HomeMy WebLinkAboutJuly 23, 2001OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS CITY COUNCIL
REGULAR COUNCIL MEETING
JULY 23, 2001
The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, July
23, 2001 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota.
CALL TO ORDER/ROLL CALL
Present: Council members Williams, Szurek, Wyckoff, Nawrocki, and Mayor Peterson
PLEDGE OF ALLEGIANCE
ADDITIONS/DELETIONS TO MEETING AGENDA
- none
CONSENT AGENDA
Mayor Peterson removed Item #4 from the consent agenda.
A) MOTION: by Szurek, second by Williams, to approve the Consent Agenda items and reflecting the
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correction to the July 9 meeting minutes as discussed, and removing items #2, 4, 6, 7, 8, 9:
1) Minutes for Approval
MOTION to approve the minutes of the July 9, 2001, regular City Council meeting correcting a
word in the motion on page two from “deny” to “divide”.
Nawrocki corrected a motion on page two, indicating the motion was to divide, not deny. He
indicated there should be minutes of the July 9 Executive Session for approval.
2) Establish Work Session Meeting Dates for August 6, 2001 and August 20, 2001 - Removed
Walt Fehst, City Manager listed items for discussion at the August 6, 2001 work session:
·
800 megahertz system -presentation by Anoka County 911 center
·
Consider Council liaison position on the Park and Recreation Commission
·
Consider funding for School District Telecommunications
·
Proposed changes to City Charter, Chapter 6 - Purchases and contracts
·
Proposed changes to City Charter, Chapter 12 - Damage suits
·
Proposed changes to City Charter, Chapter 12 - City to Succeed to Rights and Obligations
of Village
·
Proposed changes to City Charter, Chapter 12 – Village Officers to hold office till when
·
Proposed changes to City Charter, Chapter 12 - Existing ordinances continued
·
Consider possible Point-of-Sale inspection ordinance
Williams questioned prior Council action to not have a Council member as a voting member of the
Charter Commission. Hoeft stated the Charter Commission also did not want a Council liaison.
Wyckoff indicated it was a mutual decision to keep the two bodies separate.
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Nawrocki indicated the August 20 special meeting work session could not be scheduled without a
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set agenda. Fehst stated the items for that work session would be listed at the August 13 City
Council meeting. Nawrocki asked to remove this item from the Consent Agenda.
3) Authorize disposal of surplus City vehicles and/or forfeiture vehicles
MOTION to authorize the sale, salvage, or disposal of the attached listing of surplus City vehicles
by sealed bid. Dates for viewing and deadline to receive bids to be determined and published by
City Council Minutes
July 23, 2001
Page 2 of 18
the Police Department in the Focus Newspaper, the League of Minnesota Cities Newsletter, the
City’s cable TV channel, and on the City’s web site.
4) Authorize professional services of McComb Group Ltd. to conduct an evaluation and market
analysis of retail areas in Columbia Heights Removed
5) Authorize to seek bids for 2001 Sewer Pipe Lining
MOTION: Move to authorize staff to seek bids for the 2001 sewer pipe lining.
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Fehst stated this will include 1,170 feet on 3 Street from 42 to 44 Avenue, and 160 feet on
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40 Avenue West of McKinley Street.
6) Authorize Professional services for Braun Intertec to conduct Road Rater Testing on Zone 7 City
Streets Removed
7) Approve Amendment No. 3 to the Professional Services Agreement with BRW for Central Avenue
Street, Utility and Streetscaping Design. Removed
8) Ordinance No. 1431, being an Ordinance Setting the Sale Date for the Issuance of $2,785,000
General Obligation Tax Increment Refunding Bonds, Series 2001A. Removed
Fehst indicated the intent was to refinance, but will not be possible because of a legal glitch. This may
be discussed next year by the Legislature.
9) Authorize installation of "30 minute" parking signs in front of 4024 and 4028 Central Avenue.
Removed
10) Adopt Resolution No. 2001-45, being a resolution requiring the removal of a hazardous structure
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located at 528 NE 47 Avenue.
MOTION to waive the reading of Resolution No. 2001-45, there being ample copies available to
the public.
MOTION to adopt Resolution No. 2001-45, being a Resolution declaring the building on the
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property located at 528 NE 47 Avenue as hazardous, the Structure/Building must be razed, and
the lot graded for future development.
RESOLUTION NO. 2001-45
RESOLUTION OF THE CITY COUNCIL FROM THE CITY OF COLUMBIA HEIGHTS REQUESTING
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REMOVAL OF HAZARDOUS STRUCTURE LOCATED AT
: 528 N.E. 47 Avenue in the City of Columbia
Heights, Anoka County, MN, Lot 1, Blk. 1, Col. Hghts. Acres, PIN # 26-30-24-34-0001.
WHEREAS,
there is a substandard building 528 N.E. 47th Avenue which has been dilapidated, substandard and
abandoned for a period longer than 6 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 Findings of Fact:
FINDINGS OF FACT
Dangerous Building Definitions Chapter 3 of the 1994 Uniform Code for the Abatement of Dangerous Buildings:
City Council Minutes
July 23, 2001
Page 3 of 18
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.
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 528 N.E. 47 Avenue
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are substandard and seriously deteriorated, that they lack minimum standards for habitable space per 1998 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 for future construction.
Conclusions of Council
That all relevant parties have been duly notified of this action.
