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HomeMy WebLinkAbout12/12/11 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY, DECEMBER 12, 2011 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, December 12, 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 Pastor Dan Thompson, Columbia Heights Assembly of God Church, gave the Invocation. PLEDGE OF ALLEGIANCE - recited ADDITIONS /DELETIONS TO MEETING AGENDA Mayor Peterson removed item 6B — Rental License Revocations, in that all of the properties have been brought into compliance. Nawrocki requested to discuss the committee for the new library /city hall and the citizen academy. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Founders Day - Becky Loader, Library Director stated that Columbia Heights was first incorporated as a village in 1898. In 1926 Columbia Heights opened the first high school in Anoka County. The Silver Lake Mother's Club understood the need for a public library. This was headed by community activist Harriett Blyth. The club persuaded High School Teacher Margaret Thomas to head the first Library Board. With less than $100 to purchase materials, the twelve members canvassed the neighborhood with their children and their little red wagons to solicit books, magazines, money, furniture, and items for a new library. On December 3 the library opened at 3949 Central Avenue NE. After moving four times, the library was operating from a rented building at 838 40 Avenue in 1953. In celebrating 25 years of service the City recognized the library as a department of the city and provided monetary support. In 1960 the original library building was built at 820 40 Avenue. By 1966 the library was expanded, through a Library Services and Construction Act Grant and a Civil Defense Grant, to triple the space housing the library and civil defense program. The library celebrated 50 years of service in 1978. By 2001 the Library Board of Trustees decided to fouii a non - profit foundation to provide an agency that could receive donations and apply for grants. The Board was appointed in 2004 and the dedicated supporters have raised $60,000 on behalf of the library. The library celebrated 75 years of service in 2003. In 2011 the library is in its 83 year of existence. Loader stated that the library participates in MELSA, MetroNet, and in the State wide borrower' compact. She listed the current hours, number of employees, and current services available. Peterson thanked her for her hard work and the service of everyone at the library. Peterson stated that funds raised at the Taste of Heights were suggested to be donated as matching grant money for McKenna Park play equipment. Peterson presented a check to the City for $1,200 from the Columbia Heights Activity Fund. Kevin Hansen, Public Works Director, stated the grant was originally a 50/50 match, but was reduced to 44 percent. This donation will bring it back closer to a matching grant. City Council Minutes Monday, December 12, 2011 Page 2 of 15 Motion by Diehm second by Nawrocki, to formally accept $1,200 from the Columbia Heights Activity Fund to assist the matching funds for McKenna Park play equipment. Upon vote: All ayes. Motion carried. Peterson stated that the Columbia Heights Activity Fund is also donating $200 toward the renewal of the Ramsdell memorial, for a new concrete base. CONSENT AGENDA Nawrocki requested to remove items B, E, F, G, H, J, and K for discussion. City Manager Walt Fehst took Council members through the remaining Consent Agenda items: A. Approve City Council meeting minutes Motion to approve the minutes of the November 28, 2011 City Council meeting. B. Accept the 2012 City Council meeting/Work session calendar as proposed - removed C. Accept Board and Commission meeting minutes Motion to accept the December 6, 2011 Planning Commission meeting minutes. Motion to accept the November 2, 2011 Library Board meeting minutes. D. A..roval of Premises Permit Application for Columbia Heights Athletic Boosters to conduct charitable gambling activities at Jimmy's Pro Billiards, 4040 Central Avenue NE Motion to approve the Premises Peuuit Application for the Columbia Heights Athletic Boosters to conduct legal gambling activities at Jimmy's Pro Billiards, 4040 Central Avenue NE, and to direct the City Manager to sign the Premises Permit Application verifying the City's approval. E. Establish John P. Murzyn Hall rental rates for 2013 - removed F. Adopt Resolution 2011 -148, establishing various compensation rates for the Columbia Heights Fire Department Paid -on -Call division. - removed G. Adopt Resolution 2011 -136, being a Resolution establishing Senior Citizens or Retired & Disabled Persons hardship special assessment deferral - removed H. Approve Demolition Contract for 4641 and 4647 Tyler - removed I. Adopt Resolution 2011 -159, being a Resolution requesting Anoka County Levy funds for GMHC Motion to waive the reading of Resolution 2011 -159 there being ample copies available for the public. Motion to adopt resolution 2011 -159, requesting funds in the amount of $20,000 from the Anoka County HRA Levy to match MHFA grant monies Greater Metropolitan Housing Corporation has for the rehabilitation of a property in the City of Columbia Heights. J. Adopt Resolution 2011 -158 being Resolution for the Approval of an 11 -foot corner side yard setback variance for parking for 3700 Central Avenue NE — removed City Council Minutes Monday, December 12, 2011 Page 3 of 15 K. Approval to Purchase One Colored LED Sign for City Hall - removed L. Approve reissuance of rental license for 1400 -02 Circle Terrace