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HomeMy WebLinkAboutSeptember 13, 1999OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING SEPTEMBER 13, 1999 1. CALL TO ORDER/ROLL CALL The meeting was called to order by Mayor Peterson at 7:00 p.m. Present were Mayor Peterson and Council members Szurek, Jolly, Wyckoff and Hunter. 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO THE MEETING AGENDA There were no additions nor deletions to the meeting agenda. 4. CONSENT AGENDA (These items are considered to be routine by the City Council and are enacted upon as part of the Consent Agenda by one motion. Items removed from Consent Agenda approval are taken up as the next order of business.) A. Motion by Wyckoff, second by Szurek to approve the Consent Agenda as follows: 1) Meeting Minutes - August 23, 1999 Council Meeting The Council approved the minutes of the August 23, 1999 Council Meeting as presented. 2) Establish a Joint Meeting with Telecommunications Commission The Council established a special meeting of the City Council and the Telecommunications Commission for Thursday, October 21, 1999 at 7:00 p.m. 3) Joint Budget Meeting with City Council and Park and Recreation Commission The Council scheduled the 2000 joint budget meeting with the City Council, Recreation Department staff and Park and Recreation Commission on Wednesday, October 27, 1999 at 7:00 p.m. in the Gauvitte Room in Murzyn Hall. 4) Establish City Council/Library Board Budget Meeting The Council established October 5, 1999 at 6:30 p.m. in the Library Activity Room as the joint City Council and Library Board meeting to discuss the proposed 2000 Library budget. 5) 1999 Community Development Block Grant Contract The Council approved the contract agreement for the 1999 Community Development Block Grant Program between Anoka County and the City of Columbia Heights and authorized the Mayor and City Manager to enter into an agreement for the same. It was noted that the $50,000 of CDBG funds originally earmarked for the school district did not meeting the requirements, and therefore, will be channeled into the Community Revitalization Account. 6) Resolution No. 99-72 Regarding the Extension of a Moratorium on Property Owned by St. Timothy' s Church The reading of the resolution was waived there being ample copies available for the public. RESOLUTION NO. 99-72 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 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 NE 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, 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 a senior rental apartment project only; and, WHEREAS, the current zoning of this property as R-3, Multiple Family Residential District 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. 2 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 of a resolution of the City Council upon earlier consideration of findings. Passed this 13th day of September, 1999. Offered by: Wyckoff Seconded by: Szurek Roll call: All ayes Mayor Gary L. Peterson Jo-Anne Student, Council Secretary 7) Close Hearings Regarding Rental License Revocations The Council closed the public hearing regarding the revocation or suspension of the rental license held by the following owner/properties in that the property is in compliance with the Housing Maintenance Code: Wayne Mecl at 3819 Main Street, Donn Woods at 1133 45th Avenue, Terry Thornberg at 4326 Monroe Street, Joseph Ryan at 1000 41st Avenue, #103, Anthony Melton at 3736 3rd Street, Susan Loewenthal at 4040-42 Cleveland Street and Ginger Duckworth at 4356 5th Street. 8) Establish Hearing Date - License Revocation, Rental Property The Council established a hearing date of September 27, 1999 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against Joe Bazzett at 4514-16 Fillmore Street. 9) Resolution No. 99-73 - 2000 Business License Fees The reading of the resolution was waived there being ample copies available for the public. RESOLUTION NO. 99-73 ADOPTING 2000 BUSINESS LICENSE FEE SCHEDULE WHEREAS, Ordinance No. 853, City Code of 1977, pertaining to commercial licensing regulations provides for the establishing of annual license fees; and WHEREAS, The City has participated in a survey of metropolitan municipalities regarding business license fees charged by other communities; and WHEREAS, The City is attempting to maintain business license fees which are comparable to other communties; and WHEREAS, The City annual reviews its business license fee schedule; NOW, THEREFORE, BE IT RESOLVED that the attached proposed license fee schedule be adopted and effective January 1, 2000. Passed this 13th day of September, 1999. Offered by: Wyckoff Seconded by: Szurek Roll call: All ayes Mayor Gary L. Peterson Jo-Anne Student, Council Secretary 10) 1999 Storm Water Improvements The Council authorized Visu-Sewer Clean and Seal, Inc. of Minneapolis, Mn. to clean approximately 1,080 lineal feet of 48 inch storm sewer east of Tyler Street between 43 lA Avenue and 44th Avenue at a cost not to exceed $21,000 with funding providing by ElK project fund 415-59909. 11) Authorization to Purchase Salt Storage Shed Door for MSC The Council authorized the purchase of bi-fold doors for the salt storage shed from Schweiss Distributing, Inc. in an amount of $7,615.00 plus tax with funds from 101-43121-5120. 