HomeMy WebLinkAboutApril 14, 2008OFFICIAL PROCEEDINGS
CITY OF COLUMBIA HEIGHTS
CITY COUNCIL MEETING
APRIL 14, 2008
The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on
Monday, April 14, 2008 in the City Council Chambers, City Ha11, 590 40th Avenue N.E., Columbia
Heights, MN.
CALL TO ORDER/ROLL CALL/INVOCATION
Rev. Bob Lyndes, Crestview Communities, gave the Invocation.
Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember
Diehm, Councilmember Kelzenberg
PLEDGE OF ALLEGIANCE -recited
ADDITIONS/DELETIONS TO MEETING AGENDA
Nawrocki requested to add discussion on the City newsletter and the replacement of Randy
Schumacher. Peterson added these items to the City Manager's report.
PROCLAMATIONS PRESENTATIONS RECOGNITION ANNOUNCEMENTS AND
GUESTS
A. Second annual Young Artists' Showcase winners sponsored by our local Sister Cities
Committee
First Place -Janet Cazares; Runners-Up -Gabe Griffith and Ellen Knealing
Dolores Strand, Sister Cities Co-Chair, stated this is the second year of the Young Artists'
contest. She introduced the three winners and their paintings were displayed. Ms. Cazares'
painting will be sent to Washington DC for the next round of judging. The top twenty paintings
from the Washington competition. will be displayed at the international conference. Janet
Cazares stated that she is a Columbia Heights High School Senior. She thanked the Sister Cities
group far this opportunity. Strand thanked Liz Bray, Recreation Prograr~~ Coordinator, for her
help and support of this program.
B_ Proclamation
National Library Week: April 14-I9, 2008
Mayor Peterson read the proclamation, stating this is the Library's 80`h anniversary. Katherine
Vesley, Library Board member, and Becky Loader, Library Director, accepted the
proclamation. Vesley thanked the City Council for their support. She stated that in our
community of 18,000 people, over 12,000 have library cards. The library is a wonderful place
to go for knowledge and camaraderie.
Peterson stated that the appreciation dinner for Columbia Heights volunteers will be held this
Wednesday.
C. Proclamation
Arbor Day and Month, 2008
Mayor Peterson read the Arbor Day and Month proclamation. Kevin Hansen, Public Works
Director, accepted the proclamation. This is our 15`h year as a Tree City USA.
D. Introduction
Carol Broennann, Secretary II-A Public Works
City Council Minutes
Monday, April 14, 2008
Page 2 of 22
Hansen introduced Carol, indicating she had worked for the City of St. Paul for 23 years and a
short time for the City of Golden Valley. Carol stated that she lives in Columbia Heights,
enjoys the community, and hopes to see it blossom.
Peterson stated that tomorrow he is invited to the 102°d birthday party for Evelyn Carr. Our
Sister City Committee is sponsoring a fundraising dinner on Sunday, Apri120t at Murzyn Hall
for the Children's Hospital in Lomianki, Poland.
E. Presentation by the High School Robotics team.
Peterson introduced Beth Fawley, Director of the High School Gifted and Talented Students,
and Max Ferrari, member of the Robotics Team. Fawley spoke to the creation of the 18 member
team, the sponsorship, and their Milwaukee competition experience. Ferrari demonstrated the
robot and explained the engineered design. The robot will be in the June Jamboree parade.
Nawrocki stated that this week marked the passing of Elaine (Olson) Hermundslie, wife of the
co-founder of Medtronic's.
CONSENT AGENDA
Walt Fehst, City Manager took Councilmembers through the consent agenda.
A. Approve the following minutes of the Columbia Hei htg s City Council meetings.
Motion to approve the minutes of the March 24, 2008 City Council meeting.
Motion to approve the minutes of the Apri17, 2008 Board of Review
Motion to approve the minutes of the Apri17, 2008 Seal Coat Public Improvement Hearing
Motion to approve the minutes of the Apri17, 2008 University Service Drive Hearing
B. Accept the minutes of the following Columbia Heights Boards and Commissions.
Motion to accept the minutes of the March 11, 2008 Library Board meeting.
Motion to accept the minutes of the April 1, 2008 Planning and honing Commission meeting.
