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HomeMy WebLinkAboutMay 8, 2000OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING MAY 8, 2000 1. CALL TO ORDER/ROLL CALL Present: Councilmembers Szurek, Jolly, Wyckoff, Hunter, and Mayor Peterson 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.) 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.) City Manager Fehst added Item 4-A-17, which was discussed at the work session, regarding the refinishing of the floor at Murzyn Hall. MOTION A. by Szurek, second by Jolly, to approve Consent Agenda items as follows: 1)Minutes for Approval MOTION: Move to approve the minutes of the April 24, 2000, Regular Council Meeting as presented. 2)Resolution requesting MSAS Construction Funds for Other Local Transportation Uses Fehst stated the Resolution indicates the streets involved. MOTION: Move to waive the reading of the Resolution, there being ample copies available to the public. MOTION: Move to approve and adopt Resolution # 2000-41 requesting Municipal State Aid System construction funds for other local transportation uses. RESOLUTION #2000-41 BEING A RESOLUTION REQUESTING MUNICIPAL STATE AID SYSTEM CONSTRUCTION FUNDS FOR OTHER LOCAL TRANSPORTATION USES WHEREAS , the City of Columbia Heights receives Municipal State Aid System (MSAS) funds for construction and maintaining 20% of its City streets, and WHEREAS, 11.65 MSAS miles are currently authorized, and WHEREAS, 11.65 MSAS streets have been built or resurfaced since 1964, and WHEREAS, the City currently has 47.08 municipal streets that require maintenance and upgrade, and WHEREAS, the majority of these streets have insufficient strength and poor surface drainage, and WHEREAS, it is proposed to systematically install or repair concrete curb and gutters for improved surface water drainage and additional strength to the streets for traffic survivability, and City Council Agenda May 8, 2000 Page 2 WHEREAS, the City State Aid routes are improved to State Aid standards and are in an adequate condition that they do not have needs other than additional resurfacing, and WHEREAS, it is authorized by MN Rules 8820.1800 to use part of the MSAS construction appropriation of our City’s State Aid allocation on local streets not on the approved State Aid system, and WHEREAS, the City proposes to rehabilitate the City-owned underground utilities as needed and rebuild the street in the process, and WHEREAS, it is proposed to use a portion of the City’s population allocation funds to upgrade the local street, to wit: Monroe Street thstthstth (49 Ave to 51 Ave), Jackson Street (49 Avenue to 51 Ave), 49 ½ Avenue, 50 Avenue (University Ave Service Dr to Washington stththth St and Monroe St to Central Ave), 50 ½ Avenue, and 51 Avenue (5 St to 6 St), combined with other construction on 49 Avenue st (Monroe St to Jackson St ) and 51 Avenue ( Jackson St to Central Ave ), and WHEREAS, the City indemnifies save and holds harmless the State of Minnesota and its agents and employees from claims, demands, actions, or causes of action arising out of or by reason or matter related to constructing the local street as designed, and WHEREAS, the City further agrees to defend at its sole cost any claims arising as a result of constructing the local street, and WHEREAS, the final approval of the State Aid for Local Transportation Division is therefore given, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA that: the City of Columbia Heights, Anoka County Minnesota, requests the release of MSAS construction funds for the upgrade and thstthst reconstruction of City municipal streets, to wit: Monroe Street (49 Ave to 51 Ave), Jackson Street (49 Avenue to 51 Ave), 49 ½ thstth Avenue, 50 Avenue (University Ave Service Dr to Washington St and Monroe St to Central Ave), 50 ½ Avenue, and 51 Avenue (5 th St to 6 St). th Dated this 8 day of May, 2000. Offered by:Szurek CITY OF COLUMBIA HEIGHTS Seconded by:Jolly Roll Call:All ayes _____________________________________ Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk 3)Authorization to Prepare Plans for Jackson Pond Site Improvements Fehst stated this would be beautification and landscaping of the current area. The back fence is ours, but the shopping center was required to put in some screening. MOTION: Move to authorize staff to prepare plans for Jackson Pond site improvements: Pond fencing and site landscaping with funding for the improvements to come from the Storm Water Utility Fund. 4)Insurance Coverage from 05-09-2000 to 05-09-2001 MOTION: Move to authorize the Mayor and City Manager to enter into an agreement with Youngdahl Companies to become our Agent of Record for the City’s insurance package. 