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HomeMy WebLinkAbout04/26/2010 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING APRIL 26, 2010 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, April 26, 2010in 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 Diehm, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA Peterson removed Resolutions 2010-38 and 2010-39 in that the properties have been brought into compliance. Motion by Nawrocki to add back “Council Corner” to the agenda, to discuss City business. Diehm stated that she was not opposed, but with the understanding that items would be limited to five minutes. Fehst stated it was expressed that it sometimes Council Corner went too long. Nawrocki stated this was removed by the Mayor or Manager and not by the City Council. This is contrary to the open meeting law to do business in front of the public. The intent is not for action to be taken, but for items to be a matter of record. Diehm stated that we are not bound to do this, but it can be allowed for social items. Diehm questioned if Council Corner would be for tidbits of information or items of concern. Fehst indicated distaste in continually bringing up the same items. Peterson stated that it was never meant to be a discussion period. New business was added because Council Corner was removed, where action can not be taken, but items brought forward. Council members can bring items to the City Clerk to have them added to the agenda. A draft agenda is distributed on Wednesday and items can be added before Friday. Peterson stated that all meetings are open to the public. Nawrocki referred to Robert’s Rules of Order where new and old business are standard items. Nawrocki stated that the Manager has not placed some of his requests on the agenda. If action has not been completed, it is fair to bring it up so it is not forgotten. Peterson stated concern that staff not be degraded for information that is still being processed. Motion died for lack of a second. Peterson called for a second to the motion. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A.Recognition of years of service by four Library Pages Peterson read the proclamation recognizing four Library Pages that have worked at the Library for nine years each. He presented each Page with a Proclamation. Becky Loader, Library Director, introduced Library Pages Alicia Cermak, Regina Jesse, Dan Kleinfehn, and Nicholas Olberding. These pages have worked for the city for a combination 36 years. Two of these Pages have been patrons since they were young children. Loader indicated their backgrounds, assignments given, and the programs they have been involved in. Loader spoke of their pride in assisting at our library and how seriously they take their service. On behalf of the Library Board and staff, Loader indicated their pride in these Pages. On the behalf of the City Council, Peterson concurred. City Council Minutes Monday, April 26, 2010 Page 2 of 9 B.Introduction of new employees Becky Loader, Library Director, introduced Renee Dougherty, the new Adult Services Librarian. Loader gave the background of Ms. Dougherty, indicating that she had previously worked for our Library. She came to us from the Benson Public Library. Dougherty indicated her pleasure to be the new Adult Services Librarian. Peterson welcomed her back to the community. Bill Elrite, Finance Director, introduced Stacey House, the new Secretary II – Finance. Ms. House comes with a significant clerical and accounting background. Ms. House indicated her pleasure to work for and assist this community. C.Proclamation - Community Prayer Breakfast Peterson read the Proclamation for the Community Prayer Breakfast to be held on Wednesday, May 5, 2010 at Murzyn Hall. D.Proclamation - Arbor day Peterson read the Proclamation for Arbor Day E.Proclamation - Building Safety Month Peterson read the Proclamation for Building Safety Month F. Proclamation – Silver Star Families Day Peterson read the Proclamation for Silver Star Families of our service men and women and requested that appreciation be shown to our service men and women. Peterson invited everyone st to our Memorial Day service, located at the City Hall flag pole, on May 31. CONSENT AGENDA Nawrocki requested to remove items B, C, and D for discussion. City Manager Walt Fehst took Council members through the remaining Consent Agenda items. A.Approve minutes of the April 12, 2010 City Council meeting Diehm asked Councilmember Williams if he was comfortable with the way the Grand Central Loft apartment vote was recorded in the minutes. Williams indicated in the affirmative. Motion to approve the minutes of the April 12, 2010 City Council meeting. B.Demolition Bids for 3853 3rd Street, 4110 6th Street and 4303 Reservoir Boulevard. - removed C.Authorize an impressed checking account to track ATM activity - removed D.Approve transfer of funds received for EMS coverage at MYAS basketball tournaments from the General Fund to the Fire Department 2010 budget. - removed E.Approval of the attached list of rental housing applications. Motion to approve the items listed for rental housing license applications for April 26, 2010 in that they have met the requirements of the Property Maintenance Code. F.Approve Business License Applications Motion to approve the items as listed on the business license agenda for April 26, 2010 as presented. City Council Minutes Monday, April 26, 2010 Page 3 of 9 G.