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HomeMy WebLinkAbout09/10/2012 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY, SEPTEMBER 10, 2012 The following are the minutes for the regular meeting of the City Council held at 7:00 PM on Monday, September 10, 2012 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Pastor Dan Thompson, Columbia Heights Assembly of God 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 Peterson removed item 6A, Resolution No. 2012-108, as the property has been brought into compliance. Under new business, Peterson added scheduling an executive session for labor negotiations on September 24 immediately following the City Council meeting. Motion by Nawrocki to add council corner to the agenda. Peterson called for a second. Motion died for lack of a second. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Recognition - Karen Moeller, Senior Citizens Coordinator Peterson stated that Karen Moeller started working for the City on September 11, 1986. He presented her with a plaque and thanked her for her fantastic service to the City. Moeller thanked those that in 1986 when Murzyn Hall was being refurbished thought to include a senior center. She thanked the Mayor, City Council, City Manager, the Recreation Department, and City Staff for their support to the program. She thanked the community and businesses/citizens for their support and donations. She thanked the seniors that she has worked with. They made the program successful. They are her lifetime friends. She will continue to see them as a Columbia Heights senior citizen. B. Proclamation - Patriot's Day Malcolm Watson, Chaplin of American Legion Post#203, read the Patriot's Day proclamation. This will be celebrated at the Spring Lake Park High School on September 20, 2012. C. Constitution Week - Sandy Connor- Daughters of the American Revolution Mayor Peterson read the Constitution Week proclamation. Conner read information on the history of Constitution Week and read information on the Daughters of the American Revolution organization. She thanked the City for their support of Constitution week. D. Introduction Senior Citizens Coordinator- Delynn Mulligan Keith Windschitl, Recreation Director, introduced Delynn Mulligan, the new Senior Citizen Coordinator and gave her background. He welcomed her to the Recreation Department. Mulligan thanked everyone and spoke of how fortunate she is to be in this position. City Council Minutes Monday, September 10,2012 Page 2 of 9 E. Introduction - Tori Leonhardt, City Clerk Fehst introduced Tori Leonhardt as the new City Clerk. He indicated that previously she worked in Albertville, and she initially worked in our Finance Department/Utility Department. Leonhardt stated she is looking forward to this opportunity. Miscellaneous Diehm announced that on Saturday, September 29, from 11:00 a.m. to 3:00 p.m. there will be a Fire Department Open House. She listed all of the activities that will take place. The Explores will have their chili fundraising event at the same time. John Larkin, Assistant Fire Chief, stated that this year the two events will be combined. There will also be a kitchen fire simulator. Nawrocki indicated that the election will be during the hunting season and reminded everyone that absentee voting can be done at City Hall. Patty Muscovitz, City Clerk, indicated that residents may vote absentee through in person voting at City Hall or download an application from the Anoka County Elections web site to vote by mail. Catherine Vesley, 5431 Matterhorn Drive, spoke of the library fundraiser to be held on September 12th. The Library Task Force report is due in January. The Buster Talbot fundraiser for the Anoka County Historical Society will be held on Thursday, September 20th from 5:00 to 9:00 p.m. at the Courtyards of Andover. Peterson stated that this Friday SACA is having Rock and Roll fundraiser at Murzyn Hall. Schmitt indicated it will feature the original lead singers from Journey and Toto. Diehm stated that a highlight of the Fire Station event will be the Dalmatian exhibit. CONSENT AGENDA City Manager Walt Fehst took the Council members through the Consent Agenda items. A. Approve minutes of the August 27, 2012 City Council meeting. Motion to approve minutes of the August 27, 2012 City Council meeting. B. Accept Board and Commission meeting minutes Motion to accept the July 19 minutes of the Charter Commission. Motion to accept the August 8, 2012 minutes of the Planning and Zoning Commission. Motion to accept the September 5, 2012 minutes of the Planning and Zoning Commission. C. Approve Business License Applications Motion to approve the items as listed on the business license agenda for September 10, 2012 as presented. D. 