5)Transfer of Funds from General Fund to Police Department Contributions Fund #883 MOTION: Move to transfer $3,250.17, the total amount of money received from the State of Minnesota, via Anoka County, from the General Fund to the Police Department 2000 budget under Fund #883 for our efforts in transporting inebriated individuals to detox. This would be done to assist in covering the cost of unbudgeted items and the cost of City Council Agenda May 8, 2000 Page 3 sending our Explorers to the National Conference in Atlanta, Georgia. 6)Approve Variance at 4252 Washington, Case #2000-0510 MOTION: Move to approve the 17 foot setback variance at 4252 Washington Street NE because tree location on the property creates a hardship. 7)Authorization to retain Buetow and Associates for initial plans for development of 4101 Central Avenue NE. MOTION: Move to authorize the Mayor and City Manager to enter into a contract with Buetow and Associates for the purpose of preparing the initial concept plans for the development of 4101 Central Avenue NE. 8)Authorize Purchase of Kromer Ballfield Machine MOTION: Move to authorize the purchase of the Kromer ballfield machine at a total cost of $7,201.20 including tax, with the recreation’s portion being paid from account 881- 45001 in the amount of $5,719.75, and the public works portion from account 101-45200 in the amount of $1,481.51. Fehst stated $5,719.75 will come from the Boosters contribution, and the Public Works Department will fund the remaining $1,481.51 for the painting attachment. 9)Request authorization to award bid for 2000 Jamboree Fireworks MOTION: Move to award the bid for the 2000 fireworks display scheduled for Saturday, June 24, 2000 to Melrose Pyrotechnics for a $6,000 fireworks display with $3,000 appropriated from Fund 101-45050-4378. Fehst stated staff asked for quotes from two bidders. Most of the funds necessary to meet the donation portion have been raised. 10)Establish Hearing Dates Re: License Revocation or Suspension of Rental Properties at 981 43 ½ Avenue NE, and 1236-1238 Circle Terrace. MOTION: Move to establish a Hearing Date of June 12, 2000, for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Mohammed Khan at 981 43 ½ Avenue NE. MOTION: Move to Establish a Hearing Date of June 12, 2000, for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Gerald Janson at 1236-1238 Circle Terrace. 11)Close the Hearing for Rental License Revocation at 4616 Tyler Street MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Syed Raza Regarding Rental Property at 4616 Tyler Street in that the Property is in Compliance with the Housing Maintenance Code. 12)Renewal of Class B Gambling License for Immaculate Conception Church for activities held at the Church Fehst stated this is for their pull tab license, which is allowed by state law, for their Family Fest. MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board stating that the City of Columbia Heights has no objection to the City Council Agenda May 8, 2000 Page 4 renewal of a Class B charitable gambling license for the Church of Immaculate Conception, 4030 Jackson Street NE, Columbia Heights; and furthermore, that the City Council hereby waives the remainder of the sixty-day notice to the local governing body. 13)Premise Permit Renewal Application for Immaculate Conception Church at The Star Bar and Grill MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board stating that the City of Columbia Heights has no objection to the issuance of a Class B premise permit for the Church of the Immaculate Conception in conjunction with activities at The Star Bar and Grill, 4005 Central Avenue NE, Columbia Heights, Minnesota; and furthermore, that the City Council hereby waives the remainder of the sixty-day notice to the local governing body. 14)Premise Permit Renewal/Application for Immaculate Conception Church at Mady’s Bowling Center MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board stating that the City of Columbia Heights has no objection to the renewal of a Class B premise permit for the Church of Immaculate Conception in conjunction with activities at Mady’s Bowling Center, 3919 Central Avenue NE, Columbia Heights; and furthermore, that the City Council hereby waives the remainder of the sixty- day notice to the local governing body. 15)Approve License Applications MOTION: Move to approve the items as listed on the business license agenda for May 8, 2000. 