Blvd. NE. as Property Maintenance Code issues have been resolved. Motion to issue a rental- housing license to Robert Okoro to operate the rental property located at 1400 -02 Circle Terrace Blvd. N.E. in that the provisions of the Property Maintenance Code have been complied with. M. Approval of attached list of rental housing applications. Motion to approve the items listed for rental housing license applications for December 12, 2011 in that they have met the requirements of the Property Maintenance Code. N. Approve the Business License Applications Motion to approve the items as listed on the business license agenda for November 28, 2011 as presented. O. Review payment of the bills Motion that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has received the list of claims paid covering check number 141384 through 141653 in the amount of $5,290,476.57. Motion by Diehm, second by Schmitt, to approve the Consent Agenda items, with the exception of items B, E, F, G, H, J, and K. Upon vote: All ayes. Motion carried. B. Accept the 2012 City Council meeting /Work session calendar as proposed. Nawrocki stated a conflict on Tuesday, November 13 and requested that meeting be moved to Wednesday, November 14. Members agreed. Motion by Nawrocki, second by Diehm, to accept the 2012 City Council meeting/Work session calendar as proposed. Upon vote: All ayes. Motion carried. E. Establish John P. Murzyn Hall rental rates for 2013 Nawrocki stated this would add some monetary requirements. Keith Windschitl, Recreation Director, stated the only real change would be for an additional security officer to assist the one staff person present for groups up to 300 people. There would be additional fees if items are left behind or are brought in early. Security would be required if staff feels it is warranted. The renter has the option to request waiving of the fee by writing a letter to the Recreation Board. The cost to have a security officer present is a minimum of $100. Diehm stated her pleasure that this will continue to give Columbia Heights residents a 25 percent discount. This is a great service we provide. We have a very competitive rate. Motion by Diehm, second by Schmitt, to adopt the 2013 John P. Murzyn Hall rental rates and policy changes as outlined by the Park and Recreation Commission at their meeting of October 28, 2011. Nawrocki indicated he previously requested comparable rental rates of other facilities. Windschitl stated he has done comparisons in previous years, but variables in rental options make them difficult to compare. Nawrocki again requested to see the past rental comparison figures. City Council Minutes Monday, December 12, 2011 Page 4 of 15 Schmitt commended the city on this facility and stated comments she received indicating the facility has a good rate and they were very pleased with the facility and the service received. Windschitl stated that Murzyn Hall is already reserved every Saturday in 2012. Upon vote: All ayes. Motion carried. F. Adopt Resolution 2011 -148, establishing various compensation rates for the Columbia Heights Fire Department Paid -on -Call division. Fire Chief Gary Gorman stated this updates our pay scale for beginners in the paid -on -call division. In July 2009 the minimum wage was raised and we did not realize this affected about five or six Firefighter I personnel. The paid -on -call minimum is one hour. Training is paid by the quarter hour. Motion by Nawrocki, second Diehm, to waive the reading of Resolution No. 2011 -148, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion Nawrocki, second by Diehm, to adopt Resolution No. 2011 -148, being a Resolution establishing various compensation rates for the Columbia Heights Fire Department Paid -on -Call division effective July 24, 2009. Upon vote: All ayes. Motion carried. G. Adopt Resolution 2011 -136, being a Resolution establishing Senior Citizens or Retired & Disabled Persons hardship special assessment deferral. Fehst stated this provides for deferral of assessments for senior citizens, retired, and disabled persons, with an income level of $31,400 and is mostly used for special assessments. Motion by Nawrocki, second by Diehm, to waive the reading of Resolution No. 2011 -136, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion Nawrocki, second by Williams, to adopt Resolution No. 2011 -136, being a resolution establishing a new maximum income of $31,400 for Senior or Retired and Disabled Persons to be eligible for special assessment deferral. Upon vote: All ayes. Motion carried. H. Approve Demolition Contract for 4641 and 4647 Tyler Nawrocki stated he was opposed to demolishing the building as it is in good shape. The cost to purchase this was $200,000. We should put it to use for a while. Schmitt questioned the contract division between demolition and environmental. Scott Clark, Community Development Director, stated that an environment pre - demolition survey for things like asbestos is required. The contractor usually subs that work out. Any required environmental work would need to be completed prior to the demolition. Fehst asked when the units were built. Clark stated sometime in the 1960's. These buildings were owned by ACCAP. We wanted to buy them prior to them going back on the market. This was approved by the EDA. ACCAP could not find renters to meet their standards. This will reduce the density in the area. Peterson asked if they will backfill and compact the area. Clark stated there will be backfill and compaction to meet the Proctor Test. Motion by Williams, second by Schmitt, to approve demolition contract with