HomeMy WebLinkAboutJanuary 23, 1995OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS CITY COUNCIL
REGULAR COUNCIL MEETING
JANUARY 23, 1995
The Regular Council Meeting was called to order at 7:00 p.m. by
Mayor Sturdevant.
Jolly, Ruettimann, Peterson, Sturdevant - present
2. PLEDGE OF ALLEGIANCE
3. CONSENT AGENDA
The following items were approved on the Consent Agenda:
Minutes for APProval
The Council approved the minutes of the
Meeting of January 9, 1995 as presented.
Regular Council
Establish Public Hearing Date for 1995 CDBG Program
The Council established February 13, 1995 at approximately
7:15 p.m. as the date and time for the public hearing
regarding the City application for fiscal year 1995 funding
through the Anoka County Community Development Block Grant
(CDBG) Program.
License Revocation - Rental Property at 4514-4516 Fillmore
~treet Northeast
The Council established a hearing date of February 13, 1995
for revocation or suspension of a license to operate a rental
property within the City of Columbia Heights against Alexander
M. CaJucom, regarding rental property at 4514 - 4516 Fillmore
Street Northeast.
License Revocation - Rental Property at 3902 - 3904 Reservoir
Boulevard Northeast
The Council established a hearing date of February 27, 1995
for revocation or suspension of a license to operate a rental
property within the City of Columbia Heights against W.
Patrick Moore regarding rental property at 3902 - 3904
Reservoir Boulevard.
AGoeDt Donation..£rom Columbia Heights Athletic Boosters
The Council accepted the donation of $27,400 from the Columbia
Heights Athletic Boosters for recreation program supplies.
Authorization to Seek Bids for 1995-1996 Fall Tree ReDlantina
The Council authorized staff to seek bids for the 1995-1996
fall tree replanting program.
REGULAR COUNCIL MEETING
JANUARY 23, 1995
PAGE 2
Authorization to Seek Bids for Road Materials
The Council authorized staff to seek bids for the purchase of
road materials.
Authorization to Seek Bids for SCBA
The Council authorized staff to seek bids through the
Minnesota Fire AgenciesPurchasing Consortium for the purchase
of new self-contained breathing apparatus (SCBA) equipment for
the Fire Department.
License Applications
The Council approved the 1995 license applications as listed
upon payment of proper fees and approved the rental property
license applications as listed on the January 23, 1995 memo
from Lowell DeMars.
Payment of Bills
The Council approved the payment of bills as listed out of
proper funds.
APPROVAL OF CONSENT AGENDA
Motion by Jolly, second by Peterson to approve the consent
agenda as presented. Roll call: Ail ayes
OPEN MIKE/PRESENTATIONS/PROCLAMATIONS
Two residents requested an item bemoved forward on the agenda
so it could be discussed earlier in the meeting. They were
advised that Open Mike is for the purpose of discussing items
which were not already on the agenda.
The City Manager mentioned that this item was preceeded by
some public hearings which were time specific in the notices.
He recommended these public hearings be held before any items
were brought forward.
A resident stated his opinion of the Housing Maintenance Code,
the condition of a lot where a house had been demolished, the
tax delinquency status of a property in the City, Planning
Department personnel and the recent seal¢oatlng on Fifth
Street.
A third resident inquired what the process was and when it
would commence for filling the vacancy on the City Council. He
was advised this issue will be discussed at the February 6th
Council work session.
REGULAR COUNCIL MEETING
JANUARY 23, 1995
PAGE 3
e
PUBLIC ~F~%RINGS/ORDINANCES/RESOLUTIONS
a. Resolution No. 95-06: Establishing the Sheffield Tax
Increment Financing District and Approving and Adopting the
TaX Increment Financina Plan Related Thereto
A homeowner in the Sheffield Neighborhood requested staff to
explain tax increment financing. The City Manager responded to
her inquiry and also addressed how it impacts properties in
the area. -
Motion byRuettimann, second by Peterson to waive the reading
of the resolution there being ample copies available for the
public. Roll call: All ayes
RESOLUTION NO. 95-06
RESOLUTION ESTABLISHING THE SHEFFIELD TAX INCREMENT
FINANCING DISTRICT AND APPROVING AND ADOPTING
THE TAX INCREMENT FINANCING PLAN
RELATED THERETO
BE IT RESOLVED by the City Council (the "Council") of the City
of Columbia Heights, Minnesota (the "City"), as follows:
Section 1.