16)Payment of Bills MOTION: Move to pay the bills as listed out of proper funds. ADDITION17)Authorization to seek bids on Refinishing of Wood Floor in Murzyn Hall MOTION: Move to authorize staff to seek bids for the Refinishing of the wood floor in the main hall of Murzyn Hall with the funds not to exceed $4,000, which was budgeted in 101- 45129-4000. Jolly suggested another vendor for fireworks, and suggested an alternate date. Wyckoff stated this consent agenda approved the beer and wine license request of Ashok Bedi, owner of Sahib’s Gateway To India. She highly recommended this restaurant, stating the food was very good. Motion carried. All ayes. 5. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS A.Proclamations 1.Athletic Booster Club Week - Jerry Foss, President CHAB, Jack Bartlett, CHAB Mayor Peterson, who has been a Booster Club member for over 25 years, stated he was very proud of this organization and the tremendous things they have done for our community. The Mayor read the proclamation. City Council Agenda May 8, 2000 Page 5 Peterson stated the 13 years the Booster Club has been involved in charitable gambling, they have donated over $1,000,000 to our schools, $853,755 to our City, and $428,788 to other miscellaneous causes; for a total donation of $2,303,229. Booster President, Jerry Foss, accepted the proclamation, and stated that it is a great honor to work with members of this club. Fehst stated it is a privilege to work in a community with an active, aggressive group like the Boosters that does so many good things for this community, through promotions, activities, and contributions. Hunter stated the Boosters were the backbone of all clubs in this community. Peterson stated the Boosters’ awards banquet is May th 10. B.Presentations C.Introduction of New Employees D.Recognition 1.Promotion of Corporal Ted Fischer Chief Johnson introduced Corporal Ted Fischer, a seven and one-half year veteran, who was an investigator, and premier Dare Officer. He was promoted in March of 2000 to Corporal. The Mayor presented Corporal Fischer with his badge. Fischer apologized for missing the previous meetings. He stated he appreciated this promotion and working with Chief Johnson, and hopes to pass on his knowledge to other officers. Peterson stated that Carole Blowers, Administrative Secretary, was recently elected as the new President of Municipals, an association of suburban municipal employees. The Mayor thanked her for her involvement and stated how proud he was of her. Peterson stated that Chief Thomas Johnson, was elected as Director to the Minnesota Chiefs of Police Association, at their annual meeting. The Mayor congratulated him. E.Guests 1.Representative Chaudhary - Legislative Update Peterson stated Representative Chaudhary was scheduled to speak, but as they are still in session, Representative Chaudhary will be rescheduled for a June City Council meeting. 6. PUBLIC HEARINGS A.Public Hearing for Revocation/Suspension of Rental Housing License at 1407-1409 Circle Terrace Boulevard NE Assistant Fire Chief Alexon stated this item is a continuation of the public hearing begun in 1999, and gave the background information. He stated this item is back regarding one particular violation. There are five violations remaining on the property, all exterior needs. The agreement negotiated with the owners representative allowed until June 15, 2000 to complete four items, but one item was to be completed May 1, 2000. Alexon stated this violation for missing screens has gone on for two years. He was at the property today, and there are still three screens missing or in disrepair. He recommended revocation of the rental housing license at 1407-1409 Circle Terrace Boulevard. Wyckoff asked how the tenants felt regarding this. Alexon does not anticipate any problem for the renters. Jolly stated this is only a minor item, but such an item should not take two years to repair. Alexon stated that at this City Council Agenda May 8, 2000 Page 6 point, repairs have not begun on any of the other violations, which include painting, stumps, landscaping, and a retaining wall. Szurek felt the owner has no intention of correcting the violations. Alexon has sent a letter to the owner, and has had phone contact with him. The owner believed the violations were taken care of. Peterson opened the public hearing. Upon no comment from the audience, Peterson closed the public hearing. MOTION by Hunter, second by Szurek, to waive the reading of Resolution No. 2000-42, there Motion carried. being ample copies available to the public. All ayes. MOTION by Hunter, second by Szurek, to adopt Resolution No. 2000-42, 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 Susan Loewenthal regarding rental property at 1407- Motion carried. 