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HomeMy WebLinkAboutNovember 8, 1999 OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING NOVEMBER 8, 1999 L CALL TO ORDER/APPOINTING OF SECRETARY PRO TEM,/ROLL CALL The meeting was called to order at 7:00 p.m. Motion by Councilmember Jolly, seconded by Councilmember Szurek, to appoint Carole Blowers as Secretary Pro Tem. Motion passed unanimously. Roll Call: Peterson, Hunter, Jolly, Szurek, Wyckoff all present. PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA Item 4.A.5) was removed from the consent agenda pertaining to the public meeting regarding the multi- use center referendum. Item 4.A. 16) was added to the consent agenda pertaining to Resolution 99-92. Under Item 5.D. Guests, a presentation of a donation from the VFW Post 230 was added. CONSENT AGENDA Ao Motion by Councilmember Szurek, seconded by Councilmember Jolly, to approve Consent Agenda items as follows: 1) Minutes for Approval The Council approved the minutes of the October 25, 1999, Regular Council Meeting as presented. 2) Approve Transfer of Funds to Repay Fire Department Budget The Council approved the transfer of $1,878.19 received from Burlington Northern Santa Fe Railroad for the May 3, 1999, grass fire from the General Fund to account 101-42200- 1020; and further, to transfer $2,950.00 received from Burlington Northern Santa Fe Raikoad for the May 3, 1999, grass fire from the General Fund to account 101-42200- 2282. 3) Authorize Purchase of One Unmarked, Downsized Vehicle for the Police Department The Council authorized the purchase of one 1999 Ford Taurus unmarked mid-size vehicle from the State of Minnesota bid #424587, in the amount of $15,726.86 including tax, funding to come from 431-42100-4150; and authorized the Mayor and City Manager to enter into a contract for same. 4) Approve Budget Appropriation for Communi _ty Center Promotions The Council approved a budget appropriation of $10,000 from the General Fund Undesignated Fund balance to the Recognition/Special Events Department in the General Fund for activities related to the proposed community center and referendum, and to appropriate $10,000 from the General Fund under Fund Balance to the Election 5) Department in the General Fund to cover the cost of the referendum election. Adopt Resolution Opposing Legislation Revoking the City's Authority to Negotiate, Award, and Regulate Cable Television Franchises The reading of the resolution was waived, there being ample copies available to the public. RESOLUTION 99-90 BEING A RESOLUTION OPPOSING ANY LEGISLATION THAT WOULD REVOKE THE CITY'S AUTHORITY TO NEGOTIATE, AWARD, AND REGULATE CABLE TELEVISION FRANCHISES WHEREAS, the City of Columbia Heights has been granted the legal authority to negotiate, award, and regulate cable television franchises under both federal statute Title 6 and Minnesota State Statute Chapter 238; and WHEREAS, the City of Columbia Heights accepted the responsibility that comes with the awarding of the cable television franchise, including ensuring that the cable company meets the identified needs of the community such as community television and institutional networks and serving as a local resource to resolving customer service issues; and WHEREAS, state legislation has been proposed that would repeal Chapter 238 and revoke the City's authority to award a cable television franchise, eliminate the City as a local resource to its citizens for resolving customer service issues, and remove the City's ability to receive direct support for community television and other provisions that meet community needs; and WHEREAS, it has not been demonstrated by any means that local governments' role in cable franchising impedes in any manner the ability of cable and telecommunications companies to offer full and competitive services; and WHEREAS, while the City of Columbia Heights acknowledges the regulatory challenge of addressing the convergence of voice, video and data services, local governments are essential to any legislative discourse in this area and must retain authority to ensure continued local support for its community; NOW, THEREFORE, BE IT RESOLVED THAT, the City of Columbia Heights must retain its authority to franchise companies providing cable television services and is hereby opposed to any legislation that would revoke this authority and that it further asserts its Constitutional rights to retain its local authority to enter into contracts to serve its community. Passed this 9th day of November, 1999. Offered by: Szurek Seconded by: Jolly Roll Call: All Ayes Gary L. Peterson, Mayor William Elrite, City Clerk 6) 7) 8) 9) 10) 11) The council