1.01. It has been proposed that the City establish the
Sheffield Tax Increment Financing District and approve and
adopt the Tax Increment Financing Plan relating thereto, all
pursuant to and in accordance with Minnesota Statutes. Section
469.001 through 469.047, inclusive, and Minnesota Statutes,
Sections 469.174 through 469.179, inclusive; and
1.02. The Council has investigated the facts and has caused to
be prepared the proposed Tax Increment Financing Plan for the
Sheffield Tax Increment Financing District (the "Plan"), and
1.03. The City has performed all actions required by law to be
performed prior to the establishment of the Sheffield Tax
Increment Financing District and the adoption of the Plan
relating thereto, including, but not limited to, notification
of Anoka County and School District No. 13 having taxing
jurisdiction over the property to be included in the Sheffield
Tax Increment District, a review by the City Planning
Commission of the proposed Plan and the holding of a public
hearing upon published notice as required by law.
REGULAR COUNCIL MEETING
JANUARY 23, 1995
PAGE 4
Section 2. Findings for the Establishment of the
Sheffield Tax Increment Financina District and the
Approval of the Tax Increment Financina Plan Relating Thereto
2.01. The Council hereby finds that the Sheffield Tax
Increment Financing District is a redevelopment district.
2.02. The Council hereby finds that the establishment of the
Sheffield Tax Increment Financing District, and the approval
of the Tax Increment Financing Plan relating thereto, is
intended and, in the judgement of this Council, the effect of
such actions will be to provide an impetus for redevelopment
in the public purposes and accomplish certain objectives as
.specified in the Plan.
2.03. The Council further finds that the proposed development,.
in the opinion of the Council, would not occur solely through
private inveStment within the reasonably foreseeable future
and, therefore, the use of tax increment financing is deemed
necessary; that the Plan conforms to the general plan for the
development or redevelopment of the City as a whole; and that
the Plan will afford maximum opportunity consistent with the
sound needs of the City as a whole, for the development of the
Sheffield Tax Increment Financing District by private
enterprise.
2.04. The Council further finds, declares and determines that
the City made the above findings stated in Section 2 and has
set forth the reasons and supporting facts for each
determination in writing, attached hereto as Exhibit A.
Section 3.
Approval of the Plan
3.01. The Tax Increment Financing Plan for the Sheffield Tax
Increment Financing District is hereby approved and adopted,
and shall be placed on file in the office of the City Manager.
3.02. The staff of the City, the City's advisors and legal
counsel are authorized and directed to request certification
of the Sheffield Tax Increment Financing District with the
County Auditor pursuant to Minnesota Statutes, Section
469.177, and to proceed with the implementation of the plan
and for the purpose to negotiate, draft, prepare and present
to this Council for its consideration all further plans,
resolutions, documents and contracts necessary for this
purpsoe.
REGULAR COUNCIL MEETING
JANUARY 23,1995
PAGE 5
Passed this 23rd day of January, 1995.
Offered by:
Seconded by:
Roll call:
Ruettimann
Peterson
Ail ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
b.. Public Hearing - Revocation/Suspension of a Rental
License~ 621-623 51st Avenue Northeast
Motion by Peterson, second by Ruettimann to close the public
hearing regarding the revocation or suspension of the rental
license held by Bonnie O'Donnell regarding rental property at
621-623 51st Avenue Northeast in that the property is now in
compliance with housing maintenance code. Roll call: All ayes
c. Resolution No. 95-07~ Public Hearing Regarding
Revocation/Suspension of a Rental License at 4628-4634 Tyler
The City Manager reviewed the work not completed on this
property and the fees still outstanding. Discussion continued
regarding the non-compliance features.
Motion by Jolly, second by Ruettimann to close the public
hearing. Roll call: All ayes
Some members of the Council felt additional information should
be gotten regarding outstanding work.
Motion by Jolly, second by Ruettimann to table for further
information. All ayes
Motion by Jolly, second by Ruettimann to remove the matter
from the table. Roll call: Ail ayes
Motion by Jolly, second by Ruettimann to waive the reading of
the resolution there being ample copies available for the
public. Roll call: All ayes
REGULAR COUNCIL MEETING
JANUARY 23, 1995
PAGE 6
RESOLUTION NO. 95-07
RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA
HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE
SECTION 5A.408(1) OF THAT CERTAIN RESIDENTALRENTALLICENSE(S)
HELD BY Gary Eugene Hegenes, dba/Esquire Properties (HEREAFTER
"LICENSE HOLDER").