12) Award of 40th Avenue Street Light Replacement The Council awarded the replacement of the street light on 40th Avenue to Heights Electric of Columbia Heights, Minnesota, based upon their low, qualified responsible quotation in the amount of $4,350 with funds to be appropriated from Fund 212-43190-5130 and authorized the Mayor and City Manager to enter into an agreement for the same. 13) Approval of License Applications The Council approved the license applications as listed on the business license agenda for September 13, 1999. 14) Payment of Bills The Council approved the payment of the bills as listed out of proper funds. 4 15) Conditional Use Permit - 4032 Central Avenue Northeast The Council approved the conditional use permit to allow the proposed coffee shop at 4032 Central 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; 2) All proposed signage must be submitted on the City prescribed application form and must fully comply with the Zoning Ordinance; and 3) Waste receptacle shall be provided for patrons using the outdoor seating area. 16) Conditional Use Permit - 4079 Central Avenue Northeast The Council approved the conditional use permit to allow the operation of New Horizon Child Care at 4079 Central 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; 2) All proposed signage must be submitted on the City prescribed application form and must fully comply with the Zoning Ordinance; 3) A speed bump shall be provided in the drive aisle between the sidewalk along the building and the double-row of parking on the west of the proposed playground. A second speed bump shall be provided in the area in front of the tenant space currently occupied by Sylvester' s; 4) The traffic circulation pattern shall be clearly identified and marked on the surface of the parking lot and/or with directional signage; and, 5) The site plan shall be amended to provide temporary parking spaces for the drop off and pick up of children. These spaces shall be clearly marked and identified. 17) First Reading of Ordinance No. 1400 Being an Ordinance Pertaining to Rezoning of Certain Property The reading of the ordinance was waived there being ample copies available for the public. ORDINANCE NO. 1400 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977 PERTAINING TO THE REZONING OF CERTAIN PROPERTY Section 1: That certain property legally described as Lot 9, Block 37, Columbia Heights Annex to Minneapolis. Section 2: To authorize and direct staff to amend the official zoning map to reflect the change in zoning from LB, Limited Business District, to RB, Retail Business District, upon the effective date of said ordinance. Section 3: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: September 13, 1999 The Council established September 27, 1999 at approximately 7:00 p.m. as the second reading of Ordinance No. 1400. 5. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS The following newly-hired employees were introduced: Sherri Jensen, Public Works Parks Department, Shawn Johnson, Public Works Administrative Assistant, Aleksandr Chernin, IS Director and Matthew Aish, Police Officer. Police Chief Johnson introduced Lennie Austin, who was recently promoted to Corporal. Two Citizen Commendations were given to the following people for assisting the Police Department in the apprehension of criminals: LaVonne Gavenda and Anthony Griffith. 6. PUBLIC HEAR1NGS A. Resolution No. 99-75 Being a Resolution Regarding a Public Hearing for a Petitioned Alley The Public Works Director reviewed the project with the use of overheads. This is an unimproved alley and had been requested by some of the property owners adjacent to a portion of the alley. The Public Hearing was closed by Mayor Peterson. Motion by Hunter, second by Jolly to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 99 - 75 BEING A RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS WHEREAS, the Columbia Heights City Council received a petition to construct a concrete alley and by Resolution No. 99-71 the 23rd day of August, 1999, fixed a date for a council hearing on the proposed improvement of an alley, West of Reservoir Boulevard and from 150' South of Circle Terrace Boulevard to Circle Terrace Boulevard. AND WHEREAS, ten days mailed notice and twice published notice of the hearing a week apart was given, and the hearing was held thereon the 13th day of September, 1999, at which all persons desiring to be heard were given an opportunity to be heard thereon, WHEREAS, the Council determines to proceed with this local improvement, a portion of the cost being defrayed by special assessments under Charter provisions. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: 1. That the extent of such improvements is as follows: Concrete alley construction, 12 feet in width. Work includes required utility work, new granular sub-base, new aggregate base, new concrete surfacing, required retaining wall, concrete or bituminous driveway, service walk/step and sod replacement and miscellaneous construction items. 2. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report. 3. Such improvement is hereby ordered as proposed in Resolution No. 99 - 71 on the 23rd day of August, 1999. 4. These improvements shall also be known as P.I.R. 1017 - Project #9902. 