HomeMy WebLinkAboutMay 29, 2001
OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS CITY COUNCIL
REGULAR COUNCIL MEETING
MAY 29, 2001
The following are the minutes for the regular City Council meeting held at 7:00 p.m. on Tuesday, May 29, 2001
in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota.
CALL TO ORDER/ROLL CALL
Present: Councilmember Williams, Councilmember Szurek, Councilmember Wyckoff, Councilmember
Nawrocki, and Mayor Peterson
PLEDGE OF ALLEGIANCE
ADDITIONS/DELETIONS TO MEETING AGENDA
Walt Fehst, City Manager, indicated that Item 6-C-1 be deleted, as the Variance Request for 3954 Arthur
Street was withdrawn by Mr. Richard Abraham.
CONSENT AGENDA
Items No. 1, 2, and 8 – Removed for further discussion.
MOTION
A) by Nawrocki, second by Szurek to approve the Consent Agenda Items as follows, with the
exception of Items No. 1, 2, and 8, and note acceptance to waive the fee of $500 for the Columbia
Heights Lions Club liquor sales application.
1) Minutes for Approval - Removed
2) Establish Work Session Meeting Dates for Monday, June 4 and Monday, June 18, 2001 at 7:00 p.m.
-Removed
3) Award bid for 2001 Jamboree Fireworks
Motion to award the bid for the 2001 fireworks display to Melrose Pyrotechnics Inc. of Cedar Lake,
MN based on their qualified, responsible bid in the amount of $6,000, with $3,000 appropriated from
fund 101-45050-4378; and furthermore to authorize the Mayor and City Manager to enter into an
agreement for the same.
Nawrocki questioned the amount of donations received at this point. Fehst indicated requests have
been send to past donors.
4) Accept Bid for Replacement of Scoreboard on Huset Park Ballfield #5
Motion to award the purchase of a scoreboard to be installed at Huset Park Ballfield #5 to Color Sign
systems based on their low, qualified, responsible bid in the amount of $4,568.00 with funds to be
appropriated from account 881-45001-5180; and furthermore to authorize the Mayor and City
Manager to enter into an agreement for the same.
Fehst stated the previous bids were not comparable, but these new bids are for equal specifications.
City Council Minutes
May 29, 2001
Page 2 of 16
5) Approve Transfer of Funds from General Fund to Police Department budget to Reimburse Overtime
Fund
Motion to transfer $3,330, the total amount received from Unique Thrift Store, the CHASE program,
Central Middle School and Columbia Heights High School for off duty security worked, from the
General Fund to the Police Department budget under line 1020, Police Overtime.
6) Authorize Purchase of Laser Speed Guns from Capital Improvement Fund
Motion to authorize the purchase of two Ultralyte 100 LTI laser speed guns at a cost of $3,420 each
plus tax, with funding to come from the 2001 Capital Equipment Replacement Fund; and
furthermore to authorize the Mayor and City Manager to enter into an agreement for the same.
7) Adopt Resolution No. 2001-34, being a resolution requesting removal of the hazardous structure
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located at 4356 N.E. 5 Street
Motion to waive the reading of Resolution No. 2001-34, there being ample copies available to the
public.
Motion to adopt Resolution No. 2001-34, being a Resolution requesting removal of the hazardous
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structure located at 4356 N.E. 5 Street; and that the Structure/Building be razed and the lot graded
for future development.
RESOLUTION NO. 2001-34
RESOLUTION OF THE CITY COUNCIL FROM THE CITY OF COLUMBIA HEIGHTS REQUESTING
REMOVAL OF HAZARDOUS STRUCTURE LOCATED AT: 4356 N.E. 5th Street, Columbia Heights,
Minnesota, PIN # 35-30-24-21-0122, LOT 1, BLOCK 1, REARRANGEMENT OF BLOCK B OF COLUMBIA
HEIGHTS ANNEX TO MPLS, ANOKA COUNTY, MN.
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WHEREAS,
there is a substandard building 4356 N.E. 5 Street which has been dilapidated, substandard and abandoned
for a period longer than 12 months, and
WHEREAS,
Minnesota Statute 463.15 to 463.26 authorizes municipalities to address hazardous and substandard
structures and properties, and
WHEREAS,
the City of Columbia Heights finds this property to be hazardous based on the following code violations as
contained in the Finds of Fact:
FINDINGS OF FACT
Dangerous Building Definitions Chapter 3 of the 1994 Uniform Code for the Abatement of Dangerous Buildings:
302(9) Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for
which it is being used.
302(11) Whenever the building or structure, exclusive of the foundation, shows 33 percent or more damage or
deterioration of its supporting members, or 50 percent damage or deterioration of its non supporting members, enclosing
or outside walls or coverings.
302(12) Whenever the building or structure has been so damaged by fire, wind, or flood, or has become so dilapidated or
deteriorated as to become (i) an attractive nuisance to children; (ii) a harbor for vagrants, criminals, or immoral persons;
or as to (iii) enable persons to resort thereto for the purpose of committing unlawful or immoral acts.
302(17) Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common
law or in equity jurisprudence.
City Council Minutes
May 29, 2001
Page 3 of 16
302(18) Whenever any portion of a building or structure remains on a site after the demolition or destruction of the
building or structure or whenever any building or structure is abandoned for a period in excess of six months so as to
constitute such building or portion thereof an attractive nuisance or hazard to the public.