WHEREAS, license holder is the legal owner of the real
property located 4628 and 4634 Tyler Street Northeast,
Columbia Heights, Minnesota, and
WHEREAS, pursuant to Columbia Heights Code Section
5.104(1)(A), written notice setting forth the causes and
reasons for the proposed Council action contained herein was
given to the license holder on January 4, 1995, of a public
hearing to be held on January 23, 1995.
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:
FINDINGS OF FACT
1. That on April 20, 1994, Enforcement Officer, Matthew D.
Field, for the City of Columbia Heights, inspected the real
property and incidental building(s) located there on at 4628
and 4634 Tyler Street Northeast, within the City of Columbia
Heights, Minnesota, and owned, according to the application
for rental license on file for the above-described real
property by Gary Eugene Hegenes, dba Edquire Properties.
2. Based upon said inspection of the Enforcement Officer, the
following conditions and violations of the City's Housing
Maintenance Code and Licensing Rental Units were found to
exist, to wit.
See Attached Compliance Order
3. That all parties, including the License Holder and any
occupants or tenants, have been given the appropriate notice
of this hearingaccording to the provisions of the City Code
Section 5A.306(1) and 5A.303(1)(d).
REGULAR COUNCIL MEETING
JANUARY 23, 1995
PAGE 7
CONCLUSIONS OF COUNCIL
1. That the building(s) located at 4628 and 4634 Tyler Street
Northeast are in violation of the provisions of the Columbia
Heights City Code as set forth in the Compliance Order
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 revocation or suspension of the license held
by License Holder.
3. That all applicable rights and periods of appeal as
relating to the license holder, owner, occupant, or tenant, as
the case may be, have expired, or such rights have been
exercised and completed.
ORDER OF COUNCIL
1. The rental license(s) belonging to the License Holder
described herein and identified bylicense number(s) 30119 and
30121 are hereby revoked;
2. The City shall post for the purpose of preventing occupancy
a copy of this order on the buildings covered by the license
held by the License Holder;
3. Ail tenants shall remove themselves from the premises
within 60 days from the first date of posting of this order
revoking the license as held by License Holder.
Passed this 23rd day of January, 1995.
Offered by:
Seconded by:
Roll call:
Jolly
Ruettimann
Ail ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
e
OLD BUSINESS
a. Board/Commission Appointments
The resident at 3815 Jackson Street again stated she wanted to
discuss the proposed appointment of Sean Clerkin to the Police
and Fire Civil Service Commission.
REGULAR COUNCIL MEETING
JANUARY 23, 1995
PAGE 8
Mayor Sturdevant advised her that he had been contacted by
Sean Clerkin this evening. Mr. Clerkin requested his name be
withdrawn from consideration for this appointment. The Mayor
stated that Mr. Clerkin had taken this action in response to
an editorial which appeared in a lo¢al newspaper. This
resident stated she had nothing further to discuss.
Another resident, who resides on 39th Avenue, felt Mr.
Clerkin's withdrawal was not the issue. She is of the opinion
that this appointment should have more discussion as to the
process and the qualifications of the proposed appointee as
well as other residents who were interested in serving on the
Police and Fire Civil Service Commission.
Discussion continued as to the Mayor's ranking of those
interviewed and the specificqualifications of Mr. Clerkin to
serve on this Commission. The Mayor agreed to have his
rankings available for this resident by February 8th.
Motion by Jolly, second by Ruettimann to appoint/reappoint the
following residents to boards and commissions:
Appoint Bruce Magnuson to the Park and Recreation Commission.
Term to expire in April 2000.
Appoint Dick Lawrence to the Police and Fire Civil Service
Commission to fill the unexpired term of Bob Guzy. Term to
expire in April 1997.
Reappoint Dennis Stroik and Reuben Ruen to the Cable
Communications Commission. Terms to expire in April 1997.
Reappoint Pat Jindra to the Housing and Redevelopment
Authority. Term to expire in April 2000.
Reappoint Mike Zmuda and Toni LaMere to the Human Services
Commission. Terms to expire in April 1998.
Reappoint Nancy Hoium and Pat Sowada to the Library Board.
Terms to expire in April 1998.
Reappoint Charlie Peasha to the Merit Commission. Term to
expire in April 1999.
Reappoint Jim Fowler to the Planning and Zoning Commission.
Term to expire in April 1999.
Reappoint Bill Marshall to the Science, Technology and Energy
Commission. Term to expire April 1998.