adopted Resolution 99-90, being a resolution opposing any legislation that would revoke the city's authority to negotiate, award, and regulate cable television franchises. Authorize Amendment of the 1999 Police Department Budget The Council amended the 1999 Police Department budget by reappropriating the $6,000 that was budgeted for Project Safety Net to be used for other general youth activity programs to bring the city into compliance with the State of Minnesota Grant Agreement #90478. Approve Correction to the October 11, 1999, City Council Minutes The Council approved a correction to page three of the October 11, 1999, city council minutes as noted on the council letter. Authorize Staff to Seek Bids for Purchase of a Wood Chipper The Council authorized staff to seek bids from the State of Minnesota Purchasing Contract for the replacement of Unit #38: Vermeer Brush Chipper. Authorize Designation of Two-Hour Parking in Front of 3844 Central Avenue The Council designated two-hour parking in front of 3844 Central Avenue based on a recommendation of the Traffic Commission. Accept Proposal for Subsurface Exploration/Geotechnical Review Services for Central Avenue The Council accepted a proposal for subsurface exploration and geotechnical review services for the Central Avenue improvement project from American Engineering Testing, Inc. in an amount not-to-exceed $5,000; and furthermore, authorized the Mayor and City Manager to enter into an agreement for the same. Resolution Certifying Special Assessments The reading of Resolution 99-88 was waived, as there were ample copies available to the public. RESOLUTION NO. 99 - 88 CERTIFICATION OF SPECIAL ASSESSMENTS BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, that THE COUNTY AUDITOR be, and he is hereby directed, to levy the special assessments on the properties in the City of Columbia Heights as submitted on the attached page and filed in the Assessment Book for 1999 as an additional amount of $20,766.56. BE IT FURTHER RESOLVED that the foregoing amounts shall be included in the individual real estate tax statements for the current year and identified thereon as "Special Assessments - Fund #82958". SAID LEVIES shall be enforced and collected in the manner provided for the enforcement and collection of State and County taxes under and in accordance with the provisions of the general laws of the State. All assessments with penalties and interest as indicated thereon paid to the County Treasurer shall belong to the City of Columbia Heights and shall be tamed over to the City Treasurer in the manner provided by the City Charter and Ordinances. Passed this 8th day of November, 1999. Offered by: Szurek Seconded by: Jolly Roll Call: All ayes Gary L. Peterson, Mayor William Elrite, City Clerk 12) The Council adopted Resolution 99-88, being a Resolution to certify additional assessments to Anoka County fund #82958 for collection with the property taxes payable in 2000. Resolution Designating Election Judges The reading of the resolution was waived, there being ample copies available for the public. RESOLUTION NO. 99-89 BEING A RESOLUTION DESIGNATING ELECTION JUDGES FOR THE 1999 SPECIAL ELECTION WHEREAS: There is a scheduled special election in the City of Columbia Heights; and WHEREAS: Pursuant to City Charter, Section 30, and M.S.S. 204A, the Council shall appoint qualified persons on each election district to be judges of election. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Columbia Heights does appoint the attached list of judges, by precinct, for the Special Election to be held on December 14, 1999, with an hourly remuneration of $6.50 for head judge and $6.00 for an election judge. Passed this 8th day of November, 1999. Offered by: Szurek Seconded by: Jolly Roll Call: All Ayes Gary Peterson, Mayor William Elrite, City Clerk The Council adopted Resolution No. 99-89, being a resolution Designating Election Judges for the 1999 Special Election. 13) Approval of License Applications The Council approved the items as listed on the business license agenda for November 8, 1999. 14) Payment of Bills The Council authorized payment of the bills as listed out of proper funds. 