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HomeMy WebLinkAboutJan 14, 1980OFFICIAL PROCEEDINGS REGULAR MEETING OF THE CITY COUNCIL CITY OF COLLI~tBIA HEIGHTS, MINNESOTA JANUARY 14, 1980 The meeting was called to order at 8:05 p.m. Roll Call: Logacz, Heintz, Norberg, Hentges, Nawrocki - Present John Schedler, City Clerk, swore in Mayor Nawrocki and Councilmen Hentges and Norberg as this was the first meeting of their new terms. INVOCATION The invocation was given by Councilman Norberg. MINUTES OF PREVIOUS MEETINGS Motion by Hentges, seconded by Norberg, to approve the minutes of the regular meeting of December 17 and the special meeting of December 27 as presented in writing and reading be dispensed with. Roll Call: All Ayes ORDINANCES AND RESOLUTIONS 1. Establishing History of Downtown Development Project Roger Jensen, HRA Director, stated that this is a resolution ratifying and confirming prior official action of the Council and reasserting the intent of the City to assist development of the downtown redevelopment project through the issuance and sale of general obligation tax increment bonds, industrial development revenue bonds, and housing mortgage bonds. Councilman Norberg stated his belief that Congress had suspended the use of housing mortgage bonds for this type of development. Mayor Nawrocki answered that Congress has not acted as yet. Motion by Hentges, seconded by Logacz, to waive the reading of the resolution as sufficient copies were available to the public. Roll Call: All Ayes RESOLUTION 80-1 RESOLUTION RATIFYING AND CONFIRMING PRIOR OFFICIAL ACTION OF THE CITY COUNCIL AND REASSERTING THE INTENT OF THE CITY TO ASSIST DEVELOPMENT OF THE DOWNTOWN REDEVELOPMENT PROJECT THROUGH THE ISSUANCE AND SALE OF GENERAL OBLIGATION TAX INCREMENT BONDS PURSUANT TO MINNESOTA STATUTES, SECTION 462.585, INDUSTRIAL DEVELOPMENT REVENUE BONDS PURSUANT TO MINNESOTA STATUTES, CHAPTER 474 AND MULTI- FAMILY HOUSING REVENUE BONDS PURSUANT TO MINNESOTA STATUTES, CHAPTER 462C January 14, ]980 Page 2 WHEREAS, on May 10, 1978, The Housing and Redevelopment Authority in and for the City of Columbia Heights (the "HRA") and the City of Columbia Heights (the "City") entered into an agreement for exclusive negotiations with the Columbia Heights Development Consortium, a joint venture of Landmark Development of Columbia Heights and Northeast Development of Columbia Heights (the "Consortium"), for the redevelopment of the Downtown Redevelopment Project (the "Project"); and WHEREAS, on September 13, 1978, the Consortium presented preliminary plans to the HRA and the City in accordance with which the Consortium would construct or cause to be constructed the Project, consisting of office, retail and housing facilities provided the City issue tax exempt construction and permanent financing therefor; and WHEREAS, between September ]3, 1978 and April 25, 1979, the Consortium submitted to the City and HRA detailed plans and specifications regarding the Project; and WHEREAS, in November, 1978, the above-mentioned agreement for exclusive negotiations with the Consortium was extended until June 22, 1979; and WHEREAS, on January 8, 1879, the City Council adopted a resolution giving preliminary approval to the financing of the Project pursuant to Hinnesota Statutes, Chapter 474; and WHEREAS, prior to April 25, 1979, the City and HRA retained bond counsel and a fiscal consultant to assist in the development of a financing plan for the Project; and WHEREAS, the Consortium, the City and the HRA were subsequently unable to agree to the terms and conditions of a redevelopment contract and subsequent to April 25, 1979, the HRA and the City terminated negotiations with the Consortium; and WHEREAS, since termination of the agreement with the Consortium the City and the HRA have been seeking developers willing to enter into a redevelopment contract and to construct or cause to be constructed the Project substantially as designed through negotiations with the Consortium; and WHEREAS, such design includes approximately 66,000 square feet of office space, 5,000 square feet of bank facility, 109,000 square feet of retail space and 132 condominium units; and WHEREAS, several developers have now indicated a willingness to develop or cause to be developed the Project intended and desired by the City and HRA: NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA, AS FOLLOWS: 1. That this Council ratifies and confirms its intention to complete and assist in completing the above-described Project; and 2. That the Council and the HRA will proceed to obtain a substitute developer which will construct and develop the Project substantially in accordance with the plans and specifications presented to the Council and the HRA by the Consortium; and January 14, 1980 Page 3 That upon securing