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HomeMy WebLinkAbout06/11/2012 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY, JUNE 11, 2012 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, June 11, 2012 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Pastor Bob Lyndes, Crest View Communities, 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 Peterson stated that due to a hard drive failure, the meeting would not be broadcast or recorded this evening. Nawrocki suggested finding out if the audio recording of the meeting could be replayed on the cable channel. Peterson removed the View from the Big River program presentation, and Jeffrey Maus and Taylor Ostien from the Peddlers licenses request. Motion by Nawrocki to add "Council Corner" to the agenda. Peterson called for a second. Motion failed due to lack of a second. Nawrocki stated he has a half dozen items to bring up under the City Manager's report. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Humanitarian of the Year- Stephen Smith Peterson read the biography of Stephen Smith, listing his accomplishments and volunteerism throughout his career. Smith spoke on the benefits of volunteerism and thanked the community for this honor. B. Recognition of Service - Rachel Schwankl, Charter Commission Peterson read the recognition of service of Rachel Schwankl. Schwankl stated she enjoyed being involved and thanked the City for the opportunity to serve. C. Invitation to: A View from the Big River program - removed D. Summer Library Programs -Mai Kao Xiong- Children's Librarian Xiong listed the upcoming library summer programs. She spoke on the summer theme, reading groups, music,jugglers, magicians, and others that will participate in these programs. E. Introduction of new Paid-on-Call Firefighters Fire Chief Gary Gorman introduced Emily Cramble and Jake Gilliespie. He indicated they started in 2010 and they have been through the EMT class, Firefighter I and II class and a one year probation. Gilliespie stated he grew up in Columbia Heights and is glad to be here to serve the community. Cramble thanked staff for the learning experience and thanked the city for allowing her to give something back to the community. City Council Meeting Minutes Monday,June 11,2012 Page 2 of 6 CONSENT AGENDA Nawrocki requested to remove item F for discussion. City Manager Walt Fehst took Council members through the Consent Agenda items. A. Approve minutes of the May 29, 2012 City Council meeting. Motion to approve the minutes of the May 29, 2012 City Council meeting. B. Accept Board and Commission meeting minutes Motion to accept the June 5, 2012 Planning and Zoning Commission meeting minutes. Motion to accept the May 2, 2012 Library Board meeting minutes. C. Appointment of HRA Commissioner Motion to approve Mayor Peterson's appointment of Rheta Nelson to the HRA Commission. D. Appointment to Planning and Zoning Commission and Traffic Commission. Motion to appoint Brian Clerkin to the Traffic Commission for the vacant teini to expire April 2014 and Chris Little to the Planning and Zoning Commission for the vacant term to expire April of 2016. E. Adopt Resolution 2012-71 Repealing Resolution 2009-72. Fehst stated this would have committed the city to liability for a million dollars over what is required. This will save over$8,000. Motion to waive the reading of Resolution 2012-71, there being ample copies available to the public. Motion to adopt Resolution 2012-71, being a resolution repealing Resolution 2009-72. F. Adopt Resolution 2012-070 for appointment to the Mississippi Watershed Management Organization - removed G. Second reading of Ordinance No. 1607, being an ordinance pertaining to Chapter 4, Sections 33 and 34,Nominations and elections. Motion to waive the reading of Ordinance No. 1607, there being ample copies available to the public. Motion to adopt Ordinance No. 1607,being an ordinance amending Chapter 3, Sections 33 and 34 of the Charter of the City of Columbia Heights. H. Approval of attached list of rental housing applications. Motion to approve the items listed for rental housing license applications for June 11, 2012 in that they have met the requirements of the Property Maintenance Code. I. Approve Business License Applications Motion to approve the items as listed on the business license agenda for June 11, 2012 as presented. —removed from list: Jeffrey Maus and Taylor Ostien - Peddlers licenses request. J. Review payment of the bills Motion that in accordance with Minnesota Statute 412.271, subd. 8 the City council has received City Council Meeting Minutes Monday,June 11,2012 Page 3 of 6 the list of claims paid covering check number 143736 through 143894 in the amount of $578,784.80. Motion by Diehm, second by Williams, to approve the Consent Agenda items with the exception of Item F. F. Adopt Resolution 2012-070 for appointment to the Mississippi Watershed Management Organization Nawrocki questioned the length of term. Schmitt stated it would be a yearly renewal, at the Council's discretion. Nawrocki questioned if there is a per diem. Peterson stated that the meetings are during the day so there is a small compensation. Nawrocki stated we should request the organization use the per diem toward the fee we pay. Diehm asked the amount. Schmitt stated it is $75 a meeting. She stated that the meetings are during her work day and she would appreciate accepting the per diem. Peterson stated he sees nothing wrong with accepting this per diem. Motion by Williams, second by Diehm, to waive the reading of Resolution 2012-070, there being ample copies available for the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to