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HomeMy WebLinkAboutOctober 11, 2004OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING OCTOBER 11, 2004 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, October 11, 2004 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. Pastor Paul Widen, Oak Hill Baptist Church gave the Invocation. CALL TO ORDER/ROLL CALL Mayor Wyckoff called the meeting to order at 7:15 p.m. following the two Special Assessment Hearings. Present: Mayor Wyckoff, Councilmember Williams, Councilmember Nawrocki, Councilmember Ericson, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA Nawrocki questioned the refuse contract. Fehst stated that the contract is not complete. Nawrocki added discussion of the December City newsletter. Wyckoff placed this under 7C - Other Business. PROCLAMATIONS~ PRESENTATIONS~ RECOGNITIONS AND GUESTS Presentations Columbia Heights Boosters Club - donation for Community Center Study Fehst welcomed Gary Mayer, Jerry Foss, and Aurora Johnston, of the Columbia Heights Athletic Boosters Club. Mayer, CEO, indicated that the Boosters support the concept of a new community center and presented the City with a check for $5,000 to complete a demand analysis. Johnston stated this is done by a research company that has data available to assess the surrounding areas and identify what current amenities are available, while considering needs, future clientele and developments. The company would consider sites that have been discussed and assess what would be the most ideal situation. Public meetings would be held. Wyckoff questioned the time line. Aurora stated it would be November 15th to December 1st. CONSENT AGENDA Walt Fehst City Manager took Council through the consent agenda. 1) Approve City Council Meeting Minutes for September 27, 2004 regular City Cotmcil meeting Motion to approve the minutes of the September 27, 2004 regular City Council meeting as presented. Nawrocki expressed displeasure at having his questions at the last meeting, regarding the Schafer/Richardson contract, cut off. Wyckoff stated the motion to move on was passed by a Council majority. Williams stated his appreciation of the questions and would have giving Councilmember Nawrocki his time to speak. Ericson expressed that all Councilmembers have the right to ask questions, but they can be asked of staff in advance, as we ask residents to limit their discussion to five minutes. Many of the same questions were asked at the EDA meeting prior to the Council meeting and it is our ditty to ask concise questions. Nawrocki indicated he stated at the EDA meeting that he would save his questions for the Council meeting to be accommodating and to ensure openness in government. Ericson stated the meeting lasted until almost l :O0 a.m. and that residents have a right to hear the business of the City before they go to sleep. Nawrocki stated that five minutes is not a rule of this Council, and both meetings should not have been on the same night. Wyckoff indicated he should have held a separate meeting, and it is her right to move the meeting City Council Minutes October 11, 2004 Page 2 of 11 along. Fehst stated the time limit is self-imposed by Council, and if members wish to meet with the financial consultant they can do so at any time. 2) Accept Boards and Commissions Meeting Minutes Motion to accept the October 5, 2004 minutes of the Planning and Zoning Commission Nawrocki questioned 640 40th Avenue, a duplex, being billed for two sets of service when used only by one family. Fehst stated the property is non-conforming for duplex use. The owner has indicated that a previous building official stated that he might as well continue to pay duplex fees if he ever intended to sell it as such and he requested the money be refunded Fehst stated that we must look at how to handle this in the future, l, Vyckoff stated it is the owner's responsibility to keep the City informed Jim Hoeft, City Attorney, stated that no one has spoken to the former employee for his interpretation. Ericson suggested this be discussed at a work session. She suggested that when a license does lapse, the owner be notified of their options. 