HomeMy WebLinkAbout01/09/2012 OFFICIAL PROCEEDINGS
CITY OF COLUMBIA HEIGHTS
CITY COUNCIL MEETING
MONDAY, JANUARY 9, 2012
The following are the minutes for the regular meeting of the City Council held at 7:05 p.m. on Monday,
January 09, 2012 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights,
MN.
CALL TO ORDER/ROLL CALL /INVOCATION
Pastor Jeremiah Rice, Oak Hill Baptist Church, gave the Invocation.
Present: Mayor Peterson, Council member Williams, Council member Nawrocki, Council member
Diehm, Council member Schmitt
PLEDGE OF ALLEGIANCE - recited
ADDITIONS /DELETIONS TO MEETING AGENDA
Motion by Nawrocki to place "Council Corner" back on the agenda.
Peterson suggested discussing this at the next work session. Motion died as no second was
received.
Nawrocki requested to discuss the budget, newsletter, citizens academy, and library task force under
the Manager's Report.
Peterson stated that he and the City Manager attended the Air Force Reservists of the 934th Airlift
Wing deployment at the guard center. 122 soldiers are being deployed to the Persian Gulf for four
months. It was a moving experience. Fehst stated several Congressmen and Mayors, along with the
families, were in attendance. Nawrocki stated he had the same experience, on the other side, when he
was drafted for the Korean War. Fehst referred to the difference technology makes today in
deployments. Peterson wished them the best.
PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS
CONSENT AGENDA
Nawrocki requested to remove items D and F for discussion.
City Manager Walt Fehst took Council members through the Consent Agenda items.
A. Approve City Council meeting minutes
Motion to approve the minutes of the December 12, 2011 City Council meeting.
B. Accept Board and Commission meeting minutes.
Motion to accept the December 7, 2011 Library Board meeting minutes.
C. Adopt Resolution 2012 -001, being a resolution designating official depositories for the City of
Columbia Heights.
Motion to waive the reading of Resolution 2012 -001, there being ample copies available to the
public.
Motion to adopt Resolution 2012 -001, being a resolution designating official depositories for the
City of Columbia Heights.
City Council Minutes
Monday, January 09, 2012
Page 2 of 8
D. Designating an Official Newspaper for 2012 - removed
E. Adopt Resolution 2012 -002, being a resolution to accept certain donations received by the City
of Columbia Heights.
Fehst thanked all of the donors and complimented the Boosters that have donated over
$1,000,000 over the years, the Gates Foundation for library computers, and the Columbia
Heights Activity Fund.
Motion to waive the reading of Resolution 2012 -002, there being ample copies available to the
public.
Motion to adopt Resolution 2012 -002, being a resolution to accept certain donations received by
the City of Columbia Heights.
F. Adopt Resolution 2012 -03, being a Resolution authorizing application for the 2012 CDBG
Grant. - removed
G. Approve Business License Applications
Motion to approve the items as listed on the business license agenda for January 9, 2012 as
presented.
H. Review payment of the bills
Motion that in accordance with Minnesota Statue 412.271, subd. 8 the City Council has received
the list of claims paid covering check number 141654 through 142028 in the amount of
$1,253,172.59.
Nawrocki referred to the almost $3,000 paid for food for city events and that the budget for next
year was increased, while Councilmembers were removed from any meal reimbursement.
Motion by Nawrocki, second by Schmitt, to approve the Consent Agenda items, with the exception
of items D and F. Upon vote: All ayes. Motion carried.
D. Designating an Official Newspaper for 2012
Nawrocki indicated that the Sun newspaper was bought out by ECM. Should we contact the new
owners and question things like if delivery will still be free. Fehst stated he is not sure how this
will affect us, but we could contact them. Residents will receive a notice with their next utility
bill indicating the phone number to call if they do not receive the Sun Focus newspaper.
Motion by Nawrocki second by Diehm to designate Sun Focus News as the official City
newspaper for 2012 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.
F. Adopt Resolution 2012 -03, being a Resolution authorizing application for the 2012 CDBG Grant.
Motion by Diehm, second by Schmitt, to waive the reading of Resolution 2012 -03, there being
ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Diehm, second by Schmitt, to adopt Resolution 2012 -03, being a Resolution of the
City Council of Columbia Heights authorizing application for 2012 Anoka County Community
Development Block Grant (CDBG) funding for the purpose of providing private commercial
revolving loan funds in the amount of $100,000; and furthermore, to submit said application to
Anoka County.
