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