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HomeMy WebLinkAboutNovember 27, 2000OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING NOVEMBER 27, 2000 The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, November 27, 2000 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. 1. CALL TO ORDER/ROLL CALL The regular meeting of the City Council was called to order at 7:00 p.m. on Monday, November 27, th 2000 in the City Council Chambers, City Hall, 590 40 Avenue NE, Columbia Heights, Minnesota. Present: Councilmember Szurek, Councilmember Jolly, Councilmember Wyckoff, Councilmember 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.) MOTION A. by Wyckoff, second by Szurek, to approve Consent Agenda items as follows: 1) Minutes for Approval MOTION: Move to approve the minutes of the November 13, 2000, Regular City Council Meeting, and the November 20, 2000 Special Assessment Levy Hearing, as presented. 2) Establish Work Session Meeting Dates for December, 2000 MOTION: Move to establish Work Session meeting dates for Monday, December 4, 2000 following the Truth In Taxation Meeting, and Monday, December 18, 2000 beginning at 7:00 p.m. and a Budget Hearing meeting for Tuesday, November 28, 2000, at 7:00 p.m. 3) Authorize Clarification Revisions to Letter of Agreement for Legal Services Regarding Cable and Telecommunications MOTION: Authorize the Mayor and the City Manager to enter into a Letter of Agreement with Creighton, Bradley, and Guzzetta for legal services provided for cable and telecommunications matters. Walt Fehst, City Manager, indicated our Cable and Telecommunications Attorney left the previous firm to establish a new firm, and this re-establishes the Letter of Agreement under the new name. 4) Adopt Resolution 2000-84, Being a Resolution Regarding the Memorandum of City Council Minutes November 27, 2000 Page 2 of 19 Understanding between the City of Columbia Heights and the Public Managers’ Association, effective January 1, 2001 – December 31, 2003 RESOLUTION 2000-84 BEING A RESOLUTION REGARDING MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF COLUMBIA HEIGHTS AND THE PUBLIC MANAGERS ASSOCIATION == BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights that: WHEREAS, negotiations have proceeded between the Public Managers Association, representing = Division Heads of the City, and members of the City negotiating team, and said negotiations have resulted in a mutually acceptable Memorandum of Understanding for calendar years 2001, 2002, and 2003; WHEREAS, a copy of said Memorandum of Understanding will be made available for inspection at the Office of the City Manager and is made a part hereof by reference. NOW, THEREFORE, BE IT RESOLVED, that the Memorandum of Understanding as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 2001, 2002, and 2003 for the Public Managers Association bargaining unit employees of the City. = BE IT FURTHER RESOLVED that the Mayor and City Manager are hereby authorized to execute this agreement. th Passed this 27 day of November, 2000. Offered by: Wyckoff Seconded by: Szurek Roll Call: All ayes ____________________________________ Mayor Gary L. Peterson ______________________________________ Patricia Muscovitz, Deputy City Clerk MOTION: Move to waive the reading of Resolution No. 2000-84, there being ample copies available to the public. MOTION: Move to adopt Resolution 2000-84, Regarding the Memorandum of Under- standing between the City of Columbia Heights and the Public Managers’ Association, effective January 1, 2001 – December 31, 2003. 5) Adopt Resolution 2000-83, Being a Resolution Regarding the Labor Agreement between the City of Columbia Heights and the International Association of Firefighters, effective January 1, 2001 – December 31, 2003 RESOLUTION 2000-83 REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS City Council Minutes November 27, 2000 Page 3 of 19 AND INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 1216 WHEREAS, negotiations have proceeded between the International Association of Firefighters (IAFF), Local 1216, representing Firefighters of the City, and the Citys negotiating spokesperson, and said = negotiations have resulted in a mutually acceptable contract for calendar years 2001, 2002, and 2003; WHEREAS, a copy of said contract is available at the Office of the City Manager and is made a part hereof by reference; NOW, THEREFORE, BE IT RESOLVED that the contract agreement, as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 2001, 2002, and 2003 for IAFF bargaining unit employees of the City; and BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this agreement. th Passed this 27 day of November, 2000. Offered by: Wyckoff Seconded by: Szurek Roll Call: All ayes ________________________ Mayor Gary L. Peterson ________________________________ Patricia Muscovitz, Deputy City Clerk MOTION: Move to waive the reading of Resolution No. 2000-83, there being ample copies available to the public. MOTION: Move to adopt Resolution 2000-83, regarding the Labor Agreement between the City of Columbia Heights and the International Association of Firefighters, effective January 1, 2001 – December 31, 2003. Fehst stated both labor agreements are three-year agreements, with a 3.5 percent cost of living increase each year, and health insurance increases which fall into Council guidelines. 6) Authorize the Assistant Fire Chief to Attend the National Fire Academy MOTION: Move to authorize the Assistant Fire Chief to attend the National Fire Academy in Emmitsburg, Maryland from January 8, 2001, to January 19, 2001 and that expenses be reimbursed from the appropriate account. 