence with rows of barbed wire on the top. Diehm suggested that no barbed wire be allowed below a certain level. Sargent stated a barbed wire fence would require a conditional use permit. Peterson asked the City Planner to look at this and clarify it. Hoeft stated the answer is that this can only be allowed through a conditional use permit. Diehm stated that this ordinance is only combining language. If requested, the Planning and Zoning Commission can review barbed wire fences and hold public hearings. Motion by Diehm, second by Williams, to waive the reading of Ordinance No. 1589, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to set the second reading of Ordinance No. 1589, for Monday, January 24, 2011, at approximately 7:00 p.m. in the City Council Chambers. Schmitt referred to the wording that "no previous material may be used in a new fence ". Sargent stated that is so people do not put in a multi -type fence, as we want a uniform look. Diehm stated that years ago the Commission went through the code section by section. The preference is to do this by bringing questions to the Planning and Zoning Commission for review. City Council Minutes Monday, January 10, 2011 Page 6 of 8 Upon vote: Schmitt, nay; Williams, aye; Diehm, aye; Nawrocki, aye; Peterson, aye. 4 ayes — 1 nay. Motion carried. B. Bid Considerations - none C. New Business and Reports Appoint Council President and approve Council /Staff Liaison Assignments Motion by Williams, second by Schmitt, to appoint Council member Diehm as the 2011 Council President. Upon vote: All ayes. Motion carried. Peterson referred to the council liaison appointments. Nawrocki indicated that the Suburban Rate Authority was removed and that the National League of Cities representative should also be removed. Fehst stated that item would be removed. Peterson stated that this list can be changed during the year. Diehm stated her appreciation for Peterson and Nawrocki stepping in for her when she is unable to attend a meeting. Motion by Diehm, second by Williams, to approve the recommended 2011 Council /Staff Liaison assignments, with removal of the National League of Cities. Upon vote: All ayes. Motion carried. Nawrocki stated that there should be new and old business sections in the agenda. Nawrocki indicated that he attended the Valley View DARE graduation. ADMINISTRATIVE REPORTS Report of the City Manager — none Nawrocki indicated again that the City Council should be allowed to review the draft newsletter before publication. He stated that he wants more information in the newsletter regarding the budget and items such as the utility fund. He stated that he was bringing financial questions to the Finance Director but may now bring them to the Council meetings for a matter of record, as the Finance Director chooses to answer only the questions he wants to answer. Financial affairs of the city are the responsibility of the Council. He requested that the City Manager set up a system for him to get his questions answered. Fehst stated that sometimes Council member Nawrocki asks for information that we have already given him several times. Fehst suggested that the City Clerk keep copies of all such correspondence. That relationship should continue. Peterson stated that Council members are supposed to work through the City Manager and we will adhere to that if we have to. We relax that requirement with our good relationships with department heads. There was a breakdown of communication because a Council member's behavior. Nawrocki indicated that like residents that come to him and vent their feelings, he should be able to also. He stated that his efforts are to get information and he will not relent to get information. Peterson stated that if a Council member is in error, they need to apologize and move one. Report of the City Attorney — nothing to report. CITIZENS FORUM Dwayne Morrell, 4212 Reservoir Boulevard, suggested the city review obtaining an assistant for the City Clerk. He referred to a survey taken at the Public Service Building and suggested this type of thing would reach more residents by placing it in the city newsletter. Morrell stated that in his review of the city budget it looks like the city is top heavy. In reference to the liquor store budget, he suggested a reduction in the number of managers or the elimination of municipal liquor stores. Nawrocki gave the history of municipal liquor operations and the public's overwhelming vote to stay City Council Minutes Monday, January 10, 2011 Page 7 of 