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THEREFORE, BE IT RESOLVED
on the Building Officials conclusions that, the structures at 4356 5Street NE are
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substandard and seriously deteriorated, that they lack minimum standards for habitable space per 1995 MN State Building
Code and 1994 Uniform Code for the Abatement of Dangerous Buildings, and the Building Official is recommending the
structures be removed, and the lot be graded eliminating the need for a retaining wall.
Conclusions of Council
That all relevant parties have been duly notified of this action.
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That the structure on the property at 4356 N.E. 5 Street is hazardous and in violation of many local, state and national
code requirements.
That the structure can not be rehabilitated to bring them into compliance with local, state and national code requirements.
Order of Council
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1. The structure at 4356 N.E. 5 Street, Columbia Heights, Minnesota, is a hazardous building pursuant to Minn.
Stat. 463.152, 463.616.
2. The City Council further orders that personal property or fixtures that may unreasonably interfere with the razing
and removal of the structures shall be removed within thirty (30) days, and if not so removed by the owner, the
City of Columbia Heights may remove and sell such personal property and fixtures at public auction in
accordance with law.
3. The City Council further orders that unless such corrective action is taken or an answer is filed in the office of the
Court Administration of the District Court of Anoka County, Minnesota, within twenty (20) days from the date of
the service of this order, a motion for summary enforcement of this order will be made to the District Court of
Anoka County.
4. The City Council further orders that if the City is compelled to take any correction action herein, all necessary
costs expended by the City will be assessed against the real estate concerned, and collected in accordance with
Minn. Stat. 463.22.
5. The mayor, the clerk, city attorney and other officers and employees of the City are authorized and directed to take
such action, prepare, sign and serve such papers as are necessary to comply with this order, and to assess the cost
thereof against the real estate described above for collection, along with taxes.
Passed this 29th day of May, 2001.
Offered by: Nawrocki
Seconded by: Szurek
Roll Call: All ayes
____________________________
Mayor Gary L. Peterson
_____________________________
Patricia Muscovitz, Deputy City Clerk
8) Authorize the Capital Equipment Replacement of Unit #315: Ford 4X2 Utility Truck - Removed
9) Authorization to add trunk sanitary sewer work to Zone 5 project
Motion to authorize the addition of the following trunk sanitary sewer work Items to the Zone 5
project: 1) Replace 236' of existing 8" (or smaller) pipe with 10" east of the manhole on 43rd
Avenue at Quincy Street. 2) Replace 648' of sagged/cracked 15" pipe with new 15" pipe on 45th
Avenue, from University Avenue Service Road to 5th Street, with funding from the Sanitary Sewer
City Council Minutes
May 29, 2001
Page 4 of 16
Construction Fund.
10) Change Order #2 and Final Payment for Street Rehabilitation - Zone 4
Motion to authorize final Contract Change Order No. 2 for addition of loop detector, sanitary sewer
repair, water main and system improvements, and storm sewer to the Zone 4 Street Rehabilitation,
City Project 0002 and 0007, to Hardrives, Inc. in the amount of $27,084.60 to be funded out of the
State Aid Maintenance Fund, 212-43190-5130 ($2,750.00), Sanitary Sewer Utility Fund, 602-50002-
5130 ($6,330.15), Water Utility Fund, 601-50002-5130 ($10,589.45) and Storm Water Utility Fund,
604-50002-5130 ($7,415.00).
Motion to accept the work for 2000 Street Rehabilitation Projects in Zone 4, City Project Numbers
0002 and 0007; and authorize final payment of $110,574.84 to Hardrives, Inc. of Rogers, Minnesota.
11) Authorization to seek bids for the demolition of two residential structures from two City lots at 4542
Washington Street and 1307 42nd Avenue
Motion to authorize staff to seek bids for the demolition of two residential structures at 1307 42nd
Avenue and 4542 Washington Street.
Motion to authorize staff to seek quotes for the sale and moving of the garage at 1307 42nd Avenue.
12) Adopt Resolution No. 2001-41, being a Resolution accepting bids and awarding contract for Zone 5
Street Rehabilitation Projects
Motion to wave the reading of Resolution No. 2001-41, there being ample copies available to the
public.
Motion to approve and adopt Resolution No. 2001-41 accepting bids and awarding the 2001 Street
Rehabilitation Projects in Zone 5, Project No. 0017, 0018 and 0102 to Palda and Sons of St. Paul,
Minnesota in the amount of $1,192,771.30 based upon their low, qualified, responsible bid and
accepting Alternate #1for HDPE storm sewer pipe for a deduct resulting in a revised base bid of
$1,180,862.83;and Alternate #2(unit price basis) for residential driveway construction; and
Alternate #3for storm sewer work on 40th, west of McKinleyin the amount of $60,288.30; and
Alternate #4for sanitary sewer work on 43rd Avenue east of Quincy in the amount of $19,583.55;
and, furthermore to authorize the Mayor and City Manager to enter into an agreement for the same.
Motion to reject the bids for Project No. 0009, Jackson Pond Fencing and Site Landscaping,
reducing the contract award for Zone 5 projects by $74,634, for a revised contract amount of
$1,106,228.83
, and authorize the City Engineer to re-advertise this project separately.