3) Adopt Resolution No. 2004-64, being a Resolution to certify delinquent utility and miscellaneous charges to Anoka County for collection with the property taxes payable in 2005 Motion to waive the reading of Resolution 2004-64 there being muple copies available to the public. Motion to adopt Resolution 2004-64 being a resolution to certify delinquent utility and miscellaneous charges to Anoka County for collection with the property taxes payable in 2005. RESOLUTION NO. 2004-64 CERTIFICATION OF DELINQUENT UTILITY AND MISCELLANEOUS CHARGES BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, that THE COUNTY AUDITOR be, and is hereby directed, to levy delinquent utility and miscellaneous delinquent bills on the properties in the City of Columbia Heights as listed on page two of this resolution and filed in the Assessment Book for 2004 totaling $ 9,080.52. BE IT FURTHER RESOLVED that the foregoing amounts shall be included in the individual property tax statements for the current year and identified thereon as "Special Assessments." SAID CHARGES shall be enforced and collected in the manner provided for the enforcement and collection of State and County taxes under and in accordance with the provisions of the general laws of the State. All delinquent utility and miscellaneous bills with penalties as indicated thereon paid to the County Treasurer shall belong to the City of Columbia Heights and shall be turned over to the City Treasurer in the manner provided by the City Charter and Ordinances. THE CITY OF COLUMBIA HEIGHTS shall accept payments on these utility and miscellaneous bills until November 15, 2004. Upon receipt of said payments, the City will remove them fzom the certification list sent to Anoka County. 4) Authorize Lease Amendment with Heritage Investment Trust Inc. for Top Value 1 Motion to authorize the Mayor and City Manager to enter into a contract amendment with Heritage Investment Trust, Inc. to extend our current lease at 4340 Central Avenue for an additional 38 months at a rental rate of $7.85 per square foot with the option to extend the lease for an additional 36 months at a rental rate of $8.64 per square foot. Fehst stated that the five year lease, with a five year option for our liquor store next to Rainbow Foods, expires this fall. Bill Elrite, Finance Director stated that terms were renegotiated to a reduced rate from $8.64for the five year option to $7.85 and a three year lease with a 36 month option. Nawrocki indicated that we do not receive good information on the CAM charges or how they are calculated. Larry Scott, Liquor Store Manager, stated the second three years would be negotiable and would be at a slightly higher rate. This would be done as an addendum to the City Council Minutes October 11, 2004 Page 3 of 11 current contract. Nawrocki stated that he had suggested the use of Councilmember Williams to help negotiate for a better deal. Elrite stated that the CAM charges in our lease are the same as in 1984. He indicated that the statements and information received are very limited, but some of the charges have been negotiated down. They are not interested in renegotiating CAM. This was a good will effort to reduce the monthly rate and to write the lease in shorter terms to keep our options open. Over the first three years we will save $14,000. Fehst stated that he remembered hearing Councilmember Nawrocki say that the CAM charges were not out of line. 5) Adopt Resolution No. 2004-65 being a Resolution of revised fees charged by the Columbia Heights Police Department Removed 6) First Reading of Ordinance No. 1477, being and Ordinance amending 853-10.108(6) City Code of 1977, Pertaining to Public Nuisances Motion to waive the reading of Ordinance No. 1477 there being ample copies available to the public. Motion to schedule the second reading of Ordinance No. 1477, being an ordinance amending Ordinance 853-10.108(6), City Code of 1977 authorizing the Ordinance violation of Public Nuisance under 10.108(6)(a) to be charged as a petty misdemeanor and subject to the penalties set forth by Resolution. Police Chief Tom Johnson gave the history on administrative tag usage, and that we stopped using them a year ago as the State gave an opinion that it was not legal to do. This Ordinance would allow the charge to be made as a Public Nuisance for minor speeding, running stop signs and making illegal turns. The proposed fee wouM be $45 paid directly to the City. It would be the Officer's option to issued a County/State tag. Wyckoff questioned the speeds considered for the public nuisance charge. Johnson indicated one to ten, or possibly 15 miles over the limit, at the discretion of the Officer. If the ticket is disputed, it would go through the County system. Wyckoff referred to comments that Officers would be more likely to stop someone if the fine goes to the City. Johnson stated that the large cost of the State/County tag is a lot for our community and that a public nuisance tag would allow for correction of action. Nawrocki questioned petty misdemeanor fees. Hoeft indicated current fines charged and that we lose money on every speeding ticket issued. Williams stated this is long overdue. 