That the structure on the property at 528 N.E. 47th Avenue 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
1. The structure at 528 N.E. 47th Avenue, 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 23rd day of July, 2001.
Offered by: Szurek
Seconded by: Williams
Roll Call: Williams – aye, Szurek – aye, Wyckoff – aye, Nawrocki – aye, Peterson – aye. Motion carried.
City Council Minutes
July 23, 2001
Page 4 of 18
____________________________
Mayor Gary L. Peterson
_____________________________
Patricia Muscovitz, Deputy City Clerk
11) Establish Hearing Date regarding License Revocation or Suspension of Rental Properties at 3718
Central Avenue NE and 4645 Washington Street NE
MOTION to Establish a Hearing Date of August 13, 2001 for Revocation or Suspension of a
License to Operate a Rental Property within the City of Columbia Heights against Heidi
VonHeideman at 3718 Central Avenue NE.
MOTION to Establish a Hearing Date of August 13, 2001 for Revocation or Suspension of a
License to Operate a Rental Property within the City of Columbia Heights against Avery Fenne at
4645 Washington Street NE
12) Approve Rental Housing License Application
MOTION to approve the items listed for rental housing license applications for July 23, 2001.
13) Approve Business License Applications
MOTION to approve the items as listed on the business license agenda for July 23, 2001 as
presented.
14) Approve Payment of Bills
MOTION to pay the bills, as listed, out of the proper fund.
Items No. 2, 4, 6, 7, 8, and 9 were removed from the Consent Agenda for further discussion.
Wyckoff questioned the change to the authorized disposal of vehicles, as last year vehicles were auctioned at
the Hennepin County sale. Police Chief Tom Johnson stated the request is to obtain sealed bids for the
disposal of forfeiture and selected City owned vehicles. Extensive advertising of the sale will be done, viewing
of the vehicles will be allowed, and a date to open the bids will be set. Johnson is optimistic for this to happen
in August.
Upon vote of the Consent Agenda: Williams – aye, Szurek – aye, Wyckoff – aye, Nawrocki – aye, Peterson –
Motion carried.
aye. All ayes.
Item #2 Establish Work Session Meeting Dates for August 6, 2001 and August 20, 2001
MOTION
by Nawrocki, to establish a special work session meeting for August 6, 2001 at 7 p.m., for the
Motion died
items listed by the City Manager. for lack of a second.
MOTION
by Wyckoff, second by Williams, to establish Work Session meeting dates for Monday, August 6,
2001 beginning at 7:00 p.m. and Monday, August 20, 2001 beginning at 7:00 p.m.
Nawrocki asked to have the motion divided.
MOTION
by Wyckoff, second by Williams to establish a Work Session meeting date for Monday, August 6,
2001 beginning at 7:00 p.m. Upon vote: Williams – aye, Szurek – aye, Wyckoff – aye, Nawrocki – aye,
Motion carried.
Peterson – aye. All ayes.
Nawrocki indicated Parliamentary Procedure to set a special meeting must declare the purpose or the agenda
for the meeting, and he objected to setting a meeting without having an agenda. Szurek stated the agenda
City Council Minutes
July 23, 2001
Page 5 of 18
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could be set at the August 13 Council meeting. Jim Hoeft, City Attorney, indicated a meeting agenda can be
posted three days prior to a meeting. Nawrocki agreed if the meeting was set at the same time, but not if the
meeting is set prior to that time.
MOTION
by Wyckoff, second by Williams to establish a Work Session meeting date for Monday, August
20, 2001 beginning at 7:00 p.m. Upon vote: Williams – aye, Szurek – aye, Wyckoff – aye, Nawrocki – nay,
Motion carried.
Peterson – aye. 4 ayes, 1 nay.
Item #4 Authorize professional services of McComb Group Ltd. to conduct an evaluation and market analysis
of retail areas in Columbia Heights
Fehst indicated the McComb Group has presented a plan to do a market analysis report. Mr. McComb has
reduced the initial cost by $2,000 and altered the retainer amount from one-half to one-quarter of the entire
cost. The report would analyze the retail area, identify changes, and list uses for the area.
Wyckoff ‘s concern was that studies have been done for the Design Team, the Medtronic project, the
Comprehensive Plan, Space Needs, and Business Retention, but have not been used or followed up on. This
study would cost over $17,000; and she felt the need to carefully manage the City’s money especially
considering Legislative cuts. Wyckoff also stated that the Community Development Department does not have
the staff to follow up on this study and do the marketing necessary to move ahead.
Nawrocki stated he recommended this group because of other projects they have done, and that they will
provide facts and figures as to what types of business this area could support. Nawrocki stated this would take
follow up work and funds to attract people here, to work with them and to help them set up in our community.
He has seen this work in Shoreview and New Brighton. Wyckoff indicated that retailers, which would benefit
by this should contribute to the cost. Williams agreed, and stated that as a City we need to help the community
grow.
MOTION
by Williams, second by Szurek, to authorize the Mayor and City Manager to enter into an
agreement for the professional services of McComb Group Ltd. to conduct an evaluation and market analysis
of retail areas in the City of Columbia Heights at a cost not to exceed $17,700, based on their proposal dated
June 27, 2001.
Nawrocki pointed out a typographical error on the first page of the agreement where “Fourth” should read
“Fortieth”.
Peterson indicated that the Planning and Development Department is doing a fine job, but historically, the
City does not take the next steps necessary, or make the investment to continue the process. Peterson felt it
was poor timing to do this study now, as Central Avenue will be torn up during the next year.