Fehst stated the bid received for fencing and landscaping was far above our engineer’s estimate of
$35,000, and will be re-evaluated. He indicated the total project bid was 17.5 percent below our
engineer’s estimate.
Nawrocki questioned how the savings would be spread between the assessed cost and the City.
Hansen stated the savings would be passed on to resident in the form of a reduced assessment.
Percentage decreases will be based on the initial estimate for each differed type of work done. The
final assessment will be based on the final construction costs.
Nawrocki questioned if the project includes elimination of the backflow preventers. Hansen
proposed to leave that element out of the project for further discussion and alternatives. Peterson
asked that Hansen speak to former Councilmember Jolly, who has expertise with this situation.
City Council Minutes
May 29, 2001
Page 5 of 16
RESOLUTION NO. 2001-41
RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 2001 STREET REHABILITATION
PROJECTS IN ZONE 5 CITY PROJECTS NO.’s 0017, 0018 AND 0102 TO PALDA AND SONS INC. OF ST. PAUL,
MINNESOTA
WHEREAS
, pursuant to an advertisement for bids for City Project Numbers 0009, 0017, 0018 and 0102 Street
,
Rehabilitation Projects in Zone 5 bids were received, opened and tabulated according to law. The following bids were
received complying with the advertisement:
Bidder Bid Bond Base Bid Alternate 1 Alternate 2 Alternate 3 Alternate 4
5% (Deduct) (Add) (Add) (Add)
Palda &Sons OK $1,192,771.30 -($11,908.47) $2,498.00 $60,288.30 $19,583.55
Hardrives OK $1,238,496.00 -($10,300.00) $9,319.30 $65,757.80 $22,526.00
Midwest Asphalt OK $1,405,154.06 -($10,156.70) $2,876.50 $68,556.70 No bid
WHEREAS
, it appears that Palda and Sons, Inc. of St. Paul, Minnesota, is the lowest responsible bidder.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA:
1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Palda and Sons, Inc., 1462
Dayton Avenue, St. Paul, Minnesota, in the name of the City of Columbia Heights, for 2001 Street Rehabilitation
,
Projects in Zone 5, City Project Numbers 0017, 0018 and 0102according to plans and specifications therefore
approved by the Council, accepting alternate bids Numbers 1, 2, 3 and 4.
2. The bid for City Project No. 0009, Jackson Pond Fencing and Site Landscaping is hereby rejected and the City
Engineer is directed to readvertise this project separately.
3. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made with their
bids except the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been
signed.
4. The projects shall be funded with State Aid Maintenance Funds, General Funds (Infrastructure and Assessments),
Sanitary Sewer Construction, Water Construction, and Storm Sewer Utility Construction Funds.
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Dated this 29 day of May, 2001.
Offered by: Nawrocki
Seconded by: Szurek
Roll Call: All ayes _________________________
Mayor Gary L. Peterson
______________________________
Patricia Muscovitz, Deputy City Clerk
13) Adopt Resolution No. 2001-40, being a Resolution Accepting Bid and Award of Seal Coating
Project #0101
Motion to waive the reading of Resolution No. 2001-40, there being ample copies available to the
public.
Motion to approve and adopt Resolution No. 2001-40, being a Resolution accepting bids and award
the 2001 Seal Coating Project #0101 to Allied Blacktop of Maple Grove, Minnesota, based upon
their low, qualified, responsible bid in the amount of $46,884.50 to be appropriated from Fund 415-
50101-5130; and, furthermore to authorize the Mayor and City Manager to enter into an agreement
for the same.
City Council Minutes
May 29, 2001
Page 6 of 16
Fehst indicated this project also was bid substantially below the estimated cost.
RESOLUTION NO. 2001-40
RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR SEAL COATING PROJECT, #0101
TO ALLIED BLACKTOP COMPANY
WHEREAS, pursuant to an advertisement for bids for 2001 Seal Coating Project #0101 bids were received, opened and
tabulated according to law. The following bids were received complying with the advertisement:
Bidder Base Bid
Allied Blacktop $46,884.50
Pearson Bros. $46,912.50
Astech Corp. $51,392.50
Bituminous Roadways $51,981.85
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WHEREAS, it appears that Allied Blacktop, 10503 89 Ave. No., Maple Grove, MN is the lowest responsible bidder.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA:
1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Allied Blacktop Company in
the name of the City of Columbia Heights for 2001 Seal Coating Project #0101, according to plans and
specifications therefore approved by the Council.
2. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made with
their bids except the deposit of the successful bidder and the next lower bidder shall be retained until the contract
has been signed.
3. City Project #0101 shall be funded with approximately 25% City funds and approximately 75% by assessments.
Dated this 29th day of May, 2001.
Offered by: Nawrocki
Seconded by: Szurek
Roll Call: All ayes _________________________
Mayor Gary L. Peterson
____
___________________________
Patricia Muscovitz, Deputy City Clerk
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14) Approve Re-Issue of Rental Housing License after Renovation at 1020 44 Avenue
Move to issue a Rental Housing License to Greg Heinen to operate the Rental Property located at
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1020 44 Avenue in that the provisions of the Residential Maintenance Code have been complied
with.
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15) Establish Hearing Date regarding License Revocation or Suspension of Rental Properties at 228 40
Avenue and 3933-3935 Ulysses Street
Motion to Establish a Hearing Date of June 11, 2001 for Revocation or Suspension of a License to
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Operate a Rental Property within the City of Columbia Heights against Robert Mikulak at 228 40
Avenue NE.
