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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Walt Fehst, City Manager, indicated that Item 6-C-1 be deleted, as the Variance Request for 3954 Arthur Street was withdrawn by Mr.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 th 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 th 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. th 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. th THEREFORE, BE IT RESOLVED on the Building Officials conclusions that, the structures at 4356 5Street NE are = 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. th 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 th 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. th 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 th 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 th 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 th 1020 44 Avenue in that the provisions of the Residential Maintenance Code have been complied with. th 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 th 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. th 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 th 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