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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
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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.
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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.
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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
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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
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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.
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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
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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
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Comprehensive Plan will be established the last week in April. The area from 37 to 43 on Central
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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.
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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.)
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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.
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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