7) Approve Transfer of Safe and Sober Funds from General Fund to Police Department Budget O.T. 8) 9) line 1020 Motion to transfer $1,294.30, the total amount of money received from the state of Minnesota for our efforts in the Safe and sober program, from the General Fund to the Police Department 2004 budget line #1020 overtime. Support request of Columbia Heights Athletic Boosters regarding Charitable Gambling Lease Limits Removed Authorize Continuation of the Public Hearing for Resolution No. 2004-55, Adopting a Modification to the Downtown Central Business District (CBD) Revitalization Plan for the CBD Redevelopment Proiect and Establishing the Huset Park Area TIF District and TIF Plan to Monday, October 25, City Council Minutes October 11, 2004 Page 4 of 11 2004 at approximately 7 p.m. in the City Council Chambers Motion to authorize Continuation of the Public Hearing for Resolution No. 2004-55, Adopting a Modification to the Downtown Central Business District (CBD) Revitalization Plan for the CBD Redevelopment Project and Establishing the Huset Park Area TiF District and TiF Plan to Monday, October 25, 2004 at approximately 7 p.m. in the City Council Chambers. Fehst stated that items 9 and 10 were tabled at the September 27, 2004 City Council meeting and need to be continued as an order of form. 10) Authorize Continuation of the Public Hearing for Resolution 2004-54, approving the elimination of parcels from the TIF 4 Multi Use Redevelopment Project (MURP) K2 TIF District to Monday, October 25, 2004 at approximately 7 p.m. in the City Council Chambers Motion to authorize Continuation of the Public Hearing for Resolution 2004-54, approving the elimination of parcels from the TIF 4 Multi Use Redevelopment Project (MURP) K2 TIF District to Monday, October 25, 2004 at approximately 7 p.m. in the City Council Chambers 11) Establish a Hearing Date of October 25, 2004 for revocation or suspension of rental property license at 1308-10 and 1324-26 Circle Terrace Blvd. Motion to establish a hearing date of October 25, 2004 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Edward Fragale at 1308-10 & 1324-26 Circle Terrace Blvd. N.E. 12) Approve Business License Applications Motion to approve the items as listed on the business license agenda for October 11, 2004 as presented. 13) Approve Payment of Bills Motion to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 110068 through 110241 in the amount of $738,782.92. Nawrocki questioned the extra $500 on check #33071for the study exercise. Fehst stated this was for expenses. Nawrocki questioned check #110174 Environment Resources for $6,300 tank removal at NEI and why this was not covered in the original contract. Fehst stated that the tank was removed prior to demolition and under separate contract. Motion by Williams, second by Nawrocki, to approve the Consent Agenda items with the exception of items number 5 and 8. Upon vote: Ayes - Wycko£f, Williams, Nawrocki, Ericson, Kelzenberg. Motion carried. #5 Adopt Resolution No. 2004-65 being a Resolution of revised fees charged by the Columbia Heights Police Department Nawrocki questioned why this was not part of the budget process. Fehst stated that fees are reviewed yearly. Johnson stated that Staff was directed to look at fees charged to cover our costs and to have them in place before the first of the year. Information on fees was requested from eleven other agencies. He stated consideration was given to residents, with fee increases aimed at non-residents. Nawrocki requested to see the survey and questioned the charge for fingerprinting children. Johnson indicated there is no charge for residents, non-residents $10, and child fingerprinting is a different program and will always be free. Nawrocki questioned picture printing, letter of good standing, and impounded vehicles. Johnson explained the cost and time involved. He stated there are five to ten letters of good standing written per month for things such as adoptions and immigration. Fees for towing go to the towing company. City Council Minutes October 11, 2004 Page 5 of 11 Williams commended Chief Johnson for doing this, indicating some of the fees are still low. Wyckoff thanked him also, as there is a lot of paper work involved and user fees should cover costs. Wyckoff spoke of the amount we would have generated if these fees had been in place this year. Motion by Ericson, second by Williams, to waive the reading of Resolution No. 2004-65, there being ample copies available to the public. Upon vote: Ayes - Wyckoff, Williams, Nawrocld, Ericson, Kelzenberg. Motion carried. Motion by Ericson, second by Williams, to adopt Resolution No. 2004-65, being a Resolution establishing various fees charged by the Columbia Heights Police Department starting on January 1, 2005. Upon vote: Ayes - Wyckoff, Williams, Nawrocki, Ericson, Kelzenberg. Motion carried. RESOLUTION NO. 2004-65 BEING A RESOLUTION ESTABLISHING A POLICE DEPARTMENT FEE SCHEDULE WHEREAS, the Columbia Heights Police Department has surveyed fees charged by eleven other police agencies in the