7) Approve payment of Stipends for Participating Student & Teacher from 2000 School Based Partnership Grant MOTION: Move to approve the payment of the stipends for work performed by a student representative and a school representative to the Columbia Heights School District in the total amount of $6,502.06. These payments are to be made in two equal payments of $3,251.03 on the following dates: December 1, 2000, and June 6, 2001, with funding for this expense to come from the 1999 School Based Partnership Grant Fund No. 279-42100-3050. City Council Minutes November 27, 2000 Page 4 of 19 Fehst stated these two people will assist the Resources/Crime Analyst and are under the direction of Officer Mike McGee. 8) Authorize to accept Juvenile Accountability Block Grant from State MOTION: Authorize the Mayor and the City Manager to accept a grant from the State of Minnesota Department of Economic Security/Juvenile Accountability Incentive Block Grant in the amount of $9,874 with a match of $1,097, with the match to come from unexpended funds in the 2000 Police Department budget. Fehst stated some of these funds are for Project Safety Net, a program for youth curfew violators. This grant is ongoing for the last 5 or 6 years. 9) Approve changes in Joint Law Enforcement Council – Joint Powers Agreement MOTION: Move to approve the attached addendum to the Joint Law Enforcement Council, Joint Powers Agreement, which will allow for the inclusion of the cities of Centerville and St. Francis and allow for county representation through two representatives appointed by the Sheriff and two County Commissioners. 10) Approve Extension of GIS Range Rider Contract MOTION: Move to approve an extension to the GIS Joint Powers Agreement; and, authorize the Mayor and City Manager to enter into an agreement for the same. Fehst stated this includes maps often seen by Council. Map information is input by hand, one property at a time. We share a one-third of the cost with two other municipalities. 11) Authorize Final Payment for MSC concrete Floor Repair and Coating MOTION: Move to accept the work for MSC Concrete Floor Repairs and Coating, City Project #0016 and to authorize payment of $1,249.00 to TMI Coatings Inc. of St. Paul, Minnesota. 12) Establish Hearing Dates Re: License Revocation or Suspension of Rental Properties at th 4023 6 Street, 4055-4057 University Avenue, 1206-1208 Circle Terrace, and 4600 Polk Street. MOTION: Move to establish a Hearing Date of December 11, 2000, for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia th Heights against Renae Novak at 4023 6 Street. MOTION: Move to Establish a Hearing Date of December 11, 2000, for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Kwei Fang at 4055-4057 University Avenue. MOTION: Move to Establish a Hearing Date of December 11, 2000, for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against David Jacobs-Susan Loewenthal at 1206-1208 Circle Terrace. MOTION: Move to Establish a Hearing Date of December 11, 2000, for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Richard Lee at 4600 Polk Street. City Council Minutes November 27, 2000 Page 5 of 19 13) Approve Replacement of Unit #17, 1985 Ford C700 Water Flush Truck MOTION: Move to authorize staff to seek bids for one (1) new Cab-over Cargo Chassis and reconditioning of the existing water tank and flushing system. The estimated cost of $55,000 would be appropriated from Capital Equipment Replacement Fund #431-43121-5150. 14) Authorization to proceed with Purchase Agreements for 4542 Washington Street and nd 1307 42 Avenue as Recommended in the 1999 Storm Water Study MOTION: Move to authorize for Purchase Offers to be made for the Fair Market Value nd for 4542 Washington Street and 1307 42 Avenue NE as recommended by Wilson Development Services. Offers are being made on state and federal laws requiring fair market value at volunteer sale. We would remove homes and make storm water holding area. 15) Adopt Resolution 2000-85, for 2001 Seasonal and Temporary Wage Adjustments RESOLUTION 2000-85 ADOPTING CHANGES IN WAGE RANGES AND ESTABLISHING WAGES FOR TEMPORARY PART-TIME LIBRARY POSITIONS, SEASONAL PUBLIC WORKS POSITIONS, SEASONAL/TEMPORARY RECREATION POSITIONS, AND BIKE PATROL OFFICER WHEREAS, the City of Columbia Heights adopted a Wage Compensation Program for Non- Unionized City Employees effective January 1, 1980 (Resolution 80-47), which indicated that on an annual basis, changes will be adopted in Wage Ranges, based upon reliable survey data. NOW, THEREFORE, BE IT RESOLVED, that the City of Columbia Heights establishes wage ranges for non-unionized temporary part-time Library positions, seasonal Public Works positions, seasonal/temporary Recreation positions, and bike patrol officer, an indicated on Schedule I, II, III, and IV, which are on file in the office of the City Manager; and BE IT FURTHER RESOLVED that such schedules be effective January 1, 2001. th Passed this 27 day of November, 2000. Offered by: Wyckoff Seconded by: Szurek Roll Call: All ayes ____________________________________ Mayor Gary L. Peterson _______________________________________ Patricia Muscovitz, Deputy City Clerk MOTION: Move to waive the reading of Resolution No. 2000-85, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2000-85, adopting changes in wage ranges and establishing wages for seasonal and temporary employees for calendar year 2001. 16) Approve License Applications a. 2000 Business License City Council Minutes November 27, 2000 Page 6 of 19 b. 2001 Business License MOTION: Move to approve the items as listed on the business license agenda for November 27, 2000. 