No preview available
HomeMy WebLinkAboutApril 10, 2000OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING APRIL 10, 2000 1. CALL TO ORDER/ROLL CALL Present: Mayor Gary Peterson, Councilmembers Jolly, Szurek, Wyckoff, and Hunter 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) Walt Fehst added item 7A2; a Resolution to remove a special assessment from the 2000 tax roll. 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.) MOTION A. by Wyckoff, second by Szurek, to approve the Consent Agenda items as follows, pulling items 4A2 and 4A6 for discussion: 1)Minutes for Approval MOTION: Move to approve the minutes of the March 27, 2000, Regular Council Meeting as presented. MOTION: Move to approve the minutes of the April 3, 2000, Board of Review as presented. 2)Approve change in the Murzyn Hall Group Fee Policy REMOVED FROM THE CONSENT AGENDA 3)Request authorization for fireworks display and to seek bids for 2000 Jamboree Fireworks MOTION: Move to authorize fireworks on Saturday, June 24, 2000 in conjunction with the Jamboree activities and to seek bids for a $6,000 fireworks display with $3,000 appropriated from Fund 101-45050-4378. 4) Adopt Resolution No. 2000-34, Being a Resolution Affirming Rates for Water Supply, Sewage Disposal, Storm Water Utility, Refuse, Recycling and Yard Waste in the City of Columbia Heights MOTION: Move to waive the reading of Resolution No. 2000-34, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2000-34, being a Resolution Affirming Rates for Water Supply, Sewage Disposal, Storm Water Utility, Refuse, Recycling and Yard Waste in the City of Columbia Heights. 5)Authorize to Purchase Updated Election Equipment City Council Minutes April 10, 2000 Page 2 MOTION: Move to authorize the Mayor and City Manager to enter into an agreement with Anoka County for the purchase of nine new ballot box counters, and to finance this purchase through the county program at a 4.5% interest rate over the next four years. Fehst indicated the equipment is budgeted over the next four years. 6)Accept Survey Research Proposal by Decision Resources, Ltd. Fehst indicated the survey is the City Council’s attempt to receive input from the community and to find what level of service the public would like from all departments. REMOVED FROM CONSENT AGENDA 7)Approval of Plans and Specifications and Authorization to Seek Bids for 2000 Street Rehabilitation Projects MOTION: Move to approve the Plans and Specifications for the 2000 Street Rehabilitation Projects in Zone 4 and authorize staff to seek bids for the same. 8)Approve Final Payment for 1999 Storm Sewer Improvements MOTION: Move to accept the work for 1999 Storm Sewer Improvements, City Project Numbers 9907, 9908, 9909, and 9910; and, authorize final payment of $30,351.25 to Glenn Rehbein Bros of Blaine, Minnesota. 9)Close Hearing for Rental License Revocation of 4544-4546 Fillmore Street MOTION: Move to close the Public Hearing Regarding the Revocation or Suspension of the Rental License held by William Frauly Regarding Rental Property at 4544-4546 Fillmore Street in that the Property is in Compliance with the Housing Maintenance Code. 10)Establish Hearing Dates Re: License Revocation or Suspension of Rental Properties MOTION: Move to establish a Hearing Date of April 24, 2000, for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia th Heights against A.C. Milan L.L.C. at 500 40 Avenue. MOTION: Move to Establish a Hearing Date of April 24, 2000, for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Marilyn Dalseth at 4607 Pierce Street. MOTION: Move to Establish a Hearing Date of April 24, 2000, for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Farzana Khan at 966-968 44 ½ Avenue. 11)Appointment of Members to Joint Community Task Force MOTION: Move to appoint the following individuals to the Joint Task Force: Julienne Wyckoff as City Councilmember, Marlaine Szurek as EDA Commissioner, Tom Ramsdell as Planning and Zoning Commissioner, and _______________--- as the Business Community Representative. Fehst indicated the Business Community Representative is yet to be named. This committee will facilitate City Council Minutes April 10, 2000 Page 3 communication regarding the Medtronic project, or infrastructure improvements, that will affect Fridley, Hilltop, and Columbia Heights. 12)Approve License Applications MOTION: Move to approve the items as listed on the business license and rental housing licenses agenda for April 10, 2000. 