Upon vote: Williams – aye, Szurek – aye, Wyckoff – nay, Nawrocki – aye, Peterson – nay. 3 ayes, 2 nays.
Motion carried.
Item #6, Authorize Professional services for Braun Intertec to conduct Road Rater Testing on Zone 7 City
Streets
Nawrocki stated concerns about work in previous areas of town by this company. Kevin Hansen, Public
Works Director, stated this is a private consultant used to measure existing street conditions and make
recommendations for final treatment. This is used in combination with our own analysis. Zone 7 is the last
area to be reworked in the City.
City Council Minutes
July 23, 2001
Page 6 of 18
MOTION
by Szurek, second by Wyckoff, to authorize Braun Intertec Corp. Inc. to conduct Road Rater
Testing on Zone 7 streets, excluding C.S.A.H. for $1,050.00 per mile plus mobilization at a cost not to exceed
$11,000.
Upon Vote: Williams – aye, Szurek – aye, Wyckoff – aye, Nawrocki – nay, Peterson – aye. 4 ayes, 1 nay.
Motion carried.
Item #7 Approve Amendment No. 3 to the Professional Services Agreement with BRW for Central Avenue
Street, Utility and Streetscaping Design
Nawrocki stated he is waiting for additional information on the initial project budget and details of where the
additional money would come from. Hansen stated he is working closely with the consultant to prepare this
information, but it is not complete at this time. Nawrocki stated previous indications were that the project was
read,y except for obtaining easements.
Williams questioned the result the request for additional funds was voted down. Hansen stated this includes
two components; the first is for work done since February to get necessary State agreements and second for
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additional work to get through the bidding stage. Time has been spent coordinating the configuration of 38
Avenue and the cooperative agreement. Hansen listed work done to date that we have not been billed for yet.
Nawrocki stated authorization should have been received prior to the work being done. Hansen stated the
professional services agreement will be slightly over eight percent, but necessary cooperative agreements are
more complicated to get the project going.
MOTION
by Wyckoff, second by Szurek, to authorize Amendment No. 3 in the amount of $82,950 to BRW
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for Central Avenue street, Utility and Streetscaping from 37 to 43 Avenues as detailed in the attached
proposal letter dated July 10, 2001 for a revised professional services agreement of $348,100; and, to
authorize the Mayor and City Manager to amend the agreement for the same
Upon vote: Williams – aye, Szurek – aye, Wyckoff – aye, Nawrocki – nay, Peterson – aye. 4 ayes, 1 nay.
Motion carried.
Item #8 Ordinance No. 1431, being an Ordinance Setting the Sale Date for the Issuance of $2,785,000
General Obligation Tax Increment Refunding Bonds, Series 2001A.
Hoeft suggested a motion to remove this item from consideration. Fehst stated the first reading of the
Ordinance was not completed as further research was required, and was tabled to this meeting. Nawrocki
suggested eliminating consideration of the Ordinance.
MOTION
by Nawrocki, second by Wyckoff, that consideration not be given to Ordinance No. 1431.
Motion
Upon vote: Williams – aye, Szurek – aye, Wyckoff – aye, Nawrocki – aye, Peterson – aye. All ayes.
carried.
Item #9 Authorize installation of "30 minute" parking signs in front of 4024 and 4028 Central Avenue.
Nawrocki stated this would be giving special consideration to specific properties. Hansen stated this is a
business requesting limited, short-term parking. There would be four parking spaces affected. The Traffic
Commission recommended this be granted until street reconstruction begins or July 2, 2002. A public hearing
was held on July 2, 2001.
City Council Minutes
July 23, 2001
Page 7 of 18
MOTION
by Wyckoff, second by Peterson, to install "30 minute parking from 7 a.m. to 5 p.m. Monday
through Friday” signage in front of 4024 and 4028 Central Avenue until construction begins on Central
Avenue or July 1, 2002, whichever occurs first, based on a recommendation of the Traffic Commission.
Szurek questioned the types of businesses surrounding this area. Williams indicated he would agree with the
Traffic Commission’s recommendation. Nawrocki stated there were business owners in opposition to this
request.
Upon Vote: Williams – aye, Szurek – aye, Wyckoff – aye, Nawrocki – nay, Peterson – aye. 4 ayes, 1 nay.
Motion carried.
PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS
1. Proclamations - none
2. Presentations - none
3. Introductions
Mayor Peterson introduced Mr. Tom Greenhalgh, newly appointed Park and Recreation Commissioner.
Mr. Greenhalgh thanked the Council and stated his background relative to Park and Recreation.
Mayor Peterson introduced Mr. William Peterson, newly appointed Park and Recreation Commissioner.
Mr. Peterson thanked the Council and stated his background relative to Park and Recreation.
4. Recognition - none
PUBLIC HEARINGS
A) Close the Public Hearing for Revocation/Suspension of Rental Housing License at 4612 Polk Street
Mayor Peterson closed the Public Hearing as the property has been brought into compliance with the
Residential Maintenance Code.
B) Close the Public Hearing for Revocation/Suspension of Rental Housing License at 4420-4422 Monroe
Mayor Peterson closed the Public Hearing as the property has been brought into compliance with the
Residential Maintenance Code.
C) Close the Public Hearing for Revocation/Suspension of Rental Housing License at 1035-1037 43 ½
Avenue NE
Mayor Peterson closed the Public Hearing as the property has been brought into compliance with the
Residential Maintenance Code.