County; and, WHEREAS, the fees currently charged do not reflect the costs we incur while performing the service; and, WHEREAS, the Columbia Heights Police Department chooses to establish or modify fees to reflect the costs incurred; and, WHEREAS, the attached fee schedule would be implemented on January 1, 2005; NOW THEREFORE BE IT RESOLVED, that the attached proposed fee schedule be adopted effective January 1, 2005. #8 Support request of Columbia Heights Athletic Boosters regarding Charitable Gambling Lease Limits Fehst stated this has been discussed before, but we have now received a formal Resolution from the Columbia Heights Athletic Boosters requesting a Resolution amendment regarding all inclusive amounts charged with pull tab booth rental. This would allow total rent paid, based on the amount of volume, not to exceed $1,700 per month as per State Statute. Our present policy states $1,000. The City Attorney states we can defer to State Statute. Fehst stated that Maureen Caschuska, Immaculate Conception Church Gambling Manager indicated her understanding that all local gambling organizations would meet to discuss this. He referred to a letter from Bruce Hillson, Star Central Bar, regarding fees charged. Wyckoff indicated that the letter from Hillson states he would see more profit by having more customer tables. Fehst stated that staff is neutral on this. Nawrocki stated that VWF Post #230 is their own landlord, so are not in the same position as the other groups. Jerry Foss, 4412 2nd Street, Gambling Manager for the Columbia Heights Athletic Boosters, explained their reasoning for the increase request, such as rising costs for trash removal. The State Statute would be all inclusive and would not allow for additional charges for garbage, heat and electric. It would benefit organizations as the rate is on a sliding scale to percentage of sales. If there were two organizations in the same building, the total rent could not be more than $1,700. Hoeft indicated our Resolution states $1,000 and is all inclusive, but does not state if it is per group or per building. Nawrocki indicated that our Resolution states that the group must be a member of the community for 10 years, which is protection for local organizations. Hoeft stated that if inclined to defer to State Statute we need to revise our resolution, which would keep other current requirements in place. He stated no dollar mount would be listed, but refer and defer to the State Statute. Nawrocki stated he would argue against the change, as the idea was to raise money for charitable purposes. City Council Minutes October 11, 2004 Page 6 of 11 Councilmembers questioned Mr. Foss about booth size, utility costs, and proceeds. Maureen Caschuska spoke to the rise in rental costs over the years and that other cities wish they had our rental cap. She stated their charity has not paid above $1,000 a month, and can not understand the request to permit a rent increase of 75 percent, which takes from the charities and gives to the bar owner. Hoeft stated that it is a charitable organization requesting the change. Ericson stated that businesses are not required to keep these organizations in their establishment. Fehst stated it is a draw for the bar. Hoeft indicated this motion would show support for staff to bring forward language for this change. Motion by Kelzenberg, second by Ericson, to support the Columbia Heights Athletic Boosters Club request to have staff bring forth an amendment pertaining to lease amounts in Resolution No. 2004- 23 Authorizing Certain Charitable Gambling in Columbia Heights. Upon vote: Kelzenberg, aye; Williams, aye; Ericson, aye; Nawrocki, nay; Wyckoff, aye. 4 ayes - 1 nay. Motion carried. PUBLIC HEARINGS A) Public Hearing called for Revocation/Suspension of Rental Housing License at 4612 Polk Street Mayor Wyckoff closed the Public Hearing regarding the revocation or suspension of the Rental License held by Marilyn Dalseth regarding rental property at 4612 Polk Street in that the violations on the property have been corrected. t3) Adopt Resolution No. 2004-66, being a Resolution of the City of Columbia Heights declaring the property at 4152 Cleveland Street NE a nuisance and approve the abatement of violations from the property pursuant to City Code Section 8.602 Gary Gorman, Assistant Fire Chief, referred to the history of the property, inspections completed, and contacts with the Building Inspection and Housing Code Departments. The property remains the same as on September 27th. Building permits were obtained for some items, but have expired. Gorman showed pictures of the property. He asked the City Council to declare this property a nuisance. Staff will arrange abatement, storage, and completion of the house siding, assessing the cost to the property owner or the property. Kelzenberg