13)Payment of Bills MOTION: Move to pay the bills as listed out of proper funds. Hunter questioned the purchase of election machines. Fehst indicated Anoka County requested this change. Jolly requested Item 4A6 be pulled from the consent agenda for discussion. Wyckoff requested item 4A2 be pulled from the consent agenda for discussion. Motion carried. All ayes. th The resident from 4241 4 Street asked to address the Council. Mayor Peterson asked that she address the Council under Open Forum. #2. Approve change in the Murzyn Hall Group Fee Policy Wyckoff questioned the fee increase for use of Murzyn Hall. Fehst indicated there is only one full time maintenance person and a couple of part-time employees for this building. Murzyn Hall fees are reduced 35 percent for residents. This increase is an attempt to help cover a small portion of our costs. Other communities were contacted and have similar charges. Keith Windschitl, Recreation Director, indicated this fee is only for days when Murzyn Hall is not normally open, which requires an employee to be scheduled. If a City function is already scheduled and a fee group reserves space, there would be no additional charge. This policy would include any fund raising group. Murzyn Hall is typically open on Wednesday nights. There is also more clean up required with fund raisers. Fehst indicated groups can come to the Park and Recreation Commission and request the fee be waived. Jolly stated this is in response to comments that we are heavily subsidizing Murzyn Hall. Windschitl indicated this will affect groups making reservations after April 26. He indicated the request requiring a two week reservation will allow time to arrange for someone to work the event. Bruce Nawrocki,1255 Polk Place, stated his appreciation that the City Council packets are available at the public library. Nawrocki spoke against the Group Fee Policy, stating this facility was built by and for the community and their events. He also indicated that Murzyn Hall should be open on Monday holidays of which private businesses are open. He felt employees should be rescheduled to serve the needs of people within the community. Windschitl indicated the Park and Recreation Commission has set the dates of building closure. Peterson indicated he is the Park and Recreation Commission liaison, and this group feels rentals should be more of a breakeven situation. MOTION by Hunter, second by Wyckoff, to approve the change in Murzyn Hall policy to state that all fee-waived groups (including City departments, schools, non-profit, and civic groups) City Council Minutes April 10, 2000 Page 4 will be charged a $40 opening fee and $15 per hour for each staff person working their event. The user will pay for security and pre-mix at the current rate, if needed. This will apply to any room being used during any time when Murzyn Hall is not already staffed and will include fundraising events. Additionally, these groups shall be required to make their reservations at least two weeks prior to their event. These groups shall be limited to using long tables on the Motion carried. wood floor. This policy shall go into effect on April 26, 2000. All ayes. #6 Decision Resources Fehst indicated this would be a survey in response to the City Council goal for better communication with the community. It would find citizens’ attitudes and responses to services they receive from the City. This firm has done surveys for one-half of the communities and school districts in the metro area. A planning committee would determine the questions to be asked. A written report and oral presentation would be given to Council. Fehst wished this could have been done before the vote on the community center. This is not an attempt to resurface the community center issue, but is a very general survey. The cost is $8,200 and is included in the budget. It would be good to do such a survey every four or five years as a report card regarding City services. Jolly felt this would be helpful in City goal sessions to let Council know if they are headed in the right direction and being aggressive enough. Bruce Nawrocki indicated the agenda packet at Library was missing two pages regarding this issue. Staff gave him a corrected copy. He questioned where the funds would come from. Fehst listed the specific budget area titles. Nawrocki felt a paper survey would be less expensive and more beneficial. rd Karsten McCarthy, 4315 3 Street, felt this would be spending money on a consultant that citizens don’t want. Wyckoff stated she wants to hear what citizens in our community, who don’t speak up very often, have to say and what they feel about our community. MOTION by Jolly, second by Szurek, to accept the written survey research proposal as made by Decision Resources, Ltd.; and to authorize the Mayor and City Manager to Motion carried. enter into an agreement for same. All ayes. 5. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS A.Proclamations B.Presentations C.Introduction of New Employees D.Recognition 1.Roger Peterson, 4113 Quincy Street NE MOTION by Wyckoff, second by Hunter, to appoint Roger Peterson, to a three year term, ending April 1, 2003 to the Human Services Commission. Mayor Peterson stated he was proud to introduce Roger Peterson as the newest Human Services Commission member. Mr. Peterson is a former Columbia Heights Community Service Officer, and is an active citizen in our community who we are proud to have on this commission. 