1409 Circle Terrace Boulevard NE. All ayes. RESOLUTION 2000-42 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN SUSAN LOEWENTHAL RESIDENTIAL RENTAL LICENSE HELD BY (HEREINAFTER "LICENSE HOLDER"). WHEREAS , LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 1407-1409 CIRCLE TERRACE BOULEVARD NE , COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS , PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION OCTOBER 27, 1999 CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON OF A PUBLIC NOVEMBER 8, 1999 HEARING TO BE HELD ON . NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT August 24, 1998 1.That on, the Columbia Heights City Council voted to revoke the license held by Susan Loewenthal for failure to correct Housing Maintenance Code violations. See Resolution 98-76. 2.That on October 9, 1998, Assistant Chief Alexon conducted a license reinstatement inspection and noted that seven violations remained uncorrected. A letter was written and sent to the special conservator and to Mr. Claude Loewenthal (Owner’s son) detailing the violations that need to be corrected and the time table for correction. Three exterior items were given extension until June 1, 1999 to be corrected. 3.That on January 27, 1999, Matt Field and John Larkin, inspectors for the City of Columbia Heights, noted that two of the violations that were not granted extensions remained uncorrected. It was decided by the inspection office that these two exterior violations would be granted extensions due to the time of the year and that they would be rechecked when the four other violations were to be reinspected on June 1, 1999. City Council Agenda May 8, 2000 Page 7 4.That on June 2, 1999, Rich Hinrichs, inspector for the City of Columbia Heights, noted that six violations still remained uncorrected. Compliance orders listing the violations were mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. 5.That on July 8, 1999, Rich Hinrichs, inspector for the City of Columbia Heights, noted that the six violations still remained uncorrected. Compliance orders listing the violations were mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. 6.That on August 10, 1999, Rich Hinrichs, inspector for the City of Columbia Heights, noted that the six violations still remained uncorrected. Compliance orders listing the violations were mailed by certified mail to the owner of the property at the address listed on the Rental Housing License Application. 7.That on September 3, 1999, Gary Gorman and Rich Hinrichs, inspectors for the City of Columbia Heights, noted that the six violations remained uncorrected. Inspector Gorman took photographs of the remaining violations. 8.That on September 3, 1999, Rich Hinrichs, inspector for the City of Columbia Heights, noted that one exterior violation still remained uncorrected. Compliance orders listing the violations were mailed by certified mail to the owner of the property at the address listed on the Rental Housing License Application. 9.That on September 28, 1999, the Columbia Heights City Council held a public hearing and a Rental Housing License revocation hearing at the regularly scheduled City Council meeting that evening. The action the City Council took on the revocation of the rental housing license of the aforementioned property was to table any action until the October 25, 1999 regular City Council meeting. This action would give the Owner’s son time to get some of the violations corrected. 10.That on October 25, 1999, the Columbia Heights City Council held a public hearing and a Rental Housing License revocation hearing at the regularly scheduled City Council meeting that evening. The action the City Council took on the revocation of the rental housing license of the aforementioned property was to table any action until the November 8, 1999 regular City Council meeting. This action would give the Owner’s son time to get some of the violations corrected. 11. That on November 8, 1999, the Columbia Heights City Council held a public hearing and a Rental Housing License revocation hearing at the regularly scheduled City Council meeting that evening. Five violations remained at the property and it was explained to the City Council that the property manager would not be able to complete the repair due to the weather/season. The action the City Council took on the revocation of the rental housing license of the aforementioned property was to table any action until the first City Council meeting in May of 2000. This action would give the Owner’s son time to get some of the violations corrected. 