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 144874 through 145047 in the amount of $673,724.41. Motion by Nawrocki, second by Diehm, to approve the Consent Agenda items. Upon vote: All ayes. Motion carried. PUBLIC HEARINGS A. Adopt Resolution 2012-108, 2215 45th Avenue N.E.,being a Resolution of the City Council of the City of Columbia Heights Approving Rental License Revocation for Failure to Meet the City Council Minutes Monday, September 10,2012 Page 3 of 9 Requirements of the Property Maintenance Codes—removed as the property was brought into compliance. B. Adopt Resolution 2012-112 being Resolution for the Approval of a third accessory structure located at 3918 Ulysses St NE. Jeff Sargent, City Planner, stated the variance is for a third accessory structure. The owner has constructed a kennel to house his cats and was not aware they would need a permit. The Planning and Zoning Commission recommended approval on a 4-0 vote. Sargent showed a site plan of the property. This structure is hard to view from other properties. Motion by Williams, second by Schmitt, to waive the reading of Resolution 2012-112, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Schmitt, to adopt Resolution No. 2012-112, approving the third accessory structure for the property located at 3918 Ulysses St NE, subject to the conditions outlined in Resolution No. 2012-112. Diehm asked if there was any feedback received from the neighbors. Sargent stated there were a few calls. The only complaint was that the cats were wandering are all over the neighborhood. This will solve that issue. Diehm questioned the number of animals per household. Sargent stated we will need to see that it conforms to our ordinance and the number limitation. This is a duplex, so four cats would be allowed. The kennel cannot be altered to become a storage building. Upon vote: All ayes. Motion carried. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1st Reading of Ordinance 1609, being a Zoning Amendment as it Relates to Temporary Signs. Sargent stated that the Planning Task Force began meeting in May. It consisted of one resident, three business owners, and Council member Schmitt. This request is a text amendment to our sign code allowing a grand opening sign to help businesses promote themselves in the community. Sargent stated this would not count toward the number of temporary signs allowed in a year. Nawrocki questioned the sign size limit. Sargent stated the limit is 50 square feet and the sign would be required to be flat against the building. Nawrocki requested to see agendas or minutes from this committee and be on the mailing list. Sargent stated the committee is no longer meeting. A list can be given to Council members. Motion by Diehm, second by Williams, to waive the reading of Ordinance No. 1609, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to set the second reading of Ordinance No. 1609, for Monday, September 24, 2012, at approximately 7:00 p.m. in the City Council Chambers. Upon vote: All ayes. Motion carried. B. Adopt Resolution 2012-111, being a resolution adopting a 2013 proposed budget, setting the proposed City levy, approving the HRA levy, and establishing a budget hearing date for property taxes payable in 2013. Motion by Diehm, second by Williams, to waive the reading of Resolution 2012-111, there being ample copies available for the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Resolution 2012-111,being a resolution City Council Minutes Monday, September 10,2012 Page 4 of 9 adopting a 2013 proposed budget, setting the General, Library, and EDA proposed levy, establishing a budget hearing date for property taxes payable in 2013 of December 10, 2012 at approximately 7:00 p.m. in the City Council Chambers, and approving the HRA levy. Fehst stated in keeping with the City's five year financial plan, the budget was presented in August. He indicated the plan is to offset the loss of Local Government Aid (LGA). The Legislature has discontinued Homestead Credit, from which we received $600,000. Fehst described Fiscal Disparities and stated it has been increasing more than anticipated. The effect was a decrease in property taxes to most residents, rather than the anticipated increase. The net result was a .25%percent increase, mostly from business and industry. When the Legislature deleted the Homestead Credit, they allowed a$30,000 credit on the value of the home to reduce the property value whereby the property tax was determined. Fehst stated that we still need to eliminate our need of LGA and need to continue on our five year plan. Fehst stated in 2003, when we lost our aid, we did not replace employees that left. The