Drobnick's Construction Clean Up in the amount of $26,325 for the demolition of 4641 and 4647 Tyler Street NE using Fund 371. Upon vote: All ayes. Motion carried. City Council Minutes Monday, December 12, 2011 Page 5 of 15 J. Adopt Resolution 2011 -158 being Resolution for the Approval of an 11 -foot corner side yard setback variance for parking for 3700 Central Avenue NE Jeff Sargent, City Planner, stated that O'Riley Auto needs this area for additional parking. Code requires a 15 foot setback and the building must be placed to the corner. The two parking stalls closest to Central Avenue and the one in the back are within the setback area. They are requesting the variance before submitting for site plan approval to the Planning and Zoning Commission. Motion by Diehm, second by Williams, to waive the reading of Resolution 2011 -158, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Resolution No. 2011 -158, approving the 11- foot corner side yard setback variance for parking for 3700 Central Avenue NE, subject to the conditions outlined in Resolution No. 2011 -158. Upon vote: All ayes. Motion carried. K. Approval to Purchase One Colored LED Sign for City Hall Hansen gave the background on this project, stating the LED sign was originally bid late this summer as a four foot by nine foot LED on the existing poles. The original low bid was provided by Hoeft signs with a 45 day placement time frame. Unfortunately, the low bidder was non- responsive. This is the next low bid, as described in the original staff report. It represents a price difference of 18 percent. Schmitt questioned if a deposit was paid to Hoeft sign. Joe Kloiber, Finance Director, stated his belief that the deposit referred to was for the liquor store LED sign on Central Avenue. Nawrocki questioned the reason for their delay. Hansen stated there was no feedback from the original vendor in over a dozen contact attempts. We never received an explanation. Nawrocki questioned the higher resolution. Hansen stated this company only offers a resolution slightly higher than was originally requested. Schmitt stated that the City is talking about updating our sign ordinance. This does not follow our guidelines, but was granted a variance. Schmitt indicated her desire that the sign ordinance be addressed soon. Motion by Schmitt, second by Williams, to authorize the purchase of one color LED sign from J & L Signs in the amount of $35,100 to replace the letterboard sign located at 590 40th Avenue; with funds appropriated from Fund 411 -41940 -5120; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. Peterson asked if there is an estimated installation date. Hansen stated it will take four to five weeks to receive the order and a week for installation. Nawrocki stated he is opposed to replacing the existing sign. Upon vote: Diehm, aye; Schmitt, aye; Williams, aye; Nawrocki, nay; Peterson, aye. 4 ayes — 1 nay. Motion carried. PUBLIC HEARINGS A. Adopt Resolution 2011 -156 being Resolution for the Approval of a 3 -foot side and rear yard setback variance for a shed located at 5075 Johnson St. NE. City Council Minutes Monday, December 12, 2011 Page 6 of 15 Jeff Sargent, City Planner, stated the applicant has requested a setback variance. The owner called to see if permits were required and was told that if the shed was under 120 square feet and under 18 feet tall a permit was not required, but was still subject to city ordinances. The building official noticed the shed and as a two story, which is more square footage, did require a variance. Sargent showed a site plan of the shed, which is on top of an easement. Hansen stated that as long as we have a condition of approval that the owner would have to remove it if required for the easement. This was presented for approval to the Planning and Zoning Commission. They denied approval on a two to one vote. Only three of the five members were present. Peterson stated he was not able to attend the meeting, but watched it on Channel 16. He stated that he would have supported the variance. The neighbors are in favor of this. Items on this easement can be moved if necessary. Schmitt stated initially it looked like a tree house without a tree. Looking at the property, as presented, that is really the only place to put it. It is on stilts and there is room for any drainage. You would not want it in the front yard. Peterson stated the owner is present. Peterson opened the public hearing. Jeanne Ramirez, 5075 Johnson Street, encouraged Council to look at the information, as she felt only one member of the P &Z did so. It is a thing that can be removed, but is a useful structure. She stated that she did call the City for requirements and apologized that her husband did not understand. He promised her he would never do this again. Nawrocki stated that if they move they must advise the new owner of any requirements. She referred to the City's external goal to retain existing residents. She asked Council for their mercy. Peterson closed the public hearing. Motion by Williams, second by Schmitt, to waive the reading of Resolution 2011 -156, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Schmitt, to adopt Resolution No. 2011 -156, approving the a- foot side and rear yard setback variance for a shed located at 5075 Johnson Street NE, subject to the conditions outlined in Resolution No. 2011 -156. Upon vote: All ayes. Motion carried. B. Adopt Resolutions 2011 -150, 1308 -10 Circle Terrace Blvd. N.E., 2011 -151, 1313 -15 Circle Terrace Blvd. N.E., 2011 -152, 679 -81 46th Avenue N.E., 2011 -153, 4124 5th Street N.E., and 2011 -154, 4628 -30 