15) Resolution 99-92, Resolution Electing to Continue Participation in the Local Housing Incentives Account Program Under the Metropolitan Livable Communities Act MOTION: Move to waive the reading of ReSolution 99-92, there being ample copies available to the public. RESOLUTION 99-92 BEING A RESOLUTION OF THE COLUMBIA HEIGHTS CITY COUNCIL ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statutes Section 473.25 to 473.254) establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development issues facing the metropolitan area defined by Minnesota Statutes Section 473.121; and WHEREAS, the Metropohtan Livable Communities Fund, comprising the Tax Base Revitalization Account, the Livable Communities Demonstration Account and the Local Housing Incentive Account, is intended to provide certain funding and other assistance to metropolitan area municipalities; and WHEREAS, a metropolitan area municipality is not eligible to receive grants or loans under the Metropolitan Livable Communities Fund or eligible to receive certain polluted sites cleanup funding from the Minnesota Department of Trade and Economic Development unless the municipality is participating in the Local Housing Incentives Account Program under the Minnesota Statutes Section 473.254; and WHEREAS, each municipality must identify to the Metropolitan Council the actions the municipality plans to take to meet the established housing goals through preparation of the Housing Action Plan; and WHEREAS, the Metropolitan Council adopted, by resolution after a public hearing, negotiated affordable and life-cycle housing goals for each participating municipality; and WItEREAS, a metropolitan area municipality which elects to participate in the Local Housing Incentives Account Program must do so by November 15 of each year; and WI-IEREAS, for calendar year 2000, a metropolitan area municipality that participated in the Local Housing Incentive Account Program during the calendar year 1999, can continue to participate under Minnesota Statutes Section 473.254 if: (a) the municipality elects to participate in the Local Housing Incentives Account Program by November 15, 1999; and (b) the Metropolitan Council and the municipality have successfully negotiated affordable and life-cycle housing goals for the municipality: NOW, TltEREFORE BE IT RESOLVED that the Columbia Heights City Council hereby elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during the calendar year 2000. PASSED THIS 8th DAY OF NOVEMBER, 1999. Offered by: Szurek Seconded by: Jolly Roll Call: All Ayes Mayor Gary L. Peterson William Elrite, City Clerk The Council adopted Resolution 99-92, being a resolution electing to continue participation in the Local Housing Incentives Account Program under the Metropolitan Livable Communities Act. All the above consent items were unanimously approved. The following item pulled from the consent agenda was then discussed: Authorize a Public Meeting Regarding the Multi-Use Center Referendum Tom Ramsdell, Co-Chair of the Citizens Committee for the Multi-Use Center, spoke briefly reminding the public of the upcoming special election and the proposed public meeting on November 30th. A flyer, which Mr. Ramsdell presented to the Council, will be mailed to every eligible voter next week Motion by Councilmember Wyckoff, seconded by Councilmember Hunter, to authorize staff to hold a public meeting regarding the Multi-Use Center Referendum on Tuesday, November 30, 1999, at 7:00 p.m. at Murzyn Hall. Motion passed unanimously. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS Proclamations 1) November is Epilepsy Month in the City of Columbia Heights The Mayor read the proclamation that November is Epilepsy Month in the city of Columbia Heights. Mr. Doug Hill accepted the proclamation from Mayor Peterson and thanked the council for passing this proclamation and educating the public about epilepsy. Bo Co 2) November 14-20 is American Education Week The Mayor read the proclamation that November 14-20 is American Education Week. Introduction of New Employees 1) Lan Vu, Assistant Liquor Operations Manager, who started about three weeks ago, was introduced by Finance Director Bill Elrite. 2) Barb Kelzenberg, part-time Accounting Clerk II, who started about three weeks ago, was also introduced by Finance Director Bill Ekite. Recognition - None. Guests Commander Dick Shupien from VFW Post 230, and Bruce Nawrocki presented a check for $1,000 to the Mayor for the Fire Department to purchase a second thermal imaging system. Dana Alexon, Acting Fire Chief, thanked the VFW for their generous donation. PUBLIC HEARINGS A. Rental License Revocation Heating for 1407-09 Circle Terrace Dana Alexon, Acting Fire Chief, reviewed the history on the rental license for the property at 1407-09 Circle Terrace. At the City Council meeting of October 25, 1999, the council tabled revocation action until tonight's meeting, allowing extra time for the owner to come into compliance. Acting Fire Chief Alexon stated that upon an inspection done November 5th, the storm windows have been either replaced or repaired. The additional violations (screens, landscaping, and scraping/painting of the exterior) are not life threatening. Dates to have the remaining items completed by were agreed upon, that being: Screens: To be replaced by May 1, 2000 or before Landscaping/Retaining Wall: To be done by June 15, 2000 Scraping/Outside Painting: To be done by June 15, 2000. Motion by Councilmember Jolly, seconded by Councilmember Szurek, to table further consideration of Resolution No. 99-77, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to Ordinance Code Section 5A.408(1) of the rental license of Susan Lowenthal regarding rental property at 1407-09 Circle Terrace until the first regularly scheduled City Council meeting after May 1, 2000. Motion passed unanimously. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1) Resolution 99-91, Approving Transfer of Ownership Motion was made by Councilmember Jolly, seconded by Councilmember Szurek, to waive the reading of the resolution, there being ample copies available to the public. RESOLUTION NO. 99-91 RESOLUTION CONSENTING TO THE TRANSFER OF CONTROL OF AND CERTAIN OWNERSHIP INTERESTS IN A CABLE TELEVISION FRANCHISE TO AT&T CORP., OR AFFILIATES THEREOF WHEREAS, the cable television franchise ("Franchise") of the City of Columbia Heights, Minnesota ("Authority") is currently owned and operated by MediaOne North Central Communications Corp. ("Franchisee"), an subsidiary of the parent company, MediaOne Group, Inc. ("MediaOne"); and WHEREAS, MediaOne intends to transfer control of Franchisee to AT&T Corp. ("AT&T") as a result of a parent company level merger pursuant to that certain Agreement and Plan of Merger dated May 6, 1999, (the "MediaOne/AT&T Agreement"); and WHEREAS, the Authority has received a request for consent to the transfer of control of Franchisee from MediaOne to AT&T ("MediaOne/AT&T Transfer"); and WHEREAS, no notice of breach or default under the Franchise has been issued by Authority within the past 12 months and none is outstanding; and WHEREAS, the Authority has determined that subject to certain conditions which must be met, AT&T possesses the requisite legal, technical and financial qualifications. NOW, THEREFORE, BE IT RESOLVED, that the MediaOne/AT&T Transfer is hereby consented to by the Authority and permitted conditioned upon: Execution and delivery of Acceptance Agreement acceptable to the Authority in the form attached hereto; Securing all necessary federal, state, and local government waivers, authorizations, or approvals relating to the MediaOne/AT&T transfer to the extent provided by law; Reimbursement of all reasonable fees incurred in the Authority's review of the proposed transaction as required by Franchise; The successful closing of the Transaction described in the MediaOne/AT&T Agreement; Non-waiver by Authority of any unknown yet existing franchise non-compliance issues; o Non-waiver by Authority of any right to dispute here-to-date unaudited franchise fee payments; Non-waiver by Authority of any right to require franchise fee payments on future services delivered by AT&T via the cable system; and Non-waiver by Authority of any right to pursue any remedies available, whether acted upon by Authority at the time of this approval, regarding Franchisee's compliance with customer service standards or other customer service obligations. BE IT RESOLVED FURTHER, that nothing herein shall be construed or interpreted to constitute any approval of, consent to or support for any proceeding currently pending before the FCC, or any other federal, state, or local government waivers, authorizations or approvals, other than that transaction described above. BE IT RESOLVED FURTHER, that nothing herein shall waive or diminish any lawful authority of Authority in the future to require Franchisee to offer nondiscriminatory open access subject to applicable law, nor shall anything herein diminish or waive any lawful rights of Franchisee regarding Authority's authority to impose such conditions. Prior to the enactment of any such requirement, Franchisee shall be provided with reasonable notice and an opportunity to be heard. BE IT RESOLVED FURTHER, that AT&T may, from time to time, assign, grant or otherwise convey one or more liens or security interests in its assets, including its rights, obligations and benefits in and to the Franchise (the "Collateral") to any lender providing financing to AT&T ("Secured Party"), from time to time. Secured Party shall have no duty to preserve the confidentiality of the information provided in the Franchise with respect to any disclosure (a) to Secured Party's regulators, auditors or attorneys, (b) made pursuant to the order of any governmental authority, (c) consented to by the Authority