City Council did add back a police officer position. Employees were asked to take a two week,unpaid furlough to keep as many jobs as we could. The next year there was no pay increase. Last year there was a one percent increase in expenditures and this year the request for a two percent increase in expenditures. There will be an executive session on Monday, September 24 to discuss labor negotiations. This will be the first property tax increase in three years. Fehst stated this is an initial budget, to be followed by meetings with department heads to review the budget. The budget needs to be complete by the December meeting. Fehst stated that after the adoption of this levy the amount cannot be raised. Fehst complimented Finance Director Kloiber on the job he did on the budget. Nawrocki stated his disappointment that we have not spent more time on the budget. We have had one meeting covering general budget items. He questioned the resolution showing a $900,000 increase. Kloiber stated that the total levy increase would be $400,000. Nawrocki questioned what would increase. Kloiber indicated many items including capital outlay and he described depreciation. There is a two percent supported tax increase across all funds. Nawrocki asked if this includes the county levy. Kloiber stated this only includes the City's HRA levy, not the Anoka County HRA levy. Our Community Development department puts together program proposals that they submit to Anoka County for reimbursement. Fehst indicated that the HRA levy decreases annually. Kloiber stated that Council passes a resolution every five years to approve the County HRA levy. Nawrocki stated he would not vote for this resolution, as it continues to increase the budget. We need to look at budget details and make reductions in proposed expenditures. Nawrocki indicated that if this levy request is not approved tonight, the County will levy the same amount as last year. Fehst indicated responses to work session questions regarding a possible new library building or library building renovation. In 2002 there was $200,000 set aside from fund balances for expansion or a new building. With funds added by the Library Foundation, there is now $255,000. Fehst stated that Council member Schmitt asked what the tax would be if additional funds were set aside in this budget. Fehst stated that an additional $100,000 would add $7.18 per year or$.60 per month on a $100,000 home. Fehst stated that with fiscal disparities, there would be a one year lag. A $200,000 home would pay about $15.00 a year. Williams stated the 2013 budget proposal follows the two year consecutive decrease of city tax for most residents. The HRA levy is decreasing for the fourth consecutive year. Schmitt indicated that the County levy will decrease and the School Board has indicated their levy will not increase. Schmitt stated that she is not really for raising taxes, but there is a great committee looking at a new library and there is interest to do this. It is silly that we have not been putting City Council Minutes Monday, September 10,2012 Page 5 of 9 money aside since then, and combining this with grants or donations. If we had been saving money, we could have the cash to pay for a new library now. She indicated the desire to use some funds from the sale of Parkview Villa,but those funds may be limited to housing. We can, however, continue to add to the fund. Catherine Vesley thanked the Council for seriously working on this. The goal of the Foundation is to build a pool to attract grant funds. Williams stated that work session discussion included adding$500,000 to the fund. He questioned the amount needed to receive grants. We should have been adding funds every year. Kloiber stated a rough guide would be a fifty-fifty match. Vesley referred to the National Endowments. Williams stated that at a National Night Out survey he took, 22 residents were for and two residents were against a new library. Fehst stated that the gymnasium was built with money from fund balances and without increasing property taxes. He suggested we could again draw down the fund balances, where the current $200,000 came from. Fehst stated that we do not know the amount that would be needed. He felt that if the tax increase was under $50 a year, residents would be supportive. Schmitt asked Kloiber if there would be any surplus at the end of this year. Kloiber stated he does expect a surplus, as there would be a legal violation if we went over our budget. We could estimate the amount in December. Diehm stated that she serves as liaison to the Library Board and is a strong supporter of a new library. We have built a gym and a public safety building. We have chosen the projects