C. Approve Gambling Permii for Immaculate Conception Church Fun Fest, August 8- i 0, 2008.
Motion to direct the City Manager to forward a letter to the State Charitable Gambling Control
Board indicating that the City of Columbia Heights has no objection to a gambling permit for
Immaculate Conception Church to conduc± bingo, raffles and p~.zll-tabs at their F~.zn Fest event
being held August 8 to 10, 2008 at 4030 Jackson Street NE, Columbia Heights; and
furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty-day
notice to the local governing body.
D. Adopt Resolution 2008-70, adopting changes in wade ranges and establishing; wa eg s for
seasonal and temporar~ployees for calendar year 2008.
Fehst indicated the increases are at the level requested by Council. Nawrocki indicated that he
listened to the meeting audio and the City Council did not agree to this. They also go beyond a
three percent parameter. He stated the disparity in a three percent increase of a Public Works
employee versus the City Manager. Nawrocki stated that no comparative information from
other communities was received.
Motion to waive the reading of the resolution, there being ample copies available to the public.
Motion to adopt Resolution 2008-70, adopting changes in wage ranges and establishing wages
for seasonal and temporary employees for calendar year 2008.
City Council Minutes
Monday, April 14, 2008
Page 3 of 22
RESOLUTION 2008-76
ADOPTING CHANGES IN WAGE RANGES AND ESTABLISHING WAGES FOR TEMPORARY PART-
TIME LIBRARY POSITIONS, SEASONAL PUBLIC WORKS POSITIONS, SEASONAL/TEMPORARY
RECREATION POSITIONS, AND INTERNS
WHEREAS, the City of Columbia Heights adopted a Wage Compensation Program far Non-Unionized City
Employees effective January 1, 1980 (Resolution 80-47), which indicated that on an annual basis, changes will be
adopted in Wage Ranges, based upon reliable survey data.
NOW, THEREFORE, BE IT RESOLVED, that the City of Columbia Heights establishes wage ranges for non-
unionized temporary part-time Library positions, seasonal Public Works positions, seasonaUtemporary Recreation
positions, and interns, as indicated on Schedule I, II, III, and IV, which are attached and on file in the office of the
City Manager; and
BE IT FURTHER RESOLVED that such schedules be effective January 1, 2008.
E. Adopt Resolution 2008-69, re~ardin~ the Labor Agreement between the City of Columbia
Heights and Law Enforcement Labor Services. Local 311. for calendar vears 2008, 2009, and
2010.
Fehst stated that in comparisons, our police officers have fallen below the standards, and are
able to go to binding arbitration. As a result, Council was made aware of an additional one
percent recommendation for their union. Fehst stated that comparison information is available
in the Hutnan Resources Department.
Motion to waive the reading of the resolution, there being ample copies available to the public.
Motion to adopt Resolution 2008-69, regarding the Labor Agreement between the City of
Columbia Heights and Law Enforcement Labor Services, Local 311, for calendar years 2008,
2009, and 2010.
RESOLUTION 2oas-G9
REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS
AND LAW ENFORCEMENT LABOR SERVICES, LOCAL 311, POLICE OFFICERS
WHEREAS, negotiations have proceeded between Law Enforcement Labor Services, Local 311, representing
Police Officers of the City, and members of the City negotiating team, and said negotiations have resulted in a
mutually acceptable contract for calendar years 2008, 2009, and 2010.
WHEREAS, a copy of said contract is available for inspection at the Office of the City Manager and is made a part
hereof by reference;
NOW, THEREFORE, BE IT RESOLVED that the contract agreement as negotiated, be and is hereby established
as the salary and fringe benefit program for calendar years 2008, 2009, and ZO10 for Law Enforcement Labor
Services, Local 311, Police Officers, bargaining unit employees of the City; and
BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this agreement.
F. Adopt Resolution 2008-45 re ag riling Penalties for Administrative Offenses as authorized by
City Code of 2005.