such developer, it is the intention of the Council to rescind its action of January 8, 1979, and in accordance with now existing state law, to substitute a preliminary resolution for the financing of commercial, rental and office facilities with industrial development revenue bonds issued pursuant to Minnesota Statutes, Chapter 474 and 132 condominium units with multifamily housing revenue bonds issued pursuant to Minnesota Statutes, Chapter 462C. Passed this 14th day of January, 1980. Offered by: Hentges Seconded by: Logacz Councilman Norberg stated he would vote against the resolution because he considered it an undesirable thing at this time. He thinks it is being used as a way to get around the intent of Congress and he doesn't approve of this. Mayor Nawrocki stated that he knows the bond counsel hired by the City is rather conservative with their suggestions; and there is no intent of Congress as yet because they have not acted. The proposed bill may or may not pass. He added that there have been steps that have had to be taken which he doesn't always approve of, but something has to be done with the area. If the Council honestly wants to see something done, there are not a lot of alternatives and this resolution should be looked at as a necessary step in the process. Councilman Norberg stated he has been told that a successful development can be undertaken without the housing and believes the chances of doing a smaller project should be attempted. He added he is unconvinced about the housing part of the project. Councilman Logacz stated that as long as the City is not violating any laws, they should proceed with as much speed as possible on the project. Roll Call: Logacz, Heintz, Hentges, Nawrocki - Aye Norberg Nay 2. Resolution Regarding Suburban Police Recruitment System Mayor Nawrocl~i indicated that the response to his inquiry of the area mayors and city managers on the proposed system has been light. Some cities agree that the membership of the Board should include the representatives the City wishes, others don't agree with the amount of money being charged. Mr. Thompson, Management Consultant to the SPRS, stated that each Council has the option of reviewing the budget two months before the end of the year and raising any objections. The City then has 30 days to withdraw from the agreement for the coming year. The resolution could be adopted with an amendment to change the section of the agreement dealing with the membership of the Board. Two communities have adopted the resolution with this amendment. January 14, 1980 Page 4 Councilman Heintz stated he won't vote for this because he doesn't believe the City can change the minds of all those communities that have already approved the resolution. The Mayor pointed out that the list of candidates recommended by the Board doesn't have to be chosen from and the City still has to do the oral testing. The selection process is still a matter of local decision. Councilman Hentges asked for a proposed budget and stated he is disappointed that one hasn't been presented. The Mayor stated that the initial funding as proposed will come from the cities which will pay S600 per candidate name they use plus $10 per officer in the department. He added he believes in the concept involved in the process because the process of recruiting police officers has become so complicated. He does feel that a community should be able to select who they want to serve on the Board. Police Chief Stuart Anderson stated that the Council may be depriving the City of the opportunity to get in on the ground floor and to make use of the progressive testing of officers. The City's representative could work on the Board to modify the bylaws. He added that the Council or Civil Service Commission members will probably be invited to attend the meetings although they cannot vote. Councilman Logacz stated he doesn't see anything wrong with being part of an organization which will deliver the best people to the communities. Motion by Norberg, seconded by Heintz, to table the matter until the section of the proposed agreement is changed in regards to the seating of people on the Board and the financial matters are clarified, or the next regular meeting, whichever comes first. Roll Call: All Ayes PLANNING AND ZONING COMMISSION RECOMMENDATIONS: 1. Appeal from Denial, Pat Doschadis 1513 37th Ave. N.E. This is an appeal from a denial to rehabilitate a rental structure that was damaged by fire at 1513 3?th Ave. N.E. The property appraisal states that the damage to the property was more than 50~~. It was reconmended the building be demolished. A1 Carlson, City Planner, added that the structure is also nonconforming. Mr. Weyhrich, attorney for Ms. Doschadis, stated the background of the property as a rental unit, the financial