Polk Street, 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. — Removed as all properties are now in compliance. C. Adopt Resolution 2011 -155, 3946 Central Avenue N.E. being a declaration of nuisance and abatement of violations within the City of Columbia Heights. Gorman stated that there is a large amount of storage at the rear of the building. Items will require an administrative search warrant, along with storage. Motion by Diehm, second by Nawrocki, to close the public hearing and to waive the reading of Resolution Number 2011 -155 there being ample copies available to the public. Upon vote: All City Council Minutes Monday, December 12, 2011 Page 7 of 15 ayes. Motion carried. Motion by Diehm, second by Nawrocki, to adopt Resolution Number 2011 -155 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: All ayes. Motion carried. D. First Reading of Ordinance No. 1605, being an Ordinance for the modification to Wine and Strong Beer License for restaurants. Clark stated this ordinance is limited to strong beer and wine seating requirements for restaurants. The EDA discussed the economic need to reduce the seating requirement from 75 seats to 25 seats. The Mayor received a letter from the new owner of the Royal Orchard restaurant requesting they be allowed a license. The City Attorney and the Police Chief agree with this ordinance recommendation. Nawrocki questioned what we will receive for this and what the cost of enforcement /compliance would be. Clark stated that we have not had any issues with strong beer and wine licenses in the City. Nawrocki referred to issues at the Star Bar. Clark stated this ordinance will not allow hard liquor to be served. Diehm stated this would allow Asia Chow Mein or smaller businesses with less than 75 seats to serve strong beer or wine. Nawrocki stated his opposition and gave the history of City "On Sale" liquor licenses and the considerable community process. There were concerns about having a lot of little bars around town. Diehm stated that the restaurants must still prove 60% food orders and not more than 40% liquor sales. This will give more opportunities to make Central Avenue a destination. Schmitt agreed that we have a lot of restaurants on Central Avenue, but they are mostly fast food places. It would be nice to have cute little restaurants like Northeast Minneapolis and it would be nice to have a few more choices. The Heights Theater owner would like a place for their patrons to go after a movie. Jim Hoeft, City Attorney, indicated that the State audits the percentage of liquor versus food sales. Peterson also stated this would not be a problem. Northeast has a lot of little pubs within walking distance. Things change. He stated his support. Fehst stated that Robbinsdale has small restaurants that are doing well. Clark indicated that commercial spaces in our City are small. Nawrocki suggested considering a limit on the number of licenses allowed. Diehm stated that could be discussed. Motion by Diehm, second by Schmitt, to waive the reading of Ordinance No. 1605 there being ample copies available to the public. Schmitt, aye, Williams, aye, Diehm, aye, Nawrocki, nay, Peterson aye, 4 ayes — 1 nay. Motion carried. Motion by Diehm, second by Schmitt, to set the second reading of Ordinance 1605 for Monday, January 9, 2012, at approximately 7:00 pm in the Council Chambers. Schmitt, aye, Williams, aye, Diehm, aye, Nawrocki, nay, Peterson aye, 4 ayes — 1 nay. Motion carried. 7. ITEMS FOR CONSIDERATION City Council Minutes Monday, December 12, 2011 Page 8 of 15 A. Other Ordinances and Resolutions Adopt Resolution 2011 -149, being a Resolution adopting a budget for the year 2012, setting the City Levy, and approving the HRA levy. Motion by Diehm, second by Schmitt, to waive the reading of Resolution 2011 -149, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Fehst stated in 2009 the City Council laid out a four year, amended to five year, financial plan to not be dependent on Local Government Aid (LGA). LGA was adopted in 1978 to assist the less prosperous communities to benefit from the entire region. The Legislature is continuing to cut our local government aid. We wish to stand on our own. Council put in place a combination of cuts and taxes over a five year period. This is the third year of the five year plan. It allows for a 3.98 percent increase in the total levy including operations and debt. We are under 3.1 percent less than last year's levy because of the State removing the Homestead Credit. In past years we only received about one - quarter of that. The amount of money certified to the County is 3.1 percent less. We did our normal benchmark of twelve houses for their city portion of property tax and every house, except one, received a decrease. He explained the difference in the assessed value and the taxed value. However, commercial and rental properties will pay a greater share of the property tax. One of the larger employers in town will have a four percent overall increase with an eight percent increase in City tax. We did not pass along the decrease in levy authority as other cities did. This resolution is the same as the resolution passed by the City Council in September. Schmitt asked if we need to change the 411 fund total, as the LED sign will not be in place this year. Kloiber stated that the resolution includes appropriations, and this would be an amendment for 2012 adding the additional amount. Nawrocki stated that we need to take into account that one of every eight homes in our community is in the foreclosure process and losing income. The one increase in the