2.Recognition of Promotions for Sergeant John Rogers and Corporal Ted Fischer City Council Minutes April 10, 2000 Page 5 Police Chief Tom Johnson introduced newly promoted Sergeant John Rogers, who has worked for the city since 1986 as an investigator, and was also promoted to Corporal in 1998. Sergeant Rogers was this years recipient of the Chief’s Meritorious Service Award. He indicated Sergeant Rogers has received many grants for the City. Mayor Peterson awarded Sergeant John Rogers with his new badge. Sergeant Rogers stated it was a privilege and honor to serve in Columbia Heights. He has seen many programs grow, including technology, and felt it a wonderful challenge to move up through ranks and be involved in the decision making process. Chief Johnson indicated Corporal Ted Fischer will be present at the next meeting to receive his promotion. 6. PUBLIC HEARINGS A.Public Hearing for Revocation/Suspension of Rental Housing License at 3843 Hayes Street Dana Alexon, Assistant Fire Chief indicated staff has been contacted by one of the owners of the property, who did not receive the paperwork due to proceedings between the owners of the property. The owner has paid all fines due and has asked for 30 days to correct deficiencies in the property. Alexon asked Council to table any action for 60 days. MOTION by Szurek, second by Wyckoff to table the adoption of Resolution No. 2000-36, a Resolution of the City Council of Columbia Heights Approving Revocation Pursuant to Ordinance Code Section 5A.408(01) of the Rental License held by Sally Anderson regarding Motion carried. rental property at 3843 Hayes Street for 60 days. All ayes. B.Second Reading of Ordinance No. 1404, Being an Ordinance Amending sections of the Zoning Ordinance Ken Anderson, Community Development Director, stated this is the second reading of the proposal to amend the Zoning Ordinance, pertaining to car and fleet sales. This would allow up to five vehicles for sale at financial institutions. The initial request was made by Richard Lange, First Community Credit Union. The Planning and Zoning Commission authorized staff to proceed with language to amend the zoning text. At the th March 20 work session, Council recommended including an establishment definition. Peterson closed the hearing. MOTION by Szurek, second by Jolly, to waive the reading of Ordinance No. 1404, there being Motion carried. ample copies available for the public. All ayes, MOTION by Szurek, second by Jolly, to adopt Ordinance No. 1404, being an ordinance amending sections 9.111(2), 9.112(2), 9.113(2), 9.114(1), 9.115A(2), and 9.116(14) of the Motion carried. Columbia Heights Zoning Ordinance. All ayes, ORDINANCE NO. 1404 City Council Minutes April 10, 2000 Page 6 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO ZONING AMENDMENTS The City of Columbia Heights does ordain: Section 1: Section 9.112(2)(o) of Ordinance No. 853, City Code of 1977, which currently reads as follows, to wit: 9.112(2)(o)Car Sales/Fleet Sales/Advertisement provided that: D.The lot is surfaced and graded according to a plan submitted by the applicant and as approved by staff. E.The “for sale” or “fleet” vehicles cannot eliminate required parking spaces. F.No more than two (2) cars will be permitted for such use at any time. G.No “for sale” or “fleet” vehicle can remain on the lot for more than fourteen (14) days at any one time. Shall be repealed and hereafter be amended to read as follows: 9.112(2)(o)Financial institutions shall be allowed to display a maximum of five (5) vehicles for sale that have been acquired through repossession or other legal means, provided that the conditions of 9.116(14)(B) can be met. Vehicle sales conducted in this manner shall be deemed an accessory use to the financial institution and applications shall be processed as a Conditional Use Permit as identified in Section 9.105(5). For the purposes of this section, financial institutions shall include a bank, savings bank, savings association, or credit union. Section 2: Section 9.113(2)(k) of Ordinance No. 853, City Code of 1977, which currently reads as follows to wit: 9.113(2)(k)Vehicles not to exceed 2 tons, for sale in conjunction with only automobile repair businesses which do not sell fuel, provided that the following requirements are met: 1)Parking area for car sales cannot eliminate required parking spaces for primary use. 2)No more than ten (10) vehicles can be displayed for sale at any one time. 3)Traffic flow on lot, lighting, parking lot striping must be approved through the Conditional Use Permit process before approval for such operation can be granted. 4)Size, type and style of any signage for such vehicle must be within the vehicle at all times and approved by staff. 