17) Adopt Resolution 2000-86, being a Resolution to Reimburse Certain Expenditures from the Proceeds of Bonds to be issued by the City RESOLUTION NO. 2000-86 DECLARING THE OFFICIAL INTENT OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY WHEREAS , the Internal Revenue Service has promulgated Treasury Regulations, Section 1.150-2, providing that proceeds of tax-exempt bonds used to reimburse prior expenditures will not be deemed spent unless certain requirements are met; and WHEREAS , an approximately 50-unit senior rental housing facility (the “Facility”) has been proposed to be constructed by Crest View, Crest View ONDC I, or a related entity (the “Borrower”); and WHEREAS , provided that nothing herein shall bind or limit the discretion of the City with regard to the Facility or the bonds that the City may issue in connection therewith, the City of Columbia Heights (the “City”) believes that the Facility, and the issuance of tax-exempt bonds to assist in financing the Facility, will be in the best interest of and advance the health, safety, and general welfare of the City and its residents; and WHEREAS , the City and the Borrower expect to incur certain expenditures which may be financed temporarily from sources other than bonds, and reimbursed from the proceeds of issuance of tax-exempt bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, AS FOLLOWS: 1. The City reasonably intends to make expenditures for the project described in Exhibit A (the "Project") and reasonably expects the expenditures by the Borrower for the Project, and reasonably intends to reimburse itself and the Borrower for such expenditures from the proceeds of debt to be issued by the City in the maximum principal amount described in Exhibit A. 2. The City Manager is authorized to designate appropriate additions to Exhibit A in circumstances where time is of the essence, and any such designation shall be reported to the City Council at the earliest practicable date and shall be filed with the official books and records of the City as provided in Section 3. 3. This resolution is intended to constitute a declaration of official intent for purposes of Treasury Regulations, Section 1.150-2 and any successor law, regulation, or ruling. Approved this 27th day of November, 2000. Offered by: Wyckoff Seconded by: Szurek Roll Call: All ayes City Council Minutes November 27, 2000 Page 7 of 19 ___________________________ Mayor Gary L. Peterson _______________________________________ Patricia Muscovitz, Deputy City Clerk MOTION: Move to Adopt Resolution 2000-86, Being a Resolution Declaring the Official Intent of the City of Columbia Heights, Minnesota to Reimburse Certain Expenditures From the Proceeds of Bonds to be issued by the City. Fehst stated this is based on legal review for “if and when” bonds are sold for the NEI Transition Block project, and would not come out of current expenditures. 18) Payment of Bills MOTION: Move to pay the bills as listed out of proper funds. Hunter questioned work on the Public Works building floor. Kevin Hansen, Public Works Director, stated the contractor would scuff the floor to eliminate the slippery problem. Wyckoff questioned #17, Proceeds of Bonds, if this obligates the City to anything. Fehst stated it does not. Bruce Nawrocki, 1255 Polk Place, asked the possible expenses covered by the bond sale, and how much it is anticipated to be. Ken Anderson, Community Development Director, stated the amount will not exceed $6 million and is only for senior housing. These are 501C3 bonds, which serve as conduit funding at no cost to the city, and are the responsibility of the developer. Fehst stated that all legal review is paid by the developer and the city will retain a percentage of the outstanding principal, with an estimated net profit of $60,000. All ayes. Motion carried . 5. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS A. Proclamations B. Presentations C. Introduction of New Employees Tina Foss, Clerk-Typist II - Recreation Department, was unable to attend. Brian Hachey, Assistant Liquor Operations Manager, introduced himself and thanked Council for this opportunity. D. Recognition 6. PUBLIC HEARINGS A. Close the Public Hearing for Revocation/Suspension of Rental Housing License at 4546 Tyler Street NE. Mayor Peterson closed the Public Hearing, as the property is in compliance with the Residential Maintenance Code. B. Close the Public Hearing for Revocation/Suspension of Rental Housing License at 1224-1226 Circle Terrace NE. City Council Minutes November 27, 2000 Page 8 of 19 Mayor Peterson closed the Public Hearing, as the property is in compliance with the Residential Maintenance Code. Paul Stein, 1226 Circle Terrace expressed concerns for maintenance code violations that are not corrected. Jolly asked him to bring this to the attention of the Fire Department personnel. Jim Hoeft, City Attorney, stated these are new issues coming forward and do not need to be addressed at this meeting. C. Consideration of Franchise Application Linda Magee, Assistant to the City Manager stated that on October 30 she received a request from Wide Open West to put their application on hold. The Telecommunications Commission reviewed and passed the request from Everest Connections. She asked Council to close the public hearing, place the application of Wide Open West on hold until they ask for their request to be readdressed, and find that Everest Connection Corporation is legally, technically, and financially qualified to construct and provide cable service to the City of Columbia Heights. Steve Guzzetta, Attorney, was present to answer questions. MOTION by Hunter, second by Jolly, to close the Public Hearing to consider the franchise All ayes. Motion applications of Wide Open West and Everest Connections Corporation. carried. MOTION by Hunter, second by Jolly, to place the franchise application of Wide Open West on temporary hold