D) Adopt Resolution 2001-46 being a Resolution for Rental Housing Revocation at 1224-1226 Circle
Terrace
Mayor Peterson closed the Public Hearing as the property has been brought into compliance with the
Residential Maintenance Code.
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E) Adopt Resolution 2001-47, being a Resolution for Rental Housing Revocation 1024-1026 45 Avenue
Fire Chief Charles Thompson provided background information on past inspections, notifications and
attempts to contact the property owner. The property owner was not present.
As there were no comments from the audience, Mayor Peterson closed the public hearing.
City Council Minutes
July 23, 2001
Page 8 of 18
MOTION
by Szurek, second by Williams, to waive the reading of Resolution No. 2001-47, there
Motion carried.
being ample copies available to the public. Upon Vote: All ayes.
MOTION
by Szurek, second by Williams, to adopt Resolution No. 2001-47, being a Resolution of the
City Council of the City of Columbia Heights approving Revocation pursuant to Ordinance Code
section 5A.408(1) of the Rental License held by Raymond Buganski regarding property at 1024-1026
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45 Avenue NE
Thompson stated letters would be sent to the residents, who would then have 90 days to vacate, if the
owner does not come into compliance.
Upon vote: Williams – aye, Szurek – aye, Wyckoff – aye, Nawrocki – aye, Peterson – aye. All ayes.
Motion carried.
RESOLUTION 2001-47
RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING
REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL
RENTAL LICENSE HELD BY RAYMOND BUGANSKI (HEREINAFTER "LICENSE HOLDER").
1024-1026
WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT
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45 AVENUE
, COLUMBIA HEIGHTS, MINNESOTA,
AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE
SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED
JUNE 5, 2001
HEREIN WAS GIVEN TO THE LICENSE HOLDER ON OF A PUBLIC HEARING TO BE HELD
JULY 23, 2001
ON .
NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND
REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA
HEIGHTS MAKES THE FOLLOWING:
FINDINGS OF FACT
October 20, 2000
1. That on, John Larkin, inspector for the City of Columbia Heights, inspected the property and
noted six violations. Compliance orders listing the violations were mailed by regular mail to the owner at the address
listed on the Rental Housing License Application.
December 28, 2000
2. That on, Matt Field and John Larkin, inspectors for the City of Columbia Heights,
inspected the property and noted that six violations remained uncorrected. Compliance orders listing the violations was
mailed by regular mail to the owner at the address listed on the Rental Housing License Application.
December 28, 2000
3. That on, Dana Alexon, Housing Enforcement Official for the City of Columbia Heights,
granted a six month extension due to the nature of the violations and the season of the year. The extension expired on
June 5, 2001.
June 5, 2001
4. That on, Matt Field, inspector for the City of Columbia Heights, inspected the property and noted
that six violations remained uncorrected. Compliance orders listing the violations and a letter advising of the City
Council action and revocation hearing was mailed by certified mail to the owner at the property at the address listed on
the Rental Housing License Application.
July 5, 2001
5. That on, Matt Field and Dan O’Brien, inspectors for the
City of Columbia Heights, inspected the property and noted that six violations remained uncorrected. Compliance
orders listing the violations and a letter advising of the City Council action and revocation hearing was mailed by
certified mail to the owner at the property at the address listed on the Rental Housing License Application.
City Council Minutes
July 23, 2001
Page 9 of 18
July 17, 2001
6. That on , Matt Field and Dan O’Brien, inspectors for the City of Columbia Heights, inspected the
property and noted that six violations remained.
7. That based upon said records of the Enforcement Officer, the following conditions and violations of the City’s
Residential Maintenance Code were found to exist, to-wit:
A. FAILURE TO CORRECT VIOLATION OF THE RESIDENTIAL
MAINTENANCE CODE
B. FAILURE TO SUBMIT REINSPECTION FEES OF $100.00
8. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate
notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d).
CONCLUSIONS OF COUNCIL
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1024-1026 45 Avenue
1. That the building located at is in violation of the provisions of the Columbia Heights
City Code as set forth in the Compliance Order attached hereto,
2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other
hearings relevant to the revocation or suspension of the license held by License Holder.
3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as
the case may be, have expired, or such rights have been exercised and completed.
ORDER OF COUNCIL
F4405
1. The rental license belonging to the License Holder described herein and identified by license number is
hereby revoked/suspended (cross out one);
2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the
license held by License Holder;
3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order
revoking the license as held by License Holder.
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Passed this 23 day of July, 2001
Motion by: Szurek
Second by: Williams
Roll call vote: Upon vote: Williams – aye, Szurek – aye, Wyckoff – aye, Nawrocki – aye, Peterson – aye.
Motion carried.
__________________________
Mayor Gary L. Peterson
_______________________________
Patricia Muscovitz, Deputy City Clerk
ITEMS FOR CONSIDERATION
A) Other Ordinances and Resolutions
1) First Reading of Ordinance No. 1432, being an Ordinance to Rescind the November 1997
Amendment to Ordinance 7.205 Pertaining to Nonmoving Violations
Chief Johnson stated this change is to correct where junk or abandoned vehicles are addressed in
the City Code and length of time before these vehicles can be removed.
City Council Minutes
July 23, 2001
Page 10 of 18
MOTION
by Williams, second by Szurek, to waive the reading of Ordinance No. 1432, there
Motion carried
being ample copies available to the public. Upon vote: All ayes. .
MOTION
by Williams, second by Szurek, to establish August 13, 2001, at approximately 7:00
p.m. as the Second Reading of Ordinance 1432, being an Ordinance to rescind the November 1997
Amendment to Ordinance 7.205 Pertaining to Nonmoving Violations.