twelve examples of properties was his property, with a $100 tax increase. If he lived in Fridley his taxes would be about $400 less. We need to look at reductions to the budget. Food items, in parts of the budget, have increased, while the Council has no food budget. There is $2,000 in the General Government budget for attendance at the National Cable meeting. The Cable Commission has not even met this year. Nawrocki stated that with three Community Development Planners and with the current limited interest in development we should approve the following motion: Motion by Nawrocki to amend the budget to eliminate the position of Community Development Director with the understanding that the Manager take over the administrative duties of the department, to save $130,000. Peterson stated that economic development means the future and we need more outreach to develop our community. We need to keep this department functioning. Schmitt stated she also had reservations, but they do not only do planning; Cartney has worked on the new web site, the EDA/HRA, and Parkview Villa. City planning is selling the city. We need to invite people and businesses in. She stated appreciation for the hard work of the departments. This is not the time to make cuts. They have already trimmed the staff. Fehst stated that when he was first hired there were three more people in that department. It has already been cut in half. Williams indicated to not forget the scattered site housing work they have been doing. Of the 42 new rental license applications, only four were from within the city. The Community Development Department did City Council Minutes Monday, December 12, 2011 Page 9 of 15 a lot of work with the new Aldi's and they are now working with O'Reilly's and on the redevelopment of Huset Park. It is really important to us to have our educated Community Development Director. It would be a mistake to even think about this as a cut. There are other things to cut. Diehm stated that it is important to state that we are developing our community, building permits, working on redevelopment, environmental cleanup, economic development, Parkview Villa, and the foreclosures we have suffered. We are in a position to handle more than a planning department; it is a development department, Peterson called for a second to the motion. Motion died for lack of a second. Motion by Nawrocki to remove one of the three IS positions from the budget. Peterson called for a second to the motion. Motion died for lack of a second. Motion by Nawrocki to eliminate the open position in the Police Department. Nadeau explained the various positions and funding for the current 28 officers. We need officers to work proactively. Currently, two officers are unable to work. Williams praised our police department for proactive work with youth and drug prevention. We are cleaning up the city and people will be proud to live here. Schmitt questioned if any officer could move into the open position. Nadeau stated the liaison positions are rotating. Williams stated that our Chief is encouraging officers to go back to school. Nadeau stated that two officers just finished their master's program. Nadeau thanked the community for the new building, which creates efficiency and boosts morale. Schmitt stated that the building is also used for training for other public safety groups. Nadeau stated that the gun range is rented; we host trainers and bring in other communities to save on training costs. Peterson stated he was invited to the police appreciation dinner, where Officer Andrew Carigiet would be honored in his recent return from Afghanistan. Other officer recognitions will be for honor of distinction, above and beyond award, and meritorious achievement. He stated his pride in this and all of our departments. We want to keep our community vibrant so people want to come and live here. Nawrocki questioned the levy amounts in the resolution. Joseph Kloiber, Finance Director, stated the first amount was the operating levy and the second amount includes the operating and debt levy. Nawrocki stated disappointment that we give every consideration to staff and what they ask for, and the taxpayers we ignore and the tough times they are going through. Peterson called for a second to the motion. Motion died for lack of a second. Schmitt indicated that as this was her first year on the Council, she appreciated the help and presentations of the Finance Director and the City Manager. She suggested that next year budget meetings include time with each department head to hear their input. Diehm stated she would support that recommendation. Nawrocki stated that in his 40 years in government, this year we did the poorest job of letting the citizens know what we were doing with the budget. The newsletter article was disappointing. He stated liquor operation/profitability concerns. Peterson thanked Schmitt for comments and stated that she has been a very active council City Council Minutes Monday, December 12, 2011 Page 10 of 15 member. Everyone is concerned about our citizens and their finances. The fact that we are here working for the community shows that. Motion by Schmitt, second by Williams, to adopt Resolution 201 1 -149, being a Resolution adopting a budget for the year 2012, setting the City Levy, and approving the HRA levy. Upon vote: Schmitt, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes — 1 nay. Motion carried. Peterson indicated that most of the budget is personnel costs. We do have nice equipment, but you need the proper tools to do a proper job. We have capital funds to do this. Peterson