HomeMy WebLinkAboutMay 10, 1999OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS CITY COUNCIL
REGULAR COUNCIL MEETING
MAY 10, 1999
1. CALL TO ORDER/ROLL CALL
The Council Meeting was called to order by Mayor Peterson at 7:00 p.m. Present were Mayor
Peterson and Councilmembers Szurek, Wyckoff and Hunter. Councilmember Jolly was out of
town.
2. PLEDGE OF ALLEGIANCE
3. ADDITIONS/DELETIONS
There were no additions nor deletions.
4. CONSENT AGENDA
(These items are considered to be routine by the City Council and will be enacted as part of the
Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as
next order of business.)
A. Motion by Szurek, second by Hunter to approve the consent agenda as follows:
1) Minutes for Approval
The Council approved the minutes of the April 26, 1999 Regular Council Meeting as
presented.
2) Reappointments to Boards and Commissions
The Council reappointed the following people to various boards and commissions: Joseph
Sturdevant to the Traffic Commission, Charlie Peasha to the Merit Commission, Dennis
Stroik and Reuben Ruen to the Telecommunications Commission, Richard Hubbard to the
Library Board and Bruce Nawrocki to the Police and Fire Civil Service Commission.
3) Appointment to the Park and Recreation Commission
The Council appointed Scott Niemeyer to the Park and Recreation Commission to fill the
unexpired term of James Nelson which expires in April of 2002.
4) First Reading of Ordinance No. 1390 Being an Ordinance Vacating a Certain Alley
The reading of the ordinance was waived there being ample copies available for the public.
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ORDINANCE NO. 1390
BEING AN ORDINANCE AMENDING ORDINANCE NO.853
CITY CODE OF 1977, VACATING A CERTAIN ALLEY EASEMENT
The City of Columbia Heights does ordain:
Section 1: The City of Columbia Heights herewith vacates the public alley over, across,
and under the following described property, to wit:
The alley running west to east, from north-south alley to Jefferson Street N.E., adjacent to
the north side of Lots 13, 14, 15, 16, and 17, and to the south side of Lot 12 including
that portion of the alley adjacent to Lot 12, Block 55, Columbia Heights Annex to
Minneapolis, Anoka County, Minnesota, commencing 20 feet south of the Northwest
corner of said Lot 12, a distance of 10 feet south, thence at right angle east for a distance
of 10 feet, thence northwesterly to the point of beginning and there terminating,
excepting and reserving a drainage and utility easement over, under and across said
vacated public alley..
Section 2: This Ordinance shall be in full force and effect from and after thirty (30) days
after its passage.
First Reading:
May 10, 1999
The Council established May 24, 1999 at approximately 7:00 p.m. as the second reading
of Ordinance No. 1390.
5) Quarterly Meeting, Columbia Heights/Fridley/Hilltop City Council and ISD #13 School
Board
The Council scheduled the quarterly meeting of the Columbia Heights Fridley and Hilltop
City Councils and ISD #13 School Board for Wednesday, May 26th at 6:30 p.m. in Room
#116 at the Fridley Community Center.
6) Conditional Use Permit Request - 556 40th Avenue Northeast
The Council approved the conditional use permit request to allow a dwelling unit on the
second floor of the building at 556 40th Avenue Northeast subject to the following
conditions:
1. All required state and local codes, permits, licenses and inspections will be met
and in full compliance.
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2. At no time shall any space directly associated with the dwelling unit occupy the
first floor of the building. This shall include, but not be limited to, kitchens,
restrooms, and bedrooms.
3. The parking lot shall be hard surfaced to comply with the Housing Maintenance
Code.
4. The unit shall not be converted back to office space unless a shared-parking
agreement is reached.
7) Conditional Use Permit Request - 5060 Central Avenue Northeast
The Council approved the conditional use permit to allow the operation ofUdupi Caf~ in
the Retail Business Zoning District at 5060 Central Avenue Northeast, subject to the
following conditions;
1. All required state and local codes, permits, and inspections including, but not
limited to building permits, fire code, and health department regulations will be met
and in full compliance.
2. The screening fence shall be repaired and maintained in good condition.
3. All proposed signage must be submitted on the City prescribed application form
and must fully comply with Zoning Ordinance.