12.That based upon said records of the Enforcement Officer, the following conditions and violations of the City’s Housing Maintenance Code were found to exist, to-wit: A. FAILURE TO CORRECT VIOLATION OF THE HOUSING MAINTENANCE CODE 13.That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COUNCIL City Council Agenda May 8, 2000 Page 8 1407-1409 Circle Terrace Bvld NE 1.That the building located at is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 2.That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by License Holder. 3.That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL F3330 1.The rental license belonging to the License Holder described herein and identified by license number is hereby revoked; 2.The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3.All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed the 8th day of May, 2000 Motion by:Hunter Second by:Szurek Roll Call:All ayes City of Columbia Heights Gary L. Peterson, Mayor _______________________________ Patricia Muscovitz, Deputy City Clerk 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations 1.Replacement of Unit #24 GMC Dump Truck, Plow and Sander Kevin Hanson, Public Works Director, addressed the necessary replacements of a dump truck, which is over 15 years old, and the pot hole patcher, which is 13 years old. The new equipment will be purchased off the state bid list and will be under the estimated cost. The chassis of the potholer will be reused, and the old equipment will be advertised LMC Bulletin to other communities for sale. If they are not sold, items will be placed on the Hennepin County auction this fall. Hansen explained that a pot hole patcher keeps asphalt hot and is used routinely throughout the year by the street department. Jolly observed that street restoration is working and they are beginning to look better. City Council Agenda May 8, 2000 Page 9 MOTION by Jolly, second by Hunter, to purchase from the State of Minnesota Cooperative Purchasing Contract one (1)L8500 Sterling (Ford), single axle chassis from Boyer Trucks of Rogers, Minnesota, in the amount of $54,883.00 plus sales tax. Snow plow truck equipment, dump box, front plow, wing plow, underbody plow and sander from J-Craft Inc. of Kimball, Minnesota, in the amount of $41,243.00 plus sales tax and delivery. The total amount of the purchase is $96,126.00 plus sales tax and delivery will be made with funds from Capital Equipment Fund 431-32121-5150. Truck #24 and plow truck equipment will be disposed of at the Hennepin County Auction. Hoeft offered a friendly amendment: The truck is to be disposed of through the LCM publication or at the Motion carried. Hennepin County Auction. All ayes. 2.Replacement of Unit #35A, Thermolay Chassis Mounted Pothole Patcher MOTION by Jolly, second by Hunter to purchase from the State of Minnesota Cooperative Purchasing Contract: (1) new chassis mounted HD Industries Model TCM415-160 Patch Box, from Ruffridge-Johnson Equipment Co., Inc. of Minneapolis, Minnesota in the amount of $37,129.00 plus sales tax and delivery, with funds from Capital Equipment Fund 431-43121-5180. The truck is to be disposed of through the LCM Motion carried. publication or at the Hennepin County Auction. All ayes. C. Other Business th 1.Approve Variance at 819 49 Avenue NE, Case #2000-0511 Ken Anderson, Community Development Director, described the variance request for a three foot height variance and 824 square foot variance request. The current ordinance limits garages to 1,000 square feet, and this request would be 824 square feet over that limit. The ordinance requires a hardship for a variance to be allowed. He read the requirements for a hardship. It is Staff’s opinion that the height variance is agreeable, but the square footage variance be denied. The owner wants this approval to add room allowing boat storage and furniture refinishing area. Peterson indicated the Planning and Zoning Commission recommended approval of the request, as it is in the spirit and intent of the zoning ordinance. Anderson stated this is in a R-1 district which only allows one garage. This property already has two structures, but the existing garage is grandfathered in. Szurek stated the owner spoke with neighbors and they have no problem with this addition, and is not visible from an alley. The Planning and Zoning Commission stated they would rather allow the variance than have items stored outside, and recommended approval three votes aye to one vote nay. th Hunter asked if neighbors put this in writing. Richard Kinnan, 819 49 Avenue, produced the signatures of adjoining property owners. He answered that there would be a drive through to the addition. He was asked to give a copy