stated his pride in the community. He commended the City Manager for his work and for the great staff of employees we have. Peterson wished everyone a great holiday season. B. Bid Considerations — none C. New Business and Reports — Nawrocki indicated that he attended the Metro Rail meeting. Use of the system is increasing, but the cost for each ride is still about $20. He stated that he also attended the Anoka County Elected Officials meeting. There were comments regarding re- districting. The Elections Manager gave a presentation on new election equipment to be purchased in 2013. He offered the new legislative information he received at the meeting. Patty Muscovitz, City Clerk, spoke on the need for new election counting machines and the fact that absentee voting will be held at City Hall this year. ADMINISTRATIVE REPORTS Report of the City Manager Nawrocki stated the fence behind Kentucky Fried Chicken is fixed. Nawrocki asked if bids were obtained for the employee lunch. Fehst stated we did get bids. Nawrocki requested a copy of the bids. Nawrocki questioned the cost of staff time to conduct the Citizen Academy. The application states that the citizen's academy is to learn and not debate the system. This is out of line. Fehst stated that questions will be allowed. This will give new residents, or anyone interested, a look at what the Council, Boards, and Commissions, and various departments do. Hopefully, we can encourage people to become more active in the community. Nawrocki indicated his belief that the City Council should interview and appoint the Library /City Hall task force members so the group is objective and not strongly for or against a new library. They must consider the tax payers ability to pay for another building at this time. Fehst agreed that non - bias members should be included. He recommended appointment be discussed in a work session. Nawrocki stated the importance that the Council interview and make the final decision as to the members of the task force. Loader stated that when this was approved she was told that there was not a precedent on how to do this. The last task force was for the community center and there were 35 members, which was cumbersome. Our intent is not to hand pick people, but to have people that have indicated interest in the past get applications sent to them and to have applications available at the library and city hall. The Mayor was selected for the appointing as they are volunteers. This is not for legal business, but for fact finding and information to make the process as smooth as possible. Nawrocki indicated that the City would be required to pay for the study, so the Council should determine the criteria and the task force numbers. He felt the community center task force size was not that bad. He stated the hope that the Council will set the criteria for this and how to proceed. Steve Smith, 3813 Lincoln, Library Board member, stated that the task force would also work on our City Council Minutes Monday, December 12, 2011 Page 11 of 15 mission statement. Our mission is to build a library. It takes more than classrooms, principals, and teachers to educate. There is an outside need to participate. Our community is changing dramatically. We need to meet the needs of that clientele and need to give them an opportunity to learn outside of the school building. We need to build a library that meets the needs of all the cultures of Columbia Heights. We need to provide the opportunities the cultures of our community need. Let the task force decide what kind of building that will be in. Schmitt indicated that the library initiated this. She stated appreciation for the funds they have collected, so for us to be in control of this task force would be inappropriate. We should be involved, but it is their project and they have been working at it for years. Diehm agreed with Schmitt and stated that the task force will present information to the Council. We are the decision makers. As with the activity center task force, there were diverse views. We will look at their report. We should not micromanage. Schmitt encouraged a sampling of all age groups, including youth and technical expertise. Nawrocki indicated that this committee is also for a city hall. Ultimately, it will be up to the Council to come up with the money for this. Schmitt stated that all of our commissioners are volunteers, so it makes sense that this task force be volunteers because the citizens would pay for a new building. Our citizens need to back the proposal if they want it to pass. Input is extremely important. Peterson stated his confidence in the Library Board. We have quality people in our community that will be happy to get involved. If we never push forward, we will never go anywhere. We need to hope the economy changes and hope to keep pushing forward. Loader stated that this is being researched for the users. There are between 9,000 and 12,000 people thatcome through the library doors every month. That is who we represent for the decision whether there will be a new library or library /city hall. No decisions have been made. That would be the recommendation of the citizen group. Fehst wished everyone a Merry Christmas and Happy Holidays. He thanked Kloiber for all the work he did on the budget and thanked Schmitt for asking budget questions. The Department heads appreciated how she went about questioning items. We can make any type of presentation the Council requests next year. Report of the City Attorney — nothing to report CITIZENS FORUM Deb Johnson, 4626 Pierce Street, requested the City research