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 134377 through 134539 in the amount of $831,274.06. Diehm stated that one of the business licensees is under investigation by the Attorney General’s office. She reminded residents that just because someone has a license to operate within the City of Columbia Heights, we do not make any representation of quality of service. She encouraged residents that before they hire any contractor, even if they are licensed by the City of Columbia Heights, to do research before hiring them. Motion by Nawrocki second by Williams to approve the Consent Agenda with the exception of Motion carried. items B, C, and D. Upon vote: All ayes. B.Demolition Bids for 3853 3rd Street, 4110 6th Street and 4303 Reservoir Boulevard. Nawrocki indicated he was pleased to see the tabulation of costs in the staff information. He questioned the administrative expenses and the limit of $55,000 for the three properties. Fehst stated that limit was for the purchase price. Peterson stated that these purchases were approved by Council. Nawrocki asked where the costs were in the financial statement book. Fehst stated that he did not know the fund number, but it is from an approved account. Fehst stated that these numbers can be included in the future. Motion by Kelzenberg, second by Williams, to approve the demolition contract for Demo Dig and Haul, Inc. in the amount of $22,838 for properties located at 3853 3rd Street, 4110 6th Street Motion carried and 4303 Reservoir Boulevard. Upon vote: All ayes. . C.Authorize an impressed checking account to track ATM activity. Nawrocki questioned the cost of machine maintenance. Elrite stated the machines are warranted for one year, and are estimated to last five years. The City will received $2 for each transaction made. Staff has reviewed maintenance alternatives. The other option was to give them 50 percent of the fees and they would cover maintenance. That would be enough to purchase a new machine. The company does provide the ribbons and paper products for the machine. Nawrocki indicated this action sets up a separate bank account for these machines. Nawrocki questioned the number of signatures required by the City Charter. Elrite stated that State Statute requires two signatures. Our yearly designation of depositories requires two signatures. This method allows a different level of security. Jim Hoeft, City Attorney, stated he was not aware of that provision in the Charter. Motion by Williams, second by Diehm, to waive the reading of Resolution 2010-31, being a resolution authorizing an imprest checking account for ATM (Automated Teller Machine) Motion carried. activity. Upon vote: All ayes. Motion by Williams, second by Diehm, to adopt Resolution 2010-31, being a Resolution authorizing an imprest checking account to track ATM (Automated Teller Machine) activity. Motion carried. Upon vote: All ayes. D.Approve transfer of funds received for EMS coverage at MYAS basketball tournaments from the General Fund to the Fire Department 2010 budget. Fire Chief Gary Gorman explained the Fire Department’s EMT involvement at basketball City Council Minutes Monday, April 26, 2010 Page 4 of 9 tournaments. This service was provided at no cost for years. We were not able to provide the service last year, due to budget constraints. This year they asked us to provide the service, as they had funding available. Motion by Kelzenberg, second by Williams, to transfer $1458.01, the amount received for EMS coverage at the Minnesota Youth Athletic Services basketball tournaments, from the General Motion carried. Fund to the Fire Department 2010 budget. Upon vote: All ayes. Peterson asked if we have a defibrillator at our gym. Gorman indicated that the gym does have a defibrillator in service. PUBLIC HEARINGS A.Adopt Resolution 2010-32, 3930 University Avenue N.E. being a declaration of nuisance and abatement of violations within the City of Columbia Heights. Fire Chief Gary Gorman indicated this abatement is for the Root property that was recently damaged by fire. This is to recoup some costs for addition work done to secure this property. Nawrocki stated concern that this attracts children and should be abated as soon as possible. Gorman indicated the large group of people required to gather together to discuss a resolution for this property. Motion by Williams, second by Diehm, to close the public hearing and to waive the reading of Resolution Number 2010-32 there being ample copies available to the public. Upon vote: All Motion carried. ayes. Motion by Williams, Diehm, to adopt Resolution Number 2010-32 being a resolution of the City Council of the City of Columbia Heights declaring the property listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: Motion carried. All ayes. B.Adopt Resolutions 2010-27, 4241-43 2nd Street N.E. and 2010-30, 607-09 38th Avenue N.E. being Resolutions approving rental license revocation for failure to meet the requirements of the Property Maintenance Codes. nd Gorman indicated the revocation for the 2 Street property is for electrical issues. The owner was looking for financing to upgrade the building and received an extension. The extension date is past and the repairs have not been made. th Gorman stated that the license revocation for 38 Avenue is for failure to submit an application and non-payment of fees. Motion by Kelzenberg, second by Williams, to close the public hearing and to waive the reading of Resolution Numbers 2010-27 and 2010-30 there being ample copies available to the public. Motion carried. Upon vote: All ayes. Motion by