questioned if we would hire low bid to finish the construction. Gorman stated yes, and they would be required to obtain building permit. Williams stated this is an ongoing four year violation and repeated inspections have been very expensive for the City. Fehst referred to City Goals and Objectives for quicker clean up of such nuisances. Gorman stated that there are a number of properties in the City that have stretched out these problems for more than a year that we want to get cleaned up. Nawrocki indicated there would be formal notices going to the property owner. Motion by Nawrocld, second by Williams, to waive the reading of Resolution No. 2004-66, there being ample copies available to the public. Upon vote: Ayes - Wyckoff, Williams, Nawrocki, Ericson, Kelzenberg. Motion carried. Motion by Nawrocki, second by Williams, to adopt Resolution No. 2004-66, being a Resolution of the City Council of the City of Columbia Heights declaring the property at 4152 Cleveland Street N.E. a nuisance and approving the abatement of violations fi-om the property pursuant to City Code Section 8.602. Upon vote: Ayes - Wyckoff, Williams, Nawrocki, Ericson, Kelzenberg. Motion carried. City Council Minutes October 11, 2004 Page 7 of 11 RESOLUTION 2004-66 Resolution Of The City Council For The City Of Columbia Heights Approving Abatement Of Ordinance Violations Pursuant To Chapter 8, Article Vi, Section 1 Of City Code, Ordinance Violations Exist On Property Owned By David Caroon (Hereinafter "Owner Of Record"). Whereas, Owner Of Record Is The Legal Owner Of The Real Property Located At 4152 Cleveland Street, Columbia Heights, Minnesota, And Whereas, Pursuant To Columbia Heights Code Section 8.602(1)(B), Written Notice Setting Forth The Causes And Reasons For The Proposed Council Action Contained Herein Was Sent Via Certified And Regular Mail To The Owner Of Record On September 29, 2004. 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: FIND1NGS OF FACT 1. That on January 31, 2001 an inspection was conducted and two violations were noted. A compliance order was sent by regular mail to the owner of record. 2.That on February 22, 2001, an extension was given to May 31,2001 to complete the work. 3. That on May 31, 2001, a reinspection was performed and the violations were not corrected. A compliance order was sent by regular mail to the owner of record. 4. That on July 6, 2001, a reinspection was performed and the violations were not corrected. A compliance order was sent by regular mail to the owner of record. 5. That on July 25, 2001 the owner received a ninety (90) day building permit to finish the siding work. The violations were closed in the RMC office file. 6. That on April 18, 2002 an inspection revealed that the owner did not finish the work and the building permit had expired. A compliance order detailing two violations was sent to the owner of record by regular mail. 7. That on April 23, 2002 the owner received a ninety (90) day building permit to finish the siding work. The violations were closed in the RMC office file. 8. That on September 12, 2002 a reinspection was performed and the violations were not corrected and the building permit had expired. A compliance order was sent by the regular mail by regular mail to the owner of record. 9. That on November 14, 2002, a reinspection was performed and the violations were not corrected. A compliance order was sent by regular mail to the owner of record. 10. That on July 18, 2003, a reinspection was performed and the violations were not corrected. An administrative citation was issued. 11. That on August 26, 2003, a reinspection was performed and the violations were not corrected. The property file was given to the building department to complete enforcement. Violations were closed in the RMC office file 12.That on September 3, 2003, the Building Official sent the property owner a letter. 13. That on October 21, 2003 a complaint about outside storage and junk vehicles was received. Enforcement was handled by the Police Department. 14. That on September 27, 2004 the police department inspected the property and found a large amount of outside storage, debris and junk vehicles along with the house and garage siding replacement work not finished. A compliance order was sent by certifed mail to the owner of record. 15. That based upon said records of the Fire Department, the following conditions and violations of City Ordinance(s) were found to exist, to-wit: 1) Shall complete all/any exterior work on the house. This work requh'es a building permit. (Chapter 5A, Section 5A.205(1)(a), Section 5A.205(1)(g)). 2) Shall remove all/any outside storage from the property (Chapter 5A, Section 5A.207(1)(f)). 16. 