HomeMy WebLinkAboutApril 9, 2001
OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS CITY COUNCIL
REGULAR COUNCIL MEETING
APRIL 9, 2001
The regular meeting of the City Council was called to order at 7:10 p.m. on Monday, April 9, 2001 in the City
Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota.
CALL TO ORDER/ROLL CALL
Present: Councilmember Szurek, Wyckoff, Nawrocki, and Mayor Peterson. Councilmember Williams arrived at
7:40 p.m.
PLEDGE OF ALLEGIANCE
ADDITIONS/DELETIONS TO MEETING AGENDA
Nawrocki requested that the second reading of Ordinance #1428, Zoning and Development Ordinance be
removed from the agenda, to allow for further discussion by the Council and so that more information can be
made available to the public. Fehst stated information would be included in the City Newsletter, which will be
sent to the printer in a few weeks. Nawrocki stated changes discussed at the work session meeting should be
made as amendments. Peterson indicated that the Planning and Zoning Commission Chairman would like to
see this reading of the Ordinance proceed.
Tom Ramsdell, Planning and Zoning Commission Chairperson, informed Council of the time spent and
meetings that were held over the last two years, dedicated to the revision of the Zoning and Development
Ordinance. He stated that there was also a public open house and a joint meeting with the City Council to
explain revisions and answer questions. Nawrocki expressed concern that Council fully understand the
proposed ordinance.
Jim Hoeft, City Attorney, indicated Council could take action, table, or remove this item from the agenda.
Nawrocki suggested holding additional work sessions for discussion, and that a zoning map be made available
to the public at City Hall and at the Library. He suggested that residents present be allowed to make comments
at this meeting.
Staff indicated that a sign up sheet was available if residents present wished to personally be invited to
additional work sessions discussing the proposed ordinance. Hoeft stated this would technically remove the
Ordinance from the agenda, but could be discussed on the citizens forum.
CONSENT AGENDA
A) MOTION by Nawrocki, second by Szurek, to remove item #5, correct the minutes of March 19, 2001,
and to approve the Consent Agenda items as follows:
1) Minutes for Approval
a) Motion to approve the minutes of the March 26, 2001, regular City Council meeting as
presented.
b) Motion to approve the April 2, 2001 Board of Review meeting as presented.
c) Motion to approve the March 19, 2001 Zone 5 Public Improvement Hearing, as presented.
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Nawrocki corrected page 3, item D, paragraph 4, to include the word “to if ”.
City Council Minutes
April 9, 2001
Page 2 of 8
2) Establish Work Session Meeting Date for Monday, April 16, 2001 and cancel Joint School Board
meeting of April 18, 2001
Motion to establish a Work Session meeting date for Monday, April 16, 2001 at 8:00 p.m. in the City
Hall Conference Room 1; and cancel the joint meeting of the School Board, and Councils from the
cities of Fridley, Hilltop and Columbia Heights for Wednesday, April 18, 2001.
Fehst stated the date of April 18 was not acceptable to either the City of Fridley or the School
District.
Fehst listed proposed work session items for April 16, 2001:
Transfer funds for review of the School Based Partnership Grant
Purchase of Speed trailer
Transfer Police Overtime funds
Transfer quarterly payment for store security, to Police fund
Grant application to National Fire Administration - asking for up to $22,100
Replacement of lawn mower
Replacement of 15 year old dump truck and plow
Consideration of bus benches and news stands ordinance- this is modeled after the St. Paul ordinance
Changing support company for document imaging system
Wireless computer connections to Parkview Villa, Library, and Liquor store
Phone system upgrade for caller ID
Commercial package insurance renewal
Consider purchase of lots in Columbia Heights
Discuss bond issue for water and sewer improvements
Nawrocki asked that this meeting be held at 8:00 p.m. instead of 7:00 p.m. Peterson stated he had no
problem starting later, but that the 10:30 curfew would remain. Wyckoff and Szurek agreed.