holding a medication /prescription drop off for old drugs. Peterson stated that we can look into that. Nadeau stated that the DEA and Anoka County Sheriffs office held a drop off. We could look into providing that service. Nawrocki stated that you can buy a container at Walgreens to package the pills to send them in for disposal. Lee Stauch, 1155 Khyber Lane, suggested that the City recycling center allow drop off of light bulbs once a month. The library task force should be half for and half against a new library. He questioned the revenue difference between the old and new liquor stores. Peterson stated that a former Columbia Heights employee has been hired as the City Manager of our neighboring community, St. Anthony. He used to be our Recreation Coordinator. Fehst stated that he is very well respected. He was also the City Manager in Annandale. City Council Minutes Monday, December 12, 2011 Page 12 of 15 Peterson stated: "Don't forget our service men and women. It is even more poignant at this time of year when they are away from their families and homes. When you see them, shake their hands, and thank them for their service. Don't take yourself too seriously and do a random act of kindness. " He thanked Council members and staff for their hard work this year and stated he looks forward to next year. He wished everyone a Merry Christmas and a Happy New Year. ADJOURNMENT Mayor Peterson adjourned the meeting at 9:31 p.m. Patricia Muscovit. CM City 4 lerk RESOLUTION NO. 2011 -148 BEING A RESOLUTION ESTABLISHING VARIOUS COMPENSATION RATES FOR THE COLUMBIA HEIGHTS FIRE DEPARTMENT PAID -ON -CALL DIVISION LEVEL STATION DUTY & DRILLS FIRE CALLS Appointment to Paid -on -Call Division (possession of, or attainment of EMT license) $7.25 $7.25 Attainment of Firefighter I certification and completion of in -house training $8.50 $10.00 Completion of one year probationary period $9.99 $12.84 Fire Motor Operator differential $1.50 $1.50 Lieutenant differential $2.00 $2.00 Adjustments effective July 24, 2009 RESOLUTION NO. 2011 -136 BEING A RESOLUTION ESTABLISHING SENIOR CITIZENS OR RETIRED AND DISABLED PERSONS HARDSHIP SPECIAL ASSESSMENT DEFERRAL WHEREAS, immediate payment of special assessments or installments on special assessments cast an undue hardship on some persons owning homestead properties who are 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make payments, and Whereas, Minnesota Statutes 435.193 — 435.195 makes it possible for a home rule charter city to pass a resolution establishing standards and guidelines for determining the existence of a hardship and for determining the existence of a disability. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS: 1. This deferral procedure shall apply only to assessments which are payable in five or more annual installments. 2. This deferral procedure shall apply only to property owned and occupied by the elderly, retired, or disabled applicant. Ownership and occupancy must be the same nature as would qualify the applicant for a homestead exemption for tax purposes. 3. This deferral procedure shall apply only to homestead property owned by a person 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make payments. Permanent and total disability shall have the same definition for purposes of assessment deferral as is used for social security purposes. 4. This deferral procedure shall not be construed as to prohibit the determination of hardship on the basis of exceptional and unusual circumstances not covered by the standards and guidelines herein so long as determination is made in a nondiscriminatory manner and does not give the applicant an unreasonable preference or advantage over other applicants. 5. In order to obtain a deferral of an assessment, the homeowner must make application on the forms prescribed by the City Clerk. 6. The option of the homeowner to defer the payment of special assessments shall terminate and all amounts accumulated plus applicable interest shall become due and payable upon the occurrence of any of the following events: a. the death of the owner, provided that the spouse is not otherwise eligible for benefits hereunder; b. the sale, transfer or subdivision of the property or any part thereof; c. if the property should for any reason lose its homestead status; or City Council Minutes Monday, December 12, 2011 Page 13 of 15 d. if for any reason the City shall determine that there would be no hardship to require immediate or partial payment. 7. No deferral may be granted unless the homeowner makes application to the City Clerk within thirty (30) days after adoption of the assessment by the Council. 8. The deferral shall apply to only 50% of the annual installment payment. If the 50% is not paid in a timely manner, the balance of the annual installment along with all future installments shall become immediately due and payable. 9. No deferral shall be granted to any owner who has a gross annual household income from all sources in excess of $31,400. 10. No deferral may be continued from year to year unless the owner shall file a renewal application before September 15 of each year. 11. No special assessment may be deferred for a period longer than the time set by the Council as the time over which the project is to be assessed. 