Kelzenberg, second by Williams, to adopt Resolution Numbers 2010-27 and 2010-30 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 carried. Upon vote: All ayes. City Council Minutes Monday, April 26, 2010 Page 5 of 9 C.Second reading of Ordinance 1580, being an Ordinance relating to the date change of the State Primary Election. Motion by Diehm, second by Williams, to waive the reading of Ordinance No. 1580, there being Motion carried. ample copies available to the public. Upon vote: All ayes. Motion by Diehm, second by Kelzenberg, to adopt Ordinance 1580, being an Ordinance amending Ordinance No. 1490 City Code of 2005 relating to the date change of the State Primary Election. Nawrocki indicated that the Mayor and two Council member seats will be on the ballot. Election thst filings will be open from May 18 to June 1. Motion carried. Upon vote: All ayes. ITEMS FOR CONSIDERATION A.Other Ordinances and Resolutions - none B.Bid Considerations - none C.New Business and Reports Nawrocki stated that Section 68 of City Charter requires the payment of bills be made with signatures of the Mayor and City Manager. Nawrocki indicated what he perceived to be traffic problems caused by removal of the pedestrian thth bridge, included the blocking of the sidewalk between 47 and 49 Avenues, forcing pedestrians to go through the parking lot. Diehm complimented the School District on notifying the public via an automated message from the school. The Principals and Assistant Principals, along with plenty of crossing guards, have been available on a daily basis. rd Nawrocki indicated there is a blockage of view by the monument sign at 43 and Central Avenue. Fehst stated that initially they did not receive a permit and placed the sign in an incorrect spot. The owner moved the sign to a location that is in compliance with code. Nawrocki referred to the Recycle booklet released by the County, indicating it does not address the new requirement of decomposable trash bags. Fehst stated that it was presumed this would have been highlighted by the County. Nawrocki suggested Channel 16 cable also mention the bag requirement. Nawrocki expressed his personal unhappiness at the cancellation of the quarterly HRA meeting. There are resident council issues that should have been allowed for discussion. Diehm stated that as Chair of the HRA, the decision was made to cancel the meeting as there were no action items. A meeting regarding the resident council will be held in May. Residents she spoke to requested to meet prior to and resolve issues before an HRA meeting. Public notice will be provided on the date. Nawrocki again brought up notification to the owner that has ignored issues at Dave’s Heating th on 37 and Johnson. This is an eyesore for the adjoining neighbors. ADMINISTRATIVE REPORTS Report of the City Manager rd Fehst announced that the Board of Appeal and Equalization will be held on May 3. He described City Council Minutes Monday, April 26, 2010 Page 6 of 9 the valuation of the home versus the assessed market value and the estimated two year lag. Fehst indicated that the work session will discuss a trolley car system at the request of the City of Minneapolis. Nawrocki referred to a newspaper article indicating some counties are having problems with their computer system for tax statements. He asked if Anoka County uses this system. Report of the City Attorney – nothing to report CITIZENS FORUM Dwayne Morrell, 4212 Reservoir Boulevard, suggested the recycling center expand to accept electronics and propane tanks. He stated concerne with purchasing the Mady property because the property requires soil removal. He referred to near misses in the airways over Columbia Heights, specifically one last Wednesday. Fehst suggested he contact the FAA. Morrell stated he has, but asked for the power or persuasion from the City to look into this. Fehst stated that the FAA would take action on these issues. Nawrocki referred to the Metropolitan Airport Commission. Diehm stated our representative on the Commission is either John Williams or Sherry Stenerson. Mayor Peterson indicated with sorrow the passing of Telecommunications Commission member, Ruben Ruehn. Peterson stated “Don’t forget our service men and women; keep them in our thoughts and prayers. Don’t’ take ourselves too seriously and do a random act of kindness. ADJOURNMENT Mayor Peterson adjourned the meeting at 8:35. __________________________________ Patricia Muscovitz CMC City Clerk RESOLUTION 2010-31 BEING A RESOLUTION AUTHORIZING AN IMPREST CHECKING ACCOUNT FOR ATM (AUTOMATED TELLER MACHINE) ACTIVITY WHEREAS , installing ATM machines in the liquor stores would enhance customer service, and WHEREAS , the ATM’s would provide additional revenue and enhance liquor store profits, and WHEREAS , the most cost effective method to track ATM transactions is through a separate imprest checking account NOW, THEREFORE, BE IT RESOLVED , that an imprest account shall be established at one of the City’s designated depositories for the purpose of facilitating ATM activity BE IT FURTHER RESOLVED , that checks, drafts, or other withdrawal orders issued against funds on deposit with said bank shall be signed by two of the following: Mayor City Manager Finance Director and that said bank is hereby authorized to pay and charge to the account of this corporation any checks, drafts, or other withdrawal orders. BE IT FURTHER RESOLVED , that the depository is hereby requested, authorized and directed to honor checks, drafts, and other withdrawal