Motion by Nawrocki to set April 30, 2001 at 7:00 p.m. to discuss the proposed Zoning and
Motion carried
Development Ordinance. Second by Szurek. All ayes. .
3) Authorize contract with Phil Suckerman for Transitional Liquor Management Services
Motion to authorize the Mayor and City Manager to enter into a consulting contract with Phil
Suckerman for consulting services at an hourly rate of $100 per hour with the total hours not to
exceed 150 hours and to pay transportation, meal and lodging expenses related to the contract.
Nawrocki asked if there was a “not to exceed amount” on expenses. Fehst stated these costs would
be limited to “reasonable”.
4) Authorize payment to the Municipal Beverage Association to oppose legislation allowing the sale of
wine in grocery stores.
Motion to authorize the payment of $10,000 to the Minnesota Municipal Beverage Association as
dues to oppose legislation allowing the sale of wine in grocery stores.
5) Establish Hearing Date regarding License Revocation or Suspension of Rental Properties at 4032
Van Buren Street NE - Removed
6) Approve Rental Housing License Applications
Motion to approve the items listed for rental housing license applications for April 9, 2001.
City Council Minutes
April 9, 2001
Page 3 of 8
Nawrocki indicated item F-4675 did not list an address.
7) Approve Business License Applications
Motion to approve the items as listed on the business license agenda for April 9, 2001.
8) Approve Payment of Bills
Motion to pay the bills, as listed, out of the proper fund.
Nawrocki stated he changed his mind and would now like to have the detailed list of the bills.
Peterson requested all Council members and the meeting room packet get a copy of the detailed bill
list.
Upon vote: Williams, aye; Szurek, aye, Wyckoff, aye; Nawrocki, aye; and Peterson aye. All ayes.
Motion carried.
Item #5 Establish Hearing Date regarding License Revocation or Suspension of Rental Properties at
4032 Van Buren Street NE
Nawrocki stated he previously asked for more information as to why each hearing was called. Fehst
stated that Council majority felt this information would be available when and if a hearing were
held.
Williams arrived at 7:40 p.m.
Peterson stated that by establishing a hearing date the owner almost always completes the
requirements; and if the hearing is held, violations and history of the property are listed and
discussed. Peterson had no desire to change this format. Wyckoff wished to respect the privacy of
these people, and suggested contacting Dana Alexon, Assistant Fire Chief for additional information
requests. Szurek stated her trust in the Inspections Department and their knowledge of the licensing
code. Williams agreed.
Nawrocki indicated the responsibility of knowing why the hearing was being called. He requested a
few short sentences describing the reasons would be sufficient. Fehst indicated staff could get this
information to Council member Nawrocki in advance of the meeting.
Motion by Williams, second by Szurek, to establish a Hearing Date of April 23, 2001 for revocation or
suspension of a License to operate a Rental Property within the City of Columbia Heights against Scot
Owens at 4032 Van Buren Street. Upon roll call vote: Williams, aye; Szurek, aye; Wyckoff, aye; Nawrocki
Motion carried.
nay; and Peterson aye. 4 ayes, 1 nay,
PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS
Proclamations - none
Presentations:
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Malcolm Watson, 1717 49 Avenue NE, past City Manager, stated April 10, was his 50 anniversary of
beginning work with the City of Columbia Heights. He started in the Engineering Department. He gave
a brief history of Columbia Heights. At that time, the population was 8,000. The post war population
grew to over 24,000. Land acquisitions in 1954 and 1955 brought the town to its current limits. He
explained the installation of oversized utilities, looking to the future growth of the town. He was City
Manager from August 1957 to August 1977. He listed many of the employees at that time. Watson gave
information on Hilltop and Keyes Park. He thanked everyone for the memories.
City Council Minutes
April 9, 2001
Page 4 of 8
Mayor Peterson thanked Mr. Watson.
Mayor Peterson moved the Citizen Forum portion of the meeting up so residents could make comments
on the proposed Zoning and Development Ordinance.