or (d) any of such information which was, prior to the date of such disclosure, disclosed by the Authority to any third party and such party is not subject to any confidentiality or similar disclosure restriction with respect to such information subject, however, to each of the terms and conditions of the Franchise. ADOPTED this 8th day of November, 1999. Offered by: Jolly Seconded by: Szurek Roll Call: All Ayes Gary L. Peterson, Mayor William Elrite, City Clerk Steve Gazetta from the law fu'm of Bernick and Lifson was present to review the conditions of the agreement between the City and MediaOne transferring of control to AT & T Corporation. Mr. Gazetta stated that this transfer does not violate any state or federal laws, that AT & T has sufficient money to consummate this transaction, and that Media Acquisitions Corporation needs to comply with our requests/requirements. Motion by Councilmember Jolly, seconded by Councilmember Szurek, to adopt Resolution 99-91, being a resolution consenting to the transfer of control of and certain ownership interests in a cable television franchise to AT & T Corporation, or affiliates thereof. 2) First Reading of Ordinance Regulating Consumption in Public Motion by Councilmember Szurek, seconded by Councilmember Hunter, to waive the reading of the ordinance, there being ample copies available for the public. ORDINANCE NO. 1401 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853 CITY CODE OF 1977, PERTAINING TO CONSUMING IN PUBLIC The City of Columbia Heights does ordain: SECTION 1: Chapter 10, Section 113, Subdivision (15), of Ordinance No. 853, City Code of 1977, shall be amended to hereafter read as follows, to-wit: 10.113(15) Consuming in public. No person shall consume intoxicating liquor as defined by Minnesota Statutes, Section 340A. 101, Subdivision 14, or nonintoxicating malt liquor as defined by Minnesota Statutes, Section 340A. 101, Subdivision 19, while (1) on a public street, highway, alley, sidewalk, boulevard, or any place frequented by the public; (2) on any private property without the consent of the owner of such property; or (3) while in a vehicle upon a public highway. This section shall not prohibit the consumption of such beverages at duly licensed on-sale premises, or if otherwise authorized by law. SECTION 2: 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: Offered by: Seconded by: Roll Call: November 8, 1999 Gary L. Peterson, Mayor William Elrite, City Clerk 3) Police Chief Tom Johnson was present to discuss the background on this ordinance. He stated that stafflooked at what the City of Minneapolis had done with this issue. He stated this ordinance would deal with drinking in unlicensed, public places. Motion by Councilmember Szurek, seconded by Councilmember Hunter, to schedule a second reading of Ordinance No. 1401, being an ordinance regulating consumption in public for November 22, 1999. First Reading of Ordinance Regulating Loitering in Possession of Open Bottle Motion by Councilmember Hunter, seconded by Councilmember Wyckoff, to waive the reading of the ordinance, there being ample copies available for the public. ORDINANCE NO. 1402 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853 CITY CODE OF 1977 PERTAINING TO LOITERING IN POSSESSION OF OPEN BOTTLE The City of Columbia Heights does ordain: SECTION 1: Chapter 10, Section 113, Subdivision (16), of Ordinance No. 853, City Code of 1977, shall be amended to hereafter read as follows, to -wit, 10.113(16) Loitering in possession of open bottle. No person shall loiter in any public street, highway, alley, sidewalk, boulevard, or any other public property, or on any private property without consent of the owner of such property, while in possession of any bottle or other receptacle containing intoxicating liquor or nonintoxicating malt liquor that has been opened, or the seal broken, or the contents partially removed, with intent to consume such intoxicating liquor or nonintoxicating malt liquor. This section shall not prohibit the possession of alcoholic beverages at duly licensed on-sale premises if otherwise authorized by law. SECTION 2: 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: Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor William Elrite, City Clerk Bo Police Chief Tom Johnson stated that this ordinance is a companion ordinance to Ordinance No. 1401. This ordinance would allow for citing due to loitering in possession of an open bottle; the person would not have to be seen drinking out of the open bottle. Motion by Councilmember Hunter, seconded by Councilmember Wyckoff, to schedule a second reading of Ordinance No. 1402, being an ordinance regulating loitering in possession of open bottle for November 22, 1999. Motion passed unanimously. Bid Considerations - None. Other Business 1) Report of Final Storm Water Utili _ty by SEH Kevin Hansen, Director of Public Works, stated that there will be an article on this issue in the fall issue of the Heights Happenings. The city is looking at financing for a storm water utility to come fi.om sanitary sewer rates and refuse costs. The Council requested more detailed discussion on this report at a future work session. 