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HomeMy WebLinkAboutMarch 25, 1996OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING Fu%RCH 25, 1996 CALL TO ORDER/ROLL CA~L Mayor Sturdevant called the Council Meeting to order at 7:00 p.m. Mayor Sturdevant and Councilmembers Jones, Jolly, Ruettimann and Peterson were present. PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA Councilmember Jolly inquired as to the disposition of a trailer which is being replaced. He was referred to an item on the Consent Agenda which addressed this matter. CONSENT AGENDA Motion by Peterson, second by Jones to approve the following items on the Consent Agenda: Minutes for ADDroval The Council approved the minutes of the March 11, 1996 Regular City Council Meeting as presented. Waive Permit Fee for Refreshments to be Served at City Auction The Council waived the permit fee for "Mary's Lunch Wagon" to sell food and beverages during the City Auction on Thursday evening, May 9, 1996. Authorize Staff to Seek Ouotes for Replacement of Lawn Maintenance Trailer #230 The Council authorized staff to seek quotes for replacement of lawn maintenance trailer #230. Establish Work Session Dates for ADril, ~9~6 The Council established April 1§, 1996 immediately following the Local Board of Review as the date for a Council work session. Approve the 1996 License ADDlications as Listed Upon Payment of Proper Funds The Council approved, the 1996 license applications as listed upon payment of proper fees. Payment of Bills The Council authorized payment of the bills as listed out of proper funds. Roll call: Ail ayes REGULAR COUNCIL MEETING MARCH 25, 1996 PAGE 2 Se RECOGNITION. PROCLAMATIONS. PRESENTATIONS. GUESTS a. North Metro Mayors Association Joseph Strauss, Executive Director of the North Metro Mayor Association, thanked the City Council for approving continued participation of the City. He noted that Columbia Heights was one of the founding municipalities of NMMA. He felt the organization was very beneficial on behalf of its membership and stated that this proactive position would continue. b. Introduction of New EmPloyee The City Manager introduced Ken Anderson, the new Community Development Director. Mr. Anderson started his employment today. PUBLIC HEARINGS a. Third ¢Corrective~ Reading of Ordinance Nos. 1317. 1318. 1319. 1320 and 1321 Motion by Jolly, second by Peterson to waive the reading of the above-mentioned ordinances there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1317 BEING ANORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL ESTATE LOCATED AT 4501 TAYLOR STREET NORTHEAST The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights may convey unto Habitat for Humanity the real property described as follows, to wit: Lot Sixteen (16) of the South One-Half (1/2) of Lot Seventeen (17), in Block Seven (7) of Sheffield's Second Subdivision, Anoka County, Minnesota, PIN 25-30-24-33-0116. Section 2: The Mayor and City Manager are herewith authorized to execute deeds to effectuate the conveyance of said real estate subject to the terms, purchase price and conditions specified. REGULAR COUNCIL MEETING MARCH 25, 1996 PAGE 3 Section 3: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Third Reading (corrective) February 26, 1996 March 11, 1996 March 25, 1996 Offered by: Seconded by: Roll call: Jolly Peterson Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary ORDINANCE NO. 1318 BEING AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL ESTATE LOCATED AT 4549 TAYLOR STREET NORTHEAST The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights may convey unto Habitat for Humanity the real property described as follows, to wit: Ail of Lot 28 and the South One-Half (1/2) of Lot 29, in Block Seven (7) of Sheffield's Second Subdivision, Anoka County, Minnesota, PIN 25-30-24-33-0124 Section 2: The Mayor and City Manager are herewith authorized to execute deeds to effectuate the conveyance of said real estate subject to the terms, purchase price and conditions specified. Section 3: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. REGULAR COUNCIL MEETING MARCH 25, 1996 PAGE 4 First Reading: Second Reading; Third Reading (corrective) Offered by: Seconded by: Roll call: February 26, 1996 March 11, 1996 March 25, 1996 Jolly Peterson Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary ORDINANCE NO. 1319 BEING ANORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL ESTATE LOCATED AT 4555 TAYLOR STREET NORTHEAST The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights may convey unto Habitat for Humanity the real property described as follows, to wit: Lot 29, except the South One-Half (1/2) and all of Lot 30, in Block Seven (7) of Sheffield's Second Subdivision, Anoka County, Minnesota, 25-30-24-33-0125. Section 2: The Mayor and City Manager are herewith authorized to execute deeds to effectuate the conveyance of said real estate subject to the terms, purchase price and conditions specified. Section 3: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Third Reading (corrective) February 26, 1996 March 11, 1996 March 25, 1996 Offered by: Seconded by: Roll call: Jolly Peterson Ail ayes REGULAR COUNCIL MEETING MARCH 25, 1996 PAGE 5 Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary ORDINANCE