City Council Minutes
Monday, January 09, 2012
Page 3 of 8
Scott Clark, Community Development Director, stated this was discussed by the EDA. They are
applying for CDBG funding of $100,000. If so allocated, it would be for a revolving loan fund.
This would come back to the EDA with the final rules and regulations. This helps the amount of
equity that a resident can put into the loan. Nawrocki questioned if, in the past, we received
$500,000. Fehst stated it was about $200,000 a year when he started working here.
Upon vote: All ayes. Motion carried.
PUBLIC HEARINGS
A. Adopt Resolution 2012 -04, 1036 Gould Ave NE, being a declaration of nuisance and approving
abatement of violations within the City of Columbia Heights.
Fire Chief Gary Gorman stated this property came to our attention through Anoka County
investigating the welfare of the homeowner at this address. The conditions suggested an
intervention by us. We inspected the property with the owner's permission. We found conditions
of the property unacceptable and the Building Official posted the property uninhabitable. This is
to start the process for abatement. It is not our intention to do the abatement. The son has
contacted us and hopes to clean up the property.
Motion by Nawrocki, second Williams, to close the public hearing and to waive the reading of
Resolution No. 2012 -04, there being ample copies available to the public. Upon vote: All ayes.
Motion carried.
Motion by Nawrocki, second Williams, to adopt Resolution No. 2012 -04, being a Resolution of
the City Council of the City of Columbia Heights declaring 1036 Gould Ave NE a nuisance and
approving the abatement of violations from the property pursuant to City code section 8.206.
Upon vote: All ayes. Motion carried.
B. Second Reading to Adopt Ordinance No. 1605, Amending On Sale Wine License Requirements
for Restaurants
Motion by Diehm, second by Williams, to waive the reading of Ordinance 1605, there being
ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Diehm, second by Williams, to adopt Ordinance 1605, being an Ordinance amending
Ordinance No. 1490, City Code of 2005 relating to on -sale wine licenses and requirements
within the City of Columbia Heights.
Schmitt stated that a resident called with concerns. She questioned the difference in
classifications. Clark showed the different options for the On /Off Sale liquor licenses, club
licenses, and temporary licenses. Restaurants must provide proof that 60 percent of their income
in food sales. This is not a hard alcohol license. As questioned: the Star Bar does not have to
meet the 60 percent requirement, as they have a hard liquor license.
Nawrocki stated his opposition to the ordinance, as we do not need a lot of little beer joints. He
indicated that staff said this is for economic development to attract more restaurants. We have a
lot of restaurants now.
Nawrocki asked if this would affect Jeff, Bobby and Steve's Auto World restaurant. Peterson
stated it would affect any present or future restaurant with at least 25 seats. Nawrocki questioned
if Williams would abstain on this matter. The City Attorney indicated that Council member
Williams would not need to abstain. Voting is at Council member Williams discretion.
City Council Minutes
Monday, January 09, 2012
Page 4 of 8
Upon vote: Schmitt, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Mayor Peterson, aye. 4
ayes – 1 nay. Motion carried.
Williams indicated that if Auto World came forward with an application, he would abstain.
ITEMS FOR CONSIDERATION - none
ADMINISTRATIVE REPORTS
Report of the City Manager
Fehst stated that we received a grant for the cleanup of the Root property. Peterson stated that we did
not receive the MnDOT grant for the construction of a right turn lane from 49th Avenue NE onto
southbound TH 65 (Central Avenue) and from 50th Avenue NE onto northbound TH 65 (Central
Avenue). Fehst indicated that through physical observations there do not appear to be backups at that
corner. We will continue observations. Nawrocki stated that traffic does back up at the intersections
and cars have to wait through the next light cycle. He referred to possible future changes along
Central Avenue being discussed by the Metropolitan Council.
Nawrocki indicated some cities in Anoka County reduced or did not raise their levy. Budget
information given did not indicate a utility rate increase. He stated that his questions on liquor store
expenses and profitability should be answered at a public meeting and referred to the State Auditor's
article on "Municipal Liquor Stores – avoiding pitfalls ". Nawrocki questioned when the draft
newsletter would be available. Fehst indicated that staff articles were to be submitted last Friday.
Nawrocki indicated his desire to be on the mailing list for notices and materials for the citizen
academy and library task force. The library task force should be appointed by the City Council. The
number of members should be decided by the Council. Members should not come from the Library's
committees, but should be open to members of other boards or commissions. We need more
publicity encouraging residents to apply. Diehm stated there was an article in the Sun Focus asking
for applicants.
