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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