we want to invest in. Investigation continues on the use of funds from the sale of Parkview Villa. If we have to use the funds for housing, it may lighten other areas of the budget. Diehm stated that she was not in favor of adding funds to the levy tonight, but is pleased to consider this as an important part of our future. Nawrocki stated that the $200,000 was intended to serve as a base for the Library Foundation to raise money to qualify for grant submissions. There is a fundraising dinner this Wednesday night. Nawrocki stated that the committee was set up to look at a new library and a city hall. He is not in favor of a new city hall. He referred to the interest payments required for the Public Safety building. The two new liquor stores add to our interest payments, with the hope to pay the debt service with profits. Before action is taken on a new library, we would need to know what this would add to the budget. Nawrocki stated that on National Night Out, two or three people expressed to him that we do not need a new library. The numbers from the committee should go out to all residents and should be based on a referendum vote. The library did a survey with a total of about 300 responses. Peterson stated we have a good group of people studying our library needs. They meet regularly and are doing a great job. Peterson referred to when the capital improvement fund was started and to building the gym without borrowing money. He stated his belief that our community should move ahead, but we are very careful how we spend our money. Peterson felt there would not be library buildings funds added tonight,but we may look at extra funds to be set aside for this. Schmitt agreed, as that would not increase the levy. Kloiber stated that any action is a starting point for the State's Truth and Taxation requirements. There are four additional meetings proposed after tonight to discuss the budget. Kloiber referred the question during last year's auditor reported on the CAFR regarding wage increases and the need to look at a larger picture than just one year. The 3.36% increase for 2013 averages out to City Council Minutes Monday, September 10,2012 Page 6 of 9 0% over that last three years. Nawrocki requested that the chart on debt service accounts be copied for Council members. Upon vote: Schmitt, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes— 1 nay. Motion carried. C. Bid Considerations—none D. New Business and Reports Motion by Williams, second Diehm, to set a labor negotiations executive session for September 24, immediately following the City Council meeting; and include budget work session meetings on October 1 and 29 at 7:00 p.m. There are special assessment hearings scheduled for October 1 beginning at 6:00 p.m. Upon vote: All ayes. Motion carried. ADMINISTRATIVE REPORTS Report of the City Manager Fehst stated that he, the Mayor and the Police Captain will attend the School Board meeting tomorrow evening to share our League of Minnesota Cities award and our International Police award with them. Fehst indicated that Highway 65 improvements will begin on September 10th, and will include new fiber optic cable and signal improvements. Fehst mentioned that our Standard and Poors rating was increased by two levels proving good stewardship on behalf of the Council. Report of the City Attorney—nothing to report CITIZENS FORUM Peterson stated he flew on a C130 to visit the airbase in South Carolina. Minneapolis has eight flying Viking C 130's. In South Carolina they have 56 C 17's, which are huge. He described the tour and the work done at this base. It is very impressive seeing our service men and women in action. Don't forget our service men and women. Thank them for their service. Nawrocki requested a copy of the fire fighters annual report. Peterson stated "Don't take ourselves too seriously and do a random act of kindness". "Don't forget tomorrow is September 11". ADJOURNMENT Mayor Peterson adjourned the meeting at 9:05 p.m. 177---) , ( utzC City Clerk City Council Minutes Monday, September 10,2012 Page 7 of 9 RESOLUTION NO. 2012-112 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR STEVEN MAAS WHEREAS, a proposal (Case#2012-0902)has been submitted by Steven Maas to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 3918 Ulysses Street NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A variance for a third accessory structure per Code Section 9.106 (C)(1)(a). WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on September 5, 2012; 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 harmony 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 must obtain a building petmit for the kennel. City Council Minutes Monday, September 10,2012 Page 8 of 9 3. The kennel must meet the minimum setback requirements for an accessory structure, being setback no closer than 3 feet from the side or rear property lines. 