Peterson stated that our Finance Director closely oversees and monitors our liquor store operations
on a daily basis.
Nawrocki stated that the two hearings on street rehabilitation will be held on January 18.
Report of the City Attorney – Nothing to report
CITIZENS FORUM
Peterson stated: "Don't forget our service men and women. They are stationed all over the world
protecting our freedoms. Thank them for their service. Don't take yourself too seriously and do a
random act of kindness. "
ADJOURNMENT
Mayor Peterson adjourned the meeting at 7:49 p.m.
OPta— ' /
111 ILA
atricia Muscovit CMC Cit k
Mir
City Council Minutes
Monday, January 09, 2012
Page 5 of 8
RESOLUTION NO. 2012 -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.
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. 2012 -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:
DOC
DATE DONOR REF AMOUNT PURPOSE
THE KORDIAK SENIOR
2/9/11 COMPANY 137861 25.00 PROGRAM
COLUMBIA SENIOR
2/11/11 HEIGHTS ASSEMBL 137882 100.00 PROGRAM
SENIOR
2/16/11 NORTHEAST BANK 137932 100.00 PROGRAM
COLUMBIA SENIOR
3/9/11 HEIGHTS ACTIVIT 138068 100.00 PROGRAM
SENIOR
4/1/11 ZALLAR,BARBARA 138261 12.00 PROGRAM
SHAMROCK SENIOR
4/1/11 CASINO TOURS 138262 20.00 PROGRAM
City Council Minutes
Monday, January 09, 2012
Page 6 of 8
COLUMBIA SENIOR
4'1/11 HEIGHTS LIONS C 138263 100.00 PROGRAM
COLUMBIA SENIOR
4/1/11 HEIGHTS ATHLETI 138264 2,000.00 PROGRAM
WASHBURN- SENIOR
4/19111 MCREAVY 138436 100.00 PROGRAM
COLUMBIA SENIOR
4/19/11 HEIGHTS POST NO 138437 300.00 PROGRAM
SENIOR
6/7/11 BREKKE,SANDRA 138948 3.00 PROGRAM
SHAMROCK SENIOR
6/7/11 CASINO TOURS 138949 20.00 PROGRAM
SENIOR
6/22/11 LILA RYTI 139095 25.00 PROGRAM
NEMER,FIEGER &
5/16/11 ASSOC. IN 138706 500.00 RECREATION
COLUMBIA
6/14/11 HEIGHTS ATHLETI 139010 20,000.00 RECREATION
COLUMBIA
9/27/11 HEIGHTS WOMEN 0 140290 275.00 RECREATION
THE KORDIAK
6/20/11 COMPANY 139060 25.00 FIREWORKS
6/20/11 NORTHEAST BANK 139061 100.00 FIREWORKS
CREST VIEW
6/20/11 CORPORATION 139062 50.00 FIREWORKS
COLUMBIA HGTS
8/3/11 LIONS CLUB 139552 1,000.00 FIREWORKS
6/7/11 PALS 139966 100.00 FIREWORKS
6/27/11 BORK,SETH 139157 200.00 HEIGHTS IDOL
COLUMBIA
6/27/11 HEIGHTS WOMEN 0 139158 100.00 HEIGHTS IDOL
6/27/11 KORDIAK,JIM 139159 25.00 HEIGHTS IDOL
Subtotal Fund 881 Contributed Projects - Recreation 25,280.00
1/3/11 Walmart 137560 1,000.00 FIRE
6/28/11 Centerpoint Energy 139163 1,250.00 FIRE
Lighthouse of
7/6/11 Columbia Heights 139251 226.00 FIRE
8/24/11 Walgreens 139811 276.00 FIRE
10/7/11 Eugene Heffner 140518 405.00 FIRE
10/18/11 Perry, Gloria 140702 50.00 FIRE
Frances A Benson
11/21/11 Trust 141255 50.00 FIRE
Columbia Heights
11/21/11 Rental 141256 150.00 FIRE
3/7/11 Anonymous 138047 128.92 LIBRARY
3/21/11 Anonymous 138156 159.80 LIBRARY
3/28/11 Anonymous 138205 400.93 LIBRARY
4/4/11 Anonymous 138283 LIBRARY
City Council Minutes
Monday, January 09, 2012
Page 7 of 8
173.99
Gates Foundation (Via
4/11`11 State of MN) 138346 2,600.00 LIBRARY
Friends of Columbia
7/6/11 Heights Library 139246 600.00 LIBRARY
10 /10 /11 TIAA -CREF 140552 500.00 LIBRARY
4/27/11 Stockwell, Gary 138506 300.00 PARKS
Columbia Heights
12/13/11 Activity 141459 1,200.00 PARKS
3/4/11 Alerus Financial Bank 130833 100.00 POLICE
6/28/11 Centerpoint Energy 139163 1,250.00 POLICE
Subtotal Fund 883 Contributed Projects -
Other 10,820.64
GRAND TOTAL 36,100.64
RESOLUTION 2012- 03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA
AUTHORIZING APPLICATION FOR 2012 ANOKA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) FUNDING FOR THE PURPOSE OF PROVIDING COMMERCIAL REVOLVING LOAN FUNDS IN THE
AMOUNT OF $100,000; AND FURTHERMORE, TO SUBMIT SAID APPLICATION TO ANOKA COUNTY
WHEREAS, the City has a significant number of small vacant commercial buildings, and
WHEREAS, the City has identified goals and objectives through the EDA to continue efforts to improve the Central
Avenue and other business corridors, and
WHEREAS, the City is seeking Community Development Block Grant (CDBG) funds in an amount up to $100,000 for
a commercial revolving loan fund, and
WHEREAS, the direct financial assistance to for - profit business is listed as a high priority in the County's five year