CITIZENS FORUM
Fehst indicated that some residents thought this Ordinance would change the zoning of their property.
He stated there would not be any zoning changes on any residential property.
Nawrocki questioned if the land uses and the zoning map in the Comprehensive Plan were consistent
with the existing zoning in the city. Tim Johnson, City Planner, stated the Comprehensive Plan
designates future land uses. Nawrocki stated that State Statutes mandate that the Comprehensive Plan
take precedence over the land uses as interpreted in a zoning ordinance. Hoeft summarized what the
State Statute covers. Johnson felt both the proposed ordinance and the Comprehensive Plan are
consistent, however, there are situations that are grandfathered in. Nawrocki questioned how the Master
Plan fit into this. Fehst stated that, with direction from Council, the Master Plan has been sent back to
committee.
Joe Wolney, 542 Summit Street, was concerned that his property was zoned R-3, as he thought it was R-
2, and asked for the definition of R-3. He was concerned that the integrity of neighborhoods would be
degraded by classification of R-3. Fehst stated, for clarification, that none of the properties in town have
been rezoned, and are the same as 1974.
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Peterson indicated a work session would be held on April 30 at 7:00 p.m. for further input.
Wolney questioned the process to up-zone his neighborhood. Johnson stated the process includes filing
an application, which goes before the Planning and Zoning Commission to determine if the area is
improperly zoned. Hoeft indicated the rezoning process will not change from the old to the new
ordinance. Nawrocki stated that usually a petition is received from the neighborhood.
Joyce Shellito, 403 Summit Street, questioned when this property went from R-2 to R-3. Johnson will
research if there was a change.
Tom Crotty, 3964 Van Buren, asked if there were still plans to move City Hall. Fehst stated that at this
time there is not. Crotty was upset that the proposed Master Plan would be revised to allow higher
densities. Nawrocki asked if Council adopted a Master Plan. Fehst stated that it was adopted in
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concept, but suspended the portion of up-zoning 40 Avenue for higher densities. Nawrocki questioned
if the Met Council has approved our Comprehensive Plan. Fehst stated that they still have concerns on
the Rice Creek Watershed.
Douglas Franzen, 4246 Quincy Street, stated the Library copy of the Comprehensive Plan is a draft.
Fehst stated that is the same copy submitted to the Met Council for approval. Franzen also stated that
copies of the ordinances at the Library are not up to date. Fehst stated this is because the City Code is
currently being revised. He indicated that when the City Code is revised and approved, it would also be
available at the Library and on the City’s web page.
Lisa Fischer, 3977 Quincy, questioned the Met Council requiring more affordable housing in the
Comprehensive Plan. Johnson indicated that the Comprehensive Plan is a 10 to 20 year projection of
appropriate uses of land, and the Met Council reviews the plans to see that all surrounding communities
fit together and address transportation needs.
City Council Minutes
April 9, 2001
Page 5 of 8
Wyckoff pointed out that the proposed ordinance would make it easier for residents to build a double
car garage on small lots and prohibit pole buildings like the one presently at the Merit Siding location.
Clark Smith, 411 Summit Street, was concerned that the Met Council could force more affordable
housing in areas such as his that are zoned R-3. Hoeft stated that the Met Council does not set housing
standards, but a private entity could submit a plan for consideration. Hoeft indicated that the proposed
Zoning Ordinance does not rezone any property, but if property owners want to initiate rezoning they
can do so. Peterson pointed out that there are several multiple homes in this area now, and if the zoning
were changed that these building would become non-conforming.
Nawrocki gave the history of the Met Council’s involvement with housing and their technical expertise
used to assist communities. Williams thanked the residents for their comments. Peterson stated that all
residents are encouraged to get involved with all planning processes by attending public meetings or
joining planning committees.