Fehst stated this is an administration item to bring the resolution in line with the numbering of
the re-codified City Code. Fehst referred to the legislative discussion against administrative
tags. The State collects $72 of any ticket, the County $40, and only $12 goes to the City. Most
cities have gone to administrative tags for lesser violations, which do not go against your
record. This does not overly penalize working class citizens for minor violations. Nawrocki
asked if there were additions or changes. Acting Chief Bill Roddy indicated that there were no
City Council Minutes
Monday, April 14, 2008
Page 4 of 22
changes in penalties or fees.
Motion to waive the reading of Resolution 2008-45, there being ample copies available to the
public.
Motion to adopt Resolution 2008-45 being a Resolution regarding Penalties for Administrative
Offenses within the City of Columbia Heights as Authorized by the Columbia Heights City
Code of 2005.
Resolution 2008-45 may be, found czt the end of this document.
G. Adopt Resolution No. 2008-63, being a resolution authorizing the cleaning and lining of 4,300
lineal feet of water main under the Minneapolis 2008 program, City Project No. 0803.
Fehst apologized that the feasibility report was not in the agenda packet. This is an affordable
way to clean city water. Hansen indicated the dramatic improvement seen from past cleaning
and lining projects. Water quality complaints are tracked and direct the cleaning or flushing of
lines. Nawrocki stated that he had to complain of dirty water five times last year and
encouraged residents with dirty water to contact the city. Hansen referred to the rust or
tuberculation that builds in the pipe and the need to clean or replace the pipe. The proposed area
will cost over $150,000. Williams asked the cost to replace that amount of pipe. Hansen stated
that cleaning and lining is 90 percent of the cost of new pipes, but lining does not include the
cost of street replacement. When street reconstruction is done, if possible, we replace the water
lines. Hansen stated that cleaning and lining would add 40 years usage to the pipes.
Motion to waive the reading of Resolution 2008-63, there being ample copies available for the
public.
Motion to adapt Resolution 2008-63, being a resolution which accepts the Feasibility Repart
for the 2008 Water Main Cleaning and Lining Program and orders the Public Improvement for
water main cleaning and lining of pipe totaling 4,300 linear feet, under the City of Minneapolis
water main cleaning and lining program far 2008.
<.G~ ;;,UTI ;^~ ~~~. 2CCo-t~i3
BEING A RESOLUTION ACCEPTING THE FEASIBILITY REPORT FOR THE 2008 WATER MAIN
CLEANING AND LINING PROGRAM AND ORDERING THE PUBLIC IMPROVEMENTS
WHEREAS, the City Council has initiated a water main cleaning and lining program under the City of
Minneapolis' annual cleaning and lining program.
WHEREAS, a report has been prepared by the Director of Public Works with reference to the 2008 Water Main
Cleaning and Lining Program, and
WHEREAS, the 2008 Water Main Cleaning and Lining Program includes the following main segments: Jackson
Alley: 50`n to S ls` Avenues;. Rainier Pass: Innsbruck Parkway to end; St. Moritz Drive: Innsbruck Parkway to end;
Innsbruck Parkway: Rainier Pass to St. Moritz Drive; Innsbruck Parkway: St. Moritz Drive to Argonne Drive;
Innsbruck Parkway: Argonne Drive to Pennine Pass; Pennine Pass: North Upland Crest to Innsbruck Parkway; and
4~tn Avenue: Main Street to 3`d Street.
WHEREAS, the report provides information regarding whether the proposed project is feasible, necessary and cost
effective, and
Said report is hereby received by the City Council of Columbia Heights on April 14, 2008
City Council Minutes
Monday, April 14, 2008
Page 5 of 22
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA
1. The Council will consider the improvement of such water mains in accordance with the report and the assessment
of water services to abutting or benefited property for all or a portion of the cost of the improvement pursuant to
Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $142,500.
2. Such improvement is necessary, cost-effective, and feasible.
3. Such improvement is hereby ordered as proposed in the Council Resolution adopted 14th of April, 2008,
4. These improvements shall also be known as Project No. 0803
5. The City Engineer, Kevin Hansen, is hereby designated as the engineer for this improvement. The engineer shall
prepare plans and specifications for the making of such improvement.
H. Adopt Resolution 2008-75, being a resolution awarding Street Striping and Resolution 2008-76
award of Seal Coat project.
Fehst indicated that this is done in conjunction with other cities for the quantity purchase cost
benefit.
