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HomeMy WebLinkAbout02/13/2012 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY, FEBRUARY 13, 2012 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m., Monday, February 13, 2012 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Invocation by Pastor Dan Thompson, Columbia Heights Assembly of God Church Present: Mayor Peterson, Council member, Williams, Council member Nawrocki, Council member Diehm, Council member Schmitt PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA Nawrocki requested to add discussion of a letter regarding the City web site map. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. ILander presents a Columbia Heights documentary -by Hannan Minhas Peterson spoke of a student documentary called "Why I love Columbia Heights" by Hannan Minhas. He was invited to the meeting for a showing of his documentary. Minhas spoke of his interest in computers and living in the United States. When he was introduced to you-tube his interest turned to making videos through ILander. The video was shown and Mayor Peterson presented Minhas with a Certificate of Appreciation. CONSENT AGENDA City Manager Walt Fehst took Council members through the consent agenda items. A. Approve City Council meeting minutes Motion to approve the minutes of the January 18, 2012 Seal Coat Hearing. Motion to approve the minutes of the January 18, 2012 Street Rehab Hearing. Motion to approve the minutes of the January 23, 2012 City Council meeting. B. Accept minutes of the Boards and Commissions Motion to accept the January 4, 2012 minutes of the Library Board. Motion to accept the October 20, 2011 minutes of the Charter Commission. Motion to accept the February 8, 2012 minutes of the Planning and Zoning Commission. C. Approve 2012 Council/Staff Liaison Assignments Motion to approve the 2012 Council/Staff Liaison Assignments. Fehst stated that these will not change from 2011. He listed the liaison positions. D. Approve Gambling Permits, Immaculate Conception Church: Bingo Event on March 24, 2012 and Fun Fest on August 10, 11 and 12, 2012 Motion to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a gambling permit for Immaculate Conception Church to conduct bingo and raffles at their event being held March 24, 2012 at 4030 Jackson Street NE, Columbia Heights; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing body. City Council Minutes Monday,February 13,2012 Page 2 of 8 Motion to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a gambling permit for Immaculate Conception Church to conduct bingo, raffles and pull-tabs at their Fun Fest event being held August 10, 11 and 12, 2012 at 4030 Jackson Street NE, Columbia Heights; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing body. E. Adopt Resolution 2012-15,being a Resolution to agree to the subordination of the City Mortgage to Summit Mortgage in the amount of$117,160. Motion to waive the reading of Resolution 2012-15 there being ample copies available to the public. Motion to adopt Resolution 2012-15, being a Resolution to agree to the subordination of the City Mortgage to Summit Mortgage in the amount of$117,160. Fehst stated that our lien would be the first. This was a grant from Anoka County to improve the house. Nawrocki questioned the difference in the amount of the loan in the documents. Fehst stated the amount of work was $5,000 and the loan was $2,000. Scott Clark, Community Development Director, stated the Single Family Deferred Loan program was approved by Council. This goes with the property until the time of the sale at a two percent interest rate. F. Approve the Business License Applications Motion to approve the items as listed on the business license agenda for February 13, 2012 as presented. G. Approval of attached list of rental housing applications. Motion to approve the items listed for rental housing license applications for February 13, 2012 in that they have met the requirements of the Property Maintenance Code. H. Review payment of the bills Motion that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has received the list of claims paid covering check number 142200 through 142483 in the amount of $3,013,089.50. Motion by Nawrocki, second by Williams, to approve the Consent Agenda items. Deb Johnson, 4626 Pierce Street, questioned how 4625 Pierce, which is in the name of Fannie Mae, can be a rental property. If there is a problem, where do you go? Clark stated there is a specific contact for the license on the application. Johnson stated that a vacant house on Fillmore Street flooded and is quite a mess. Nothing has been done. Clark stated that that property is abandoned and vacant. The license was revoked and it will have to pass re-inspection prior to being occupied. Nawrocki questioned why the water was not shut off at the meter. Fehst stated that the resident just walked away from the house. Upon vote, All Ayes. Motion carried. PUBLIC HEARINGS A. Liquor Application for Columbia Grill at 4005 Central Ave Clark gave the liquor license revocation history for the Star Bar. The owner did not reopen the business, and the shopping center has looked for someone to take over the business. The current City Council Minutes Monday,February 13,2012 Page 3 of 8 request by Lee Laadahl includes refurbishment of the business. Mr. Laadahl did some work there on occasion, but is not affiliated with the past owner. Staff met with him regarding the city's expectations. He has been involved in the restaurant business since 1974 and there was a clear background