5)All required state and local licenses must be obtained. Shall be repealed and hereafter be amended to read as follows: 9.113(2)(k)Vehicles not to exceed 2 tons, for sale in conjunction with only automobile repair businesses which do not sell fuel, subject to the conditions of Section 9.116(14)(B) and provided that no more than ten (10) vehicles will be permitted for such use at any time. Section 3: Section 9.114(1)(c) of Ordinance No. 853, City Code of 1977, which currently reads as follows to wit: 9.114(1)(c) Auto and truck sales, auto repair. Shall be repealed and hereafter be amended to read as follows: 9.114(1)(c) Auto and truck sales subject to the conditions of Section 9.116(14)(B), and auto repair. City Council Minutes April 10, 2000 Page 7 Section 4: Section 9.115A(2)(b) of Ordinance No. 853, City Code of 1977, which currently reads as follows to wit: 9.115A(2)(b) Auto sales, subject to the following conditions: A.The use of the property for auto sales must be accessory only to auto repair or auto reduction yards. B.The permitted and accessory uses must be on a site plan approved by the Planning and Zoning Commission or by the City Council. C.An open auto sales lot must comply with the provisions of Section 9.116(14). D.All autos presented for sale must be parked on an impermeable to oil and water surface in good repair, such as asphalt or concrete and on parking spaces no smaller than twenty feet (20') in length by ten feet (10') in width. E.No more than fifteen (15) cars may be available for sale at any given time. F.All cars offered for sale must be stored within a securely fenced area. G.All customer and employee parking must be located on a parking lot with a surface impermeable to oil and water, such as asphalt or concrete, said surface must be maintained in a condition of good repair. Shall be repealed and hereafter be amended to read as follows: 9.115A(2)(b) Auto sales, subject to the following conditions: A.The use of the property for auto sales must be accessory only to auto repair or auto reduction yards; B.Vehicle sales shall be subject to the conditions of Section 9.116(14)(B); C.No more than fifteen (15) vehicles will be permitted for such use at any time; and, D.All vehicles offered for sale must be stored within a securely fenced area. Section 5: Section 9.116(14) of Ordinance No. 853, City Code of 1977, which currently reads as follows to wit: 9.116(14)Open Sales Lots Open sales lots in all districts shall be subject to the following standards: A.The required yard abutting the public right-of-way shall be landscaped and said landscaping shall be separated from the usable portion of the lot by a curb or fence. B.All of the lot other than the portion occupied by building or landscape treatment shall be surfaced to control dust and drainage. C.Lot shall be constructed according to a grading plan approved by the City Engineer. D.When such lot is abutting a lot located in the “R” District, a fence of acceptable design shall be erected along the property line. E.The outdoor lighting system for a sales lot shall be so designed that no direct source of light is visible from the public right-of-way or adjacent land. F.Should a public address system be installed, the volume of the sound transmitted shall not be over 50 decibels at 75 cycles per second at the property line. G.A site plan for the lot showing access aisles, parking, storage, fencing and other necessary features required to understand the operation shall be filed for approval by the City. Shall be repealed and hereafter be amended to read as follows: 9.116(14)AOpen Sales Lots Open sales lots in all districts shall be subject to the following standards: A.The required yard abutting the public right-of-way shall be landscaped and said landscaping shall be separated from the usable portion of the lot by a curb or fence. City Council Minutes April 10, 2000 Page 8 B.All of the lot other than the portion occupied by building or landscape treatment shall be surfaced with a material impermeable to oil and water, such as asphalt or concrete. C.Lot shall be constructed according to a drainage and grading plan approved by the City Engineer. D.When such lot is abutting a lot located in the “R” District, a fence of acceptable design shall be erected along the property line. E.The outdoor lighting system for a sales lot shall be so designed that no direct source of light is visible from the public right-of-way or adjacent land. F.Should a public address system be installed, the volume of the sound transmitted shall not be over 50 decibels at 75 cycles per second at the property line. G.A site plan for the lot showing access aisles, parking, storage, fencing and other necessary features required to understand the operation shall be filed for approval by the City. 9.116(14)(B)Vehicle Sales Lots are subject to the following conditions. 1)The lot is surfaced and graded according to a plan submitted by the applicant and as approved by staff. 2)A site plan illustrating access aisles, parking locations for for-sale or fleet vehicles, storage areas, and other applicable features shall be submitted for review and approval. 3)The “for sale” or “fleet” vehicles cannot eliminate required parking spaces and must be parked entirely on a privately owned parking lot(s) with a surface impermeable to oil and water, such as asphalt or concrete. 4)Signage for such vehicle must be securely attached to the vehicle and shall not extend above the roof of such vehicle. For the purposes of this condition, the vehicle roof shall be considered the highest factory installed body part, excluding accessory parts such as roof racks and antennas. 