Motion to waive the reading of Resolution No. 2008-75, there being ample copies available to
the public.
Motion to adopt Resolution No. 2008-75, being a resolution awarding the Joint Powers
Agreement Contract with the City of Coon Rapids for the 2008 Street Striping Project to AAA
Striping, based upon their low, qualified, responsible bid in the amount of $16.48 per gallon
with an estimated cost of $1,040.00 to be appropriated from Fund 212-43190-4000 and $320.00
to be appropriated from Fund 101-43170-4000.
RESOLUTION NO. 2008-75
RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 2008 STREET MAINTENANCE,
STRIPING PROJECT TO AAA STRIPING
WHEREAS, the City Council of Columbia Heights entered into a joint powers agreement with the City of Coon
Rapids to administer the public bidding process including entering into a contract with the low, qualified,
responsible bidder, and
WHEREAS, pursuant to an advertisement for bids for 2008 Street Striping, bids were received, opened and
tabulated according to law. The following bids were received complying with the advertisement:
Company Amount
AAA Striping $ 60,404.00
Traffic Marking Service $ 62,700.00
FahrnerAsphalt $ 71,190.00
WHEREAS, it appears that AAA Striping of Rogers, Minnesota is the lowest responsible bidder.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA:
1. The City of Coon Rapids is hereby authorized to enter into a contract with AAA Striping on behalf of the City
of Columbia Heights for 2008 Street Striping, according to the specifications for said project and accepting Traffic
Markings Base Bid.
2. The City Manager of Columbia Heights is authorized to expend fiords in accordance with the terms of the
Joint Powers Agreement and the Bid Documents.
3. City Street Striping Project shall be funded with 85% State Aid maintenance funds and 15°ro general funds.
Motion to waive the reading of Resolution No. 2008-76, there being ample copies available to
the public.
Motion to adopt Resolution No. 2008-76, being a resolution awarding the Joint Powers
City Council Minutes
Monday, April 14, 2008
Page 6 of 22
Agreement Contract with the City of Coon Rapids for the 2008 Seal Coat Project to Allied
Blacktop Coir~pany, based upon their low, qualified, responsible bid in the amount of $1.25 per
gallon of emulsion and $0.73 per square yard of aggregate with an estimated cost of $70,328.41
to be appropriated from Fund 415-50801-5130 and $79,102.00 to be appropriated from Fund
430-46323-5130.
RESOLUTION N0.2008-76
RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 2008 STREET MAINTENANCE,
SEAL COATING TO ALLIED BLACKTOP COMPANY
WHEREAS, the City Council of Columbia Heights entered into a joint powers agreement with the City of Coon
Rapids to administer the public bidding process including entering into a contract with the low, qualified,
responsible bidder, and
WHEREAS, pursuant to an advertisement for bids for 2008 Street Maintenance, Seal Coating bids were received,
opened and tabulated according to law. The following bids were received complying with the advertisement:
Base Bid Amount Alternate Bid Amount
Company Trap Rockj Granite
Allied Blacktop Company $ 1,365,932.31 $ 1,253,193.18
Asphalt Surface Technologies $ 1,536,46b.93 $ 1,461,307.51
Pearson Brothers $ 1,821,897.42 $ 1,746,738.00
WHEREAS, it appears that Allied Blacktop of Maple Grove, Minnesota is the lowest responsible bidder.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA:
1. The City of Coon Rapids is hereby authorized to enter into a contract with Allied Blacktop Company on
behalf of the City of Columbia Heights for 2008 Street Maintenance Seal Coating, according to the specifications
for said project.
2. The City Manager of Columbia Heights is authorized to expend funds in accordance with the terms of the
Joint Powers Agreement and the Bid Documents.
3. City Seal Coat Project shall be funded with 45% assessments and 55% infrastructure fund.
I. Adopt Resolution No. 2008-78, being a resolution adopting the City Street Sweeping Policy
Hansen stated That this stipulates the sweeping policy for local streets. Streets are swept four
times a year and alleys are swept once a year. Certain areas are swept first for environment
purposes, such as near Lakes and ponds to keep sediments from them.