Upon Vote: Williams – aye, Szurek – aye, Wyckoff – aye, Nawrocki – aye, Peterson – aye. All
Motion carried.
ayes.
ORDINANCE NO. 1432
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977,
AND PERTAINING TO PROHIBITED NONMOVING VIOLATIONS.
The City of Columbia Heights does ordain:
No person with title or custody of a motor vehicle shall abandon such vehicle as defined herein, anywhere with the
City.
For purposes of this chapter, an “abandoned motor vehicle” shall consist of:
(a) A motor vehicle which has remained in any one place on public property for a continuous period of 48 hours and
lacks vital component parts that are essential to the mechanical functioning of the vehicle, or is otherwise in
inoperable condition, or
(b) A motor vehicle which has remained on private property for a continuous period of 48 hours without the consent
of the person in control of such property.
Provided, however, that a classic car or pioneer car as defined in Minnesota Statutes Chapter 168.10, shall not be
considered as an abandoned motor vehicle within the meaning of subdivision (a).
is hereby amended to read as follows:
No person with title or custody of a motor vehicle shall abandon such vehicle as defined herein, anywhere with the
City.
For purposes of this chapter, an “abandoned motor vehicle” shall consist of:
(c) A motor vehicle which has remained in any one place on public property for a continuous period of 48 hours and
lacks vital component parts that are essential to the mechanical functioning of the vehicle, or is otherwise in
inoperable condition, or
(d) A motor vehicle which has remained on private property for a continuous period of 48 hours without the consent
of the person in control of such property.
First Reading: July 23, 2001
Second Reading: August 13, 2001
Date of Passage:
2) First Reading of Ordinance No. 1433, being an Ordinance change pertaining to the Disposition of
Unclaimed Property.
City Council Minutes
July 23, 2001
Page 11 of 18
Chief Johnson indicated that the Police Department has accumulated unclaimed money and is
requesting an Ordinance to dispose of it properly. The Ordinance is written following State
Statute, which allows disposal of property after 60 days, through use by the City, sale at public
auction, or destroyed. If unclaimed property were claimed within six months, it would be returned
with the option to deduct administrative costs. Johnson referred to the proposed departmental
procedure for disposition of unclaimed property.
Nawrocki questioned redemption up to six months after the sale. Johnson stated the owner would
have the right to the net proceeds from the sale, less administrative costs. Hoeft stated that the
property could be retained until these costs are paid. Thompson stated that removal of motor
vehicles is covered under State Statute; junk or abandon vehicles -15 days, and owner authorized
vehicles - 45 days.
MOTION
by Williams, second by Szurek, to waive the reading of Ordinance No. 1433, there
Motion carried.
being ample copies available to the public. Upon vote: All ayes.
MOTION
by Williams, second by Szurek, to establish August 13, 2001 at approximately 7:00
p.m. as the Second Reading of Ordinance 1433, being an Ordinance pertaining to the Disposition
of Unclaimed Property.
Upon vote: Williams – aye, Szurek – aye, Wyckoff – aye, Nawrocki – aye, Peterson – aye. All
Motion carried.
ayes.
ORDINANCE NO. 1433
BEING AN ORDINANCE OF THE COLUMBIA HEIGHTS CITY COUNCIL
PERTAINING TO THE DISPOSITION OF UNCLAIMED PROPERTY
The City of Columbia Heights does ordain:
The Chief of Police is authorized to administer the disposal of property lawfully coming into the possession
of the City and remaining unclaimed by the owner after sixty (60) days. The property may be used by the
City for its own purposes, or, sold to the highest bidder at a public auction, or, if determined by the Chief of
Police to have no value, destroyed.
A notice specifying the date, time, and place of any auction or sale shall be published in a newspaper of
general circulation throughout the City at least one week prior to such auction or sale.
The net proceeds of the auction or sale shall be placed in the City’s General Fund, subject to the right of the
former owner to payment of the net proceeds upon application and presentation of satisfactory proof of
ownership within six (6) months of the sale. Net proceeds means the sale price less all costs of handling,
publishing, storage or sale of the item. The City may, at its discretion, bill the owner for any costs that
exceed the revenues derived from the disposal.
This ordinance shall be in full force and effect from and after thirty (30) days after its passage.
First Reading: July 23, 2001
Second Reading: August 13, 2001
Date of Passage:
3) First Reading of Ordinance No. 1434, being an Ordinance Amending Ordinance No. 853
Pertaining to Parking on Landscaped Surfaces.
Chief Johnson indicated this item was also placed in the wrong area of the City Code.
City Council Minutes
July 23, 2001
Page 12 of 18
Nawrocki corrected the word “vent” in section 7 (1) to “event”. Hoeft stated that the Code
established two types of areas: hard surfaced and landscaped. Johnson stated that an
unauthorized vehicle is a vehicle that the property owner has not given permission to be parked on
their property. Nawrocki stated this is a harsh punishment if someone parks on their own property
on an area that is not hard surfaced. Hoeft stated the owner would have 15 days to move the
vehicle after the placement of an orange tag on it. Thompson stated that if a car were parked on a
street for 48 hours it would be towed. Nawrocki felt this was not consistent with other penalties.
Peterson stated that this was not changing the Code, but changing where this wording is located in
the code.
MOTION
by Williams, second by Szurek, to waive the reading of Ordinance No. 1434, there
Motion carried.
being ample copies available to the public. Upon vote: All ayes.
