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HomeMy WebLinkAboutNovember 28, 1994COLUMBIA HEIGHTS BOARD OF TRUSTEES VOLUNTEER RELIEF ASSOCIATION NOVEMBER 28, 1994 The Board of Trustees Meeting was called to order at 9:45 p.m. by Mayor Sturdevant. ROLL CALL Jolly, Nawrocki, Ruettimann, Peterson, Sturdevant - present APPROVAL OF MINUTES Motion by Peterson, second by Ruettimann to approve the minutes of the October 24, 1994 Board of Trustees Meeting. Roll call: All ayes RECOMMENDATION FOR RELIEF ASSOCIATION MEMBERSHIP Motion by Ruettimann, second by Jolly to accept Timothy K. Ryan as a member of the Fire Department Volunteer Relief Association effective November 7, 1994. Roll call: All ayes ADJOURNMENT Motion by Peterson, second by Ruettimann to adjourn the Board of Trustees Meeting at 9:48 p.m. Roll call: All ayes yor ~os'e~h S%urdevant -Anne Student, Co~2~il Secretary OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING NOVEMBER 28, 1994 The Regular Council Mayor Sturdevant. Meeting was called to order at 7:00 p.m. by Jolly, Nawrocki, Ruettimann, Peterson, Sturdevant - present PLEDGE OF ALLEGIANCE CONSENT AGENDA The following items were approved on the Consent Agenda: Minutes of Previous Meetings The Council approved the minutes of the Regular Council Meeting of November 14, 1994, the minutes of the Special Election Canvass of November 14, 1994 and the minutes of the November 22, 1994 Special Assessment Levy Hearing as presented. 1996 Rental Rates for Murzyn Hall The Council approved a 4% increase in the 1996 room rental rates for John P. Murzyn Hall as shown on Appendix B of the John P. Murzyn Hall Management Plan. NEI - College of Technolo~ Lease The Council authorized the Mayor and City Manager to enter into a lease agreement with NEI-College of Technology for the Recreation Department's use of their gymnasiums for the costs of $1.00 per year. AGCeDt DQ~ations from the Columbia Heights V.F.W. Post and th~ Columbia Heights Boosters Club The Council accepted the donation of $2,944.00 for winter safety equipment for the Police Department and $1,500.00 for the Seniors Christmas Dinner from the Columbia Heights V.F.W. Post #230 and a donation of $1,500.00 for the Seniors Christmas Dinner from the Columbia Heights Boosters Club. Establish Public Hearina to Consider Back Yard Liahtin~ The Council established Tuesday, December 27, 1994 at 7:00 p.m. as a public hearing for consideration of a back yard light between Royce Street and Leander Lane south of 44th Avenue. REGULAR COUNCIL MEETING NOVEMBER 28, 1994 PAGE 2 4e Se December Work ~e~sions/Council Meetina Dates The Council established December 6th aG 8:00 p.m. and December 19th at 8:00 p.m. as work session dates for December and changed the City Council Regular Meeting date from December 26th to December 27th at 7:00 p.m. APPROVAL OF CONSENT AGENDA Motion by Nawrocki, second by Jolly to approve the consent agenda as presented with the removal of item 9f., being a public hearing regarding license revocation for 3843 Hayes Street as this property has complied and the removal of the payment of bills as well as noting there are no license applications for approval. Roll call: All ayes OPEN MIKE. PROCLAMATIONS. PRESENTATIONS The resident at 4233 Quincy Street requested Councilmember Ruettimann to explain his comments as recorded in the current Focus newspaper article regarding the defeat of the ballot question which addressed the multi-use facility project. Councilmember Ruettimann repeated his comments regarding the financing of this facility and noted that the Focus article was inaccurate. This resident also had some comments on the source of funding for the Sheffield Redevelopment Project. The property owner at 4748 Fourth Street expressed concern~ with the maintenance of a house in his area which has the potential for lowering property values. The City Manager will follow up on this matter. ~UBLIC HEARINGS/ORDINANCES/RESOLUTIONS a. Second Readina of Ordinance No. 1285. Pertainin~ to Home Occupations Motion by Peterson, second byRuettimann to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes A resident questioned the need for this ordinance as he feels the current ordinance is not enforced regarding work done in the home. He gave the example of auto repair work. He was advised he should be reporting these situations when they occur so the ordinance can be enforced by staff. REGULAR COUNCIL MEETING NOVEMBER 28, 1994 PAGE 3 Some residents who currently conduct home based businesses indicated their support for the proposed ordinance. Councilmember Jolly felt to not place a maximum number of employees allowed with these home businesses would be an error as this has the potential for changing the residential nature of an area. Councilmember Nawrocki also felt the residential profile of a neighborhood could be destroyed if the ordinance is not more stringent. He suggested the ordinance may not be needed. Councilmember Jolly requested the ordinance be amended to delete "or persons" and "persons" in Section 6. The City Attorney spoke to the wisdom of not including a specific number of persons allowed. The maker and