Motion to waive the reading of Resolution No. 2008-78, there being ample copies available to
the public.
Motion to adopt Resolution No. 2008-78, being a resolution adopting the City Street Sweeping
Policy for the City of Columbia Heights.
RESOLUTION NO. 2008-78
RESOLUTION ADOPTING THE STREET SWEEPING POLICY
WHEREAS, a Street Sweeping Policy has been developed and recommended by City staff; and
WHEREAS, adoption of said policy has been determined to be in the best interest of the City of Columbia Heights
and is recommended by the League of Minnesota Cities; and
WHEREAS, the Policy divides the city into street sweeping districts and defines the frequency and procedure of
sweeping City streets; and
WHEREAS, the Policy identifies that sensitive watershed areas will be swept first; and
City Council Minutes
Monday, April 14, 2008
Page 7 of 22
WHEREAS, the Policy is consistent with the City of Columbia Heights Storm Water Pollution Prevention
Program (SWPPP).
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Columbia Heights that said Street
Sweeping Policy is hereby approved and adopted.
J. Approve capital equipment replacement of unit #216 John Deere Mode1260 Skid Steer Loader,
quipped with bucket and pallet fork attachments from the State of Minnesota Purchasing
Contract.
Nawrocki asked how the trade-in price is determined. Hansen stated that vendors reviewed our
current unit and indicated the amount in their bid. Steve Synowczynski gave the trade in details.
This machine will have tracks and allow us to get into swamp or sand areas. These situations
ruined four sets of tires over the life of the other unit.
Motion to authorize the purchase from the State of Minnesota Purchasing Contract one (1) new
Cat 247B2 skid steer track loader, equipped with bucket and pallet fork attachments from
Ziegler Caterpillar in the amount of $21,335 including trade-in plus sales tax. Funding is
provided in equal amounts from the Street and Parks Capital Equipment Replacement Funds
431-43121-5080 and 431-45200-5080.
K. Adopt Resolution No. 2008-79, being a resolution adapting the City Sanitary Sewer
Maintenance Policy
Hansen stated this policy was last approved in 2002. A model from the League of Minnesota
Cities is adapted for our city. It indicates that we clean every line on a three year cycle and
trouble lines once a year. The policy also covers emergency issues.
Motion to waive the reading of Resolution No. 2008-79, there being ample copies available to
the public.
Motion to adopt Resolution No. 2008-79, being a resolution adopting the Sanitary Sewer
Maintenance Policy for the City of Columbia Heights.
RESOLUTION NO. 2008-79
RESOLUTION ADOPTING THE SAI`IIT<<:RY SE~TIER T/IAIIeTTEl`I4NCE POLICY
WHEREAS, a Sanitary Sewer Maintenance Policy has been developed and recommended by City staff; and
WHEREAS, adoption of said policy has been determined to be in the best interest of the City of Columbia Heights
and is recommended by the League of Minnesota Cities; and
WHEREAS, a Sanitary Sewer Maintenance Policy is consistent with the City of Columbia Heights
Inflow/Infiltration Reduction Program; and
WHEREAS, the policy defines the methods and procedures for adequate and routine maintenance of the sanitary
sewer system; and
WHEREAS, the Policy divides the city into sewer maintenance districts and defines the frequency of sewer
cleaning.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Columbia Heights that said Sanitary
Sewer Maintenance Policy is hereby approved and adopted.
L. Adopt Resolution No. 2008-77 being a resolution accepting~bids and awarding a contract for
citesproject #0800: 2008 Miscellaneous Concrete Repairs and Installations.
City Council Minutes
Monday, April 14, 2008
Page 8 of 22
Motion to waive the reading of Resolution No. 2008-77, there being ample copies available to
the public.
Motion to adopt Resolution No 2008-77, being a resolution accepting bids and awarding the
2008 Miscellaneous Concrete Repairs and Installations, Municipal Project #0800 to Ran Kassa
Construction, Inc., based upon their low, qualified, responsible total bid in the amount of
$37,496.20 with funds to be appropriated from Fund 401-50800-4000; and, furthermore, to
authorize the Mayor and City Manager to enter into a contract for the same.