hardship to the property owners, and the damage to the adjoining property if this part of the retaining wall is taken down. He believes that the structure can be restored in conformance with the City's ordinances. Jean Haki, attorney, stated that the ordinance doesn't make it mandatory that the building be demolished. She stated that there is no evidence that the rear setback is not sufficient and questioned the interpretation of the City's ordinance per- taining to the definition of an accessory building and a principal building. January 14, 1980 Page 5 City Attorney Kalina commented that the Council should decide: (1) was the Building Inspector correct in denying the building permit, and (2) does the City want to grant a variance to the zoning code to allow the rebuilding of the structure. Councilman Heintz stated that the building is over 50% destroyed. He won't vote for a variance because economic hardship is not the concern of the Council, only topographical hardship. Ms. Maki stated that there is a question of the topography because the retaining wall is a part of the building. Councilman Heintz stated that the Council is not concerned with retaining walls, this is a matter to be handled by the two neighbors. Discussion continued on the size of the lot, hardship involved, and the appro- priateness of the building inspector's denial. Motion by Heintz, seconded by Logacz, that the order of the Building Inspector denying the request for a building permit for Pat Doschadis at 1513 37th Ave. N.E. be upheld on the basis that more than 50% of the structure's market value was destroyed by the fire. Discussion continued on whether the building was authorized as a rental unit at the time Ms. Doschadis purchased the property. Roll Call: All Ayes A variance would be required for the rear yard setback and to have two principal structures on one lot. Motion by Hentges, seconded by Heintz, to deny the variance request on the basis that no hardship has been shown. Roll Call: All Ayes RECESS at 10:10 p.m. RECONVENE at 10:20 p.m. 2. First Security Bank 2383 University Ave., Request for Rezoning The First Security Bank is requesting a rezoning of the parcel located at 3836 Stinson Blvd. from a Limited Business to Retail Business. City Attorney Kalina has prepared three draft ordinances for the Council's consideration. He briefly defined the three proposed ordinances and their differences. Councilman Heintz stated his preference for 911 because he doesn't want to spot zone the property. Councilman Norberg doesn't agree because he believes changing a definition is more radical than is changing one piece of property. He added the impact on the City would be great and that he prefers 909. Councilman Hentges noted that the residents in the area were not notified of the bank's proposal. Discussion was held on the traffic which a bank would generate. Vern Wilcox, representative of FSB, stated that there is no accurate prediction at this time of the traffic which may be generated. January 14, 1980 Page 6 Councilman Norberg reminded the Council that the site plan has not been approved and these matters will be discussed at the time that a plan is submited to the Council. He believes a first reading of the ordinance should be held with further discussion at the public hearing. Motion by Norberg, seconded by togacz, that proposed ordinance 909 have a first reading and that the reading be dispensed with as sufficient copies were available for the public Mayor Nawrocki stated he would prefer 9]1 and will vote against the motion. Roll Call: Logacz, Norberg Aye Heintz, Hentges, Nawrocki - Nay Motion by Heintz, seconded by Norberg, to have a first reading of proposed ordinance 911 and dispense with the reading as sufficient copies were available for the public. Roll Call: All Ayes ORDINANCE 911 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO PERMITTED PRINCIPAL USES WITHIN A LIMITED BUSINESS DISTRICT The City Council of the City of Columbia Heights does ordain: Section 1: Section 9.111(1)(i) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which is currently reserved, is herein amended to read as follows, to-wit: "9.111(1)(i) Detached branch banking facilities" Section 2: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. The Mayor noted that a second reading at the next regular Council meeting will constitute a public hearing. Councilman Norberg suggested reading proposed ordinance 909 also so the Council has an option at its next meeting. Motion by Norberg, seconded by Hentges, to have a first reading of proposed ordinance 909 and dispense with the reading as sufficient copies were available to the public. Roll Call: All Ayes ORDINANCE 909 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, REZONING LOTS 4 AND 5, BLOCK 1, WALTON'S SUNNY ACRES SECOND