seconder of the motion to adopt did not accept the suggested amendment. Motion by Nawrocki to strike ~6 from the ordinance. Motion dies for lack of a second. Motion byNawrocki, second byJolly to strike "or persons" and the "(s)" in "person" from ~6. Roll call: Jolly, Nawrocki - aye Ruettimann, Peterson, Sturdevant - nay Motion fails. Motion by Nawrocki, second by Jolly to strike #7 from the ordinance. Roll call: Jolly, Nawrocki - aye Ruettimann, Paterson, Sturdevant - nay Motion fails. Councilmember Nawrocki stated he will not support adoption of the ordinance in that he feels the present ordinance is adequate and adoption of this ordinance will open up residential areas to commercial and industrial types of activities. Councilmember Paterson stated his support for the ordinance noting that it has been reviewed by the Planning and Zoning Commission as well as Police Department staff and received recommendations for adoption. The City Attorney has reviewed it very carefully and found it acceptable. Some residents who have home occupation businesses support it also. ORDINANCE NO. 1285 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AND PERTAINING TO HOME OCCUPATIONS REGULAR COUNCIL MEETING NOVEMBER 28, 1994 PAGE 4 The City of Columbia Heights does ordain: Section 1: Section 9.103(31) of Ordinance No. 853, City Code of 1977, which currently reads as follows, to wit: 9.103(31~ Home Occupations: Any gainful occupation meeting all of the following requirements: When engaged in only bypersons residing in the dwelling, which does not require additional parking, when evidence of the occupation is not visible from the street, when the principal structure becomes the base of operation for that occupation, and when not involving the retail sales on the site of products produced off the site. is hereby amended to read as follows: 9.103¢31~ Home Occupations: Any gainful occupation or profession engaged in by an occupant of a dwellina unit. Such US~ ~ust b~ clearly incidental and secondary to the princiDal use of the dwelling for residential purposes and shall not change the residential character of the dwelling or have an ~dverse effect on ad4acent properties nor constitute a nuisance or safety hazard. Section 2: 9.107[3~[d) Section 9.107(3)(d) of Ordinance No. 853, City Code of 1977, which currently reads as follows, to wit: Home occupations, subject to an annual renewal and reapplication if it has changed in scale or character. is hereby amended to read as follows: Home occupations, subject to the following conditions: 1. NO outside storaae of products, materials or equipment connected with the home occupation is permitted. 2. The home occupation must be conducted within the principal building or residential garage. 1. If the home occupation is conducted in a aaraae, the REGULAR COUNCIL MEETING NOVEMBER 28, 1994 PAGE 5 the minimum amount of re~auired oaraae Darkina spaces shall be maintained for Darkin~. 3. The home occupation shall ~gt all aPDlicable fire and buildin~ codes as well as ~Dy other applicable City. State or Federal~reaulations. 4. At no time shall the home occupation ~enerate traffic or parking that exceeds .the tyne__ ~nd level which t_voically service sinale family residences. Traffic and Darkina which exceeds the tyne and-level tVDicallv servicin~ Sinale-familv residences s~ll be deemed to con~titute a ~uisa~ce ~ safety hazard. 5. No use of mechanical eauiDment or process shall be used which generates noise, fumes, odor. smoke alare, vibration.' electrical interference, waste or nuts a ~train on public Dtilities other than is reasonable ~or a residential Zoning 6. As additional person or persons, other than the occupant of ~be dwelling, ma~ report t~ the residence for work DurpQses, b~$ only if the reDortinu of the additional Dersonfs% is G19arly incidenta~'~nd secondary tot~e principal ~se of the ~wellin~ for res~dential DurDoses and ~oes ~ot chan~e the residen{ial character of ~he dwellina or have an a~verse effeGt...o~ ad4acent properties nor constitute a nuisance or safety hazard. 7. Sianaae Dertainina to the home occuDat~°n will be allowed on the n~em~ses not to exceed two sauare feet and provided it be.. attached to .the wall of the structure and 'not be illuminated, 8. A~y home occupation shall be sub4ect to a one-time reaistration, with %he fee for such reqis~ration as determined by the city Council. Each registration will include, as a ~i~im~. the address of the home occUpation, the name of the oCC~Dant, add the occupation or profession ~nvolved. 9. Any home occupation which does not meet these sDeclfic co~i~ions for a Permitted home occupation shall not be Section 3: Section 9.107(2)(g) of Ordinance No. 853, City Code of 1977, - which currently reads as follows, to wit: REGULAR COUNCIL MEETING NOVEMBER 28, 1994 PAGE 6 9.107/2%(~: Home occupations subject to an annual renewal and reapplication if it has changed in scale or character. is hereby deleted in its entirety. Section 4: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: November 14, 1994 November 28, 1994 November 28, 1994 Offered by: Seconded by: Roll call: Peterson Ruettimann Ruettimann, Peterson, Sturdevant - aye Jolly, Nawrocki - nay e Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary b. public Hearina - License Revocation. Rental Property (4429 Third Street N.E.