REGULAR COUNCIL MEETING
JANUARY 23, 1995
PAGE 9
Reappoint Joe Sturdevant to the Traffic Commission. Term to
expire in April 1999. Roll call: All ayes
PUBLIC HEARINGS/RESOLUTIONS/ORDINANCES (continued%
d. Resolution No. 95-08: Requesting Mn/DOT to Replace Fence
on Central Avenue Between 48th & 51st Avenues
Motion byRuettimann, second byPeterson to waive the reading
of the resolution there being ample copies available for the
public. Roll call: All ayes
RESOLUTION NO. 95-08
REQUESTING Mn/DOT TO REPLACE MEDIAN FENCING ON CENTRAL
AVENUE
WHEREAS, the Minnesota Department of Transportation (MnDOT)
has installed and maintains a fence in the median of Central
Avenue (State Trunk Highway 65) from 48th Avenue to 51st
Avenue; and
WHEREAS, the primary purpose of this fence is to prevent
pedestrians, especially school children, from crossing this
busy highway at mid-block and direct them to the signalized
intersections with crosswalk and/or pedestrian bridges; and
WHEREAS, this fencing traps debris and requires a high level
of maintenance resulting in additional costs; and
WHEREAS, the current condition of the fencing would require
replacement in the near future; and
WHEREAS, there are alternate types of barriers, such as the
concrete hersey barrier, that can perform the same function
with less maintenance and that would trap less debris;
NOW, THEREFORE, BE IT RESOLVED that the City Council of
Columbia Heights requests that Mn/DOT replace the existing
fencing with a suitable alternative barrier when funding and
time allows.
Passed this 23rd day of January, 1995.
Offered by:
Seconded by:
Roi1 call:
Ruettimann
Peterson
Ail ayes
REGULAR COUNCIL MEETING
JANUARY 23, 1995
PAGE 10
ATTEST:
I hereby certify that the foregoing resolution is a true and
correct copy of the resolution presented to and adopted bythe
City Council of the City of Columbia Heights at a duly
authorized meeting thereof held on the 23rd day of January,
1995, as shown by the minutes of said meeting in my
possession.
Jo-Anne Student
Deputy City Clerk
e. Zaidan/Columbia Heights Business Center Agreement
1) Approving an Amendment to the Tax Delinquency Agreement
and the Purchase and Property Tax Agreement
Motion by RUettimann, second by Peterson to approve an
amendment to the purchase and tax agreement allowing for an
extension to March 31, 1995 and that the Mayor and City
Manager be authorized to sign the same. Roll call: All ayes
2) Resolution No. 95-09 Requesting Classification of Tax
Forfeited Property as Non-Conservation and Approving Deed in
Lieu of Tax Forfeiture
Motion byRuettimann, second by Peterson to waive the reading
of the resolution there being ample copies available for the
public. Roll call: All ayes
RESOLUTION NO. 95-09
RESOLUTION REQUESTING CLASSIFICATION OF TAX-FORFEITED PROPERTY
AS NONCONSERVATION AND APPROVING DEED IN LIEU OF TAX
FORFEITURE UNDER MINNESOTA STATUTES, SECTION 280.385.
WHEREAS, the City of Columbia Heights (the "City") has entered
that certain Tax Delinquency Agreement among the City, the
Housing and Redevelopment Authority in and for the City of
Col-mhia Heights (the "Authority"), Anoka County and Zaidan
Holdings, Inc. ("Zaidan") dated November 23, 1994 (the
"Agreement") regarding certain property in the City described
as Exhibit A attached hereto (the "Property"); and
WHEREAS, pursuant to the Agreement, Zaidan proposes to give to
the State of Minnesota a deed in lieu of tax forfeiture for
the Property in accordance with Minnesota Statutes, Section
280.385, (the "Act"); and
REGULAR COUNCIL MEETING
JANUARY 23, 1995
PAGE 11
WHEREAS, the City Council is required to consent to such deed
in lieu of tax forfeiture under the Act; and
WHEREAS, the City Council is also required to approve the
classification of the Property as nonconservation or
conservation under Minnesota Statutes, Section 282.01,
subdivision 1; and
WHEREAS, the City Council has determined that it is in the
best interests of the City and its residents to approve the
deed in lieu of tax forfeiture in accordance with the
Agreement and the Act, and to approve the classification of
the Property as nonconservation.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLUMBIA
HEIGHTS RESOLVES AS FOLLOWS:
1. The Council consents to a deed in lieu of tax forfeiture
for the Property from Zaidan to the State pursuant to the Act.
2. The City Council requests and approves classification of
the Property as nonconservation in accordance with Minnesota
Statutes, Section 282.01, subd. 1.