and to make no findings as to their legal, technical, and financial All ayes. Motion carried. qualifications . MOTION by Jolly, second by Szurek, to find that Everest Connections Corporation is legally, technically, and financially qualified to construct a cable system and provide cable service within the territorial limits of the City, and to direct staff and Creighton, Bradley, and Guzzetta All ayes. Motion carried. to proceed with negotiations of a cable franchise. D. Approve Resolution No. 2000-82, being a Resolution Establishing Restrictive Accounts for Excess Fire Pension Residual Assets and Adopting a Plan for the Expenditure of Such Assets MOTION by Jolly, second by Szurek, to waive the reading of Resolution No. 2000-82, there All ayes. Motion carried. being ample copies available to the public. MOTION by Jolly, second by Szurek, to adopt Resolution #2000-82, a resolution establishing restrictive accounts for excess fire pension residual assets and adopting a plan for the expenditure of such assets; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for purchase of a 2001 Ford Expedition, under State Consortium Bid, for a total of $46,254.01, plus any applicable tax and license fees, from North Central Ambulance Sales and Service of Lester Prairie, Minnesota. Charles Thompson, Fire Chief, stated that in 1999, Chapter 22 of the Omnibus Retirement Bill, entitled the Fire Department to residual funds of approximately $678,959, with requirements to hold a public hearing and to adopt a plan for the funds.$46,254.01, plus tax and license fees were earmarked to purchase a SUV, which was removed from the 2001 budget. The remaining fund will be placed in the capital outlay fund for major equipment, City Council Minutes November 27, 2000 Page 9 of 19 and building improvements. Bruce Nawrocki felt some of these funds should be used to reduce property tax, and toward the general fund for Fire operations. Thompson stated PERA gave specific examples for uses and did not include operating budgets. All ayes. Motion carried . RESOLUTION 2000-82 BEING A RESOLUTION ESTABLISHING RESTRICTIVE ACCOUNTS FOR EXCESS FIRE PENSION RESIDUAL ASSETS AND ADOPTING A PLAN FOR THE EXPENDITURE OF SUCH ASSETS WHEREAS , Minnesota Law 1999 Chapter 22, titled Omnibus Retirement Bill, has made substantial changes to public employee pensions in Minnesota, including the total merger of Columbia Heights Fire Pension Plan; and WHEREAS , one of these changes permits the return of the excess funding from the fire consolidation account to the local jurisdiction; and WHEREAS , the portion of excess funding available for return to the City of Columbia Heights is approximately $678,958, WHEREAS , the City of Columbia Heights has held an advertised public hearing on November 27, 2000, at which public hearing the proposed use of the fire residual assets were discussed and a spending plan approved. NOW THEREFORE BE IT RESOLVED that the City of Columbia Heights, Minnesota, adopts the following plan for the receipt and use of these excess fund assets. 1. The excess funds may be used to assist the Fire Department in the funding of the Fire Capital Outlay fund. 2. The excess funds may also be used to assist the Fire Department in funding the Purchase of a new SUV. th Dated this 27 Day of November, 2000 Offered by: Jolly Second by: Szurek Roll Call: All ayes ________________________ Mayor Gary L. Peterson __________________________ Patricia Muscovitz, Deputy City Clerk E. Federal Law Enforcement Block Grant for Equipment Purchase MOTION by Szurek, second Jolly, to waive the reading of Resolution No. 2000-81, there All ayes. Motion carried. being ample copies available to the public. City Council Minutes November 27, 2000 Page 10 of 19 MOTION by Szurek, second by Jolly, to adopt Resolution 2000-81, being a Resolution to Accept the U.S. Department of Justice Law Enforcement a Block Grant for $21,578 with a local match of $2,398, and approve the list of equipment to purchase with this grant. Tom Johnson, Police Chief, stated this block grant was accepted, with a local match to come from unexpended 2000 funds. A committee reviewed the list of items to purchase with the grant. Johnson read the list: gooseneck lights, 4 - 35mm cameras, storage units for the investigation area, two sets of MP5 night sights, shelving for range room, computer software for bar coding evidence, speed trailer, and CHPD hook up from laptops to main frame. All ayes. Motion carried. RESOLUTION NO. 2000-81 BEING A RESOLUTION ACCEPTING LAW ENFORCEMENT EQUIPMENT BLOCK GRANT AND APPROPRIATIONS MATCHING FUNDS WHEREAS, the City of Columbia Heights Police Department has been granted $21,578 in an equipment block grant from the U.S. Department of Justice for the purpose of funding equipment, and WHEREAS, a condition of the grant is that the City provides $2,398 in local match for this grant, and WHEREAS, the City of Columbia Heights Police Department has provided the U.S. Department of Justice a proposal for implementation of funding this grant, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Columbia Heights that: 1. The City of Columbia Heights enter into a cooperative agreement with the U.S. Department of Justice for the project entitled “Local Law Enforcement Equipment Block Grant Program: for the period October 1, 1999, to September 30, 2001”. 