ADDITION FROM A LIMITED BUSINESS DISTRICT (LB) TO A RETAIL BUSINESS DISTRICT January ]4, 1980 Page 7 The City Council of the City of Columbia Heights does ordain: Section Lots 4 and 5, Block 1, Walton's Sunny Acres Second Addition, according to the recorded plat thereof of record and on file with the County Recorder in and for Anoka County, Minnesota, which is currently zoned Limited Business District (LB) shall hereafter be zoned Retail Business District (RB) Section 2: The Zoning Map of the City of Columbia Heights is herewith amended to reflect the rezoning thereof. Section 3: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. The Mayor noted that a second reading at the next regular Council meeting will constitute a public hearing. Councilman Norberg suggested extending the area in which residents will be notified of the hearing. VOSS PARKING LOT Motion by Logacz, seconded by Hentges, to direct the City Manager to proceed with preparation of the necessary documents on the condemnation proceedings for the property known as the Voss parking lot. Councilman Norberg stated his objection to condemning any property and added he doesn't believe this is necessary to the downtown project. Roger Jensen stated that HUD had told him that they wouldn't grant funds unless sufficient parking was made available. Mayor Nawrocki commented that there has been extensive negotiations with the property owners but no agreement has been reached. Roll Call: Logacz, Heintz, Hentges, Nawrocki Norberg - Nay Aye LOT SPLIT Gerry Herringer, 1731 Innsbruck Pkwy The proposal is for a lot split at 51st and Central, next to Pier 1 Imports. Both lots are in full accordance with the code. Motion by Hentges, seconded by Norberg, to grant the lot split based on the recommendation of the Planning and Zoning Commission. Roll Call: All Ayes RECESS at ll:20 to hold a meeting of the Board of Trustees for the Columbia tteights Fire Department, Volunteer Division. RECONVENED at 12:OO a.m. January 14, 1980 Page 8 RESOLUTION DESIGNATING DIRECTORS TO SUBURBAN RATE AUTHORITY RESOLUTION 80-2 DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN RATE AUTHORITY BE IT RESOLVED by the City Council of the City of Columbia Heights, Minnesota, as follows: Councilman gayle Norberg is hereby designated as a director of the Suburban Rate Authority, and Mayor Bruce G. Nawrocki is hereby designated to serve al alternate director of the Suburban Rate Authority for the year 1980 and until their successors are appointed. Passed this 14th day of January, 1980. Offered by: Heintz Seconded by: Logacz Roll Call: All Ayes LEGISLATIVE BULLETIN All Councilmembers expressed an interest in receiving the Legislative Bulletin during the upcoming legislative session. TRENCH DRAIN FOR FIRE STATION Motion by Heintz, seconded by Hentges, to authorize an expenditure of S1,595 for the installation of a trench drain in the fire station based on the low informal quotation of LeVahn Brothers, Inc. Roll Call: All Ayes BIDS ON LEGAL PUBLICATIONS FOR 1980 Motion by Norberg, seconded by Heintz, to authorize the Mayor and CH to enter into contract with Sun Newspapers for legal publications in 1980. Roll Call: Logacz, Heintz, Norberg, Nawrocki - Aye Hentges - Nay LICENSES Motion by Heintz, seconded by Hentges, that licenses be granted as listed upon payment of proper fees and that fees be waived for the Columbia Heights Jaycees for beer license and food and beverage and for the HRA for laundry facilities and multiple dwellings. Roll Call: Logacz, Heintz, Hentges, Nawrocki - Aye Norberg - Nay January 14, 1980 Page 9 PAYMENT OF BILLS Motion by Heintz, seconded by Hentges, that bills as listed through December 31, 1979 be paid out of the proper funds. Roll Call: Logacz, Heintz, Hentges, Nawrocki Norberg - Nay Aye Motion by Heintz, seconded by Logacz, that bills as listed on the January 14 meeting list be paid out of the proper funds. Roll Call: Logacz, Heintz, Hentges, Nawrocki - Aye Norberg - Nay BIKE SAFETY PROGRAM RESOLUTION 80-3 RESOLUTION AUTHORIZING PARTICIPATION IN THE BICYCLE SAFETY PROGRAM WITH THE STATE OF MINNESOTA BE IT RESOLVED that the City of Columbia Heights, Minnesota enter into an agreement with the State of Minnesota, Department of Education, for the following purpose, to-wit: To reimburse the City for monies spent for approved activities in connection with project grant number 80-03-04 for the promotion of bicycle safety. Be it further resolved that the Mayor of the City and City Manager be and they hereby are authorized to execute such agreement. Passed this 14th day of January, 1980. Offered by: Hentges Seconded by: Heintz Roll Call: All Ayes At 12:15 a.m. Mayor Nawrocki declared the meeting recessed until 8:00 p.m. Tuesday, January 15 to finish the agenda. Bruc-"~--G. Nawrocki, Mayor '~unci 1 Secretary -