5)There shall be a building located on the lot(s) devoted to the conduct of business for vehicle sales. Section 6: Section 9.111(2) of Ordinance No. 853, City Code of 1977 shall hereafter be amended to read as follows: 9.111(2)(p)Financial institutions shall be allowed to display a maximum of five (5) vehicles for sale that have been acquired through repossession or other legal means, provided that the conditions of 9.116(14)(B) can be met. Vehicle sales conducted in this manner shall be deemed an accessory use to the financial institution and applications shall be processed as a Conditional Use Permit as identified in Section 9.105(5). For the purposes of this section, financial institutions shall include a bank, savings bank, savings association, or credit union. Section 7: Section 9.113(2) of Ordinance No. 853, City Code of 1977 shall hereafter be amended to read as follows: 9.113(2)(p)Financial institutions shall be allowed to display a maximum of five (5) vehicles for sale that have been acquired through repossession or other legal means, provided that the conditions of 9.116(14)(B) can be met. Vehicle sales conducted in this manner shall be deemed an accessory use to the financial institution and applications shall be processed as a Conditional Use Permit as identified in Section 9.105(5). For the purposes of this section, financial institutions shall include a bank, savings bank, savings association, or credit union. Section 8: Section 9.114(2) of Ordinance No. 853, City Code of 1977 shall hereafter be amended to read as follows: City Council Minutes April 10, 2000 Page 9 9.114(2)(l)Financial institutions shall be allowed to display a maximum of five (5) vehicles for sale that have been acquired through repossession or other legal means, provided that the conditions of 9.116(14)(B) can be met. Vehicle sales conducted in this manner shall be deemed an accessory use to the financial institution and applications shall be processed as a Conditional Use Permit as identified in Section 9.105(5). For the purposes of this section, financial institutions shall include a bank, savings bank, savings association, or credit union. Section 9: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. Offered by:Szurek Seconded by:Jolly Roll Call:All ayes First Reading:March 27, 2000 Second Reading:April 10, 2000 Date of Passage:April 10, 2000 Gary L. Peterson, Mayor Patricia Muscovitz, Deputy City Clerk 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1)Change in Use Moratorium th Anderson stated that on February 14, the City Council imposed a 120 day moratorium for any change in use within the four business districts in the City, by resolution. Since that time Council and staff have received a request for an exception to the moratorium so they may go forward toward occupation of the building that was donated to them. Options for Council consideration: 1. Motion to terminate the moratorium; 2. Grant special release from the moratorium for Families Moving Forward; and adopting emergency Ordinance No. 1412 allowing Families Moving Forward to proceed with their application for consideration by the Planning and Zoning Commission for a conditional use permit, while continuing the moratorium on all other properties; 3. Adopt emergency Ordinance No. 1413, to continue the moratorium; 4. Direct the City Attorney to proceed with an eminent domain to acquire the property at 4101 Central Avenue for the purpose of redevelopment of the downtown area. Anderson reminded members that passage of an Ordinance requires a 4/5th vote by Council. th Harold Hoium, 4321 5 Street, felt the proposed use of this building was inappropriate as it is located on a highway and right next to a bus terminal, which is not a safe area for children. He questioned if the group would have the finances to maintain this building, and warned the City may have to help support them when they fall behind. He mentioned the churches listed did not include any local churches. He questioned who the donor was. He spoke of the dangers in this area, and felt it would need to be fenced. He stated the City already spent a lot of money on a Comprehensive Plan and residents want something done to improve this city. City Council Minutes April 10, 2000 Page 10 Tish Alexander, associated with a Families Moving Forward fund raising group, stated they are committed to raising thousands of dollars to support this group. She felt this would be a very safe area, and during the day the older children are in school. There is usually only a 30 to 40 day turn over for a family. There are 40 churches in the area helping this group. Bruce Nawrocki indicated that relative to the proposed use, he would reluctantly speak against this use. He understands the need for these services, but felt this is not the area for it. He feels the moratorium is long over due, as our business district is attracting business like check cashing stores or pole barn type buildings. He thinks it is important to follow the Comprehensive Plan process and the planning