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 8.602(1)(a) and 8.602(1)(b). CONCLUSIONS OF COUNCIL 1. That the property located at 4152 Cleveland Street is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement attached hereto; 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 4152 Cleveland Street constitutes a nuisance pursuant to City Code. 2. That a copy of this resolution/order shall be served upon all relevant parties and parties in interest. 3. That any motion for smmnary enforcement shall be served upon all relevant parties and parties in interest. 4. That all service provided for herein shall be in accordance with Minnesota Statute 483.17, subd. 2 City Council Minutes October 11, 2004 Page 8 of 11 ITEMS FOR CONSIDERATION Other Ordinances and Resolutions 1) Second Reading of Ordinance No. 1476, being an Ordinance providing for the issuance and sale of approximately $2,045,000 G.O. Tax increment Refunding Bonds, Series 2004A Fehst stated this would allow closing the bond early and would save $1,000,000 over four years. He listed the timetable to accomplish this bond sale in November. Motion by Nawrocki, second by Williams to waive the reading of Ordinance No. 1476, there being ample copies available to the public. Upon vote: Ayes - Wyckoff, Williams, Nawrocki, Ericson, Kelzenberg. Motion carried. Motion by Nawrocki, second by Williams, to adopt Ordinance No. 1476 being an ordinance providing for the issuance and sale of approximately $2,045,000 in Tax Increment Refunding Bonds, Series 2004A. Williams stated that the present interest rate is seven percent and the new rate would be under three percent. Upon vote: Ayes - Wyckoff, Williams, Nawrocki, Ericson, Kelzenberg. Motion carried. ORDINANCE NO. 1476 ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF APPROXIMATELY $2,045,000 GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 2004A THE CITY OF COLUMBIA HEIGHTS, MINNESOTA DOES ORDAIN: 1. It is hereby determined that: (a) the City of Columbia Heights, Minnesota (the "City") is authorized by the provisions of Minnesota Statutes, Chapter 475, as amended (the "Act"), and Section 475.67, Subdivision 13 of the Act to issue and sell its general obligation bonds to refund outstanding bonds when determined by the City Council of the City (the "City Council") to be necessary and desirable; (b) it is necessary and desirable that the City issue its General Obligation Tax Increment Refunding Bonds, Series 2004A (the "Bonds"), in the approximate original aggregate principal amount of $2,045,000, to refund in advance of maturity and at their redemption date, the certain general obligation bonds previously issued by the City; (c) the outstanding bonds to be refunded by the City (the "Refunded Bonds") consist of the City's General Obligation Tax Increment Capital Appreciation Bonds, Series 1990, dated August 23, 1990, originally issued in the principal amount of $2,399,710.75, of which $1,179,703.60 in original principal amount is callable on September 1, 2005. 2. Ehlers & Associates, Inc. is authorized to negotiate the sale of the Bonds in the approximate principal amount specified in Section 1 of this ordinance, in accordance with terms of proposal approved by the Finance Director of the City. The City Council will meet on Monday, November 22, 2004 or such other date specified by the City Manager in accordance with the City Charter, to consider the sale of the Bonds and take any other appropriate action with respect to the Bonds. 3. This ordinance shall be in full force and effect from and after thirty (30) days after its passage. 2) Second Reading of Ordinance No. 1475, Case #2004-0702, Industrial Park Rezoning Fehst stated that as the City Council has approved the amendment to the Comprehensive Plan, this request is to change the zoning to be consistent with the Plan. Nawrocki repeated his question from the last meeting regarding the address of 3700 5th Street. Fehst stated it is owned by Grief Brothers. Hoeft described the location of this address. Ellen Berkelhamer, City Plam~er, indicated that is a correct address for one of the parcels, and is a legal address. Motion by Williams, second by Kelzenberg, to waive the reading of Ordinance 1475, there being ample copies available to the public. Upon vote: Ayes - Wyckoff, Williams, Nawrocki, Ericson, Kelzenberg. Motion carried. City Council Minutes October 11, 2004 Page 9 of 11 Motion by Williams, second by Kelzenberg, to Adopt Ordinance 1475, being an Ordinance pertaining to Zoning and Development Ordinance No. 1428, pertaining to the rezoning of certain properties located at 317 37th Avenue NE; 450, 515, and 517 38th Avenue NE; 5i0, 550, 600 and 620 39th Avenue NE; and 3700, 3800, 3801 and 3901 5th Street NE. Upon vote: Kelzenberg, aye; Williams, aye; Ericson, aye; Nawrocki, nay; Wyckoff, aye. 4 ayes - 1 nay. Motion carried. ORDiNANCE 1475 BEiNG AN ORDiNANCE PERTAiNiNG TO ZONiNG AND