2. That $2,398 be appropriated from unexpended funds in the Police Department 2000 budget to pay the local match. th Passed this 27 day of November, 2000 Offered by: Szurek Seconded by: Jolly Roll call: All ayes __________________________ Mayor Gary L. Peterson _____________________________ Patricia Muscovitz, Deputy City Clerk F. Emergency Ordinance No. 1427, being an Ordinance for an Extension of the Moratorium on the Placement, Construction, and Modification of Towers and Wireless Telecommunications Facilities from December 7, 2000 to March 30, 2001 MOTION by Wyckoff, second by Szurek, to waive the reading of Ordinance No. 1427, there being ample copies available to the public. All ayes, carried. MOTION Wyckoff, second by Szurek, to approve Emergency Ordinance 1427, being an Emergency Ordinance of the Columbia Heights City Council for extension of the moratorium City Council Minutes November 27, 2000 Page 11 of 19 on the placement, construction, and modification of towers and wireless telecommunications facilities within the City of Columbia Heights from December 7, 2000 to March 30, 2001. Peterson stated this Ordinance would be in place until the tower ordinance was approved. All ayes. Motion carried. EMERGENCY ORDINANCE 1427 BEING AN ORDINANCE OF THE COLUMBIA HEIGHTS CITY COUNCIL FOR AN EXTENSION OF THE MORATORIUM ON THE PLACEMENT, CONSTRUCTION, AND MODIFICATION OF TOWERS AND WIRELESS TELECOMMUNICATIONS FACILITIES WITHIN THE CITY OF COLUMBIA HEIGHTSFROM DECEMBER 7, 2000 TO MARCH 30, 2001. The City of Columbia Heights does Ordain: Section 1: WHEREAS , on February 8, 1996, Congress enacted the Federal Telecommunications Act of 1996, P.L. No. 104-104, to deregulate the telecommunications industry, providing a more competitive environment for wired and wireless telecommunication services in the United States; and, WHEREAS , increased competition in the market for wireless telecommunications services may create an increased demand for antenna sites on towers and other antenna support structures necessary for providing wireless service via existing and new technologies; and WHEREAS ; the Telecommunications Act of 1996 preserves the authority of the City to regulate the placement, construction, and modification of towers, antenna support structures, and wireless telecommunications facilities in order to protect the health, safety, and welfare of the public; and, WHEREAS , the Columbia Heights Zoning Ordinance currently allows public utility structures as a Conditional Use Permit in every zoning district within the City except for the I-2, Industrial District which does not allow public utility structures; and, WHEREAS , the City Council determines it is necessary to complete further research and analysis as to appropriate zoning and performance standards for towers and wireless telecommunications facilities within the City as identified within the proposed Tower Siting Ordinance, Ordinance Number 1427. Section 2: NOW, THEREFORE BE IT ORDAINED THAT in an effort to protect the health, safety, and welfare of the public the Columbia Heights City Council hereby imposes an extension to the moratorium on the placement, construction, and modification of towers and wireless telecommunications facilities within the City of Columbia Heights, with said moratorium commencing and effective December 7, 2000 through and including March 30, 2001 and recognizing said moratorium will effect only those applications for the placement, construction, and modification of towers and wireless telecommunications facilities submitted to the City after the date of adoption of this Ordinance. Section 3: This Ordinance shall be in full force and effect from and after December 7, 2000 and extending through and including March 30, 2001 or the effective date of the Tower Siting Ordinance, whichever occurs first. City Council Minutes November 27, 2000 Page 12 of 19 Offered by: Wyckoff Seconded by: Szurek Roll Call: All ayes _____________________________________ Mayor Gary L. Peterson _______________________________ Patricia Muscovitz, Deputy City Clerk G. Reconvene First Reading of Ordinance No. 1424, being an Ordinance Regulating the Zoning of Wireless Communications Towers and Wireless Communications Facilities (Tower Siting Ordinance) Peterson stated this item was previously tabled until more information could be received. Ken Henke, Telecommunication Commission, stated he met and discussed his questions with the attorney, and they were answered satisfactorily. He also asked if an owner of an existing tower increased the single capacity to co-users, would they be required to meet height and lot set-backs. Attorney Stephen Guzzetta stated the owner would have to go through the application process and meet all guidelines for the new request. Regarding noise levels, Henke’s research indicated the generator noise level would be comparable to that of an office setting. Wyckoff questioned fees. Guzzetta indicated the ordinance allows Council to set these fees. Anderson indicated there was amended language to the FCC admission standards to be included the ordinance. Guzzetta stated the portion on annual testing was deleted as this is covered by the FCC. MOTION by Hunter, second by Szurek, to waive the reading of Ordinance No. 1424, there All ayes. Motion carried. being ample copies available to the public. MOTION by Hunter, second by Szurek, to establish Monday, December 11, 2000, at approximately 7:00 p.m. as the second reading of Ordinance 1424, Columbia Heights Tower All ayes. Motion carried. Siting Ordinance. H. Second Reading of Ordinance No. 1425, Being an Ordinance amending Ordinance No. 853 City Code of 1977, vacating Certain Alleys and Easements within the NEI Transition Block MOTION by Szurek, second by Jolly, to waive the reading of Ordinance No. 1425, there being All ayes. Motion carried. ample copies available to the public. MOTION by Szurek, second by Wyckoff, to Approve Ordinance 1425, which is an Ordinance vacating certain alleys and easements for Northwest Addition, as the proposal is in compliance with the City Subdivision Requirements. Anderson displayed a