2) Motion by Councilmember Jolly, seconded by Councilmember Szurek, to accept the Storm Water Utility Report as prepared by Engineering Consultant, SEH. Acquisition of Railroad Right-of-Way Along 39th Avenue Kevin Hansen, Director of Public Works, stated that this item is in regard to the removal of unused railroad track on the south side of Huset Park. The Purchase and Sale Agreement addressed the issue of how many days to remove the tracks (120), and then considers it abandoned. Some minor changes will need to be made to the contract regarding this issue according to the City Attorney. Motion by Councilmember Wyckoff, seconded by Councilmember Hunter, to authorize the acquisition of CP Railway land as described in the Purchase and Sale Agreement at a cost of $39,500; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. 3) Conditional Use Permit, 4022 Central Avenue N.E. (Sahib's Gateway to India Restaurant) Ken Anderson, Community Development Director, presented the information on the request for a conditional use permit for the property at 4022 Central Avenue N.E. Mr. Anderson stated that this item was to be dealt with by the Planning and Zoning Commission last Tuesday, November 2ha. However, there was not a quorum, and therefore, after discussions with staff and our city attorney, it was decided to bring this item, as well as the next two items requesting conditional use permits, to the Council tonight for their action. Staff is also recommending that the Planning and Zoning Commission must approve the conditions for approval on all these items at their next scheduled meeting of November 15, 1999. The owner at 4022 Central Avenue N.E. (Mr. Bedi) is requesting a wine license (including serving 3.2 beer) for his establishment. Our current ordinance states that in order for such a license to be issued, the establishment must be 300 feet (door to door) away from a school facility. At the present time, the Early Childhood Family Center is housed at the Columbia Heights Mall, and the distance between it and 4022 Central Avenue N.E. is slightly less than 300 feet. It was noted that the Early Childhood Family Center is planning to move out of the Columbia Heights Mall by February 1, 2000. Discussion was held if our ordinance should be changed, and if so, how long it would take. Mr. Bedi from 4022 Central would like to receive the license as soon as possible, hopefully before February 1, 2000. Changing the ordinance would probably take about that long as well. It was discussed that maybe copies of ordinances from other cities on this item should be obtained for further review. Frustration from Mr. Bedi was expressed at the meeting as to how the city can allow a bar/grill to have a 3.2 beer/wine license in the same mall as the Early Childhood Family Center. It was explained to Mr. Bedi that the bar/grill in question at the Columbia Heights Mall was there BEFORE the Early Childhood Family Center rented space there. Jen Kuppe, owner of the property at 4022 Central, spoke in favor of granting this wine license to Mr. Bedi. She stated that many years ago, beer was served from that location. She went on to further state that Mr. Bedi is an excellent renter/business owner. Councilmember Wyckoff further agreed with Ms. Kuppe in regarding to Mr. Bedi's well nm establishment, and hoped the council could accommodate Mr. Bedi with this license. She mentioned that Mr. Bedi's restaurant was highlighted in the October 21, 1999, Star Tribune "Taste" section. Walt Fehst, City Manager, stated that he thought that once the application is approved, the background check and other items which must be done before issuance of a license should be taken care of as quickly as possible to expedite the process. 