orders when bearing or purporting to bear the facsimile signatures of two of the following: Mayor City Manager Finance Director and that the depository shall be entitled to honor and to charge this corporations 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 City Council Minutes Monday, April 26, 2010 Page 7 of 9 facsimile signature or signatures resemble the facsimile specimens duly certified to be on file with the Banks by the Finance Director or other officer of this 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 the 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. RESOLUTION 2010-32 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 8, Article II, of City Code, of the property owned by Gregory Stull (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 3930 University Avenue N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, 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 April 22, 2010. 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 March 17, 2010 the Fire Department responded to a fire at the address listed above. After the situation was under control the Fire Chief ordered an immediate abatement and that the property be secured. The Fire Chief ordered the Public Works Department to respond to the scene and secure the property with the proper fencing. 2. That on April 22, 2010 the Fire Department sent statement of cause to the registered owner of the property at the address listed in the Anoka County Property Records database. 3. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: Approve the immediate abatement of the hazardous situation located at 3930 University Avenue N.E. 4. 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 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 3930 University Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. 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. 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 3930 University Avenue 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. RESOLUTION 2010-27 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 Dan Schreier (Hereinafter "License Holder"). nd Whereas, license holder is the legal owner of the real property located at 4241-43 2 Street 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 31, 2010of an public hearing to be held on April 26, 2010. 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 April 29, 2009 inspectors for the City of Columbia Heights, inspected the property described above and noted violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the City Council Minutes Monday, April 26, 2010 Page 8 of 9 Rental Housing License Application. 2. That on December 7, 2009 an extension of time was granted in order to make the repairs. 3. That on March 8, 2010 inspectors for the City of Columbia Heights performed a reinspection and noted that violations remained uncorrected. 4. That onMarch 31, 2010 inspectors for the City of Columbia Heights checked records for this property and noted that the violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 5. That based upon said records of the Enforcement Office, the following conditions and violations of the City’s Property Maintenance Code were found to exist, to-wit: Shall repair the electrical in the building, it only works in half the apt. Shall have a licensed electrician do the repair work. 6. 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 F9588 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 45 days from the first day of posting of this Order revoking the license as held by License Holder. RESOLUTION 2010-30 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 CNC Houses, LLC (Hereinafter "License Holder"). th Whereas, license holder is the legal owner of the real property located at 607-09 38 Avenue 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 April 6, 2010of an public hearing to be held on April 26, 2010. 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 February 15, 2010, 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 onApril 6, 2010 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 F9513 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. 1580 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005, REGARDING ESTABLISHED DATE FOR THE PRIMARY ELECTION The City of Columbia Heights does ordain: (A) Chapter 2, Article I, Section 2.2101 of the Columbia Heights City Code, is hereby amended to read as follows: 2.101 ELECTIONS (B) The municipal election day for the city shall be the first Tuesday after the first Monday in November of every even-numbered year. (C) Persons who are elected to municipal offices on that date shall assume the duties at the time of the first regularly scheduled Council meeting in January following a regular municipal election. City Council Minutes Monday, April 26, 2010 Page 9 of 9 (D) The four-year term of office for Council members shall be staggered so that the offices of no more than two Council members will be on the ballot for each municipal election. Provided, however, that if a vacancy exists on the council, the city shall forthwith appoint an eligible person to fill the same until the next regular municipal election, when the office shall be filled for the unexpired term, and that such office may be on the ballot in addition to the two offices provided for herein. (E) The primary election date shall be held on the date established by Minnesota State law. This Ordinance shall be in full force and effect from and after thirty (30) days after its passage.