4. The existing graphics on the building, retaining wall, and dumpster enclosure
shall be removed or covered.
5. The wood storage box located along the west side of the building shall be
removed
6. Removal of the outdoor seating area.
Councilmember Szurek, who serves on the Planning and Zoning Commission, advised that
the outdoor seating area was removed at the request of the Commission. No permit to
install this seating was requested. It was also felt that the seating was unattractive.
8) Payment of the Bills
The Council approved the payment of the bills as listed out of proper funds.
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9) Approval of License Applications
The Council approved the license applications as listed and the housing rental license
applications as listed in the memo from Fire ChiefKewatt dated May 4, 1999.
Roll call on consent agenda: All ayes
5. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS
A. Recognition
Mayor Peterson presented an engraved clock to Jim Fowler in recognition of his years of
service on the Planning and Zoning Commission.
6. PUBLIC HEARINGS
There were no public hearings.
7. ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions
1) Second Reading of Ordinance No. 1387 Regulating the Number of False Alarms
Allowed in a Calendar Year
Motion by Wyckoff, second by Hunter to waive the reading of the ordinance there being
ample copies available for the public. Roll call: All ayes
ORDINANCE NO. 1387
BEING AN ORDINANCE CREATING SECTION OF THE COLUMBIA HEIGHTS
CITY CODE THAT MAKES IT UNLAWFUL TO HAVE MORE THAN THREE
FALSE ALARMS WITHIN ONE (1) CALENDAR YEAR
Section 10.313 False Alarm Response
1. Definitions:
a. Alarm: Means a mechanical, electrical or an electronic device designed to
detect and/or signal; intrusion, holdup, trouble, or fire, excluding such
device affixed to a motor vehicle.
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(1)
(2)
(c)
(1)
False Alarm: Means an alarm signal when response by the police and/or fire
departments is not in fact required, but excluding an alarm caused by storm
or other conditions beyond the reasonable control of the alarm or alarm
use.
False alarms signaled within a 24-hour period of the original false alarm
will not be counted as additional alarms, to allow for the repair and/or
correction of the malfunction.
The Columbia Heights Police will document all police false alarms for the
purpose of enforcing this ordinance and the Columbia Heights Fire
Department will document all fire false alarms for the purpose of enforcing
this ordinance.
Exception: Federal and/or State agencies and political subdivisions of the
Federal and State government shall be exempt from the payment of any
permit fees and/or false alarm charges otherwise provided for by this
ordinance.
A fee shall be payable to the City of Columbia Heights for the third
response and each subsequent response within one calendar year by the
Police and/or Fire Department to an automatic alarm device triggered other
than by reason of criminal activity and/or fire (false alarm). The fee shall be
set by resolution.
(2)
The City shall have the power to collect such fee by whatever means
necessary_, including the issuance of ordinance violation summons for
failure to comply with the requirements of this section within seven (7)
working days of receiving notice of payment due. The person responsible
for the payment of such fee is the person to be cited. A petty misdemeanor.
(3)
Liability of City: The regulation of alarm response shall not constitute
acceptance by the Cit of liability to maintain equipment, to answer alarms,
or to respond to alarms in any particular manner.
First Reading:
Second Reading:
Date of Passage:
April 12, 1999
May 10, 1999
May 10, 1999
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Offered by: Wyckoff
Seconded by: Hunter
Roll call: All ayes
Mayor Gary L. Peterson
Jo-Anne Student, Council Secretary
2) Reconsider Resolution No. 99-27 Being a Resolution to Construct a Concrete Alley
At the April 26, 1999 Council Meeting this resolution was adopted in error. It must be
reconsidered so it can be denied.
Motion by Szurek, second by Hunter to reconsider Resolution No. 99-27 being a
resolution to construct a concrete alley generally described as 40th to 41st Avenue, N-S
alley to Jefferson Street. Roll call: All ayes
Motion by Szurek, second by Hunter to deny Resolution No. 99-27. Roll call: All ayes
3) Resolution No. 99-53 - Moratorium on St. Timothy's Property
Motion by Hunter, second by Szurek to waive the reading of the resolution there being
ample copies available for the public. Roll call: All ayes
RESOLUTION NO. 99-53
BEING A RESOLUTION OF THE COLUMBIA HEIGHTS CITY COUNCIL
IMPOSING A FOUR MONTH EXTENSION TO THE MORATORIUM ON SITE
IMPROVEMENTS AND/OR DEVELOPMENT OF PROPERTY OWNED BY ST.