to the secretary. Szurek stated this yard is 80' x 146', which is a larger lot, and would not loose water absorption because the structure. Hunter commented on the elevation difference. Kinnan indicated he is not making the entire structure two stories, but due to the topography of this lot, the structure is being built to minimize hauling in massive quantities of fill. Hoeft stated the opinion of neighbors is helpful, but policy should not be set on this, and typically an addition to a non-confirming building is not allowed. Jolly concurred with the City Attorney and with staff. He is fearful of setting a precedent. Anderson pointed out a similar variance near Silver Lake that was approved. He stated a hard surface driveway would not be required as the original garage already has one. City Council Agenda May 8, 2000 Page 10 Peterson stated this ordinance was initially put in place for aesthetics sake, and this would not be an issue on this site. Hunter does not have a problem with approval. Fehst referred to a previous situation which restricted the building to 1000 square feet, and under these provisions this person may have been allowed to come in and request a variance. Fehst suggested City Council may want to consider changing the ordinance, and checking the policies of other cities. Anderson stated this is very typical language and is similar to other communities. Jolly commended this resident for his concern on how his property is being kept, but wanted to stand by the ordinance we have. Kinnan indicated he would enter the top part of the addition through the existing garage, and would reside the entire unit as one structure. Kinnan stated that the additional space is two levels because of the topography, so technically the area is 824 square feet, but the base that will be covering the lot is actually only one-half this size. Peterson agreed and felt this was a 392 square foot variance. Hoeft stated it is not good policy to change an ordinance for a variance, the best approach is to change the ordinance first. Hunter asked that this be discussed at a work session. Fehst indicated any change in the ordinance would take until the end of the summer, and did not want to hold up Mr. Kinnan’s project. Anderson stated the ordinance was revised in 1996 to limited the size of accessory structures. Peterson stated that Columbia Heights has unique situations, and an ordinance cannot be written for every unique situation. Mel Collova, Building Official, stated the 1,000 square feet restriction comes from the building code. A structure can be 3,000 square feet but then must be divided into three rooms with fire walls. Peterson stated he is in favor of allowing Mr. Kinnan’s variance request, and discussing possible changes at a work session. Szurek stated this is a bigger lot and this addition should not create a problem for water run off. She felt we should look at, and address, the larger lots differently. MOTION by Szurek, second by Wyckoff, to approve the three foot height variance and th the 392 square foot variance at 819 49 Avenue NE because topography of the property creates a hardship and the proposal is consistent with the spirit and intent of the Columbia Heights Zoning Ordinance. Roll call vote: Szurek - yes, Jolly - no, Hunter - yes, Wyckoff Motion carried. - yes, Peterson - yes. (4 Yes, 1 No) 2.Resolution to adopt final plans for TH 47 Sound Wall Plan Revisions Hansen showed drawings and explained the background of MN/DOT’s sound wall proposal for the west side of th University Avenue, from 44 Avenue to the I694 interchange. He described recent changes to the plan which would place the wall about five or six feet off the back of the curb, or eight feet closer to the road way. MNDOT th held a public meeting on April 18, 2000. Hansen contacted seven property owners in this area, and only one was not in favor of the sound wall. MNDOT would maintain and remove snow on the University side, and residents or the Public Works Department will occasionally cut the grass on the alley side. Jolly suggested State Aid to assist in these maintenance charges. rd Karsten McCarthy, 4315 3 Street, questioned what will happen if MNDOT decides to modify the turn lanes and this wall is in the way. Hansen stated this would be MNDOT’s responsibility. MOTION by Wyckoff, second by Szurek, to waive the reading of the Resolution, there Motion carried. being ample copies available to the public. All ayes. City Council Agenda May 8, 2000 Page 11 MOTION by Wyckoff, second by Szurek, to adopt Resolution #2000-05 approving the final plans for the installation of a sound wall on the west side of TH 