RESOLUTION NO. 2008-77
RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE 2008 MISCELLANEOUS
CONCRETE REPAIRS AND INSTALLATIONS, TO RON KASSA CONSTRUCTION, INC.
WHEREAS, pursuant to an advertisement for bids for City Project No. 0800, Miscellaneous Concrete Repairs and
Installations, bids were received, opened and tabulated according to law. The following bids were received
complying with the advertisement:
Bidder TOTAL
Ron Kassa Contruction, Inc. $37,496.20
Standard Sidewalk Inc. $44,324.75
Concrete Ideas, Inc. $45,731.00
Create Constructions, LLC $46,785.60
WHEREAS, it appears that Ron Kassa Construction, Inc., 6005 250`h St E, Elko, 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 Ron Kassa Construction,
Inc. in the name of the City of Columbia Heights, for the 2008 Miscellaneous Concrete Repairs and Installations,
City Project No. 0800, 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 lowest bidder shall be retained until. the contract
has been signed.
3. City Project No. 0800 shall be funded with State Aid Maintenance Fund, General Fund, Park Fund, Street
Fund, Sewer and Water Fund and PIR funds.
M. A~~roval of the attached lice of rental housing license applications, in that they have met the
requirements of the Residential Maintenance Code.
Motion to approve the items listed for rental housing license applications for April 14, 2008.
N. Approve Business License Applications
Motion to approve the items as listed on the business license agenda for April 14, 2008 as
presented.
O. Approve payment of the bills.
Motion to approve payment of the bills out of the proper fund as listed in the check register
covering Check Number 125282 through Check Number 125510 in the amount of
$1,495,678.75.
Motion by Williams, second by Nawrocki, to approve the Consent Agenda items. Upon vote: All ayes.
Motion carried.
ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions
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Monday, April 14, 2008
Page 9 of 22
1. Adopt Resolution No. 2008-68 being a Resolution approving; a Minor Subdivision for
property at 4910 Central Avenue
Jeff Sargent, City Planner, indicated that Border Foods, parent company of Taco Bell is
requesting to split twelve feet from their adjacent property to camplete the new Taco Bell
project. They have agreed to demolish the blue car wash. The Planning and Zoning
Commission approved the plan as it complies with our zoning code. Staff has worked with
Border Foods on the site and building plans, and staff recommended approval of the minor sub-
division.
Nawrocki asked how this differs from the previous plan. Sargent stated that the first proposal
included development of a Starbucks at 4910 Central. Both businesses would have required a
drive-through, and required variances and design guidelines changes. This was a negotiated
redesign and we are pleased with their cooperation. There are two deviations in the project: the
short side of the building will face Central Avenue to allow for the drive-through and the
building has a 20 foot height with only a 22 foot cornice. Building colors have been toned to
follow guidelines, more windows were included, and brick and stucco have been incorporated
into the appearance. Sargent described the signage. Nawrocki referred to snow removal issues,
indicating that they could be better corporate citizens. Sargent stated that this design would
have more green space allowing more snow storage space. This will be a brand new facility and
they will want to take care of it.
Diehm thanked the applicant and staff for bringing this forward. She stated that she is
impressed with the building's appearance, disappointed there won't be a Starbucks, and happy
the car wash will be demolished. She commented that their guest, a German exchange student,
wanted to eat at Taco Bell before he went back to Germany.
Deb Johnson, 4626 Pierce Street, asked why the drive through was not on the north side.
Sargent stated that the orientation of the building was determined by the drive-up window
requirements.
Motion by Williams, second by Kelzenberg, to waive the reading of Resolution 2008-68, there
being ample copies available to the public. Upon vote: All ayes. 1Vlotion carried.
Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2008-68, being a
Resolution approving a Minor Subdivision of the property located at 4910 Central Avenue,
subject to the conditions outlined in Resolution No. 2008-68. Upon vote: All ayes. Motion
carried.
Fehst asked how long the Taco Bell would be out of business. The business representative
indicated 90 to 100 days.
RESOLUTION NO. 2008-68
RESOLUTION APPROVING A MINOR SUBDIVISION WITH CERTAIN CONDITIONS
FOR BORDER FOODS, INC.