Motion to Establish a Hearing Date of June 11, 2001 for Revocation or Suspension of a License to
Operate a Rental Property within the City of Columbia Heights against Oeyering Oranzo at 3933-
3935 Ulysses Street.
City Council Minutes
May 29, 2001
Page 7 of 16
Nawrocki stated he did receive the additional information he requested from the Fire Department,
and was appreciative.
16) Approve Business License Applications
Motion to approve the Items as listed on the business license agenda for May 29, 2001 as presented,
and to waive the $500 fee for the Columbia Heights Lions Club.
17) Approve Payment of Bills
Motion to pay the bills, as listed, out of the proper fund.
Motion carried.
Upon vote – All ayes.
Item #1 - Minutes for Approval
Fehst indicated the minutes of the May 14, 2001 were inadvertently not in the Council packets, and
therefore would be available at the next meeting.
Item #2 – Establishing Work Session Meeting Dates
Nawrocki requested the City Council hold three or four regular Monday meetings per month, televised on
cable, instead of two regular meetings and two work sessions. He referred to the survey done for the City
which indicated that 20 percent of residents watch the Council meetings on the local cable channel.
Williams indicated he liked the informality of work sessions and was concerned with the cost to have legal
counsel at this number of regular meetings. Wyckoff stated she likes the work sessions as they are, and
indicated that any one is welcome to attend, but that no formal action is taken at these meetings. Nawrocki
stated that all information should be available for the public to hear, and that legal counsel could be
scheduled for specific meetings. Peterson stated that citizens do take part and talk more freely in the
informal work session setting.
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Fehst stated there were no urgent Items for the June 4 work session. Possible Items for discussion on June
18, 2001 were: discussion of a point of sale inspection process, laptop computer purchase for the Police
Department, the Police communication system with Anoka County, and the McComb Group feasibility study
for commercial development. Fehst stated the point of sale inspection is similar to the truth in housing
program, referring to required repairs prior to sale of a home.
Motion
by Szurek, second by Wyckoff, to establish a work session meeting date for June 18, 2001
Motion carried
beginning at 7:00 p.m. Upon vote - all ayes. .
Item #8 – Replacement of Ford Utility Truck, utility box and aerial lift
Nawrocki stated he viewed the truck and does not feel it needs to be replaced at this time, as the truck has
relatively low mileage. Szurek stated she trusts the decision of staff. Williams questioned re-sale value.
Nawrocki indicated the old truck would be used by Park Department staff for transportation of summer
employees. Williams felt it is a good idea to keep equipment updated, and this is a 1986 vehicle. Hansen
stated that the requested lift also goes higher than the present lift. Wyckoff indicated this Item was approved
in the 2001 budget.
Motion
by Szurek, second by Williams, to authorize the purchase of (1) Ford Model F450 truck
chassis from Airlake Ford-Mercury of Lakeville, MN in the amount of $26,348 plus sales tax, from
the Traffic Signs and Signals Capital Equipment Fund: 431-43170-5180.
Upon roll call vote: Williams – aye, Szurek – aye, Wyckoff – aye, Nawrocki – nay, Peterson – aye. 4
Motion carried.
ayes – 1 nay.
City Council Minutes
May 29, 2001
Page 8 of 16
Motion
by Szurek, second by Williams, to authorize the purchase of (1) utility box and aerial lift
device from Truck Utilities Mfg., of St. Paul, MN in the amount of $35,000 plus sales tax, with
funding appropriated from the Traffic Signs & Signals Capital Equipment Fund: 431-43170-5180
($16,500) and State Aid Maintenance Fund: 212-43190-5180 ($18,500).
Upon roll call vote: Williams – aye, Szurek – aye, Wyckoff – aye, Nawrocki – nay, Peterson – aye. 4
Motion carried.
ayes – 1 nay.
PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS
A. Proclamations
B. Presentations
1. Annual County Recycling Award
Jean Kuehn, Special Projects Coordinator, presented the 2000 Anoka County Recycling Award for
surpassing our recycling goal by 18 percent, with 1,935.38 tons, composted 44 tons of yard waste and
collected 741 tons of problem materials such as oil, filters, tires, and fluorescent bulbs. Columbia
Heights residents recycled 17.25 pounds per person per month. She stated that Columbia Heights is one
of only four cities in this county that have met their goal every year since 1988.
Peterson thanked Kuehn for the wonderful job she does and applauded citizens for their efforts.
Nawrocki asked the cost to recycle. Kuehn stated residents pay $1.40 per month, and the City pays
$1.79 per household, which is subsidized by SCORE funds.
C. Introductions
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1. Karin Leishman, 2209 45 Avenue NE
Mayor Peterson introduced Karin Leishman as the newest Human Services Commissioner.
Leishman thanked Council for choosing her.
2. David Mahoney, 3814 Reservoir Boulevard
Mayor Peterson introduced Dave Mahoney as the newest Telecommunications Commissioner.
Mahoney thanked Council for this appointment. Nawrocki informed him when the next
Telecommunications Commission meeting would be held.
Miscellaneous
Peterson stated that former Fire Chief Donald Johnson has passed away and expressed sympathy.
Nawrocki spoke of when Mr. Johnson was originally hired and what a tremendous job he did.