12. Interest on deferred assessments shall be at the rate set by the Council in its resolution adopting the assessment roll, and such interest shall be added to the amount deferred and shall be paid in accordance with Minnesota Statute 435.195 and this Resolution. RESOLUTION 2011 -159 A RESOLUTION REQUESTING FUNDS in the amount of $20,000 FROM THE ANOKA COUNTY HRA LEVY TO MATCH MHFA GRANT MONIES GREATER METROPOLITAN HOUSING CORPORATION HAS FOR THE REAHBILATION OF A PROPERTY IN THE City of Columbia Heights. WHEREAS, the City Council was invited by the Anoka County Housing and Redevelopment Authority (ACHRA) to participate in ACHRA economic development activities; and, WHEREAS, Council passed a resolution on September 10, 2007 to participate in the Anoka County Housing and Redevelopment Authority (ACHRA) economic development activities; and, WHEREAS, the ACHRA would levy a tax in Columbia Heights each year of participation, for a minimum of five years; and, WHEREAS, that the City, by participation in the ACHRA economic development activities, can request funds to support the City's redevelopment and housing maintenance and improvement goals; and, WHEREAS, Anoka County Community Development staff indicated that rehabilitation funds would be a qualified expenditure; and, BE IT FURTHER RESOLVED that the City of Columbia Heights requests $20,000 from the Anoka County HRA to match MHFA funds for Greater Metropolitan Housing Corporation to use for rehabilitation of a property in the City of Columbia Heights and administration thereof. RESOLUTION NO. 2011 -158 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR O'REILLY AUTO PARTS STORE WHEREAS, a proposal (Case # 2011 -1202) has been submitted by O'Reilly Auto Parts Store to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 3700 Central Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: An 11 -foot corner side yard setback variance for parking per Code Section 9.110 (C). WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on December 6, 2011; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: 1. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause practical difficulties in conforming to the zoning ordinance. The applicant, however, is proposing to use the property in a reasonable manner not pei„mitted by the zoning ordinance. 2. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. 3. The practical difficulties are caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. City Council Minutes Monday, December 12, 2011 Page 14 of 15 5. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development, or value of property or improvements in the vicinity. FURTHER, BE IT RESOLVED, that the attached plans, maps, and other information shall become part of this variance and approval; and in granting this variance the city and the applicant agree that this variance shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. All application materials, maps, drawings, and descriptive information submitted with the application shall become part of the permit. 2. Approval of the variance request in contingent on the approval of the Site Plan for the O'Reilly Auto Parts Store located at 3700 Central Avenue. RESOLUTION NO. 2011 -156 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR JEANNE RAMIREZ WHEREAS, a proposal (Case # 2011 -1201) has been submitted by Jeanne Ramirez to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 5075 Johnson Street NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 3 -foot side and rear yard setback variance for the placement of a playhouse / shed located at 5075 Johnson Street per Code Section 9.106 (C)(1)(c). WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on December 6, 2011; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: 1. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause practical difficulties in conforming to the zoning ordinance. The applicant, however, is proposing to use the property in a reasonable manner not permitted by the zoning ordinance. 2. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. 3. The practical difficulties are caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. 4. The granting of the variance is in ha,niony with the general purpose and intent of the Comprehensive Plan. 5. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development, or value of property or improvements in the vicinity. FURTHER, BE IT RESOLVED, that the attached plans, maps, and other information shall become part of this variance and approval; and in granting this variance the city and the applicant agree that this variance shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. All application materials, maps, drawings, and descriptive information submitted with the application shall become part of the permit. 2. The applicant shall agree to remove the shed at the owner's expense in the event that the City would need to gain access to the 5 -foot utility and drainage easement on which the shed is located. RESOLUTION 2011 -155 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 Screen Concepts /Gilbert Becker (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 3946 Central Avenue, 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 November 17, 2011. City Council Minutes Monday, December 12, 2011 Page 15 of 15 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 September 9, 2011 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. 2. That on November 17, 2011 inspectors reinspected 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. 3. That on November 29, 2011 inspectors reinspected the property and found that violations remained uncorrected. 4. 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 all outside storage around the business. 5. 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 3946 Central 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 3946 Central 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.