47, University thth Motion carried. Avenue, from 45 to 44 Avenues. All ayes. RESOLUTION NO. 2000-05 APPROVING PLANS PREPARED BY THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR THE INSTALLATION OF SOUND WALL ON THE WEST SIDE OF TH 47 THTH UNIVERSITY AVENUE, FROM 45 TO 44 AVENUES WHEREAS , the Minnesota Department of Transportation has prepared construction plans for the installation of thth noise walls along the west side of T.H. 47 from 44 Avenue to 45 Avenue in Columbia Heights, and; WHEREAS, the Minnesota Department of Transportation is scheduled to let the project in late June of 2000, and; WHEREAS , the Minnesota Department of Transportation will provide construction contract administration for the 2000 construction season, and WHEREAS, the Commissioner of Transportation requires a resolution from local municipalities approving the project plans. NOW, THEREFORE, BE IT RESOLVED , by the City Council of the City of Columbia Heights that the City of Columbia Heights approves the construction plans prepared by Mn/DOT bearing the general title State Project SP 0205-75. Dated this 8th day of May, 2000. Offered by:WyckoffCITY OF COLUMBIA HEIGHTS Seconded by:Szurek Roll Call:All ayes _____________________________________ Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk 2.Approve Appointment of Business Representative to Joint Community Task Force Jolly suggested Gerry Herringer be appointed as Business Representative to the Joint Community Task Force, and Szurek agreed. Wyckoff suggested Dave Holmgren. Peterson supported Herringer, and felt his level of expertise would be valuable to this Task Force. Wyckoff felt that Holmgren has a vested interest in our community. Szurek agreed, and would like to see Mr. Holmgren involved in other tasks, especially concerning the downtown area. MOTION by Jolly, second by Szurek, to appoint Gerry Herringer, as the Business Community Representative for Columbia Heights on the Joint Community Task Force. All Motion carried. ayes. City Council Agenda May 8, 2000 Page 12 8. ADMINISTRATIVE REPORTS A. Report of the City Manager Fehst stated he received a call from the Focus newspaper regarding the City Council’s request to place an ad welcoming them back into the community. They do not feel comfortable charging the city for this ad, and suggested this just be submitted as a Letter to the Editor. Fehst stated there will be an open house from 6:30 - 7:00 p.m., and a special Planning and Zoning Commission th meeting beginning at 7:00 p.m., on Tuesday, May 9, to review the Comprehensive Plan. The correct time of the th Sister City committee meeting is 9:30 a.m., on Tuesday, May 9, and will not conflict with this meeting. Fehst referred to the Heights Happening which was just delivered, and noted the portion on recycling and refuse. He stated that we have one of the best services in the metro area, and that BFI will virtually pick up anything. He told residents to contact BFI with any questions, or to arrange the pick up appliances, furniture, TVS, carpet, lawnmowers, or yard waste. He stated there are three levels of service available, and if residents have full service BFI will pick up everything. He encouraged residents to use this service. Fehst congratulated Carole Blowers, on being elected the President of Municipals, which is a tremendous operation and does wonders to build a network among communities. He also congratulated Chief Johnson on being elected to the Minnesota Police Chiefs Association Board of Directors. Fehst stated Shirley Barnes, Crest View Corporation, received the Exemplary Employers Award from Anoka County. Crest View Corporation is contracted to manage Parkview Villa. Fehst stated the City has Community Fix Up funding available. This program is being processed by the Center for Energy and Environment, and allows residents the opportunity to remodel cape cod or rambler homes with loans between 2% and 6%. B. Report of the City Attorney 9. GENERAL COUNCIL COMMUNICATIONS A.Minutes of Boards and Commissions 1)Meeting of the April 20, 2000, Telecommunications Commission 2)Meeting of the April 26, 2000, Park and Recreation Commission 3)Meeting of the May 2, 2000, Planning and Zoning Commission 4)Meeting of the May 1, 2000, 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.) Wyckoff introduced Mrs. Bedi, of Sahibs, and told her their license request was passed. Two students from Mr. Guluskas class introduced themselves. 11.ADJOURNMENT City Council Agenda May 8, 2000 Page 13 MOTION by Wyckoff, second by Szurek to adjourn the meeting at 8:55 p.m. _________________________________ Patricia Muscovitz, Deputy City Clerk