8 in the business. He referred to the debt to build the new stores. There is only one overall manager, but it may not hurt to review this. He referred to liquor legislation to sell wine and beer in grocery stores. Nawrocki indicated that coffee donations for Council meetings should be taken again. Peterson spoke of the water line break under City Hall this week. The break was in a line built in 1942 and the break was under the building built in 1972. A new line was put in about 30 feet from the old line, On January 24 the new electronic equipment will be ready in the Council Chambers, including flat screen TV's and state of the art technology. Mayor Peterson stated: Remember our service men and women who protect our freedoms and the tragedy in Arizona and send our prayers to the victims. Don't take yourself too seriously. Life can be fleeting. Do a random act of kindness. ADJOURNMENT Mayor Peterson adjourned the meeting at 8:24 p.m. \ \,7 8 \, ("--// C atricia Muscovitz C C ity Clerk/Council Secretary RESOLUTION NO. 2011-001 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. IT 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- Finance Director 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 Northeast Bank, Wells Fargo Bank of Minnesota, N.A., and U.S. Bank are 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- Finance Director 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 certified to or filed with the Banks by the Treasurer or other officer of his corporation. BE IT FURTHER RESOLVED, with respect to limited - purpose imprest bank accounts at Northeast Bank, the applicable signatories in the foregoing part of this resolution, for both original and facsimile signatures, shall be any two of the three persons listed above. 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 IT 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. City Council Minutes Monday, January 10, 2011 Page 8 of 8 BE IT FURTHER RESOLVED, that any brokerage firm with offices 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 NO. 2011-002 ACCEPT CERTAIN DONATIONS RECEIVED BY THE CITY OF COLUMBIA HEIGHTS 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: DATE DONOR DOC REF AMOUNT PURPOSE 20910 COLUMBIA HEIGHTS ATHLETIC BOOSTERS 133850 10,000.00 RECREATION 30910 COLUMBIA HEIGHTS ATHLETIC BOOSTERS 134067 4,000.00 RECREATION 61510 COLUMBIA HEIGHTS ATHLETIC BOOSTERS 135082 20,000.00 RECREATION 61510 NEMER,FIEGER & ASSOC INC 135083 500.00 RECREATION 62310 COLUMBIA HEIGHTS LIONS CLUB 135151 50.00 RECREATION 62310 SHOREWOOD INN INC 135152 50.00 RECREATION 81910 WALMART 135678 600.00 RECREATION 22410 SHAMROCK CASINO TOURS 133954 20.00 SENIOR PROGRAM 30410 ZALLAR,BARBARA 134043 12.00 SENIOR PROGRAM 41910 MATTHEWS.RUTH 134457 20.00 SENIOR PROGRAM 80210 VARIOUS 135513 360.00 SENIOR PROGRAM 80210 AAMOTH,IONE 135514 10.00 SENIOR PROGRAM 80210 GRAY,BETTE 135515 100.00 SENIOR PROGRAM 80210 ZOOK.MAJORIE 135516 25.00 SENIOR PROGRAM 80210 BURT,ARDELLE 135517 10.00 SENIOR PROGRAM 80210 THUL,CATFIERINE 135518 25.00 SENIOR PROGRAM 80210 DAMEROW,ARNO 135519 100.00 SENIOR PROGRAM 80210 BOYLES,ELAINE 135520 25.00 SENIOR PROGRAM 80210 GROTE,JEANETTE 135521 50.00 SENIOR PROGRAM 80210 BADER,SHIRLEY 135522 25.00 SENIOR PROGRAM 80210 DAVITT,BRENDA 135523 30.00 SENIOR PROGRAM 80210 DAVIN,JUDY 135524 100.00 SENIOR PROGRAM 80210 MCCAULEY,PEGGY 135525 25.00 SENIOR PROGRAM 80210 EDLUND,LUCILLE 135526 20.00 SENIOR PROGRAM 80210 VACHUSKA,MAUREEN 135527 20.00 SENIOR PROGRAM 80210 VLIEGER,DELORIS 135528 10.00 SENIOR PROGRAM 80210 ANDERSON,ELAINE 135529 15.00 SENIOR PROGRAM 80210 JOHNSON MOTORS 135530 15.00 SENIOR PROGRAM 91510 NICHOLSON,JUNE 135945 25.00 SENIOR PROGRAM 100410 SHAMROCK CASINO TOURS 136121 20.00 SENIOR PROGRAM 61510 NORTHEAST BANK 135079 100.00 FIREWORKS 61510 NEMER,FIEGER & ASSOC INC 135080 500.00 FIREWORKS 61510 CREST VIEW MANAGEMENT SERVICES 135081 50.00 FIREWORKS 61510 THE KORDIAK COMPANY 135084 25.00 FIREWORKS 81910 COLUMBIA HEIGHTS LIONS CLUB 135688 750.00 FIREWORKS Subtotal Fund 881 Contributed Projects - Recreation 37,687.00 10610 ANONYMOUS 133561 100.00 STREETS 41210 FRIENDS OF COLUMBIA HEIGHTS LIBRARY 134385 400.00 LIBRARY 41510 GATES FOUNDATION (VIA STATE OF MN) 134432 5,850.00 LIBRARY 62810 ALERUS FINANCIAL 135183 100.00 POLICE 70210 WALMART 135245 800.00 POLICE 100710 FINANCIAL ONE 136237 750.00 POLICE 113010 ALERUS FINANCIAL 137251 100.00 FIRE 122810 ALERUS FINANCIAL 137502 100.00 FIRE Subtotal Fund 881 Contributed Projects - Other 8,200.00 GRAND TOTAL 45,887.00