adopt Resolution 2012-070 being a resolution appointing Councilmember Donna Schmitt as the City representative to the Mississippi Watershed Management Organization. Diehm suggested further discussion at a work session regarding per diem payments. This may be the only commission that pays a per diem, but we should have an understanding on this. Nawrocki referred to meetings he attended during his work day that did not have per diems. Upon vote: All ayes. Motion carried. Motion by Nawrocki that the Mississippi Water Shed not pay our representative a per diem and rather use that money to reduce our membership fee to their organization. Diehm questioned if members are required to be elected officials. Schmitt stated that the committee can be elected officials or residents; they cannot be staff Peterson called for a second to the motion. Motion died for lack of a second. Schmitt asked that this be discussed at the next work session. PUBLIC HEARINGS - none ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1st Reading of Ordinance 1608, being a Zoning Amendment as it Relates to Secondhand Stores. Jeff Sargent, City Planner, stated that the current ordinance does not allow second hand stores to be within 3,000 feet of each other. A request from businesses such as Once Upon A Child or Play It Again Sports, showed us that we should classify these businesses more closely, determining thrift stores versus second hand stores. This draft ordinance defines antique stores, consignment stores, currency exchanges, secondhand stores, and thrift stores. City Council Meeting Minutes Monday,June 11,2012. Page 4 of 6 Nawrocki questioned what request was received. Sargent stated the request was from a business that purchases and refurbishes items; gathering items and repairing them at the beginning of the month and opening to sell them the second part of the month. Nawrocki stated he is concerned about these uses and asked where it was proposed. Sargent stated at 636 40th Avenue. Peterson indicated a change would not be to address this request. There are a lot of different businesses that are now restricted by the distance limitation. He has heard people say that we would like to be more like Grand Avenue, and they have a lot of businesses like this. Diehm asked if he has spoken to groups like Savers regarding the 30 percent of sales donated requirement. Sargent stated we need some way to define the different businesses. A bigger box store will have a separate space for donations and will take in more than this percentage. The 30 percent was taken from other ordinances. Diehm indicated that if Unique Thrift purchases from the Disabled American Veterans, this percentage may not work. Schmitt asked how this would be regulated and indicated that this seems to be a comparison between big box stores and small store fronts. Sargent stated that bigger stores have the space for drop off donations. Fehst stated that since there are questions on this ordinance, it would be good to find out a store's model. He commended the notion of antique stores, but we may need to define it better. Fehst suggested this be discussed at the next work session. Nawrocki stated antiques are one thing, but Savers and Unique Thrift get large amounts of donations that they cannot even get into their building and they have big parking lots that sometimes overflow. The business location requested on 40th Avenue has very limited parking. He requested staff question how other communities handle this. Diehm stated that the current ordinance would restrict some business, but we want to be fair. It would be good to discuss if it is 30 percent of items, or sales, or below market purchasing. Motion by Williams, second by Schmitt to table Ordinance 1608. Upon vote: All ayes. Motion carried. B. Bid Considerations -none C. New Business and Reports - none ADMINISTRATIVE REPORTS Report of the City Manager Fehst referred to a letter that went out to all hookah shops and businesses that allow testing of tobacco products. It questions if the businesses are providing lounging opportunities. The Clean Indoor Air Act is being questioned. The owners are being asked to answer questions to find if they qualify for this type of business. Nawrocki stated that St. Anthony is also discussing this. Fehst stated that St. Anthony had such a business that is now closed. He will find out more about this. Nawrocki referred to a letter to the editor regarding dust and uncut grass across from the new Auto Parts store location. Nawrocki stated that the grass has been cut. He spoke to her and found out that the 37th Avenue alley was blocked off, so cars were turning around creating more dust. Nawrocki stated there are big weeds by Auto World and the Mexican restaurant. Nawrocki questioned budget preparation and anticipated tax levy. Fehst stated that budgets are City Council Meeting Minutes Monday,June 11,2012 Page 5 of 6 currently being prepared by staff. Nawrocki stated that information from the Library indicated a two percent increase. Fehst stated that does not mean the levy will increase, but it is part of the five year plan. Nawrocki stated we need to consider what needs to be done and what can be put off. Nawrocki referred to Joyce Meyer's attendance at the last council meeting and to the letter from the Assistant Fire Chief John Larkin. His report was very detailed and indicates that maybe she was not being very up front with us. Nawrocki questioned the request about auto licensing at the last council meeting. Fehst stated that two meetings were scheduled, but their attorney was unable to attend. It sounds like the owner had decided to drop