DEVELOPMENT ORDiNANCE NO. 1428, PERTAINiNG TO THE REZONING OF CERTAIN PROPERTIES LOCATED AT 317 37TH AVENUE NE; 450, 515, AND 517 38TH AVENUE NE; 510, 550, 600 AND 620 39TH AVENUE NE; AND 3700, 3800, 3801 AND 3901 5TH STREET NE SECTION 1: WHEREAS, the City of Columbia Heights adopted the Industrial Area Redevelopment Plan to set a framework for redevelopment options for the greater Industrial Park area; and WHEREAS, the City of Columbia Heights recognizes that the I-1 Industrial zoning does not allow the flexibility needed to accormnodate successful redevelopment in accordance with the Industrial Area Redevelopment Plan; and WHEREAS, rezoning fi'om I- 1 Industrial District to MXD, Mixed-Use District provides flexibility in the project redevelopment, and allows for mixed residential and commercial components as part of the redevelopment project area; and WHEREAS, the rezoning is consistent with the City Comprehensive Plan, as amended by Resolution 2004- 59, and is in the public interest and not solely for the benefit of a single property owner; and WHEREAS, the zoning classification of the property within the general area of the Industrial Park Redevelopment area compatible with the proposed Mixed-Use zoning classification, and WHEREAS, the objective of the 2003 Industrial Area Redevelopment Plan was to provide a catalyst for change in the area and the proposed rezoning will be the genesis for transformation of the area, which necessitates the need to consider rezoning for a more appropriate use; and BE IT FURTHER RESOLVED that the Planning Commission has reviewed and recommends approval of the proposed rezoning from I-1, Industrial to MXD, Mixed-Use District. SECTION 2: This ordinance shall be in fidl force and effect from m~d after 30 days after its passage. c) D) Bid Considerations -none Other Business Nawrocki indicated the desire for the December City newsletter to objectively explain the budget and describe the Truth and Taxation Hearing. Wyckoff suggested he create an objective draft article. ADMINISTRATIVE REPORTS Report of the City Manager Fehst indicated that the incident at the Islamic Center that was reported on TV was a random fire in the storage bin. We have paid particular attention to that property for some time. They are asking for more security for their property. They do have the right to hire private security, i£they so choose. Wycko££ indicated receipt of a letter from the Star Central Bar requesting a 2:00 a.m. bar closing time. Fehst suggested Council discuss this at a work session. He stated that our concern is that our Police Department ends their sl~ft at 2:00 a.m. If we have additional costs due to the closing time, we may require additional licensing costs. The Police Chief will prepare a report on this issue. Nawrocki asked that our Officers check to see if people are leaving the bar at 11:30 p.m. to go to other towns. Wyckoff asked sta£fto find out what Fridley and St. Anthony are doing. Nawrocki stated that the attachment to the October 11th green sheet was omitted. City Council Minutes October 11, 2004 Page 10 of 11 Nawrocki referred to the Salvation Army transitional housing at 1004-1006 Gould, stating they have their permits and comments from the neighbors are good. Necessary work on the building was discussed. Nawrocki questioned if they have a duplex license. Fehst stated this is zoned R3. Ericson stated that the Zoning Ordinance allows for transitional housing, up to six persons. Wyckoff indicated this is minimum security housing for prisoners just released. Nawrocki requested a copy of the green sheet article from when the facility opened. Nawrocki stated that 4332 5th Street is a fire mess that needs to be cleaned up. Fehst stated the owner has retained a contractor, will pull a building permit, and hopes to finish repairs by the end of the month. Nawrocki stated that replacement of the garage is fine, but the existing damage should be cleared now. Fehst stated there was a lack of cooperation by the insurance company. Nawa'ocki indicated there is still junk in the yard at 3730 Tyler, which is not entirely building material. Hoeft indicated that the Assistant Fire Chief would talk to the property owner again; the question is whether this can fall under the first abatement. Hoeft stated his opinion that it could not. Williams stated that the MHFA loan program interest rate is 5.5 percent. Fehst indicated that anyone interested could call the Community Development Department. Williams questioned the location of the new Applebee's. Fehst indicated that we have heard several locations at this time. E) Report of the City Attorney Hoeft stated his understanding that the Applebee's would be located on Central Avenue. CITIZENS FORUM Elaine Feely, Colmnbia Village resident, gave the background of the deer in the