copy of the final plat for the northwest addition, the proposed alley vacations and redirections, and easement vacations and rededication. There will not be changes to any private utility easements. He recommended approval as proposed. Szurek stated the Planning and Zoning Commission had concerns regarding the alley curves being big enough for large trucks to maneuver. Anderson stated this is contingent upon the City Council Minutes November 27, 2000 Page 13 of 19 City Engineer’s approval and may be modified. Jolly questioned fire truck access. Anderson stated our Fire Department has approved this plan. Anderson stated Outlot D snow removal is the responsibility of our Public Works Department. Bruce Nawrocki reemphasieds the merits of a Senior Assisted Living facility but felt the 22 affordable housing units were too much development in such limited space. There will not be adequate room for the children to play. There would not be enough parking for two vehicles per household, not considering recreational vehicles or guests. He referred to a letter from the Chief of Police regarding his concern for such high-density areas. Nawrocki referred to homes in this area having problems with sewer backups and felt the project should not go forward until these problems are solved. Also there will be no additional tax revenue from this area for 20 years because of TIF district. Nawrocki stated NEI should not be allowed exclusive rights to 44 street parking spaces, as they are non-profit and do not contribute taxes for maintenance. He felt the PUD agreement has a clause showing liability for the city to be sued for anything the developer feels the city has not complied with, and the developer has set up an entity to limit their liability. He suggested starting over and concentrating on the Senior Assisted Living units. He stated the City should work with Crest View Corporaton to give priority to Columbia Heights residents, to free up housing units to be available in the community for affordable housing. Hoeft recommended a friendly amendment to the motion stating: as the proposal is in compliance with the City subdivision and Engineering requirements and subject to the following conditions: 1) Recording of the approved final plat, 2) Approval of Rezoning from R-2 and CBD to R-4, multiple family district for the subject properties, and 3) Approval of the final planned unit development conditional use permit and agreement. All ayes. The maker and second to the motion were agreeable to the friendly amendment. Motion carried. ORDINANCE NO. 1425 BEING AN ORDINANCE AMENDING ORDINANCE NO.853 CITY CODE OF 1977, VACATING CERTAIN ALLEYS AND EASEMENTS The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights herewith vacates the public alleys over, across, and under the following described property, to wit: All of the alley adjacent to Lots 1 and 2, Block 38, COLUMBIA HEIGHTS ANNEX TO MINNEAPOLIS, ANOKA COUNTY, MINNESOTA, lying between the westerly extensions of the north line of said Lot 1 and the south line of said Lot 2; All of the alley adjacent to Lots 29 and 30, Block 39, COLUMBIA HEIGHTS ANNEX TO MINNEAPOLIS, ANOKA COUNTY, MINNESOTA, lying between the easterly extensions of the north line of said Lot 30 and the south line of said Lot 29. All of the drainage and utility easements on Lot 1, Block 2, NORTHWESTERN ADDITION as dedicated in said plat. City Council Minutes November 27, 2000 Page 14 of 19 Section 2: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: November 13, 2000 Second Reading: November 27, 2000 Date of Passage: November 27, 2000 Offered By: Szurek Seconded By: Wyckoff Roll Call: All ayes ______________________________ Mayor Gary L. Peterson _____________________________________ Patricia Muscovitz, Deputy City Clerk I. Approval of Second Reading of Ordinances No. 1411 and No. 1423, Being an Ordinance st Rezoning the properties at 825 41 Avenue, 4150 Central Avenue, 4156 Central Avenue, and 4157 Jackson Street from R-2 and CBD to R-4 Fehst suggested having a redevelopment agreement in hand before rezoning property. Hoeft stated the rezoning could be made contingent on approval of the Developers Agreement. Fehst discussed affordable versus market rate housing. He does not like to restricting parking, but felt this was necessary to negotiate the project, and stated NEI already uses this area for parking. Keith Jans, Real Estate Equities stated any delays would cause difficulties for the project. th Fehst stated the redevelopment agreement would be discussed on December 11 by the EDA. Anderson stated the basic structure of the development agreement and the TIF plan are in place, with some final details to be completed. Hoeft commented that if the property was rezoned and the project did not go forward, the area could be rezoned back to the original zoning. Any Councilmember voting affirmative can recall this Ordinance in the 30 days before it takes affect. Anderson stated that the Comprehensive Plan indicates this type of area should be medium density, as it is a transition area between low-density residential and high-density commercial. MOTION by Hunter, second by Szurek, to waive the reading of Ordinance No. 1423, there All ayes. Motion carried being ample copies available to the public. . MOTION by Hunter, second by Szurek, to Approve Ordinance No. 1423, which is an Ordinance rezoning 4157 Jackson Street from R-2 (single and two-family residential) to R-4, (multiple family residential), as the rezoning is consistent with the City Comprehensive Plan. th David Toms, 4045 Van Buren Street, suggested if there are plans to redo the area of 40 and Central that the City begin to purchase property including areas for additional parking. Fehst stated this