for the Central Avenue business district. He asked Council to “stay the course”. Dennis Farrell, President of Families Moving Forward Board stated the building at 4101 Central was donated to them and included a clause that stated they must use the building for two years or deed it to another non- profit organization. He stated they have been looking for a location since last fall; they did not look in Columbia Heights for a building, but looked in many different communities. The group started fund raising last fall with sources from General Mills, Pillsbury, Medtronic, and 40 churches which help with volunteer work. The group has been in existence for nine years, and its operation would cost the city nothing. He stated this building was vacant for three years, and they will refurbish the outside. Their clients are full families from all over the metro area. Their guests arrive by agency bus at 8.00 a.m. and leave by bus at 5:30 p.m. The front door is locked and guests would enter through the back door. Their present location is on Broadway. Mayor Peterson questioned Mr. Farrell’s statement in the Northeaster newspaper stating “the city hasn’t changed a bit in 40 years”. Peterson stated he is proud of this community, and feels a lot has been accomplished. He felt it was a negative statement. There is street scape work being completed in st 2001, work continues on a big development on 41 Avenue, a new office building approved on Central, and a hazardous building was torn down on Central. Mr. Farrell apologized. Hunter addressed the statement that the City let the building stand empty for three years. He stated he has been trying for over two years to help get someone into that building, and he was told that the building owner instructed his realtor not to sell, lease, or rent this building. Hunter suggested two years ago to move the Police Department or Library into that building. He stated it was mis-information that the moratorium was set aimed at Families Moving Forward. He stated that if there was another building in the community, the Council would do whatever possible to help them. Hunter stated this is not the proper location. Hunter indicated he had approached the building official to begin condemnation. Mr. Farrell stated they have been asked to terminate usage of their present building. Peterson sympathized that Families Moving Forward was losing their space, but stated this was beyond the City’s control. Carol Merriweather, Director for Families Moving Forward, stated she has enjoyed dealing with the council. She indicated two of the people who work for her live in Columbia Heights, and one of those was formerly homeless. Hunter indicated many letters were received and he thanked everyone for sending them. Hunter stated this was a tough decision for everyone on the Council. Rev. Richard Buller, volunteer, stated Councilmembers need to know this is not just a local program, but a national program. He indicated there are 40 congregations who will bring money, time, and talent to this community. City Council Minutes April 10, 2000 Page 11 Nawrocki agreed with the Mayor, that there have been very positive changes in Columbia Heights, and that this City has been positive to social programs. He stated that at one point we had the highest percentage of Section 8 homes respective to our population, and there have been several Habitat for Humanity homes built. This community has done its share to meet social problems. Dan Kelly, member of the Families Moving Forward Board, reminded everyone of the timing issue. Families Moving Forward has been given the building and plan to move in. If the moratorium remains they will be inconvenienced and people will be out on the street. In response, Peterson indicated the Council is looking at a possible eminent domain, which would make the date to be in the building irrelevant. He indicated that this is the hardest decision he has had to make, and his decision will be based on “what is best for Columbia Heights” . Jolly indicated he is in favor of lifting the moratorium. This group received a gift, and he could not vote to keep this group out to fulfill a Comprehensive Plan. He stated that voting to lift the moratorium “seems like the thing to do”. Peterson asked Anderson, Community Development Director, for his professional point of view on the different scenarios. Anderson stated he felt the Council had a very difficult decision and knew it weighed heavily on them. He was aware that the Mayor did not want the moratorium, in the first place, but from a community development point of view, it is important to consider the long term plan of the city. Cities who have such a plan are successful. Anderson stressed the need to continue working with the EDA, citizen’s committees, and groups like the Design Team. The upgrading of Central Avenue is a goal that will establish a business district that will be long-lived and successful. The conclusion of the thrd Comprehensive Plan will be established the last week in April. The area from 37 to 43 on Central th Avenue, and