4) Discussion was also held about obtaining a liquor license for this property. There are a number of issues which must be addressed for this type of license, such as certain seating available, gross revenues, distance fi.om schools and churches, etc. Mr. Bedi should be provided with the appropriate information to see if he can meet those requirements. After considerable discussion, a motion was made by Councilmember Wyckoff, seconded by Councilmember Hunter, to approve the Conditional Use Permit to allow a wine license at 4022 Central Avenue NE, subject to the following conditions: 1) Approval with conditions set by the Planning and Zoning Commission at their next scheduled meeting of November 15, 1999; 2) The liquor license shall not be issued until after the Early Childhood Family Center has moved out of the Columbia Heights Mall; and to table action on the Conditional Use Permit to allow a beer license at 4022 Central Avenue NE subject to a final determination by the Planning and Zoning Commission and the City Council. Motion passed unanimously. Conditional Use Permit, 508 40th Avenue N.E. (Merit Siding, Inc.) Ken Anderson, Community Development Director, presented the information on the request for a conditional use permit for the property at 508 40th Avenue N.E. Mr. Anderson stated that this item was to be dealt with by the Planning and Zoning Commission last Tuesday, November 2ha. However, there was not a quorum, and therefore, after discussions with staff and our city attomey, it was decided to bring this item, as well as the next item requesting conditional use permits, to the Council tonight for their action. Staff is also recommending that the Planning and Zoning Commission must approve the conditions for approval on this item at their next scheduled meeting of November 15, 1999. Mr. Anderson explained that the applicant has applied for a conditional use permit to build a 40 by 48 pole garage with three overhead doors. It will be painted like their business right next to it (beige with green trim). The back of the garage will face 40th Avenue. Resident Harold Hoium spoke against the proposed garage. He stated that this company has numerous items parked next to their building, and nothing has been done about that. He also stated that in the winter, this business was not cleaning the snow offthe sidewalk. He mentioned that construction equipment is often parked in front of their business on 40t~ Avenue, which he felt was a health, safety, and welfare problem, but nothing is ever done about that. Mr. Anderson and Mayor Peterson offered the statement that perhaps the numerous items Mr. Hoium mentioned that were parked now by this business will be stored in this proposed garage. Motion by Councilmember Szurek, seconded by Councilmember Jolly, to approve the Conditional use Permit to allow the construction of a 1,920 square foot accessory building in the Retail Business zoning district at 508 40th Avenue NE, 5) subject to approval with conditions set by the Planning and Zoning Commission at their next scheduled meeting of November 15, 1999. Motion passed unanimously. Conditional Use Permit, 4005 Central Avenue N.E. Ken Anderson, Community Development Director, presented the information on the request for a conditional use permit for the property at 4005 Central Avenue N.E. Mr. Anderson stated that this item was to be dealt with by the Planning and Zoning Commission last Tuesday, November 2nd. However, there was not a quorum, and therefore, after discussions with staff and our city attorney, it was decided to bring this item, as well as the next two items requesting conditional use permits, to the Council tonight for their action. Staffis also recommending that the Planning and Zoning Commission must approve the conditions for approval on all these items at their next scheduled meeting of November 15, 1999. There will be a change of ownership fi.om KJ's Bar and Grill to StarBar and Grill. Motion by Councilmember Jolly, seconded by Councilmember Szurek, to approve the Conditional Use Permit to allow the operation of The StarBar and Grill at 4029 Central Avenue NE, subject to approval with conditions set by the Planning and Zoning Commission at their next scheduled meeting of November 15, 1999. Motion passed unanimously. ADMINISTRATIVE REPORTS A. Report of the City Manager The City Manager stated that there is a budget work session scheduled for Tuesday, November 9th, 1999, at 6:30 p.m. in the City Hall Conference Room. The City Manager reported that the first mailing with water bills regarding boards/commission-their responsibilities and asking for applicants-was sent. B. Report of the City Attorney - Nothing. 10. 11. GENERAL COUNCIL COMMUNICATIONS A. The following minutes of the Boards and Commissions were acknowledged: 1) Meeting of the October 21, 1999, Telecommunications Commission 2) Meeting of the November 1, 1999, Traffic Commission CITIZENS FORUM - No one appeared. ADJOURNMENT Motion by Councilmember Wyckoff, seconded by Councilmember Szurek to adjourn the meeting at 8:55 p.m. Carole J. Blowg~, Secretary Pro Tem