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Harold Hoium,4321 5 Street, stated that last Tuesday the City Hall doors were locked before the
Planning and Zoning meeting, and he called the Police Department to open them. Peterson stated that
was the correct thing to do. Fehst will research the problem.
B) Introduction of New Employees
1) John Nordlund was not present and will be introduced at the next meeting.
C) Recognition
PUBLIC HEARINGS
Second reading of Ordinance No. 1428, being an Ordinance amending Ordinance No. 818 pertaining to Zoning
and Development - Removed from the agenda by Mayor Peterson.
ITEMS FOR CONSIDERATION
Other Ordinances and Resolutions - none
Bid Considerations - none
Other Business
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1) Conditional Use Permit Case #2000-0406, 508 40 Avenue NE.
Johnson indicated this Conditional Use Permit is to allow a second floor living space, and listed
conditions applicable to this specific situation. Johnson stated the unit is not currently licensed and
has been occupied for several months.
Discussion included a small area behind the building which is not paved, and whom the property
belonged to. Hoeft indicated the City has been unable to determine who the owner of this area is,
and therefore, has been unable to require any specific party to pave it. However, the apartment
claims prescriptive easement rights. Peterson would like this brought into compliance as soon as
possible and requested that Kevin Hansen, Public Works Director, determine the cost to complete
the unpaved portion and complete the project within six months.
Johnson read the requirements to approve the Conditional Use Permit, and gave the reasons for
each. The Planning and Zoning Commission’s intention was to send a clear message that the site
needs to be cleaned up and maintained.
Harold Hoium requested removal of the retaining wall so wheelchairs can pass and to allow room
for snow removal. Hoeft indicated the Public Works Department should research if this wall
encroaches on the public right-of-way.
City Council Minutes
April 9, 2001
Page 6 of 8
Hoeft explained that if the owner wants to rent the second floor apartment, the pole barn would have
to be demolished, but if they choose not to rent the apartment they would not have to remove the pole
barn. Hoeft stated the owner appeared willing to remove the pole barn.
Hoeft stated the 500 Club is closed for financial reasons.
Motion by Szurek, second by Wyckoff, to approve the conditional use permit to allow a dwelling
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unit on the second floor of the building at 508 40 Avenue NE, subject to that all listed conditions
will be met:
1. All required State and local codes, permits, licenses and inspections shall be met and in full
compliance.
2. At no time shall any space directly associated with the dwelling unit occupy the first floor of the
building. This shall include, but not be limited to kitchens, restrooms, and bedrooms.
3. The two off-street parking spaces provided shall be striped and signed in a manner that is
consistent with applicable regulations and shall be provided with bumper curbing. Any future
commercial use in the lower floor space shall also provide additional legal striped parking to
meet the requirements for future use of the building.
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4. The fence in the front of the property facing 40 Avenue shall be repaired.
5. Railings shall be installed on the two back porch landings to meet building code.
6. Second stairwell on back porch shall be installed for a clear exit to parking lot.
7. Siding and window trim on the entire building shall be finished.
8. Entire property shall be cleaned up and properly maintained on a regular basis.
9. Pole Structure on property shall be torn down.
10. Large hole in paved parking area shall be filled in.
11. All stated conditions shall be met within 30 days of formal approval or the conditional use permit
shall be revoked.
Motion carried.
Upon vote: All ayes.
ADMINISTRATIVE REPORTS
Report of the City Manager
Fehst thanked the owners of the Heights Theater for sponsoring the Library’s Children Services
fundraiser, which raised $675. Peterson and Wyckoff gave welcoming presentations at this event.
Fehst stated he has contacted the County Administrative Assistant to offer the use of Murzyn Hall for a
City and Township Officials meeting.
Fehst indicated that due to Mayor Peterson’s request, information was received from the Light Sources
Committee regarding organ donation. He will get copies to the Council.
Fehst indicated he is still waiting to hear from Jim McComb regarding his services for a market
feasibility study.
The MN League of Cities annual conference will be held June 19 through 22, 2001 in Duluth.