NO. 1320 BEING ANORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL ESTATE LOCATED AT 4550 FILLMORE STREET NORTHEAST The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights may convey unto Habitat for Humanity the real property described as follows, to wit: Lot 2 except the North One-Half (1/2) thereof and all of Lot 3, in Block Seven (7) of Sheffield's Second Subdivision, Anoka County, Minnesota, PIN 25-30-24-33-0108. Section 2: The Mayor and City Manager are herewith authorized to execute deeds to effectuate the conveyance of said real estate subject to the terms, purchase price and conditions specified. Section 3: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Third Reading (corrective) February 26, 1996 March 11, 1996 March 26, 1996 Offered by: Seconded by: Roll call: Jolly Peterson Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary ORDINANCE NO. 1321 BEING ANORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL ESTATE LOCATED AT 1221 40TH AVENUE NORTHEAST REGULAR COUNCIL MEETING MARCH 25, 1996 PAGE 6 The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights may convey unto Habitat for Humanity the real property described as follows, to wit: That part of Lot 66 and 67, Block 5, "Reservoir Hills", Columbia Heights, Anoka County, Minnesota, according to the map or plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota, described as follows: Beginning at the southwest corner of said Lot 67; thence east along the south line of said Lot 67 a distance of 47 feet; thence north at a right angle to said south line, and extending to the north line of said Lot 66; a distance of 47 feet; thence south to the point of beginning. (Being also known as Lot 3, Auditor's Subdivision No. 26; and Lot 2, except the east 50.08 feet thereof, Auditor's Subdivision No. 26, Anoka County, Minnesota) together with all hereditaments and appurtenances belonging thereto. PIN 36-30-24-31-0003 Section 2: The Mayor and City Manager are herewith authorized to execute deeds to effectuate the conveyance of said real estate subject to the terms, purchase price and conditions specified. Section 3: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Third Reading (corrective) February 26, 1996 March 11, 1996 March 25, 1996 Offered by: Seconded by: Roll call: Jolly Peterson Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary REGULAR COUNCIL MEETING MARCH 25, 1996 PAGE 7 The corrections necessary on the preceding ordinances were to the Property Identification Numbers. b. Second Reading of Ordinance No. 1322 Beina an Ordinance Amendin~ Ordinance No. 853 Pertaining to Zoning Amendment Motion by Peterson, second by Jones to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NQ. BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO ZONING AMENDMENTS The City of Columbia Heights does ordain: Section 9.112(2) of Ordinance No. 853, City Code of 1977, which currently reads as follows, to wit: 9.112(2) Conditional Uses Within any "CBD" Central Business District, no structure or land shall be used for the following uses except by Conditional Use Permit: (a) Accessory Structures. (b) Dwelling units provided: (i) The units do not occupy the first floor. (ii) That a roof, intended for usable space, shall be enclosed by a wall or fence not less than five (5) feet in height. (c) Open sales lots provided that: (i) The lot is surfaced and graded according to a plan submitted by the applicant and approved by the City Engineer. (ii) The assembly, repair, or manufacture of goods shall not occur within an open · sales lot. (iii)If the operation of the open sales lot be self-operated or automated in total or in part, a site plan shall be submitted indicating the location of such devices. REGULAR COUNCIL MEETING MARCH 25, 1996 PAGE 8 (d) (e) (f) (g) (h) (i) (j) (k) (1) (m) (n) (iv) There is located thereon a building devoted to and used in such sales use which is at least as large in floor area as such occupation and use. Off-street parking lots subject to Section 9.116(2). Parking ramps. Public utility structures. Vending machines (coin-operated), whether they be for service or product, shall be permitted inside a building; when located outside of a building, they shall be considered as a building and conform to all applicable regulations. Should the vending machine be the principal use on the site, off-street parking shall be provided at a ratio of one (1) space for each two vending devices. Restaurants, cafes, tea rooms, taverns, bars, provided said design is to only serve customers seated at tables, counters or booths. Arcades. Tennis, racquetball, handball, table tennis and boxing clubs that provide facilities such as auditorium or bleacher areas for viewing such that exhibitions are possible. Massage therapist businesses licensed pursuant to Section 5.612. Daycare centers. Prepared food delivery establishments. Pool/billiard halls. Shall hereafter be amended to read as follow: 9.112(2) Conditional Uses REGULAR COUNCIL MEETING MARCH 25, 1996 PAGE 9 Within any "CBD" Central Business District, no structure or land shall be used for the following uses except by Conditional Use Permit. (a) Accessory structures. (b) Dwelling units provided: (i) The units do not occupy the first floor. (ii) That a roof, intended for usable