plan, and
WHEREAS, the use of CDBG grants are consistent with the program's national objective of benefiting low and
moderate income people, and
NOW, THEREFORE BE IT RESOLVED that the City of Columbia Heights acts as the legal sponsor for the 2012
Community Development Block Grant Program to be submitted by January 12, 2012; and
BE IT FURTHER RESOLVED that the City of Columbia Heights has the legal authority to apply for financial
assistance, and the institutional, managerial, and financial capability to ensure adequate project administration; and
BE IT FURTHER RESOLVED that the City of Columbia Heights has not violated any federal, state, or local laws
pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or unlawful or corrupt practice; and
BE IT FURTHER RESOLVED that the City Manager or as required, and the Mayor, is hereby authorized to execute
such agreements as are necessary to implement the project(s) on behalf of the applicant; and
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Columbia Heights, Minnesota has
authorized staff to submit an application for $100,000 for a commercial revolving loan fund
RESOLUTION 2012 -04
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 Diane P. Egli
(Hereinafter "Owner of Record ").
City Council Minutes
Monday, January 09, 2012
Page 8 of 8
Whereas, the owner of record is the legal owner of the real property located at 1036 Gould 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 posted on the property to the owner of record on
January 6 2012.
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 December 20, 2011, the Building Official received a letter for Anoka County Human Services describing
uninhabitable conditions of the property listed above.
2. That on January 5, 2012, the Building Official, the Fire Department, and Anoka County were granted access by the
owner and the property was determined to be, and posted as, uninhabitable by the Building Official.
3. That on January 6, 2012, notice of a Public Hearing was posted on the property.
4. That on January 6, 2012, a letter of explanation and requirements was mailed and posted on the property by the
Building Official.
5. 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 meet the conditions set forth by the Building Official as stated in letter of January 6, 2012
6. That all parties, including the owner of record and any occupants or tenants, have been given 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 1036 Gould 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 1036 Gould 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.
ORDINANCE NO. 1605
BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO ON -SALE
WINE LICENSES AND REQUIREMENTS WITHIN THE CITY OF COLUMBIA HEIGHTS
The City of Columbia Heights does ordain:
Chapter 5, Article 5, Section 5.505 (B) of the Columbia Heights City Code, is proposed to include the following
additions and deletions:
§ 5.505 On -Sale Wine Licenses
(B) "On -sale wine" licenses shall be granted only to restaurants which are conducted in such a manner that
at least 60% of the annual gross receipts of the establishment must be derived from or attributable to the sale of food.
Such establishment shall have facilities for seating not less than 75 25 guests at one time. A hotel shall be eligible for an
on -sale wine license provided that, of that part of the total annual gross receipts attributable to or derived from the
serving of food and wine, 60% or more of the annual gross receipts for a license year is the serving of food, the dining
area must seat a minimum of 75 25 people at tables, and the hotel must have a minimum of ten rooms.
Chapter 5, Article 5, Section 5.505 (K)(6) of the Columbia Heights City Code, is proposed to include the following
additions and deletions:
§ 5.505 On -Sale Wine Licenses
(K) No license shall be granted to any person:
(6) No license shall be issued to any applicant for a location within 300 feet of any school or church, unless
such license has been previously approved when no school or church was so situated.
Section 2:
This ordinance shall be in full force and effect from and after 30 days after its passage.