The Second Annual Mayor’s Prayer Breakfast is scheduled for Tuesday, May 15, 7:00 a.m. to 8:45 a.m.
Fehst indicated the Central Avenue road improvement project would be rescheduled to begin in 2002.
Approval of Mn/DOT Departments and purchasing required right-of-ways has required more time than
City Council Minutes
April 9, 2001
Page 7 of 8
anticipated, and it would be beneficial to accept bids at the end of this year rather than prime
construction season.
Fehst stated that Mark Nagel, has been hired to assist in the Community Development Department for
12 hours per week at $22 per hour, with no benefits, as a temporary/provisional employee.
Harold Hoium encouraged residents to fill out and return the survey received from Senator Chaudhary.
Report of the City Attorney – none.
GENERAL COUNCIL COMMUNICATIONS
Peterson acknowledged Minutes of the following Boards and Commissions:
Public Library Board of Trustees meeting of March 6, 2001.
Economic Development Authority meeting of February 20, 2001
Housing & Redevelopment Authority Special meeting of September 25, 2000
Library Board of Trustees meeting of April 3, 2001
Wyckoff provided information on the International Movie Festival to be held at the Heights Theater. She
also stated that yard waste would now be picked up at the curb. Wyckoff commented positively on the
brochure mailed to residents in the northeast quadrant of the city regarding residential maintenance
codes and inspections soon to begin. Wyckoff stated that the Pastor of First Lutheran Church has asked
how members can become more active in our community. She suggested the clean up of a City park.
Nawrocki provided information on the annual Lions Pancake Breakfast to be held April 22, 2001, from
8:00 a.m. to noon at Murzyn Hall. Proceeds support youth activities in our city. Also, on April 29, the
Columbia Heights Old-timers reunion will be held from 2:00 p.m. to 6:00 p.m.
Nawrocki referred to a statement made at the February 26th Council meeting indicating the Police and
Fire Civil Service Commission appointment made was a three-year term. The appointment was to fulfill
a term that will expire next year. Incorrect information was not received from Mary Dugdale, Police
Secretary regarding the term, as was indicated in a memo he received. He also stated that State Statute
requires the Chairperson to be the member whose term expires that year.
Nawrocki commented on a letter received from Real Estate Equities, referring to a resident’s letter
regarding property they developed in St. Paul. He took offense to their comments, as Columbia Heights
residents are encouraged to contact Council members with their comments.
Nawrocki indicated that at a previous Council meeting he misspoke and was called to task by several
residents regarding politics and friendships. He did not agree with the process used to appoint the
Police and Fire Civil Service Commissioner.
Nawrocki stated that his comments at the last Council meeting regarding the cultural diversity event
were not meant to reflect poorly on the good job of organizing the event done by Council member
Wyckoff.
Mayor Peterson asked the youth present to introduce themselves.
ADJOURNMENT
Mayor Peterson wished everyone a Happy Easter and asked that in this time of rebirth, that residents take pride
in cleaning up our community.
City Council Minutes
April 9, 2001
Page 8 of 8
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A resident requested that homes on University, between 40 and 41be notified to clean up their yards.
Peterson indicated letters are being sent to businesses suggesting a clean up of properties. Williams stated that
he picks up litter he comes across and suggested others do this also.
Nawrocki referred to the brochure distributed by the Fire Department regarding the Housing Maintenance
Code, to the area of the City that will be inspected this year. He suggested this information be included in the
City newsletter. Peterson suggested an article regarding clean up, be submitted to the Focus or Northeaster
newspapers. Fehst stated a letter is being mailed to businesses and residents affected by the delay of the Central
Avenue construction project. A letter regarding sprucing up properties will be included.
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Doug Franzen asked if the potholes at 37 and Central could be filled in.
Joyce Shellito praised the “Taste of Heights”.
Mayor Peterson adjourned the meeting at 10:28 p.m.
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Patricia Muscovitz, Deputy City Clerk