D. Recognition
ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions
1. Second Reading of Ordinance No. 1428, being an Ordinance amending Ordinance No. 818
pertaining to Zoning and Development.
MOTION
by Wyckoff, second by Szurek to waive the reading of Ordinance No. 1428, there being
Motion carried.
ample copies available to the public. Upon vote: All ayes.
MOTION
by Wyckoff, second by Szurek, to adopt Ordinance No.1428, Columbia Heights Zoning
and Development Ordinance, being an ordinance amending Ordinance No. 818 pertaining to Zoning
and Development.
City Council Minutes
May 29, 2001
Page 9 of 16
Nawrocki indicated he had several friendly amendments to the motion for Ordinance No. 1428:
Nawrocki -Page 1-5, Item 9.105 Violations, requested to strike “Each day a violation exists shall
constitute a separate violation for the purposes of this section.”
Jim Hoeft, City Attorney, stated this would allow only one citation or would be double jeopardy,
unless there would be another area added allowing another citation. Hoeft stated the maximum fine
is $1,000 or 30 days in jail. Hoeft indicated there is a need to have a time period defined. Peterson
indicated this language is the same as other cities use. Request died for lack of support.
Hoeft indicated the correct procedure to make a friendly amendment to the motion.
Nawrocki -Page 4-1, Item 9.402 (1) (b) and page 4-2, Item 9.402 (3) Development Review
Committee, request to strike “Development Review Committee”.
Szurek questioned the purpose of the Development Review Committee. Tim Johnson, City Planner,
stated the committee consists of staff review. Request died for lack of support.
otion
Nawrocki - Page 4-3, Items 9.402 (4) (c) 1 and 2 - Board of Appeals, M to strike “and make
decisions” and replace with “and make recommendations to the City Council”.
Motion seconded by Williams.
Hoeft expressed concern that this would constitute a change permeating the entire ordinance and
require the ordinance reading process to begin again. Peterson stated this wording was from the
current ordinance. Hoeft referred to past litigation. Szurek questioned an additional court case.
Fehst stated that person did not follow the Board of Appeals process.
Hoeft indicated correct procedure for an amendment to be accepted by the maker and second of the
original motion.
Williams withdraw his second. Hoeft indicated the motion would have to be voted upon.
Motion
Upon vote: Williams, abstain; Szurek, nay; Wyckoff, nay; Nawrocki, aye; Peterson nay.
failed.
3 nay, 1 aye, and 1 abstention.
Nawrocki questioned applications for land use and approval. Johnson stated that land use
applications are now on a separate application. Nawrocki felt this was too much red tape for small
Items. Johnson stated the only Item added was the pre-application process, 9.403 (3), which is
beneficial for staff preparation prior to the request being presented to the Planning and Zoning
Commission. Hoeft stated that this language is also a result of the 60 day rule.
Nawrocki -Page 4-6, Item 9.405 (3) Appeals, request striking “findings” and replace with “it’s
recommendation to the City Council”.
Hoeft stated this would constitute a substantive change of the ordinance. Nawrocki felt the elected
body should make the final decision. Request died for lack of support.
Nawrocki -Page 4-6, Item 9.406 (4) request to add “after a public hearing by the City Council”.
City Council Minutes
May 29, 2001
Page 10 of 16
Peterson indicated that people with concerns are allowed to speak to the Council. Request died for
lack of support.
Nawrocki -Page 4-7, Item 9.407 (2) request to strike “and is not solely for the benefit of a single
property owner”.
Hoeft indicated it would be best to avoid benefits to only one property owner. Request died for lack
of support.
Nawrocki -Page 4-7, Item 9.407 (5) City Council action – request to add “would require a simple
majority vote of the City Council, after a public hearing by the City Council. Request died for lack
of support.
Nawrocki -Page 4-9, Item 9.408 (5) City Council action – request to add “after a public hearing by
the City Council”. Request died for lack of support.
Nawrocki -Page 4-10, Item 9.409 (5) City Council action – request to add “after a public hearing by
the City Council”. Request died for lack of support.
Nawrocki -Page 4-11, Item 9.410 (5) City Council action – request to add “after a public hearing by
the City Council”. Request died for lack of support.
Nawrocki -Page 4-13, Item 9.411 (5) City Council action – request to add “after a public hearing by
the City Council”. Request died for lack of support.
Nawrocki -Page 4-14, Item 9.412 (5) City Council action – request to add “after a public hearing by
the City Council”. Request died for lack of support.
Nawrocki –Page 4-14 , Item 9.413 (4) Required Findings, request to strike “final decision” and add
“recommendation to the City Council”.
Hoeft indicated that this is not a change from the current ordinance. Mel Collova, Building Official,
referred to our lower rating from our insurance company because we do not have an official Board
of Appeals, which could make a difference of 5 to 15 percent in insurance fees. Request died for lack
of support.
Nawrocki -Page 4-15, Item 9.413 (5) request to strike “Development Review Committee” and “may
impose” and add “recommend to the City Council”. Request died for lack of support.
Nawrocki -Page 4-16, Item 9.415 (3) request to strike “Each day that a violation is permitted to exist
shall constitute a separate offense”. Request died for lack of support.
Nawrocki -Page 5-2, Item 9.502 (10), Uses in Floodway District, request to strike “Board” and
replace with “City Council”. Request died for lack of support.