3. City officials are authorized and directed to execute any
certificates or other documents necessary to facilitate the
conveyance of the Property in accordance with the Act and the
Agreement.
Passed this 23rd day of January, 1995.
Offered by: Ruettimann
Seconded by: Peterson
Roll call:
Ail ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
COMMUNIC2%TIONS
as
Heritaae Heiahts Development
Motion by Ruettimann, second by Peterson to approve the
preliminary plan and the final plat for the Heritage Heights
Development. Roll call: Ail ayes
REGULAR COUNCIL MEETING
JANUARY 23, 1995
PAGE 12
b. Membership Dues in North Metro Mayors Association
Motion by Jolly, second by Peterson to authorize the payment
of $11,766 to the North Metro Mayors Association for payment
of the City's 1995 membership dues. Roll call: All ayes
9. NEW BUSINESS
a. Purchase of Police V~hicles
Motion by Ruettimann, second by Peterson to authorize the
purchase from the Hennepin County Contract $3309A4 three 1995
Ford Crown Victoria police vehicles, one parts manual, and one
shop manual for a total of $49,476.00 from Superior Ford, Inc.
and that the Mayor and City Manager be authorized to sign a
contract for the same. Roll call: All ayes
b. ~elebrate Heights Pride
Motion by Ruettimann, second by Peterson to approve the joint
participation of Celebrate Heights Pride with the Columbia
Heights Chamber of Commerce Board of Directors and Independent
School District $13 School Board on May 15 - 20, 1995 and all
activities included therein. Roll call: All ayes
c. ~99D T-Shirt. Baseball Caps and EguiDment Purchase
Motion by Ruettimann, second by Peterson to authorize the
purchase of t-shirts and caps for $8,615.19 from Mecca
Sportswear and for various athletic equipment for $5,654.10
from Sports Supply Group, based on low, informal price
quotations and to authorize the Mayor and City Manager to sign
a contract for the same. Roll call: All ayes
d. Establish Date for Board of Review
Motion byRuettimann, second byPeterson to establish the date
of the Local Board of Review for Monday, April 17, 1995 at
7:00 p.m. which will be held in the Council Chambers and that
the City Manager be responsible for notifying residents of
University Heights and LaBelle Condominiums of this date. Roll
call: All ayes
REGULAR COUNCIL MEETING
JANUARY 23, 1995
PAGE 13
e. Approval of Job Description and Establishment of Salary
Range for MIS Coordinator
Motion by Jolly, second by Sturdevant to approve the job
description for MIS Coordinator and establish the 1995 and
1996 wage ranges for the position as follows:
1995: Entry - $2,894; 6 months - $2,993; one year - $3,092;
two years - $3,190 and three years - $3,289
1996: Entry - $2,974; 6 months - $3,075; one year - $3,176;
two years - $3,278 and three years - $3,379, and to authorize
staff to fill the position. Roll call: All ayes
f. Authorization for D.A.R.E. Out-of-Town Training
Motion by Peterson, second by Ruettimann to authorize the
attendance of Officers McGee, Bartlett, Fuerst and Vaughn at
the 6th Annual Minnesota of D.A.R.E. officers Educational
Seminar in Duluth, Minnesota, February 17 - 20, 1995 and that
registration fees be paid from D.A.R.E. Line 270-42160-3105;
hotel, meal expenses and mileage be paid from D.A.R.E. Line
270-42160-3320. Roll call: All ayes
g. Reject Contract for Dredging of LaBelle Pond
Only one bid was received for this project. Staff felt this
was due to vendors hesitancy in placing their equipment on the
thin ice on LaBelle Pond. Also, the one bid received was far
outside of the budgeted funding.
Motion by Ruettimann, second by Peterson to reject the bid for
Project #9312 as it falls outside the budgeted funding. Roll
call: All ayes
10.
a. Report of the City Manaaer
The City Manager's report was submitted in written form and
the following item was discussed:
Status of MPRS: Councilmember Ruettimann inquired as to the
status of the hiring list produced by MPRS. The City Manager
advised that the list has been recertified.
REGULAR COUNCIL MEETING
JANUARY 23, 1995
PAGE 14
Report of the City Attorney
Councilmember Ruettimannquestioned whether the proposed turn
back of County Road 104 can be reversed or stopped. The City
Attorney responded it cannot b estopped nor changed. There is
authority in statute to allow this action.
ADJQURNMENT
Motion by Peterson, second by Jolly to adjourn the meeting at
9:02 p.m. Roll call: All ayes
/~ayor~J~eph Stu~devant
Jo-Anne Student, ~cll Secretary