space, shall be enclosed by a wall or fence not less than five (5) feet in height. (c) Open sales lots provided that: (i) The lot is surfaced and graded according to a plan submitted by the applicant and approved by the City Engineer. (ii) The assembly, repair, or manufacture of goods shall not occur within an open sales lot. (iii)If the operation of the open sales lot be self-operated or automated in total or in part, a site plan shall be submitted indicating the location of such devices. (iv) There is located thereon a building devoted to and used in such sales use which is at least as large in floor area as such occupation and use. (d) Off-street parking lots subject to Section 9.116(2). (e) Parking ramps. (f) Public utility structures. (g) Vending machines (coin-operated) whether they be for service or product shall be permitted inside of a building; when located outside of a building they shall be considered as a building and conform to all applicable regulations. Should the vending machine be the principal use on the site, off-street parking shall be provided at a ratio of one (1) space for each two vending devices. REGULAR COUNCIL MEETING MARCH 25, 1996 PAGE 10 (h) Restaurants, cafes, tea rooms, taverns, bars, provided said design is to only serve customers seated at tables, counters or booths. (i) Arcades. (J) Tennis, racquetball, handball, table tennis and boxing clubs that provide facilities such as auditorium or bleacher areas for viewing such that exhibitions are possible. (k) Massage therapist businesses licensed pursuant to Section 5.612. (1) Daycare centers. (m) Prepared food delivery establishments. (n) Pool/billiard halls. (o) Car sales/fleet sales/advertisement provided that: (i) The lot is surfaced and graded according to a plan submitted by the applicant and as approved by staff. (ii) The "for sale" or "fleet" vehicles cannot eliminate required parking spaces. (iii)No more than two (2) cars will be permitted for such use at any time. (iv) No "for sale" or "fleet" vehicle can remain on the lot for more than fourteen (14) days at any one time. (v) Size, type and style of any signage for such vehicle must be within the vehicle at all times and approved by staff. First Reading: Second Reading: Date of Passage: March 11, 1996 March 25, 1996 March 25, 1996 Offered by: Seconded by: Roll call: Peterson Jones All ayes REGULAR COUNCIL MEETING MARCH 25, 1996 PAGE 11 c. Public Hearings - Rental License Suspension or Revocation for 5121 University Avenue. 5131 University Avenue~ 5141 University Avenue and 4050 Fourth Street owned by Lynde Investments Firefighter Matt Field gave a detailed report on all four of the buildings owned by Lynde Investments which are the subjects of tonight's public hearings. He reviewed the outstanding violations as of the March 11, 1996 inspections. Mr. Rozman, one of the owners of Lynde Investments, noted what violations had been corrected. 5121 University Avenue Northeast - Public Hearing Motion by Jones, second by Peterson to close the hearing on revocation of the rental license at 5121 University Avenue. Roll call: All ayes Motion by Jones, second by Peterson to approve the conditional rental license for 5121 University Avenue Northeast conditioned upon the replacing of all apartment unit entryways with solid core 1 3/4 inch doors with U.L. approved door closers and smoke seals by January 1, 1997; the unused water heater be removed; and one third (1/3) of outstanding fees be paid for the next three (3) months commencing March 25, 1996. Roll call: All ayes 5131 University Avenue Northeast - Public Hearing Motion by Jolly, second by Ruettimann to close the hearing on revocation of the rental license at 5131 University Avenue. Roll call: Ail ayes Motion by Jolly, second by Ruettimann to approve a conditional rental license for 5131 University Avenue Northeast conditioned upon the completion of the painting in Units #1 and #2; the replacement of all apartment unit entryways with solid core 1 3/4 inch doors with U.L. approved door closers and smoke seals by February 1, 1997; and one third (1/3) of outstanding fees be paid for the next three (3) months commencing March 25, 1996. Roll call: All ayes 5141 University Avenue Northeast - Public Hearing Motion by Ruettimann, second by Peterson to close the hearing on revocation of the rental license at 5141 University Avenue. Roll call: All ayes REGULAR COUNCIL MEETING MARCH 25, 1996 PAGE 12 Motion by Ruettimann, second by Peterson to approve a conditional rental license for 5141 University Avenue Northeast conditioned upon the replacing of all apartment unit entryways with solid core 1 3/4 inch doors with U.L. approved door closers and smoke seals by March 1, 1997; and one third (1/3) of outstanding fees be paid for the next three (3) months commencing March 25, 1996. Roll call: All ayes 4050 Fourth Street Northeast - Public Hearin~ Motion by Peterson, second by Ruettimann to close the public hearing on revocation of the rental license for 4050 Fourth Street Northeast. Roll call: All ayes Motion by Peterson, second by Ruettimann to approve the conditional rental license for 4050 Fourth Street conditioned upon the replacing of all apartment unit entryways with solid core 1 3/4 inch doors with U.L. approved door closers and smoke seals