TIMOTHY'S LUTHERAN CHURCH IN COLUMBIA HEIGHTS
WHEREAS, the City Council of the City of Columbia Heights has approved rezoning of
certain property at St. Timothy's Lutheran Church, 825, 51st Avenue Northeast from R-2,
Two Family Residential District, to R-3 Multiple Family Residential District; and
WHEREAS, the purpose of the rezoning request and approval therefor was to permit the
development of a 70-unit, three story, market rate, senior housing rental apartment project
by Nedegaard Custom Homes, developer, and Mary T, Inc., owner and service provider;
and,
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WHEREAS, by letter dated June 5, 1998, Mary T. Inc. has informed officials of the City
of Columbia Heights that they will no longer pursue a senior housing project in Columbia
Heights; and,
WHEREAS, the City Council has represented in general terms to adjacent property
owners that development at this site was intended for senior rental apartment project only;
and,
WHEREAS, the current zoning of this property as R-3, Multiple Family Residential
District as allows as permitted uses other types of projects including, but not limited to,
townhouses, other multiple family dwelling structures, YMCA and similar non-profit
organizations; and
WHEREAS, the City Council determines it is necessary to 1) complete the
Comprehensive Plan update and conduct further research and analysis as to appropriate
land uses for this surrounding area which currently consists of single family homes,
church, public park, and retail business uses; and 2) identify appropriate zoning and
performance standards for the subject property.
NOW, THEREFORE, BE IT RESOLVED THAT the Columbia Heights City Council
hereby imposes a four month extension to the moratorium on site improvements and/or
development of property owned by St. Timothy's Lutheran Church in Columbia Heights,
with said four month extension commencing and effective the date of adoption of this
resolution, and recognizing said four month time period may be shortened by adoption by
a resolution of the City Council upon earlier consideration of findings.
Passed this l0th day of May, 1999.
Offered by: Hunter
Seconded by: Szurek
Roll call: All ayes
Mayor Gary L. Peterson
Jo-Anne Student, Council Secretary
B. Bid Considerations
None
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C. Other Business
1) Award of Contract for Demolition of Structures
Councilmember Wyckoff inquired if there are any opportunites for recycling or salvaging
materials out of these demolitions. The EDA Director responded that he has contacted the
Re-Use Center, which is located in Lake Street in Minneapolis, regarding this matter. He
has received no information back from this firm at this point in time.
Motion by Szurek, second by Wyckoffto award the demolition, site clearance, and site
restoration work to Blue Earth Environmental Company, Inc. based upon their low,
qualified, responsible bid in the amount of $80,800.00 with funds to be appropriated from
proper funds; and furthermore, to authorize the Mayor and City Manager to enter into an
agreement for same. Roll call: All ayes
8. ADMINISTRATIVE REPORTS
A. Report of the City Manager
1) Community Center: The City Manager advised that two public relations firms have
been contacted regarding the multi-use center. Representatives of these two firms will be
interviewed.
2) Lynde Investment Lawsuit: The City Manager advised the Council of the findings of the
judge relative to the Lynde Investment lawsuit and the tenants involved. The City
Manager was directed to follow up on a section of the Housing Maintenance Code which
was questioned relative to its constitutionality.
B. Report of the City Attorney
The City Attorney had nothing to report at this time.
9. GENERAL COUNCIL COMMUNICATIONS
A. Minutes of Boards and Commissions
The minutes of the April 28, 1999 Park and Recreation Commission were included in the
packet. No Council action was required.
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10. CITIZENS FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA
Students from a local school were attending the Council Meeting for a class assignment. Mayor
Peterson welcomed them and encouraged them to introduce themselves and make comment.
11. ADJOURNMENT
Motion by Wyckoff, second by Szurek to adjourn the meeting at 7:45 p.m. Roll call: All ayes
Respectfully submitted,
Jo-Anne Student, Council Secretary