check completed. Nawrocki questioned if they can afford the requirements for external cameras and how much of the parking lot will they be required to cover? Clark stated this is a partial list of requirements that the Star Bar had for language. We want a camera that shows the area in front of the business. Requirements are at the Council's discretion. This would give a minimum level of security to assist with the reputation of the prior business. Clark stated that this is the only facility in our city that has a liquor license as a bar, and does not include a restaurant. Nawrocki referred to complaints from Parkview Villa regarding noise from the business. Clark stated those concerns and considerations were discussed. Schmitt questioned the security person walking the parking lot and cameras. She suggested that the security person stay at the door. Williams commented on Laadahl's 38 year background in the field and stated that he is aware of possible problems. Schmitt indicated the desire to remove requirement number two and asked to hear from the applicant. Laadahl stated the requirement was due to the Police Department's concern. There will be security and the door will be covered. He agreed that the parking lot has to be addressed. Fehst questioned the status of the current charitable gambling group at this location. It is his understanding that they have not renewed their pennit since October of 2009 and they need to be a local organization of not less than ten years. Peterson stated that they were a local organization,but since moved out of Columbia Heights. Jim Hoeft, City Attorney, stated that is a question we are not prepared to answer at this time. Nawrocki stated that several organizations left this business because of theft problems. Schmitt again questions who would walk the parking lot for security. Hoeft stated that the intent is that"someone" check the parking lot. Motion by Nawrocki, second by Williams, to approve a Liquor License for Laadahl LLC at 4005 Central Avenue per conditions as stated on Attachment A, dated February 13, 2012 and entitle "Conditions for Approval of Liquor License for Laadahl LLC-4005 Central Ave". Upon vote: all ayes. Motion carried. B. Adopt Resolution 2012-016 being Resolution for the Approval of a Conditional Use Permit for a minor automobile repair facility at 836—40th Avenue NE. Jeff Sargent, City Planner, stated that Tybang Ttransmission is requesting a Conditional Use Permit. Staff did have some concerns, as this is along 40`h Avenue and does not meet our land use goals. It is zoned properly for this use. A neighbor indicated concern regarding alley congestion. One resident stated that it is a business and should be allowed to be a business. There are 13 conditions attached to the permit. Nawrocki stated his agreement with the recommendations. He is not for creating new plans for this area. We need to be concerned about the number of vehicles there will be at this location as he City Council Minutes Monday,February 13,2012 Page 4 of 8 visited their business on 42nd and Central and there were an excessive number of vehicles. They should not use 40th Avenue or Jackson Street for parking. Sargent stated that this concern was discussed. There will be no more than one vehicle outside waiting for repair. Our conditions require vehicles to be repaired must be located inside a building. There is room inside for four vehicles. The requirements are to protect the current residential neighborhood. We do not want inoperable vehicles located outside of the facility. Peterson stated that they understand the restrictions. Motion by Williams, second by Schmitt, to waive the reading of Resolution 2012-016, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Schmitt, to adopt Resolution No. 2012-016, approving the Conditional Use Permit for a minor automobile repair facility located at 836—40th Avenue NE, subject to the conditions outlined in Resolution No. 2012-016. Schmitt questioned item #6 regarding keeping the garage door closed as that is an unreasonable expectation in the summer. Sargent showed an aerial picture of the location. The doors would have to remain closed if they are working on a vehicle, being aware of the noise from the business. Peterson wished him success in his endeavor. Schmitt questioned his feeling regarding having the door closed during their operation. The owner indicated it would be very uncomfortable. Schmitt stated that is highly restrictive. Diehm questioned if the bay noise would be directed at the residential area. Schmitt stated this is only one bay door. Diehm stated that if this is a problem, the owner could request a review. It would be more difficult to add the restriction at a later time. Schmitt asked Williams if Auto World is allowed to keep their doors open. Williams stated yes. Nawrocki stated that the Auto World doors do not face a residential area. Peterson stated he felt this would be self-regulating. Sargent stated that these conditions are not monitored every day and are for allowing action if complaints are received. Upon vote: Schmitt, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes, 1 nay. Motion carried. ITEMS FOR CONSIDERATION - A. Other Ordinances and Resolutions - none B. Bid Considerations - none C. New Business and Reports Nawrocki questioned that Parkview Villa checking accounts do not receive interest at Northeast Bank. He indicated banks that do pay interest on checking accounts. He requested that staff speak to the bank. Nawrocki reported on meetings he attended; the Chamber meeting