by April 1, 1997, and one third (1/3) of outstanding fees be paid for the next three (3) months commencing March 25, 1996. Roll call: All ayes ITEMS FOR CONSIDERATION a. Other Resolutions/Ordinances 1. Resolution No. 96-31 Being a Resolution AuthoriziNg Purchase of Hillcrest Property Adjacent to Huse~ P~k Motion by Peterson, second by Jones to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 96-31 RESOLUTION AUTHORIZING THE PURCHASE OF TRACT D, R.L.S. #159, ANOKA COUNTY, MINNESOTA WHEREAS, the City Council of the City of Columbia Heights (the "City") desires to provide quality recreational facilities to the city's residents; and WHEREAS, the acquisition of the vacant parcel situated between 39th Avenue Northeast and Huset Park, more specifically described as Tract D, Registered Land Survey #159, Office of the Registrar of Titles, Anoka County, Minnesota, would allow improvements to the facilities at Huset Park; and REGULAR COUNCIL MEETING MARCH 25, 1996 PAGE 13 WHEREAS, city staff has negotiated a purchase agreement for said property with Hillcrest Development (the "Seller"). WHEREAS, $50,000 was appropriated in the 1996 budget for the purchase of this land. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that: The City Council hereby approves the terms of the Purchase Agreement for said property between the City and Hillcrest Development, and authorizes the Mayor and City Manager to sign the agreement on behalf of the City at a purchase price of $80,198, which is established as the fair market value based on the amount being the price for the property offered for sale by the owner and the value being determined by comparison of formal appraisals of the property. The City Council hereby authorizes the City Manager to handle all the requirements and conditions in order for the City to complete the transaction contemplated in the Purchase Agreement. The City Council appropriated $30,198 from fund balance in Fund 412, Capital Improvements-Parks, for land acquisition. The City Council approves payment of the purchase from Fund 412, Capital Improvements-Parks. Passed this 25th day of March, 1996. Offered by: Peterson Seconded by: Jones Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary b. ~id Considerations REGULAR COUNCIL MEETING MARCH 25, 1996 PAGE 14 1. Authorize Final Payment for LaBelle Pond Improvement~ Motion by Ruettimann, second by Peterson to accept the work for LaBelle Pond Rehabilitation - Peripheral Improvements, Project 9312, and to authorize final payment of $1,631.50 to Dave Perkins Contracting, Inc. of Ramsey, Minnesota. Roll call: All ayes 2. Award 1996-97 DED Tree Removal Contract The City Manager advised this is a two year contract. Motion by Jolly, second by Peterson to award the 1996-97 Dutch Elm Disease (DED) tree removal contract to Bluemel's Tree and Landscape, Inc. of Hudson, Wisconsin, based on their low, qualified, responsible bid of $10.00 per inch diameter on tree removal and $1.45 per inch diameter for stump removal or a total of $11.45 per inch diameter; and furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. Roll call: All ayes c. Other Business 1. Authorize Funding of "The Zone" Motion by Peterson, second by Sturdevant to authorize the payment of $1,700.00 to the City of Fridley for the expense of one adult supervisor at "The Zone" for the remainder of 1996, with funds being appropriated from the City Council Contingency Fund 101-41110-8100. Roll call: All ayes e City's Response to U.S. WEST's Petition to the Minnesot~ Public Utilities Commission Motion by Ruettimann, second by Peterson to direct the Cable Attorney, Tom Creighton, to include the City of Columbia Heights in the filing of a petition to intervene in U.S. WEST's petition. Roll call: All ayes ADMINISTRATIVE REPORTS a® Report of the City Manager The City Manager's report was submitted in written form. He referred the Council to Item #1 regarding the agenda format. He requested some feedback. REGULAR COUNCIL MEETING MARCH 25, 1996 PAGE 15 e 10. 11. 12. b. Report of the City Attorney The City Attorney had nothing to report at this time. GENERAL COUNCIL COMMUNICATIONS The following communications were included in the Council's agenda packet: Minutes of the March 6, 1996 Planning and Zoning Commission Meeting Minutes of the March 4, 1996 Library Board of Trustees Meeting No Council action was required on these communications. CITIZEN FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA There was no one present for citizen Forum. EXECUTIVE SESSION Motion by Sturdevant, second by Peterson to close the Regular Council Meeting of March 25, 1996 to move to an Executive Session for the purpose of discussing the limit on a settlement authorization and that Jo-Anne Student be appointed to keep a written record of same. Roll call: All ayes Reconvene Regular Council Meeting Motion by Ruettimann, second by Peterson to reconvene the regularly scheduled Open Meeting of the Columbia Heights City Council on March 25, 1996 having been in Executive Session to discuss the limit on a settlement authorization, a written record being kept by Jo-Anne Student. Roll call: All ayes ADJOURNMENT Motion by Ruettimann, second by Peterson to adjourn the Council Meeting at 8:15 p.m. Rol~ call: Alljayes Student, Council Secretary