4. The kennel may house no more than 4 cats at any one time, with the understanding that no more than 2 cats may belong to the owners/tenants of each side of the duplex. 5. The kennel may not be altered in any manner in order to be used as a storage structure. RESOLUTION 2012-111 RESOLUTION ADOPTING A PROPOSED BUDGET FOR THE YEAR 2013,SETTING THE PROPOSED CITY LEVY,APPROVING THE HRA LEVY,APPROVING A TAX RATE INCREASE,AND ESTABLISHINGA BUDGET HEARING DATE FOR PROPERTY TAXES PAYABLE IN 2013. NOW,THEREFORE BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: that the following is hereby adopted by the City of Columbia Heights. Section A. The budget for the City of Columbia Heights for the year 2013 is hereby approved and adopted with appropriations for each of the funds listed below. General Fund 10,632,442 Community Development Fund 231,249 Economic Development Fund 324,060 State Aid 171,677 Cable Television 103,312 Library 804,901 Infrastructure 152,297 Capital Improvement 294,228 Capital Equipment Replacement Funds 533,468 Construction Funds 2,157,000 Central Garage Fund 690,105 Liquor Operating 8,443,594 Liquor Capital/Non-Operating 557,347 Water Utility Fund 2,645,405 Sewer Utility Fund 2,339,047 Refuse Fund 1,800,656 Storm Sewer Fund 377,117 Data Processing 323,524 Debt Service Fund 2,487,817 Total Expense Including Interfund Transfers 35,069,246 Section B. The estimated gross revenues to fund the budget of the City of Columbia Heights for all funds, including general ad valorum tax levies and use of fund balances,as hereinafter set forth for the year 2013. Revenue General Fund 10,632,442 Community Development Fund 231,249 Economic Development Fund 324,060 State Aid 171,677 Cable Television 103,312 Library 804,901 Infrastructure 152,297 Capital Improvement 294,228 Capital Equipment Replacement Funds 533,468 City Council Minutes Monday, September 10,2012 Page 9 of 9 Construction Funds 2'157,000 Central Garage Fund 690,105 Liquor Operating 8,443,594 Liquor Capital/Non-Operating 557'347 Water Utility Fund 2,645,405 Sewer Utility Fund 2,339,047 Refuse Fund 1,800,656 Storm Sewer Fund 377'117 Data Processing 323,524 Debt Service Fund 2'487'817 Total Revenue Including Interfund Transfers 35'058'246 Section C. The following sums of money are levied for the current year,collectable in 2013 upon the taxable property in said City of Columbia Heights,for the following purposes: Estimated General Fund Levy 7'973,404 Estimated Library Levy 777,000 Estimated EDA Fund Levy 84,811 Total 8,835'215 Section D. The City Council of the City of Columbia Heights hereby approves the Housing and Redevelopment Authority Tax Levy for the fiscal year 2013 in the amount equal to the lesser of a levy at a rate of.0185percent of taxable market value in the City or$209,790. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: That the public budget hearing is scheduled for December 10,2012 at approximately 7:00 p.m. in the City Council Chambers. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS,COUNTY OF ANOKA, MINNESOTA: That the County Auditor is authorized to fix a property tax rate for taxes payable in the year 2013 that is higher than the tax rate calculated for the City for taxes levied in 2011 collectable in 2012. BE IT FURTHER RESOLVED: That the City has adequate fund balances and reserves to pay bond principal and interest payments on General Obligation Bond Series 2006A in the amount of$106,739 and that the County Auditor is authorized to cancel the related Bond Levy in its entirety for taxes payable 2013. BE IT FURTHER RESOLVED: That the City has adequate fund balances and reserves to pay bond principal and interest payments on General Obligation Bond Series 2008B in the amount of$225,000 and that the County Auditor is authorized to cancel$225,000 of the related Bond Levy for taxes payable in 2013,leaving a balance of$436,545 to be levied for taxes payable in 2013 for Series 2008B. BE IT FURTHER RESOLVED: That the City has adequate fund balances and reserves to pay bond principal and interest payments on General Obligation Bond Series 2009A in the amount of$103,900 and that the County Auditor is authorized to cancel$103,900 of the related Bond Levy for taxes payable in 2013,leaving a balance of$129,161 to be levied for taxes payable in 2013 for Series 2009A. The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Anoka County, Minnesota. Approved this 10th day of September 2012 Offered By: Williams Seconded By: Diehm Roll Call: Ayes: Peterson,Williams,Diehm,Schmitt Nays: Nawrocki