from Central Avenue to City Hall on 40 Avenue were determined necessary for improvements to create a vibrant and critical use area. The Zoning Ordinance will be completed by July. The direction of these efforts is to acquire property, considering the mix of residential and commercial uses, and improving pedestrian uses and transportation, like the transit hub. The plans have not been adopted as yet, but it is important to continue toward this goal. Motion by Wyckoff, second by Szurek, to waive the reading of Emergency Ordinance Motion carried. No. 1413, there being ample copies available to the public. All ayes. Motion by Wyckoff, second by Szurek, to adopt Emergency Ordinance No. 1413, an Emergency Ordinance imposing a moratorium on the change in use of property within the business districts in the City of Columbia Heights. Upon roll call vote: Szurek, yes; Jolly, Motion carried. no; Wyckoff, yes; Hunter, yes; Peterson, yes. EMERGENCY ORDINANCE NO. 1413 BEING AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977 The City of Columbia Heights does ordain: Section 1: On August 12, 1974, the City of Columbia Heights adopted Ordinance 818 which is an ordinance relating to and establishing a zoning plan and revised zoning map for the City of Columbia Heights; and, City Council Minutes April 10, 2000 Page 12 Section 2: Ordinance 818 and subsequent amendments is officially known as the Columbia Heights Zoning Code; and, Section 3: The Columbia Heights Zoning Code divides the City into four residential districts, four business districts, and two industrial districts; and, Section 4: The four business districts are further classified in the Columbia Heights Zoning Code as the LB Limited Business District, the CBD Central Business District, the RB Retail Business District, and the GB General Business District; and, Section 5: The City Council determines it is necessary to complete the Comprehensive Plan update, the Master Redevelopment Plan for Downtown Columbia Heights, and the rewrite of the Columbia Heights Zoning Code before permitting a change in use of any property located in the business districts within the City; and, Section 6: For the purpose of this ordinance, change in use shall be interpreted to mean any occupant change from the time of adoption of this Emergency Ordinance which includes, but is not limited to, activities such as a change in tenant, redevelopment of property, or new development. Section 7: In an effort to protect the health, safety, and welfare of the public the Columbia Heights City Council hereby imposes a moratorium on the change in use of property within the business districts in the City of Columbia Heights, effective immediately and terminating on June 13, 2000, and recognizing said time period may be shortened or extended by adoption of an Emergency Ordinance by the City Council. Section 8: Activities affected by this moratorium include anything in the business districts requiring action by the Planning and Zoning Commission, building permits for work involving structural changes, and change in tenant or owner-occupant of a property. This does not include building permits for maintenance issues such as roofs and/or siding. Also, formal applications submitted for Planning and Zoning Commission action prior to the date of adoption of this resolution will not be impacted by the moratorium. Section 9: This Ordinance shall be in full force and effect from and after the date of its passage. Offered by:Wyckoff Seconded by:Szurek Roll Call:Aye - Wyckoff, Szurek, Hunter, Peterson Nay- Jolly First Reading:April 10, 2000 Date of Passage:April 10, 2000 Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk Motion by Wyckoff, second by Hunter, to direct the City Attorney to initiate the necessary process to utilize the power of an eminent domain to acquire the property at Motion carried. 4101 Central Avenue NE. Upon voice vote, 4 ayes, 1 nay. Peterson stated the Council has put in a lot of effort to work for the good of the community. He indicated that if there is any building available in the city, we would work with Families Moving City Council Minutes April 10, 2000 Page 13 Forward to establish them in our community. Addition to the agenda 7A2 - Resolution to remove a special assessment from the 2000 tax roll. Fehst indicated the garage was abated, and the resident had not signed the authorization to raze the hazardous building. The resident is now requesting the City to remove the special assessment from the 2000 tax roll and asked for the cost to be assessed over a five year period. Fehst felt this was the most reasonable solution. Motion by Hunter, second by Wyckoff, to adopt Resolution No. 2000-37, being a resolution to remove a certified special assessment certified to Anoka County for the taxes payable 2000 against 3900 Central Avenue, PIN 35 30 24 44 0006 and to assess Motion carried. the $2,718.22 over five years at eight percent interest. All ayes. Wyckoff asked for the correct resolution number. Staff indicated the Resolution was #2000-37. R E S O L U T I O N NO. 2000 - 37 