Loading...
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.