Nawrocki -Page 6-4, 9.603 (1) (a) Accessory Uses and Structures, request to strike “two” and add
“one”.
Peterson suggested the Planning and Zoning Commission revisit this topic. Johnson indicated that
the existing ordinance states two structures. Tom Ramsdell, Chairperson of the Planning and
City Council Minutes
May 29, 2001
Page 11 of 16
Zoning Commission, indicated this addition would also allow a storage shed up to 10 x 12 feet.
Nawrocki indicated the total footprint of accessory structures was limited to 1,000 square feet.
Ramsdell stated this reference would allow two single garages, plus a storage shed. Johnson
indicated that the wording added was “storage shed”. Nawrocki felt two garages should not be
allowed; however one garage and one storage shed would be all right. Hoeft indicated lot coverage
and setback requirements must still be met. Nawrocki felt the intention should be one detached
garage and one storage shed.
Motion
by Nawrocki, second by Wyckoff, to strike “and one storage shed”. Upon vote: All ayes.
Motion carried
.
Mayor Peterson asked the students in the audience to come forward and introduce themselves.
Nawrocki –Page 6-4, Item 9.603 (1) (c) request to change the minimum setback from five feet to
three feet from the rear lot line.
Motion
by Nawrocki, second by Williams, to establish the rear lot line setback at three feet. Upon
Motion carried
vote: All ayes. .
Nawrocki –Page 6-5, Item 9.603 (1) (m), request to amend minimum size to “20 feet by 14 feet”.
Request died for lack of support.
Nawrocki –Page 6-7, Item 9.603 (4) (l), request to strike the paragraph referring to home occupation
registration, as a permit should not be required. Request died for lack of support.
Nawrocki –Page 6-9, Item 9.605 (1) (b) Fences, request to strike “The owner of the property upon
which the fence is located shall be responsible for locating all property lines prior to constructing
said fence” and replace with “The owner of the property upon which the fence is located shall place
the fence on his own property”.
Nawrocki indicated the owner should not be required to have the property surveyed. Hoeft stated
the City needs assurance that the fence is located on the owner’s property. Fehst indicated that if a
recent survey is on file, a survey would not be required. Hoeft stated a survey or location of the
property stakes would be necessary. Wyckoff stated that fences less than six feet high do not require
a permit. Hoeft stated the requirement would only be for fences that we issue a permit on. Request
died for lack of support.
Nawrocki requested the addition of “fences requiring a City permit”. Request died for lack of
support.
Nawrocki -Page 6-16, Item 9.609 (3) (D) stated that in the number 9.609.6 the last number 6 should
have parentheses around it. Johnson stated he would make this change.
Nawrocki – Page 6-33, Item – chart, Off-Street Parking requirement, request Multiple-family one
bedroom unit require 2 per unit, must be enclosed (garage), as the multiple family requirement
should be the same as the single family requirement. Request died for lack of support.
Nawrocki -Page 6-37, Item 9.613 (2), Landscaping and Screening, request to strike “For
development having an anticipated construction value in excess of $250,000 the landscape plan must
be prepared by a landscape architect registered in the State of Minnesota”.
City Council Minutes
May 29, 2001
Page 12 of 16
Nawrocki felt that good plans could be obtained without hiring a registered architect. Request died
for lack of support.
Motion
Nawrocki -Page 6-39, Item 9.613 (6) (B) by Nawrocki, second by Williams, to strike
paragraph B regarding a letter of credit.
Hoeft had no comment on the dollar amount, but stated it is typical to retain security to replace
plants that fail. Szurek stated that 1.5 times the estimated cost of the job was excessive. Peterson
suggested 10 percent.
Motion
Upon vote: Williams, nay; Szurek, nay; Wyckoff, nay; Nawrocki, aye; and Peterson, nay.
failed
, 4 nay, one aye.
friendly amendment
Williams offered a to withhold 10 percent of the estimated cost and to include
a letter of credit or other security as acceptable to the City. Szurek approved the amendment. Upon
Amendment carried.
vote: All ayes.
Nawrocki -Page 8-2, Item 9.802, Official Zoning Map is not attached to the zoning ordinance.
Johnson stated there are reduced copies and a large copy of the map. Peterson stated the date of
March 2001 should be filled in.
friendly amendment
Nawrocki offered a to include the official zoning map date of March 2001.
Amendment carried.
Szurek approved the amendment. Upon vote: All ayes.
Nawrocki – Page 8-3, Item 9.803 (3) request addition of “for recommendation of the City Council”.
Request died for lack of support.
Nawrocki -Page13-2, 9.1302 (6), Official Zoning Map, questioned where this map is. Johnson
stated the Zoning Map showing the flood boundaries is available in the City Planner’s office.
Motion
Nawrocki -Page 14-7, 9.1403, Subd. 3, (5) Park Dedication, by Nawrocki, second by
Williams, to strike “The Park and Recreation Commission shall determine which measure is most
appropriate” and replace with “The City Council shall determine which measure is most
appropriate”.
Nawrocki believes the elected body should make this decision. Hoeft and Fehst were comfortable
with this change. Kevin Hansen, Public Works Director, stated that it would be appropriate to have
the Park and Recreation Commission review any land proposal for dedication.
th
Harold Hoium, 4315 5 Street, requested that 9.105, Violations, be discarded and replaced with a
statement to grandfather in everything currently in place.