% Motion by Ruettimann, second by Peterson to continue the public hearing for license revocation on rental property located at 4429 Third Street tmtil December 27, 1994. Roll- call: All ayes c. Public Hearina - License Revocation. Rental Property (4543 Taylor Street N.E.~ Motion by Ruettimann, second by Peterson to continue the public hearing for license revocation on rental property located at 4543 Taylor Street until December 27, 1994. Roll call: All ayes COMMUNICATIONS ~tnnesota Taxpayers Association 'Brochure Councilmember Nawrocki distrubuted copies of a brochure from the Minnesota Taxpayers Association. He recommended studying it and felt it contained good basic information for elected officials. REGULAR COUNCIL MEETING NOVEMBER 28, 1994 PAGE 7 b. Charter Commission Issue The Charter Commission will be considering the issue of changing the City from a Home Rule Charter City. Councilmember Nawrocki gave members of the Council some information he received from the League of Minnesota Cities regarding charter changes. He also distributed an article from 1989 about Home Rule Charters. c. Leaaue of Minnesota cities Adopted Policies Councilmembr Nawrocki handed out copies of the League of Minnesota's legislative program. d. Association of Metropolitan Municipalities Task ForGe The Association of Metropolitan Municipalities developed strategies based on the findings of its Urban Strategies Task Force. Councilmember Nawrocki served on this Task Force. He distributed copies of the AMM Report drafted by the Task Force. ® OLD BUSINESS a. Auth~riz~tio~ to Execute Management Aareement - 4519 an~ 4642 Taylor Street Councilmember Nawrocki felt all four units should be rented. He suggested that a caretaker for three units is not cost- effective. This issue will be addressed in th, Management Plan and is not part of the Management Agreement. Motion byNawrocki, second by Jolly to approve the Management Agreement with the ,Housing and Redevelopment Authority of Columbia Heights on the management/leasing of the duplexes located at 4519 and 4642 Taylor Street. Roll call: All ayes b. Gable Studio Fire Mayor Sturdevant has been advised that it appears the arsonists who set fire to the cable studio have been apprehended. REGULAR COUNCIL MEETING NOVEMBER 28, 1994 PAGE 8 10. NEW BUSINESS a. Payment to Kiwanis Motion by Nawrocki, second by Peterson to authorize the Mayor and City Council to compensate the Columbia Heights/Fridley Kiwanis and Fridley/Columbia Heights Golden K $1,000.00 each annually in addition to the proceeds from the Center from Fund 603-49530-3050 in consideration for the groups' staffing of the Columbia Heights Recycling Center. Roll call: All ayes b. Sheffield Tax Increment Financina District Motion by Nawrocki, second by Jolly to authorize preparation of a Tax Increment Plan and Project for the Sheffield Housing and Redevelopment District. Roll call: All ayes c. Public Hearina - License Revocation - Rental Property at 3843 H~yes Street The City Manager advised this property has been brought into compliance by the owner and should not be considered for revocation. Motion by Ruettimann, second by Peterson to accept the City Manager's recommendation regarding the rental property at 3843 Hayes Street and take no further action at this time on this property. Roll call: All ayes d. Donations from Columbia Heights Athletic Boosters and V,~,W- Post 4230 Councilmember Peterson wanted to publicly acknowledge the donations from the Col-mbia Heights Athletic Boosters and from V.F.W. Post $230. It was suggested the Mayor write a letter to both of these organizations recognizingtheir contributions to the Police Department and to the senior citizens' holiday activities. ae ~eDort of the City Manager The City Manager's report was submitted in written form. The following item was discussed: Additions to Keyes Park: The lights at the park are installed as is the fencing. More padding will be coming soon. The fenced corridor up the hill was also installed. REGULAR COUNCIL MEETING NOVEMBER 28, 1994 PAGE 9 b. Report of the City AttorBey The City Attorney had nothing to report at this time. 11. LICENSE APPLICATIONS There were no license applications. 12. PAYMENT OF THE BILLS Motion by Nawrocki, second by Jolly to approve the payment of the bills as listed out of proper funds including the payment for Rapid Graphics & Mailing in the amount of $1,361.37. Roll call: All ayes Home on 47th Avenue All property owners within a specific distance from a house on 47th Avenue received a copy of the Building Inspector's report regarding this house. Residents of the area apprised the City Council of their intentions to purchase this house, demolish it and offer the land to Habitat for Humanity. A real estate agent advised the Council of her involvement with the area residents and efforts to date seeking funds. ADJOURNMENT Motion by Ruettimann, second by Peterson to adjourn the meeting at 9:45 p.m. Roll call: Ail ayes