was only a beginning plan, subject to much change depending on funds and more extensive planning. All ayes. Motion carried. City Council Minutes November 27, 2000 Page 15 of 19 ORDINANCE NO. 1423 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO THE REZONING OF CERTAIN PROPERTY Section 1: That certain property legally described as Lots 29 and 30, Block 39, Columbia Heights Annex to Minneapolis Section 2: To authorize and direct staff to amend the official zoning map to reflect the change in zoning from R-2, One and Two Family Residential District, to R-4, Multiple Family Residential District, upon the effective date of said ordinance. Section 3: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: November 13, 2000 Second Reading: November 27, 2000 Date of Passage: November 27, 2000 Offered by: Hunter Seconded by: Szurek Roll Call: All ayes _____________________ Mayor Gary L. Peterson ____________________________ Patricia Muscovitz, Deputy City Clerk MOTION by Szurek, second by Jolly, to waive the reading of Ordinance No. 1411, there All ayes. Motion carried being ample copies available to the public. . MOTION by Szurek, second by Jolly, to approve Ordinance #1411, which is an ordinance st rezoning 825 41 Avenue from R-2 (single and two-family residential) to R-4 (multi-family residential), and rezoning of 4150 Central Avenue NE, and 4156 Central Avenue NE from CBD (Central Business District) to R-4 (multi-family residential), as the rezoning is consistent All ayes. Motion carried. with the City Comprehensive Plan. ORDINANCE NO. 1411 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO THE REZONING OF CERTAIN PROPERTY Section 1: That certain property legally described as Lot 1, Block 2, Northwestern Addition. Section 2: To authorize and direct staff to amend the official zoning map to reflect the change in zoning from R-2, One and Two Family Residential District, to R-4, Multiple Family Residential District, upon the effective date of said ordinance. Section 3: That certain property legally described as Lot 2 and the south 11 feet of Lot 1, Block 38, Columbia Heights Annex to Minneapolis. Section 4: To authorize and direct staff to amend the official zoning map to reflect the change in zoning City Council Minutes November 27, 2000 Page 16 of 19 from CBD, Central Business District, to R-4, Multiple Family Residential District, upon the effective date of said ordinance. Section 5: That certain property legally described as Lot 2, except the south 11 feet, Block 38, Columbia Heights Annex to Minneapolis. Section 6: To authorize and direct staff to amend the official zoning map to reflect the change in zoning from CBD, Central Business District, to R-4, Multiple Family Residential District, upon the effective date of said ordinance. Section 7: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: June 26, 2000 Second Reading: November 27, 2000 Date of Passage: November 27, 2000 Offered by: Szurek Seconded by: Jolly Roll Call: All ayes ____________________________ Mayor Gary L. Peterson ________________________________ Patricia Muscovitz, Deputy City Clerk J. Second Reading of Ordinance No. 1426, Being an Ordinance designating Permit Parking Only st on 41 Avenue NE (N.E.I. College of Technology) MOTION by Hunter, second by Szurek, to waive the reading of Ordinance No. 1426, there All ayes. Motion carried. being ample copies available to the public. MOTION by Hunter, second by Szurek, to Approve Ordinance No. 1426, Being an Ordinance designating permit parking from 7:00 a.m. to 3:00 p.m., Monday through Friday, except st holidays, on the north side of 41 Avenue from Quincy Street to the alley west of Central st Avenue and on the south side of 41 Avenue from Jackson Street to the alley west of Central nd Avenue and on the east side of Jackson Street south of 42 Avenue N.E. Wyckoff indicated she would not vote to approve this permit parking. She wants the project to go through, but felt it will be too dense and wants it toned down. She felt policing these permits would be a problem. Chief Johnson indicated problems would be addressed by complaint. He stated the Police Department does not want to be involved in the issuance of these permits. Anderson stated NEI already issues parking stickers and would be able to issue the street st parking permits. The permits would be for 11 spaces on Jackson Street, and 33 spaces on 41 Street, only between the hours of 7 am and 3 pm. The proposed PUD would be modified to reflect this. The permit process would be reviewed by the Police Department prior to the initial issuance. City Council Minutes November 27, 2000 Page 17 of 19 Chuck Dettmann, President of NEI College of Technology, was concerned that any vehicle ticketed be dealt with immediately. Hoeft stated the Police Department would only monitor this site as they do any other area of the City. Chief Johnson indicated State Statutes prohibit towing if parked under a specific number of hours. Discussion included the current number of students and future plans. Szurek addressed problem of students parking on other residential streets, and litter problems. She stated that if their parking lot was fully utilized and the student population raised she would be willing to re-address this issue. Joyce Shellito, felt there would be insufficient parking for the assisted senior living. She questioned the entrances and exits. Jans gave a history on the parking issue. He indicated three open parking spaces have been designated next to Central Avenue for commercial parking. Upon Roll Call: Szurek – nay, Jolly – aye, Wyckoff – nay, Hunter – aye, Peterson – aye. Motion carried . ORDINANCE 1426 BEING AN ORDINANCE DESIGNATING PERMIT PARKING ONLY FROM 7:00 A.M. TO 3:00 ST