5. Kevin Hansen is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. Adopted by the Council this 13th day of September, 1999. Offered by: Hunter Seconded by: Jolly Roll Call: All ayes Gary L. Peterson, Mayor Jo-Anne Student, Deputy City Clerk B. Public Hearing/Second Reading of Ordinance No. 1398, Sale of 4519-21 Taylor Street NE Mayor Peterson closed the public hearing. 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. 1398 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 977, AUTHORIZING THE CONVEYANCE OF CERTAIN REAL ESTATE AT 4519/21 TAYLOR STREET NORTHEAST The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights may convey unto Ernesto Payan the real property at 4519/21 Taylor Street NE described as follows, to wit: Lot Twenty-one (21) and the North One-half (iA) of Lot Twenty (20) in Block Seven (7) of Sheffield's Second Subdivision according to the plat thereof on file and of record in the office of the Register of Deeds of Anoka County, Minnesota. Section 2: The Mayor and City Manager are herewith authorized to execute the deed to effectuate the conveyance of said real estate subject to the terms, purchase price, and conditions specified in the Purchase Agreement. Section 3: 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: August 23, 1999 September 13, 1999 September 13, 1999 Offered by: Wyckoff Seconded by: Hunter Roll call: All ayes Mayor Gary L. Peterson Jo-Anne Student, Council Secretary C. Public Hearing/Second Reading of Ordinance No. 1399, Sale of 4642/4644 Taylor Street Northeast Motion by Szurek, second by Jolly to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1399 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AUTHORIZING THE CONVEYANCE OF CERTAIN REAL ESTATE AT 4642/4644 TAYLOR STREET NORTHEAST The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights may convey unto Lag. L. Wang and Phoua Lee the real property at 4642/4644 Taylor Street NE described as follows, to wit: Lot Five (5) and the South One-half (iA) of Lot Four (4), Block One (1), Sheffield's Second Subdivision according to the plat thereof on file and of record in the office of the Register of Deeds at Anoka, Anoka County, Minnesota. Section 2: The Mayor and City Manager are herewith authorized to execute the deed to effectuate the conveyance of said real estate subject to the terms, purchase price, and conditions specified in the Purchase Agreement. Section 3: 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: August 23, 1999 September 13, 1999 September 13, 1999 Offered by: Szurek Seconded by: Jolly Roll call: All ayes Mayor Gary L. Peterson Jo-Anne Student, Council Secretary D. Resolution No. 99-74 Being a Resolution Adopting a Proposed Budget/Setting Local Levies and Establishing a Budget Hearing Date The City Manager reviewed the budget being proposed. He advised that the final levy can be less than the proposed levy but it cannot be more than the proposed levy. Former Mayor Nawrocki spoke to the proposed budget. He noted that the last annual audit performed by the City's auditing firm has suggested there could be a decrease in the City's share of the property taxes. He reviewed all of the fund balances and observed that the City had received a refund from the state which resulted from a change in the funding for Fire Department personnel. Motion by Jolly, second by Szurek to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 99-74 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA ADOPTING A PROPOSED BUDGET FOR THE YEAR 2000 AND SETTING THE PROPOSED TOTAL CITY LEVY COLLECTABLE FOR THE YEAR 2000 AND APPROVE THE HRA LEVY OF $94,752 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: That the following is hereby adopted by the City of Columbia Heights. Section A. The proposed budget for the City of Columbia Heights for the year 2000 is hereby approved and adopted with appropriations for each of the funds as listed below: Expense General Fund State Aid Cable Television Fund Library DARE Project Capital Equipment Replacement Funds Central Garage Fund Liquor Water Utility Fund Sewer Utility Fund Refuse Fund Energy Management Data Processing Police/Fire Contingencies Reserve Debt Service Fund 8,181,536 119,850 212,399 565,680 8,325 570,944 463,818 1,321,648 1,441,331 1,306,361 1,507,210 315,574 273,598 55,000 2,363,310 Total Expense Including Interfund Transfer 18,706,584 10 Section B. The estimated gross revenue to fund the budget of the City of Columbia Heights for all funds, including general ad valorem tax levies and use of fund balances, as hereinafter set forth for the year 2000: Revenue General Fund State Aid Cable Television Fund Library DARE Project Capital Equipment Replacement Funds Central Garage Fund Liquor Water Utility Fund Sewer Utility Fund Refuse Fund Energy Management Data Processing Police/Fire Contingencies Reserve Debt Service Fund 8,181,536 119,850 212,399 565,680 8,325 570,944 463,818 1,321,648 1,441,331 1,306,361 1,507,210 315,574 273,598 55,000 2,363,310 Total Revenue Including Interfund Transfers 18,706,584 Section C. The following proposed sums of money are levied for the current year, collectable in 2000, upon the taxable property in said City of Columbia Heights, for the following purposes: Estimated Area-Wide Estimated General Fund Levy Estimated Library Fund Levy Estimate EDA Fund Levy 895,085 1,781,331 500,244 119,296 Total Proposed Levy 3,295,956 Section D. The City Council of the City of Columbia Heights hereby approves the Housing and Redevelopment Authority Tax Levy for fiscal year 2000 in the amount of $94,752. BE IT FURTHER RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: That the budget hearing will be held on December 6, 1999 at approximately 7:00 p.m. in the City Council Chambers. 