the sale of cars. There was more to the story. Fehst stated that we will meet with them, but there is not a lot of discretion on that lot. Nawrocki indicated he saw a lunch wagon selling food between 42 and 43`d west of Central and asked if that was permissible. Jim Hoeft, City Attorney, stated that the food license goes through the State. Schmitt stated that the business has a peddler's license. Nawrocki stated he received a second letter from the City of Columbia Heights on Sanitary sewer insurance. He is shocked that the letter comes from the City of Columbia Heights. Nawrocki indicated that he stated before that it should include wording that the city is not recommending this and people should contact their insurance agent to see if they are already covered. Fehst stated this was discussed at a work session. People are being educated on this and are now realizing that the lines to the street are their responsibility. We do tell people to check with their insurance agent. We did not find any occasion where the company did not perform. This is only an option and is not a requirement. Nawrocki stated that at first the city was going to get a portion of the fee. Schmitt stated that was only an option. Report of the City Attorney Jim Hoeft, City Attorney, stated that the City Council held an executive session on June 4 regarding a complaint about an interaction between a department head and a Council member. Council discussed the matter, suggested some infoinial ways to resolve that conflict, and took no formal action. CITIZENS FORUM Jenny Halek, 4602 Fillmore Street, spoke regarding overflowing garbage cans on Central Avenue, listing several locations. She requested they be checked and emptied. Fehst stated they may belong to Metro Transit or to us, but we will make sure they get picked up. Halek referred to occasional shops in other cities that she patronizes and indicated her support to help bring such businesses to Columbia Heights. Halek praised the improvements at Ramsdell Park and the wonderful summer programs offered by the city, specifically the Glitter Bug program. She also commended a six year summer employee working at the park. Fehst stated that Halek has volunteered to help pick up debris in the park this summer. Peterson stated: Don't forget our service men and women, keep them in our thoughts and prayers as they are protecting our freedoms around the world. Do a random act of kindness. ADJOURNMENT Mayor Peterson adjourned the meeting at 8:30 p.m. City Council Meeting Minutes Monday,June 11,2012 Page 6 of 6 atricia Muscovitz CMC City Cl irk RESOLUTION NO.2012-71 A RESOLUTION REPEALING RESOLUTION 2009-72 WHEREAS,the City of Columbia Heights adopted Resolution 2009-72 to purchase excess liability coverage from the League of Minnesota Cities Insurance Trust of$1,000,000 over and above the level of coverage that would otherwise have been required for the City under Minnesota Statute 471.981,and to waive the related monetary limits of tort liability provided under Minnesota Statute 471.981; and WHEREAS,the City of Columbia Heights judges that this optional insurance coverage is not currently cost effective at the current annual premium rate of approximately$8,200; NOW,THEREFORE,BE IT RESOLVED that the City of Columbia Heights repeals Resolution 2010-138,effective June 1,2012. ORDINANCE NO. 1607 BEING AN ORDINANCE AMENDING CHAPTER 4,NOMINATIONS AND ELECTIONS, SECTIONS 33 AND 34 OF THE CITY CHARTER OF THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Section 1: Chapter 4, Sections 33 and 34 of the Charter of the City of Columbia Heights is hereby amended to read: Section 33. WRITE-IN CANDIDATES. A write-in candidate who wants their write-in votes to be counted in the general election must file a written request with the City Clerk no later than seven(7) days before the general election. All write-in votes cast for candidates who have not filed a written request to have these votes counted shall be treated collectively as votes for a single candidate. Section 34. CANVAS OF ELECTIONS. The council shall meet and canvas the election returns within seven days after any regular or special election,and shall make full declaration of the results as soon as possible,and file a statement thereof with the city clerk. This statement shall include: (a)the total number of good ballots cast; (b) the total number of spoiled or defective ballots; (c) the vote for each candidate, with an indication of those who were elected; (d) a true copy of the ballots used; (e) the names of the judges and clerks of election; and(f) such other information as may seem pertinent. The city clerk shall forthwith notify all persons elected of the fact of their election. (Ordinance No. 1597, passed on May 9,2011) Section 35. PROCEDURE AT ELECTIONS. The conduct of elections shall be regulated by ordinance,subject to the provisions of this charter and of the General Laws of Minnesota. Section 2: This Ordinance shall be in full force and effect from and after ninety(90) days after its passage. RESOLUTION 2012-070 RESOLUTION APPOINTING THE CITY REPRESENTATIVE TO THE MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION WHEREAS,the City of Columbia Heights entered into an amended Joint Powers Agreement to join the Mississippi Watershed Management Organization,and WHEREAS,the City is to appoint one representative as a member of the Mississippi Watershed Management Organization, NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Columbia Heights, County of Anoka,that City Councilmember Donna Schmitt is hereby appointed as the City representative to the Mississippi Watershed Management Organization.