on January 20th with the Governor and Legislators and the NorthStar meeting on February 2nd ADMINISTRATIVE REPORTS Report of the City Manager Fehst stated that Aeon will meet with Parkview Villa residents regarding the disposition of the property. The current Property Manager, Laura Shiek, will be leaving and Jennifer Eels will be the interim manager. The CD Block Grant Home fund grant was turned down by Anoka County. These funds have been reduced substantially each year. Eon has applied prematurely. We will reapply next January. City Council Minutes Monday,February 13,2012 Page 5 of 8 Nawrocki again indicated that there are trash containers by many shelters along Central Avenue and that there needs to be a container placed at 47th and Central. Nawrocki referred to a letter from Rebecca Dixson, a Girl Scout leader, indicated that the city map on our web site does not show the location of the current police and fire station. They requested that information be updated. Report of the City Attorney—nothing to report. CITIZENS FORUM Kathy Brown, PO Box 17371 Lot 215, St. Paul, MN 55117-0370, indicated she had a sump pump malfunction at her Columbia Heights home. She indicated she is disabled and needed to move things from her home for repairs and was issued a citation for outside storage. She moved the items back into the home and in December rented a Pod to place the items in while repairing the home. She stated that she called the city for instructions on the POD. She stated that she called the Public Works Department and Jeff Sargent, City Planner. Sargent indicated to her that she could have a storage pod for six months. It was delivered on December 3, 2011. In February she received notice to remove the pod as it is limited to 30 days. She received a call from Assistant Fire Chief John Larkin indicating she could keep the Pod until February 29th. She stated she was told she could have it for six months. Brown stated she has left a message for the City Attorney and spoke to the Mayor about this. Fehst stated his understanding she spoke to Sargent who thought the time limit might be six months, but she was directed to contact the Fire Department, which handles the property maintenance regulations. Complaints are received if Pods remain more than sixty days. Fehst stated that Larkin gave her an extension until the end of the month. We have cited other properties for this and do not want to set a precedent. She stated that she recorded the phone call. Fehst requested that Brown call him and play the recording of the phone call. Diehm stated City policy to not make decisions during Citizens Forum and encouraged staff to work with Ms. Brown. Brown referred to a citation received for her classic vehicle, which she felt was unjust. She stated that she needs help, not citations. Fehst stated his intention is to follow the property maintenance policy. COUNCIL CORNER Peterson stated there was a gentleman's agreement to try Council Corner again. He requested Council members keep their comments to five minutes. Schmitt stated that tomorrow night is St. Timothy's free community dinner from 5:30 to 6:30 p.m. Empty Bowls will be held on March 29th at Murzyn Hall to support our local food shelf On February 18th, Kathy Kelly, Superintendent of Schools, will receive a VH1 Administrator Award for musical education. Fehst stated that some of the equipment is from the tax exempt trust of the Columbia Heights Activity Fund. Williams wished everyone a nice Valentine's Day tomorrow. Williams spoke to Ms. Brown and sympathized with her and apologized for the incorrect citation on her antique car. He stated that he received a complaint that city hall is now locked up. City Council Minutes Monday,February 13,2012 Page 6 of 8 Diehm stated her pleasure with presence tonight of the high school student with his video. The ILander web site is impressive with high quality stories. She encouraged everyone to look at it. Diehm stated that March is food shelf awareness month and encouraged everyone to attend the SACA events. She listed statistics from the food shelf and encouraged support of our local food shelf. Nawrocki stated that over $100,000 was spent on City Hall security and now people cannot even enter through the 40th Avenue door. We have gone overboard in security. We have three liquor stores that do not have this kind of security. He indicated he still wants infolination on the Library Citizens Task Force and Citizens Academy. He attended the first two meetings, but the third meeting place was changed and he was not informed. Nawrocki again requested liquor store profit information. He requested to have utility rate increase information in the newsletter, but it was not included. Nawrocki stated that the City Manager was gone on vacation without giving Council the information that he was leaving. It is imperative that the manager give this information in case of an emergency. Peterson indicated that Council Corner will end. Diehm stated the City Manager is entitled to take time off and that Council members have his cell phone number and he can be reached wherever he is. Peterson stated "Don't forget our service men and women, don't take ourselves too seriously, and do a random act of kindness. ADJOURNMENT Peterson adjourned the meeting at 8:57 p.m. atricia Muscovitz CMC ., ity Clerk/Council cretary Resolution 2012-15 City of Columbia Heights resolution to agree to the subordination of the city mortgage to summit mortgage for property at 4932 6th street in the amount of$117,160. Recitals WHEREAS, the City is the owner and holder of a mortgage currently encumbering the property located at 4932 6th Street,dated May 28,2008 and recorded July 30,2008 as Anoka County Registrar of Titles Document No.495761.003 in the original amount of$2,838.50;and, WHEREAS, Summit Mortgage is the owner and holder of a Mortgage given by Ryan Palmer, as Mortgagor, currently encumbering the property,dated November 18,2011, recorded December 5,2011,as Anoka County Registrar of Titles Document No. 506475.006; and, WHEREAS, Summit Mortgage has requested that the City subordinate the City Mortgage to the Summit Mortgage; and, WHEREAS,the City has agreed to subordinate the City Mortgage to the Summit Mortgage. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Columbia Heights as follows: City Council Minutes Monday,February 13,2012 Page 7 of 8 1. The City hereby covenants and agrees that the City Mortgage shall be considered,and in all respects shall be, subordinate to the Summit Mortgage and any extensions or renewals of the Summit Mortgage;provided,however, that the amount of this subordination shall not exceed the amount of indebtedness outstanding under the Summit Mortgage of$117, 160.00, with interest thereon as provided in Summit's promissory note,together with all other costs or expenses advanced pursuant to the terms of Summit Mortgage or Summit's promissory note. 2. The City Council authorizes and directs staff to take all actions and execute any documents necessary to carry out the intent of this resolution. RESOLUTION NO. 2012-016 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR TYBANG TRANSMISSION TO ALLOW A MINOR AUTOMOBILE REPAIR BUSINESS IN THE CENTRAL BUSINESS DISTRICT IN THE CITY OF COLUMBIA HEIGHTS,MINNESOTA WHEREAS,a proposal(Case#2012-0201) has been submitted by Tybang Transmission to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 836—40th Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.110(F)(3)(c),to allow a minor automobile repair business in the CBD,Central Business District at 836—40`h Avenue NE. WHEREAS,the Planning Commission has held a public hearing as required by the city Zoning Code on February 8, 2012; WHEREAS,the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use permit upon the health, safety,and welfare of the community and its Comprehensive Plan,as well as any concerns related to compatibility of uses,traffic,property values, light,air,danger of fire,and risk to public safety in the surrounding areas; and NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal,that the City Council accepts and adopts the following findings of the Planning Commission: 1. The use is one of the conditional uses listed for the zoning district in which the property is located,or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed,operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6.The use and property upon which the use is located are adequately served by essential public facilities and services. 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. 8. The use will not cause a negative cumulative effect,when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER,BE IT RESOLVED,that the attached conditions,maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one(1)calendar year after the approval date,subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. Due to the change of occupancy of the building,the building will have to be fitted with a fire-suppression sprinkler system prior to the tenant operating the business. This item requires a separate building permit from the city. 2. The party wall,as well as the wall separating the shop area from the offices, will have to be fire-rated to meet minimum requirements. This item requires a separate building permit from the city. 3. Should the tenant wish to continue to store the dumpster outdoors,a masonry enclosure must be constructed to meet minimum code requirements. City Council Minutes Monday,February 13,2012 Page 8 of 8 4. If over 3 vehicles are stored within the building,a flammable liquids trap will have to be installed meeting minimum code requirements. 5. If the tenant utilizes the parking area in the back of the property,proper parking stalls must be designated and striped accordingly. 6. During business hours when work is being performed on vehicles,the garage service door must remain closed at all times with the exception of moving the vehicles in and out of the service bay. 7. All vehicles waiting for repair or pick-up shall be stored within an enclosed building or in designated off-street parking spaces. No cars waiting for repair or pick-up shall be stored on 40th Avenue. 8. All work shall be performed within a completely enclosed building. 9. All vehicles parked or store on-site shall display a current license plate with a current license tab. Outside storage of automobile parts or storage of inoperable or salvage vehicles shall be prohibited. 10. The sale of vehicles shall be prohibited,unless allowed by conditional use. 11. The use shall employ best management practices regarding the venting or odors,gas and fumes. Such vents shall be located a minimum of ten feet above grade and shall be directed away from residential uses. All storage tanks shall be equipped with vapor-tight fittings to eliminate the escape of gas vapors. 12. Any newly-installed rooftop equipment must be screened from view from adjacent properties. 13. An environmental management plan,including a storm water management and drainage plan, shall be submitted and approved to address the impact of the facility on the environment.