Milmeapolis Water Works facility. She stated public meetings have been unsuccessful. Concerned citizens have found an owner of a deer photography farm that will hire a profession to transport the deer, with a country singer offering to pay all expenses. Feely showed pictures of the deer to prove their good health, She stated that Adam Kramer of the Water Works said he would consider retaining three to five deer. Concerned citizens would like to see all the deer removed rather that removal by bow hunting. Fehst questioned if the DNR would allow this. Feely indicated their permission is not necessary, but a permit or license would have to be obtained. Wyckoff asked Ms. Feely how many deer remain at the facility. Feely stated the DNR says there are 30 deer remaining, but citizens count 12 to l 5. Feely listed her PO Box number for those interested in contacting her. Nawrocki indicated he spent time there and referred to the many groups that stop to view the deer. It is a shame that a few deer cannot be kept. Wyckoff stated that we need to work together on this and if we keep any deer we could end up with the same problem. Deb Johnson, 999 41st Avenue, expressed disappointment in our housing stock and fire fighters trying to do all the inspections. She suggested that the Fire Department just do rental property inspections and contract out garbage houses. Wyckoff indicated that a combined position is being discussed. Fehst stated this would go along with a Point of Sale ordinance. He referred to the seminar he attended with the Assistant Fire Chief on housing maintenance. Harold Hoium, 5th Street 4315, expressed displeasure regarding the August Huset Park meeting. He disagreed with Police squads patrolling with only one officer. Hoium stated that contractors are stopping at his home and telling him the City owns the property. Fehst stated that there are violations on this property and the City does not own it. Hoeft stated this may be occurring because of the pending abatement procedure and that contractors do not need to enter the property. Wyckoff suggested he call 911. Hoium City Council Minutes October 11, 2004 Page 11 of 11 stated that vehicles should not be allowed to park on the streets. Lee Stauch, 1155 Khyber Lane, stated his opinion that Council needs to hold down the tax increase proposal, as residents cannot afford that type of increase. He referred to closed businesses and stated that City owned property does not generate tax. Stauch stated that the purchase price for Burger King was too high, and questioned what is planned for the site. Stauch stated that voters should have the right to vote on a community center. Fehst stated that the Athletic Boosters have donated $5,000 for a demand study. COUNCIL CORNER Kelzenberg · Wished everyone a nice Columbus Day. · Congratulated the Columbia Heights football team on the 62-6 win and the fireworks display. Williams · The Values for this month are peace and conflict resolution, and non-violence. · Tommy Peterson was inducted into the Athletic Boosters Hall of Fame. Wyckoff indicated there were three other residents also inducted. · Councilmembers need to be respectful of one another. Wvckoff · Other residents inducted into the Athletic Boosters Hall of Fame ere Lynn Lundin, Ann Lundin Hurley; and Dave Spencer, who died in 1985 and had a big sports record in Columbia Heights. · Two members of the Historical Society, and herself, interviewed Vivian Bixler for a cable show. · There is an opening on the Library Board, which meets the first Tuesday of the month at 7:00 p.m. She encouraged those interested to apply. Ericson · Spent an evening with the Columbia Heights firefighters, to understand what they go through on a daily basis. Thanked them for spending their time with her. · October 23 is Make a Difference Day, which is a day set to do something positive or volunteer for your community. The Rising to New Heights Committee is asking groups to highlight their activities for recognition. More information on possible projects can be received by calling SACCA, Crest View, Ted Landwehr, or Carole Blowers. Nawrocki · Dave Spencer - listed his sport history. He was also inducted into the Hall of Fame. · Agreed, community center and gyms should be voted for by the people. We should talk with the school district so we don't build two facilities. · Attended MN League of Cities Conference - listed activities and hm~douts available. · Second half property taxes are due, good time to compare. Truth and Taxation meeting will be Monday, December 6th at 7:00 p.m. Encouraged residents to attend. · City of Fridley community report lists Columbia Heights second in the area for cost of govermnent. ADJOURNMENT Mayor Wyckoff adjourned the meeting at 10:15 p.m. (?atricia Muscovitz, CMC [ Deputy City Clerk/Council Secretary