Motion carried
Upon vote of the motion: All ayes, .
Hansen referred to Section 14, Subdivision regulations, which are from the current code, with no
substantial changes except to clean up the language. The purpose of this is to indicate what is
required for plan review.
Nawrocki referred to attachment A of the Council letter and questioned proper procedure to act
upon these changes. Fehst indicated these Items were approved by consensus of Council at the first
reading of the ordinance. Peterson requested motions to approve these Items.
City Council Minutes
May 29, 2001
Page 13 of 16
Motion
by Szurek, second by Wyckoff, Page 3-18, Item 9.301 to accept the text change from the
first reading regarding temporary sign display period.
Nawrocki agreed there is a problem with temporary signs on curbs. Szurek stated those are
portable signs. Johnson indicated this was done so there is a distinction between types. Nawrocki
referred to a specific coffee shop sign.
Harold Hoium stated that portable signs are placed on sidewalks from Friday to Monday, because
there is no enforcement over the weekends.
Motion
Upon vote: Williams, aye; Szurek, aye; Wyckoff, aye; Nawrocki, nay; Peterson, aye.
carried
. 4 ayes, 1 nay.
Motion
by Szurek, second by Williams, Page 6-40, Item 9.614 to accept the text addition from the
Motion carried.
first reading regarding building materials. Upon vote: All ayes.
Motion
by Szurek, second by Wyckoff, Page 6-46, Item 9.616 to accept the text change from the
first reading of the ordinance to include “signage exceeding eight (8) square feet. Upon vote:
Motion carried
Williams, aye; Szurek, aye; Wyckoff, aye; Nawrocki, nay; Peterson, aye. . 4 ayes, 1
nay.
Motion
by Szurek, second by Williams, Page 7-7, Item 9.701 (3) to accept the text addition from the
first reading of the ordinance regarding consignment/second hand stores. Upon vote: All ayes.
Motion carried.
Motion
by Szurek, second by Williams, Page 7-10, 11, Item 9.701 to accept the text addition from
the first reading of the ordinance regarding employment agencies/temporary day labor. Upon vote:
Motion carried.
All ayes.
Motion
by Szurek, second by Williams, Page 7-14, Item 9.701 to accept the text change from the
Motion carried.
first reading of the ordinance from 1,000 feet to 3,000 feet. Upon vote: All ayes.
Johnson referred to a typographical error on page 3-2, where the work gifts will be changed to
guests.
Johnson questioned Page 6-37, Item 9.613 (2), landscaping plan value of $250,000. Szurek felt this
amount should be higher. Ramsdell recommended $750,000.
Motion
by Williams, second by Szurek, Page 6-37, Item 9.613 (2) to change the construction value
Motion carried
from $250,000 to $750,000. Upon vote: All ayes. .
Joe Wolney, 542 Summit Street, expressed concern that the Master Plan Town Square Concept
might supercede individual property owner’s rights. Peterson recommended adding the date
established to the reference of the Town Square Concept.
Motion
by Szurek, second by Williams, Pages 5-3 and 5-9, to include the date established to the
reference of the Town Square Concept.
Harold Hoium indicated that the document does not have a grandfather clause.
City Council Minutes
May 29, 2001
Page 14 of 16
th
Karsten McCarthy, 4213 5 Street, felt this document disallows basic human freedoms.
Motion carried
Nawrocki called Point of Order. Upon vote: All ayes. .
Nawrocki -Page 6-41, Item 9.614 (3) (4) request to strike this paragraph as there will be additional
review of this plan. Request died for lack of support.
Nawrocki stated that the discussion of this ordinance has been interesting and heated; he felt it was
valuable and hoped that the public learned some things. He thanked Council for allowing extra
discussion on this topic, but indicated he would not vote in favor of this ordinance.
Upon vote of the original motion: Williams, aye; Szurek, aye; Wyckoff, aye; Nawrocki, nay;
Motion carried
Peterson, aye. . 4 aye, 1 nay.
Nawrocki requested Council receive a copy of this ordinance with the approved changes in loose-
leaf binder form.
Miscellaneous
Nawrocki questioned staff again regarding the concern of the tenant in the lower level of the strip
mall, next to the transition block, concerning semi trucks being able to drive in and out of the alley.
Nawrocki requested the alley be straightened. Fehst thought the concern was for during the
construction phase, and did not realize it was a concern regarding the permanent alley. Peterson
suggested that Nawrocki, Hansen and the property owner meet at the site to discuss this situation.
Wolney questioned if portions of the ordinance could be appealed or if the entire ordinance would
have to be appealed. Hoeft indicated a portion could be appealed by would affect the entire
ordinance.
2. Second Reading of Ordinance No. 1429, being an Ordinance Establishing a Heritage Preservation
Commission.
Motion
by Wyckoff, second by Szurek, to waive the reading of Ordinance No., 1429, there being
ample copies available to the public. Upon vote: Williams, nay; Szurek, aye; Wyckoff aye;
Motion failed
Nawrocki, abstain, Peterson aye. . 3 ayes, 1 nay, 1 abstention.
Hoeft read ordinance #1429 regarding establishment of a Heritage Preservation Commission.