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Harold Hoium, 4315 5 Street, asked if vehicles could be up on blocks and considered to be on a
hard surface. Hoeft stated that would not be sufficient. Peterson stated items like little boats may
be considered acceptable, but vehicles could leak fluids.
MOTION
by Williams, second by Szurek, to establish August 13, 2001 at approximately 7:00
p.m. as the Second Reading of Ordinance 1434, being an Ordinance pertaining to Parking on
Landscaped Surfaces.
Upon vote: Williams – aye, Szurek – aye, Wyckoff – aye, Nawrocki – nay, Peterson – aye. 4 ayes,
Motion carried.
1 nay.
ORDINANCE NO. 1434
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AND
PERTAINING TO PARKING ON LANDSCAPED SURFACES
The City of Columbia Heights does ordain:
Section 7: Screening and landscaping
Every yard of any premises on which a dwelling or dwelling unit is located shall have installed
and maintained landscaping in accordance with the provisions of this section.
(i) Sodding and ground cover. All exposed ground area surrounding the principal building and
accessory buildings that are not devoted to driveways, parking areas, sidewalks, or patios, shall
be sodded or landscaped with shrubs, trees, gardens, or other ornamental landscape materials.
No landscaped area shall be used for the parking of vehicles or storage or display of materials,
supplies, or merchandise.
The owner of an unauthorized motor vehicle shall be given notice of violation by the City and
will be given fifteen (15) days to take corrective action. Corrective action shall be defined as:
(1) An owner has taken corrective action when the vehicle is legally parked and in compliance
with all applicable City Ordinances and State requirements for an operable vehicle on
public roads. In the vent corrective action was not taken within fifteen (15) days from the
notice of the violation, the city may take the vehicle into custody, impound it, and the
vehicle is eligible for disposal or sale as an unauthorized vehicle under section 168B.08, 45
days after notice to the owner.
This Ordinance shall be in full force and effective 30 days after its passage.
City Council Minutes
July 23, 2001
Page 13 of 18
First Reading: July 23, 2001
Second Reading: August 13, 2001
Date of Passage:
4) Second Reading of Ordinance No. 1430, being an Ordinance Authorizing the Conveyance of
Certain Real Estate located at 4401 Quincy Street NE in the City of Columbia Heights.
Fehst stated the conveyance of 4401 Quincy to Habitat for Humanity will allow for the building of a
twin home.
Wyckoff stated she contacted the former City Manager, Pat Hentges, who indicated the original letter,
referred to as an agreement was to get things going in the Sheffield district. Wyckoff felt the current 18
Habitat homes in Columbia Heights were enough and that this conveyance along with the Polk Street
sale would bring the Habitat homes in the community to 21. She contacted Habitat and they would not
give her the information on how many Habitat homes were in the surrounding communities. Wyckoff
indicated that a neighbor to the Polk Street home contacted the City several times to question
purchasing the property, and was told the City had other plans for it. Wyckoff expressed concern that
the City is selling the property to Habitat for $1 when it could be put up for bid to recoup City costs.
Wyckoff asked if the sale could be reversed. Wyckoff felt the home on Quincy could be sold on the
public market and the City could recover the $17,500 of tax money spent. She felt the City does not
need more affordable housing.
Nawrocki also opposed selling the properties to Habitat. He questioned if the Planning and Zoning
Commission concurred with the Quincy sale. Nawrocki indicated that Columbia Heights residents
should be given preference for Habitat homes in their community. He stated these funds should be
used to help current homeowners improve their homes, and that there is no binding agreement with
Habitat requiring these sales.
Fehst stated records indicate the sale of seven lots to Habitat, with six of these homes in the Sheffield
district. Columbia Heights residents can apply for a Habitat home. He stated the Economic
Development Authority (EDA) reports 75 improvement loans to residents in the last several years.
Fehst stated that the Quincy home has many code violations and is on the Scatter Site TIF list.
Williams felt there was a verbal agreement that should be honored, and this will bring new homes and
tax dollars into the community, while getting rid of a problem property.
Szurek agreed to the commitment of these lots to Habitat, but had requested they consider changing
the building design to fit the neighborhood. She stated she likes the unique design of the proposed
Quincy twin homes. Szurek felt Habitat homeowners make good neighbors.
Wyckoff stated she was not criticizing Habitat. She did not want to just give away the land, but
suggested Habitat bid on the property in an open bid process.
Peterson stated the City obligated to nine homes, and he believes in this program. He stated the only
problems that occur are occasionally during construction. He has attended several dedications
welcoming owners to the community, which are a very moving experience. Peterson stated that we are
reaching $1 million in rehab funds put into our community.
Nawrocki advocated doing more for people who live and pay taxes here. He questioned the number of
citations issued to the Quincy property. Peterson questioned if the Quincy home is rental property.
City Council Minutes
July 23, 2001
Page 14 of 18
Fehst stated a developer had looked at the Quincy property and was not interested in developing it.
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Harold Hoium, 4315 5 Street, stated there needs to be time and damage restrictions on the
construction of a Habitat home. He suggested burning the existing homes for firefighter training.
John Boreen, 4413 Quincy, questioned public access to records showing citations for code violations
and why the code was not enforced. When questioned as to what Mr. Boreen would like to see happen
on this property, he was not sure, but wanted the current code violations enforced. Szurek stated the
Building Inspector did create a list of problems at this house. Fehst stated this home was on the list to
consider for purchase when it became available. Boreen agreed to work with what ever the City
decided.