BEING A RESOLUTION REMOVING AN AMOUNT CERTIFIED TO THE TAXES PAYABLE 2000 AS A DELINQUENT ASSESSMENT WHEREAS , the property known and described as: Lot 20, Block 62, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. PIN 35 30 24 44 0006, 3900 Central Avenue N.E. was assessed for removal of a garage and related costs, in the amount of $2,719.22, under local improvement No. 1006 and was certified to Anoka County Fund #82958 by Resolution 99-88, AND WHEREAS , the owner of the property cannot pay such a large amount with the real estate taxes in one year; and, BE IT THEREFORE RESOLVED , by the City Council of the City of Columbia Heights, that the City Clerk is hereby authorized to remove from the 1999 Certification list the entire amount of $2,719.22 from Anoka County Fund #82958 for PIN 35 30 24 44 0006, BE IT ALSO RESOLVED , by the City Council of the City of Columbia Heights, that the City Clerk is hereby directed to place the $2,719.22 back on the assessment roll in PIR 1034 and to spread the amount over five (5) years at 8% interest annually on the unpaid amount. The first installment will be due September 15, 2000 with 8% interest on the $2,719.22 included. th Passed this 10 day of April, 2000. Offered by:Hunter Seconded by:Wyckoff Roll Call:All ayes ______________________________ Gary L. Peterson, Mayor __________________________________ City Council Minutes April 10, 2000 Page 14 Patricia Muscovitz, Deputy City Clerk B. Bid Considerations C. Other Business 8.ADMINISTRATIVE REPORTS A. Report of the City Manager B. Report of the City Attorney 9.GENERAL COUNCIL COMMUNICATIONS A.Minutes of Boards and Commissions 1)Meeting of the March 8, 2000, Columbia Heights Human Services Commission. 2)Meeting of the March 22, 2000, Columbia Heights Park and Recreation Commission. 3)Meeting of the March 16, 2000, Columbia Heights Telecommunications Commission. 4)Meeting of the April 3, 2000, Columbia Heights Traffic Commission. 10.CITIZENS FORUM (At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. The citizen is requested to limit their comments to five minutes. Please note, the public may address the Council regarding specific agenda items at the time the item is being discussed.) th Jean LaPlant, 4241 4 Street, stated there is a Habitat home planned next to them that is trying to take their land. She stated that years ago there was an agreement filed with Anoka County regarding several inches between their lots. She went to Anoka County and they stated the information may be in the archives. She asked the City for help to find the lost records showing four inches were sold to them. Fehst indicated Ms. LaPlant has spoken to Jane Gleason, Special Assessment Clerk, who indicated the City has no record of this information. Fehst and several Council Members have viewed the property and agree there is a property dispute. He asked who the fence belonged to. LaPlant indicated it belongs to a neighbor. Fehst indicated this is possibly a civil matter. Hoeft stated that if this is a boundary dispute, the City will not get involved. He suggested it is difficult for the City to research such records, and suggested she hire an attorney. Mel Collova, Building Official, felt this would not be a problem for placement of the habitat house, as the house is very narrow. Ryan Carras, Habitat for Humanity stated the lot was purchased last fall, with assistance of a realtor. They have title insurance which examined the property, and they have a professional survey which indicates that it is a 40 foot wide lot with sufficient setbacks. He stated Habitat for Humanity is willing to work with Ms. LaPlant to see if there is a difference in records. Fehst indicated no action can be taken tonight. He will speak to Ms. Gleason further. This does not seem to be a problem for placement of the Habitat house. th Mark Wagner, 5050 6 Street NE, stated he is irritated with recreational fire permits being issued. Last week a permit was given to a neighbor. He stated permits are to be for one day and the neighbor burned City Council Minutes April 10, 2000 Page 15 for two days. He suggested there should be another way to call for help than 911. Jolly asked if he has talked to the fire chief. He responded he has not, but has called the authorities twice, and when they arrive he had the fire under control. Peterson indicated permits are only for recreational fire and not allowed after 11:00 p.m. Johnson indicated the Police are the first to respond and report to the Fire Department. Discussion included use of the 911 system. Johnson indicated that is Anoka County’s fastest response and he is encouraged to use it. Fehst indicated the 911 system is not over burdened. Mr. Wagner was advised to speak to the Fire Chief. Fehst stated residents need to call 911 if they see there is a problem. Harold Hoium congratulated the Council for keeping children safe by their decision regarding the moratorium. 11.ADJOURNMENT Motion by Szurek, second by Wyckoff, to adjourn the meeting at 9:20 p.m. ______________________________ Patricia Muscovitz, Deputy City Clerk