Motion
by Wyckoff, second by Szurek, to adopt Ordinance No. 1429, being an ordinance of the City
of Columbia Heights amending Article 3, Section 3.311 of the Columbia Heights City Code
establishing a Heritage Preservation Commission.
Szurek agreed in principal with the ordinance but felt some areas were too formal and did not
pertain to Columbia Heights. Hoeft stated he was presented with materials from Becky Loader,
Library Director, to draft this ordinance. Several drafts were completed to remove a significant
amount of formality from the original ordinance, intending to create an advisory commission rather
than a final decision commission. Hoeft indicated there is certain statutory provisions referenced
which are required for this type of ordinance, but it is the most informal ordinance possible.
Declaration of public policy and purpose were discussed. Hoeft stated this wording could be
changed. Williams questioned definitions in Subdivision d, regarding historical buildings. Williams
indicated he did not see the need for this commission. Wyckoff indicated that Columbia Heights is
the only city in the county that doesn’t have a historical society, and that this commission would
preserve history by pictures and oral interviews, being only an advisory commission. Fehst stated
City Council Minutes
May 29, 2001
Page 15 of 16
there would be minimal staff support.
Szurek indicated her involvement with the New Brighton Historical Society. Williams agreed with a
historical society, but did not feel a commission was necessary, and that buildings are not the history
of the city. Wyckoff stated the commission would do research for the City Council. Nawrocki asked
what Section 1 was repealing. Hoeft indicated that et seq. is information that follows, but would
revisit the section that is repealed. Nawrocki questioned the limitation by certain requirements for
commission member’s backgrounds. Hoeft indicated there are Minnesota Statue for Preservation
Ordinances requirements. Nawrocki suggested finding people interested in community history.
Motion
by Nawrocki, second by Szurek, that the motion be referred to staff and that this matter be
tabled for additional information. Upon vote: Williams, nay; Szurek, aye; Wyckoff, aye; Nawrocki,
Motion
aye; Peterson, aye. carried. 4 ayes, 1 nay.
Fehst asked for clarification of council requests. Wyckoff stated she would contact residents who
expressed interest in being on this commission. Nawrocki suggested solicitations through the local
paper and cable channel.
Peterson stated that everyone agrees that we want to preserve our history, but how to do this needs
further discussion.
B. Bid Considerations - None
C. Other Business
1. Variance Request, Case #2001-0507, 3954 Arthur Street NE Removed
Peterson stated that Richard Abraham respectfully withdrew his variance application. Fehst stated
he researched this request and contacted Council members and the City Attorney regarding the
application. The Planning and Zoning Commission could review the ordinance and discuss
allowances for very large lots. Nawrocki did not agree with the 18 foot height variance request, but
agreed with the proposed alternate motion as general interests were protected in that motion.
Peterson indicated this request should go back to the Planning and Zoning Commission, and if a
hardship cannot be established, the variance request could not be granted.
ADMINISTRATIVE REPORTS
A. Report of the City Manager
B. Report of the City Attorney
GENERAL COUNCIL COMMUNICATIONS
A. Minutes of Boards and Commissions
Meeting of the April 17, 2001 Economic Development Authority
Meeting of the April 25, 2001 Park and Recreation Commission
CITIZENS FORUM
Joyce Meier, 4931 Jackson, questioned the special assessment interest rate. Fehst explained the eight
percent interest charge and the ten percent interest charged on any unpaid balance.
Tina Ross, representing the renter at 4937 Jackson, gave Council a letter from him addressing the incorrect
allegations that he is running a vehicle repair business from his garage. She stated that he only works on
vehicles for family and friends. Fehst indicated the CSO’s have investigated complaints against this person
many times and have found no sign of commercial work being done from this garage.
City Council Minutes
May 29, 2001
Page 16 of 16
Nawrocki indicated he attended the MACTA meeting, which is a cable association of municipal operators,
and reported that at the present time there is no significant legislation been passed.
Nawrocki indicated that the AMM is soliciting for committee members. Szurek indicted that in the past she
has served on the Economic Development Committee and found it very worthwhile. Nawrocki indicated his
intent to sign up for the Municipal Revenues Committee. Fehst stated that in the changing face of revenue
issues in this state it is important to be involved and keep informed.
Nawrocki requested to received the “Friday Fax” from the League of Minnesota Cities.
Szurek referred to a resident complaint regarding retaining wall and garage compliance, when the property
owners keep changing, and who makes sure they are in compliance. Szurek felt participating in “Truth in
Housing” would address these types of problems. Hoeft indicated that ongoing violations would fall under
the Housing Maintenance Code. He indicated that a Point of Sale Ordinance was discussed about six years
ago, and not considered favorable by the Planning and Zoning Commission or the City Council at that time.
Szurek suggested staff obtain copies of the Minneapolis ordinance.
Szurek questioned having a retired judge come to in Columbia Heights for judgments on ordinance
violations. Hoeft stated that it is possible to have a community court, and that he is the hearing officer for
the City of Blaine. Nawrocki suggested also looking into the disclosure requirements between the seller of a
property and the real estate agent. Hoeft stated that in Point of Sale a sale can not take place until the City
has done their inspection. Nawrocki questioned the City’s liability in doing these inspections. Williams
suggested this be discussed in a work session.
ADJOURNMENT
Mayor Peterson adjourned the meeting at 11:02 p.m.
_______________________________
Patricia Muscovitz, Deputy City Clerk