Ruth Matthews, 4429 Quincy, stated she has called the City four times on this property, because it is
so unkempt. She suggested a business could be placed there. Fehst stated that the built out value of
these homes would be very high.
Bill Powell, employee with Habitat for Humanity and resident at 3840 Reservoir Boulevard, stated
that Twin Cities Habitat for Humanity has built over 400 homes, most of which are in Minneapolis
and St. Paul. He stated that the Columbia Heights resident that applied in 1995 was selected for a
home on Taylor Street. Powell stated Habitat will spend $35,000 plus $9,000 for demolition on these
homes, with each new home valued at $150,000. Powell stated the City would gain $300,000 in value
for an investment of about $17,000. He indicated construction takes longer because volunteers do
most of the labor. Williams encouraged Habitat to keep the area clean and repaired during
construction.
Delores Strand, 1145 Polk Place, requested the properties be put up for bid on the open market, as
first and second ring homes are a high priority and very popular. She indicated that the last sale to
Habitat was not voluntary, and neighbors had requested the opportunity to bid on it. Strand indicated
the Sister Cities Committee wanted the Quincy home for a Polish museum. She felt an independent
inspector should look at the home. Fehst stated that our Building Official estimated $50,000 to
$80,000 to rehab the home. Strand felt Columbia Heights has done more than its share for Habitat.
John Hunter, 1009 42 ½ Street, was in favor of selling the homes to Habitat for Humanity, and
stressed the need for affordable housing. He stated that potential owners are even screened for a
criminal record. As for the similar designs, Hunter reminded Council that in the 60’s all homes were
“look-alikes”.
MOTION
by Szurek, second by Williams, to waive the Reading of Ordinance No. 1430, there
Motion carried
being ample copies available to the Public. Upon Vote: All ayes. .
MOTION
by Szurek, second by Williams, to adopt Ordinance No. 1430, being an Ordinance
Authorizing the Conveyance of Certain Real Estate located at 4401 Quincy Street NE in the City of
Columbia Heights.
Nawrocki repeated that the Planning and Zoning Commission has not approved the sale of this
property. Fehst stated that they looked at the redevelopment of the property and that included the
purchase and sale. Nawrocki stated there was not a formal review or findings of fact in their minutes.
Upon vote: Williams – aye, Szurek – aye, Wyckoff – nay, Nawrocki – nay, Peterson – aye. 3 ayes,
Motion carried.
2 nays.
City Council Minutes
July 23, 2001
Page 15 of 18
ORDINANCE No. 1430
BEING AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL ESTATE LOCATED
AT 4401 QUINCY STREET N.E. IN THE CITY OF COLUMBIA HEIGHTS
The City of Columbia Heights does ordain:
Section 1: Authorization of Sale of Real Estate. The City of Columbia Heights shall sell and convey unto
Twin Cities Habitat For Humanity the real property described as follows, to wit:
Lots 16, 17, and the South one half of Lot 18, Block 11, Columbia Heights Annex to
Minneapolis, Anoka County, Minnesota.
PIN 35 30 24 11 0054
Section 2: The Mayor and City Manager are herewith authorized to execute the quit claim deed to
effectuate the conveyance of said real estate for carrying out the terms of the SALE AND
DEVELOPMENT AGREEMENT and of this ordinance.
Section 3: This sale must meet all State and Federal Home Grant requirements prior to closing.
Section 4: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage.
First Reading: July 9, 2001
Second Reading: July 23, 2001
Date of Passage: July 23, 2001
Offered By: Szurek
Seconded By: Williams
Roll Call: Upon vote: Williams – aye, Szurek – aye, Wyckoff – nay, Nawrocki – nay, Peterson – aye. 3
Motion carried.
ayes, 2 nays.
________________________________
Mayor Gary L. Peterson
_______________________________
Patricia Muscovitz, Deputy City Clerk
B) Bid Considerations
C) Other Business
ADMINISTRATIVE REPORTS
A) Report of the City Manager
Wyckoff questioned if it would be possible for the interested resident to still purchase the property on
Polk Street. Hoeft referenced the Supreme Court case ruling in which a referendum could not stop the
sale. The sale must however, take 30 days. Wyckoff suggested Habitat talk to the neighbor about
selling it to him.
Fehst read a statement regarding the Police incident on July 17:
Congratulations and Thanksgiving As alarming as the most recent police incident in Columbia Heights
was, we should take time to thank the Almighty for blessing this City and the people in it. The violence
experienced in this brief, but awful period, surely solidifies the fact that the Police (as our former
Councilman says) are our last line of defense. The fact that no one died, and that our injured Police
Officers would seem to be on their way to a full recovery, and that everyone who had anything to do with
the effort to contain this event performed heroically is something we in Columbia Heights can be
City Council Minutes
July 23, 2001
Page 16 of 18
extremely proud of. I salute each and every Police Officer, Fire Fighter, and Public Works Employee, as
well as the private citizens who risked their lives in protecting and defending our community.
Chief Johnson stated that Officer McGeecGees out of the hospital, convalescing and doing better, and
Sgt. Deitz and the Minneapolis Officer are on guard for infections. He stated the Department is in a
recovery phase, and everyone is contributing.
Nawrocki stated everyone involved acted professionally, without excessive force, to bring the situation
under control. He stated Mr. Kordiak indicated we should have an opportunity for the community to
show its respect. Mr. Guzy and himself would be willing to work on a thank you opportunity for the
efforts made.