11 The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Anoka County, Minnesota Approved this 13th day of September, 1999. Offered by: Jolly Seconded by: Szurek Roll call: All ayes Mayor Gary L. Peterson Jo-Anne Student, Council Secretary 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1). Resolution No. 99-76 Being a Resolution for Revocation, 1206-1208 Circle Terrace The history of the ownership of this property was discussed. Claude Loewenthal, the son of the owner, advised he was recently appointed to manage the property. The non-compliance issues regarding the property were discussed. Mr. Loewenthal requested some time to bring the rental property into compliance. Motion by Hunter, second by Wyckoffto table further consideration of this matter until the October 25, 1999 Council Meeting with the understanding if the property is not compliant at that date there will be an automatic revocation. Roll call: All ayes 2) Resolution No. 99-77 Being a Resolution for Revocation - 1407-1409 Circle Terrace As in the last agenda item, this property is owned by the same person and the same issues apply. There was some concern of the Mayor which addressed the landscaping problems behind the property. These problems will be researched by the Assistant Fire Chief. Motion by Hunter, second by Wyckoffto table further consideration of this matter until the October 25, 1999 Council Meeting with the understanding if the property is not compliant at that date there will be an automatic revocation. Roll call: All ayes B. Bid Considerations None 12 C. Other Business 1) Multi-Use Center Referendum The Finance Director reviewed the projected annual cost for this multi-use center on various priced homes in Columbia Heights. If approved, this will be a twenty year bond issue. Former Mayor Nawrocki felt the referendum was being prematurely planned. He noted that no information is available regarding the actual cost of the facility or the annual maintenance and operating expenses. He suggested a date next year for the referendum would be more appropriate as there would be more accurate information available and weather would not be an issue. The date being recommended for the referendum is December 14, 1999. Mr. Nawrocki also recalled that the initial reason for considering this facility was because of the potential loss of some gymnasium space at NEI. This reason is no longer valid as this gym space continues to be available. The Recreation Director stated that the need for this facility had been addressed. He has received 216 completed surveys regarding the need for this facility and a large percentage of them were supportive of the building. Motion by Hunter, second by Szurek to approve the date of Tuesday, December 14, 1999 for special election referendum for multi-use center. Roll call: All ayes Motion by Hunter, second by Wyckoffto approve referendum ballot language as "Shall the City of Columbia Heights be authorized to issue its general obligation bonds in an amount not to exceed $4,950,000 to provide funds for construction of a multi-use center addition (meeting rooms for seniors and teens, walking track, fitness center, a multi-purpose area, locker rooms, children's indoor play area and other uses) onto Murzyn Hall in Huset Park ?" Roll call: All ayes 8. ADMINISTRATIVE REPORTS A. Report of the City Manager The City Manager reported on the following: 1) Commissioner Kordiak was misquoted in the local newspaper regarding the City's public library. He has contacted the City Manager and this matter will be corrected. 2) A letter was received from a resident who lives near the City's liquor store on University Avenue. The letter spoke to many of the behavior problems and traffic problems being experienced in the neighborhood in the last few years. Council discussion addressed the associated problems and potential solutions. The Police Chief will research information regarding these matters and have them on a work session agenda. 3) A survey is being done on the compliance by property owners regarding identification numbers on garages located on alleyways. 13 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 following meetings were included in the agenda packet: August 25, 1999 Park and Recreation Commission and the August 19, 1999 Telecommunications Commission. No Council action was required. 10. CITIZENS FORUM A resident came to the Council Meeting to advise that Channel 16, which is the local cable channel carrying the Council Meeting broadcast live, was not functioning. The resident at 3832 Jackson stated some of his concerns regarding speed in his alley, weeds and vegetation in his area and some driveways/parking spaces which are not hard-surfaced as required by ordinance. Staff will pursue this person's concerns. A resident from 49th Avenue and Jackson Street advised the Council she received a non- compliance letter which made her feel as though she was singled out. The long standing issues regarding her property were presented by her. The Assistant Fire Chief stated he will detail all of the existing violations. 11. ADJOURNMENT The meeting was adjourned at 9:55 p.m. Respectfully submitted, Jo-Anne Student, Council Secretary 14