P.M., MONDAY THROUGH FRIDAY, EXCEPT HOLIDAYS ON 41 AVENUE N.E. AND ST JACKSON STREET N.E. ADJACENT TO 825 41 AVENUE N.E. (N.E.I. COLLEGE OF TECHNOLOGY). The City of Columbia Heights does ordain: Section 1 : Parking shall be designated by permit parking only, 7:00 A.M. to 3:00 P.M., Monday through st Friday, except holidays, on the north side of 41 Avenue N.E. from Quincy Street N.E. to the alley west of st Central Avenue N.E. consisting of eighteen (18) parallel parking spaces, on the south side of 41 Avenue N.E. from Jackson Street N.E. to the alley west of Central Avenue N.E. consisting of fifteen (15) parallel parking nd spaces, and on the east side of Jackson Street N.E. south of 42 Avenue N.E. consisting of eleven (11) parking spaces. Section 2: The provisions of the Columbia Heights City Code,Section 7.205 (1) which reads “No person shall park a vehicle in his custody or control in any one place upon any street or roadway for a continuous period longer than six (6) hours...” shall not be applicable during the hours of 7:00 A.M. to 3:00 P.M., st Monday through Friday, except holidays, on the north and south sides of 41 Avenue N.E. between Quincy nd Street N.E. and the alley west of Central Avenue N.E. and the east side of Jackson Street N.E. south of 42 Avenue N.E. Section 3: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: November 13, 2000 Second Reading: November 27, 2000 Date of Passage: November 27, 2000 Offered by: Hunter City Council Minutes November 27, 2000 Page 18 of 19 Seconded by: Szurek Roll Call: Szurek – nay, Jolly – aye, Wyckoff – nay, Hunter – aye, Peterson – aye. Aye – 3, Nay – 2. Motion carried. _________________________________ Mayor Gary L. Peterson ___________________________________ Patricia Muscovitz, Deputy City Clerk 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations C. Other Business 1. Approval of Conditional Use Permit Case #2000-0408, Final Planned Unit Development for construction of a 50- unit senior assisted living building and 22 affordable rental townhome units. MOTION by Jolly, second by Szurek, to approve the Conditional Use Permit for the st Final Planned Unit Development and accompanying PUD Agreement at 825 41 Avenue NE, 4150 Central Avenue NE, 4157 Jackson Street NE, and 4156 Central Avenue NE, subject to the following conditions: 1. City Council adoption of Ordinances 1411 and 1423, rezoning the subject properties to R-4, Multiple Family Residential District. 2. City Council adoption of Parking Ordinance #1426, to allow for 44 NEI only on-street Parking spaces. 3. Directional changes in the public alley shall be clearly signed and marked, and a traffic impact barrier and guardrail shall be provided at the point where the alley turns away from Central Avenue to travel around the proposed senior building, as well as a fence erected along the alley abutting Outlot B for safety measures. 4. All engineered plans and specifications are subject to City Engineer review and approval. 5. The turning radius at the corner of the 14 foot wide alley intersection with the 23 foot wide alley (Outlot D) is subject to City Engineer review and approval. 6. Landscape materials and plantings must be guaranteed to survive a minimum of two years. Replacement plantings to be installed at the sole expense of the developer in accordance with the approved landscaping plan. 7. Successful negotiation and approval of a development agreement(s) between the applicant and the Columbia Heights Economic Development Authority/City of Columbia Heights. Anderson requested several additions to the recommended motion, at the request of the Planning and Zoning Commission: Item #6, Replacement plantings must be installed in a reasonable timeline at the sole expense of the developer in accordance with the approved landscaping plan. Item #8 Modification of the PUD Agreement amending Section 3B on page 10 to reflect that NEI and the City of Columbia Heights mutually accept a permit issuance system for on street parking submitted to the Police Department for administrative approval. City Council Minutes November 27, 2000 Page 19 of 19 Ron Clark, owner of the retail center that backs up to the alley, voiced his concern regarding delivery trucks and semi’s being able to negotiate the turns in this alley. Hansen stated the City Engineer would review the alley turns. The alley turns accommodates a 40 foot single axel truck. Clark suggested relocating two parking spaces to redesign these turns. Hansen has asked the developer to redesign to alley turns to the standard for a 65 foot trailer. Hoeft responded to the resident comment that this agreement would protect the developer from any lawsuits while opening the City for litigation. He stated this portion of the agreement was deleted and clarified to indicate relief of the City could only be by writ of mandamus or injunction of mandamus Upon vote: Szurek – aye, Jolly – aye, Wyckoff – nay, Hunter – aye, Peterson – aye. Motion carried. 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 October 17, 2000, Economic Development Authority 2) Meeting of the November 1, 2000, Library Board of Trustees 3) Meeting of the November 6, 2000, Traffic Commission 4) Meeting of the November 16, 2000 Telecommunications Commission 5) Meeting of the November 8, 2000 Planning and Zoning Commission 6) Meeting of the October 25, 2000 Park and Recreation Commission Peterson invited everyone to dedication of the new Habitat for Humanity home this Saturday, at 10:00 thndrd a.m., on 4 Street between 42 and 43Avenue to welcome our new residents. 10. CITIZENS FORUM No comments were received. 11. ADJOURNMENT Mayor Peterson adjourned the meeting at 9:54 pm. ______________________________ Patricia Muscovitz, Deputy City Clerk