Wyckoff questioned how this suspect, with a past record, got a gun. Johnson indicated that after his
probation ended in 1977 and following no interaction with Police for ten years the purchase of
firearms was allowed; although private sales take place that Police are not aware of. He reminded
everyone “that bad people don’t go to gun stores”. Johnson stated he could not answer any further
questions, as the case is under investigation.
Szurek was pleased with how this incident was handled and grateful for the assistance of other
communities, rescue units, and to the neighbor that opened her door for Officer McGee. Szurek
referred to the psychological recover required after an experience like this.
Williams agrees that this was a wakeup call. Neighbors need to talk to other neighbors, and to
remember that Police are ordinary people trying to help us. We need to help one another and respect
one another.
Peterson stated his appreciation for everyone’s work and effort, and how proud he is of our Police
Department and all of our services. Peterson indicated he had spoken to Officer McGee today and he
sounded strong and thanked everyone for his or her support.
Randy McCarthy, Ackley, MN submitted a complaint that he insisted be read into the minutes. After
reviewing the document, the City Attorney indicated the complaint could not be read into the record
because it referenced specific incidents relative to an ongoing investigation.
Report of the City Attorney - none
GENERAL COUNCIL COMMUNICATIONS
A) Minutes of Boards and Commissions
1) Meeting of the July 2, 2001, Public Library Board of Trustees
2) Meeting of the July 2, 2001, Traffic Commission
3) Meeting of the July 10, 2001, Planning and Zoning Commission
4) Meeting of the June 26, 2001, Economic Development Authority
CITIZENS FORUM
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Allen Rue, Hylander Drive-In at the corner of 40 Avenue and 6 Street, requested permission to hold a block
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party on 6 Street on August 18, 2001. This would be a grand opening for his business and he would like
approval to park classic cars along the street.
City Council Minutes
July 23, 2001
Page 17 of 18
Johnson stated the application had been received and they planned to contact Mr. Rue to suggest he hold his
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event in conjunction with the August 7 National Night Out. Rue stated his preference for a Saturday event
from noon to 4:00 p.m. Peterson suggested getting the neighbor’s permission. Rue stated no alcoholic
beverages would be served. Johnson indicated that the Police Department researches and approves the
event, with a list of such events being forwarded to the Council.
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MOTION
by Nawrocki, second by Wyckoff, to authorize use of 6 Street for a block party/parking classic
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cars, subject to a petition from the neighbors along 6 Street showing the property owners involved
concurring with the event, and the approval of the Police Chief for standard block parties.
Szurek questioned why this request could not follow normal Police procedures.
Motion
Upon vote: Williams – aye, Szurek – aye, Wyckoff – aye, Nawrocki – aye, Peterson – aye. All ayes.
carried.
Wyckoff stated that she has been to the Hylander Drive-In and that the food was wonderful.
Delores Strand, Sister City Committee representative, thanked the Mayor and Council for the beautiful
gateway monument and flags, and stated that photos would be sent to our Sister City in Poland. She stated
that three Sister City Committee members would be leaving tomorrow for the global conference. Protocol for
flags was discussed. Hansen indicated that flags of countries should fly at the same height.
COUNCIL CORNER
Nawrocki referenced a letter received from the Heritage Foundation regarding the prior Dr. Good building
and possible historical significance. He asked that the City Manager and City Planner look into this and
report back to Council.
Nawrocki did not agree with the City Planner’s interpretation of the sign ordinance pertaining to the Casting
Theatre as the outside side dimensions of the sign exceed 100 square feet. Fehst stated that the City Attorney
and City Planner reviewed this sign, and if Council is not comfortable with this they could consider rewriting
that portion of the Ordinance. Williams stated we should be known as a City friendly for businesses. Hoeft
stated the unique difference is this sign is part of the structure.
Nawrocki indicated he has offered to host the October Suburban Rate Authority meeting, and has made
arrangements to use Murzyn hall.
Nawrocki stated that the Telecommunication Commission would be forwarding a request from the School
District for funds. He also stated there is a lot of expertise on this commission in telecommunications and
cable that the Council should utilize.
Nawrocki stated that he asked for information on 3817 Central at an EDA meeting regarding being on a list
of properties for potential negotiation of purchase and development. Fehst stated this has been discussed for
several years and all formal action would have to be taken by the Council or EDA, whoever purchases the
specific property. Nawrocki requested a copy of the meeting minutes indicating this.
Jerry Szurek, 4230 Madison Street, Block Captain of his neighborhood, thanked the Police for their action
taken during the incident last Tuesday. He thanked Mr. Fehst for accepting his opinions regarding trauma to
the neighborhood, and will work with Captain Roddy to help the neighborhood and the community.
City Council Minutes
July 23, 2001
Page 18 of 18
Nawrocki stated he was concerned with the appointment of the Mayor’s son to a City Commission as it may
affect people’s perception of appointments to boards and commissions. Williams supported the choice of
William Peterson for the Park and Recreation Commission because he is very qualified.
Williams wished Mr. Rue, owner of the Hylander Drive-In prosperity in his new business.
Peterson again stated the outstanding qualifications of his son to be on the Park and Recreation Commission.
Mayor Peterson - Remember: don’t take ourselves too seriously, enjoy life, and do a random act of kindness!
ADJOURNMENT
Mayor Peterson adjourned the meeting at 11:43 p.m.
_______________________________
Patricia Muscovitz, Deputy City Clerk