WHEREAS, a proposal (Case No. 2008-0401) has been submitted by Border Foods, Inc. to the City Council
requesting a subdivision from the City of Columbia Heights Subdivision Code at the following site:
ADDRESS: 4910 Central Avenue
EXISTING LEGAL DESCRIPTION: On File at City Hall
PROPOSED LEGAL DESCRIPTION: On File at City Hall
THE APPLICANT SEEKS APPROVAL OF A MINOR SUBDIVISION.
City Council Minutes
Monday, April 14, 2008
Page 10 of 22
WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission
regarding the effect of the proposed subdivision upon the health, safety, and welfare of the community and its
Comprehensive Plan, as well as any concerns related to traffic, property values, light, air, danger of fire, and risk to
public safety, in the surrounding area; and has held the required public hearing on this proposal on April 1, 200$.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the
proposal, that the City Council accepts and adopts the following findings of the Planning Commission:
1. The proposed subdivision of land will not result in more than three lots.
2. The proposed subdivision of land does not involve the vacation of existing easements.
3. All lots to be created by the proposed subdivision conform to lot area and width requirements established for
the zoning district in which the property is located.
4. The proposed subdivision does not require the dedication of public rights-of--way for the purpose of gaining
access to the property.
5. The property has not previously been divided through the minor subdivision provisions of this article.
6. The proposed subdivision does not hinder the conveyance of land.
7. The proposed subdivision does not hinder the making of assessments or the keeping of records related to
assessments.
8. The proposed subdivision meets all of the design standards specified in the §9.114.
FURTHER, BE IT RESOLVED, that the attached condition, plans, maps, and other information shall become part
of this subdivision approval.
CONDITIONS:
1. In conjunction with the issuance of a demolition permit for the building at 4900 Central Avenue, the applicant
shall obtain a demolition permit for the building located at 4910 Central Avenue. The demolition of the existing
car wash at 4910 Central Avenue shall occur prior to the issuance of a building permit for the construction of the
new Taco Bell building. The applicant shall also restore the ground layer at 4910 Central Avenue with seed or
sod.
2. 1st Reading of Ordinance No. 1543 being an Ordinance authorizin cg onveyance of certain
real estate located at 3710 3718 and 3722 Central Avenue
Kirsten Partenheimer, Community Development, indicated items 2 and 3 are for the same
property. Past practice is that the EDA works with redevelopment projects, which this allows.
The City owns three of the parcels in this project.
Nawrocki stated that this request is premature. The development access will come in through
the alley, which is adjacent to residential areas from 37`h to 39`h. He stated safety concerns for
thts sate. The cost ±o acquare the properties has come from grants, byt the btggeCt sl?are of the
cost has been public money and this asks for additional funds.
Williams stated that we have met with the neighbors and the alley will betaken care of.
Community block grant money is meant for this type of action. This has been in process for
about eight years and will be a positive for our city. Scott Clark, Community Development
Director, stated that approving the development agreement establishes performance
requirements. It includes regulatory approval of the Planning and Zoning Commission and must
fulfill the building permit process.
Nawrocki spoke negatively of the "process" and indicated things should be discussed first.
Motion by Williams, second by Williams, to waive the reading of Ordinance No. 1543, there
being an ample amount of copies available to the public. Upon vote: Kelzenberg, aye;
Williams, aye; Diehm, aye; Nawrocki, abstain; Peterson, 4 ayes - 1 abstention. Motion
carried.
Motion by Williams, second by Kelzenberg, to set a Second Reading of Ordinance No. 1543
Ciry Council Minutes
Monday, April 14, 2008
Page 11 of 22
for approximately 7:00 pm on Monday, Apri128, 2008. Upon vote: Kelzenberg, aye; Williams,
aye; Diehm, aye; Nawrocki, abstain; Peterson, 4 ayes -1 abstention. Motion carried.
3. Adopt Resolution 2008-71, Approvinu a Contract for Private Redevelopment
Motion by Williams, second by Kelzenberg, to waive the reading of Resolution 2008-71, there
being an ample amount of copies available to the public. Upon vote: Kelzenberg, aye;
Williams, aye; Diehm, aye; Nawrocki, abstain; Peterson, 4 ayes - 1 abstention. Motion
carried.
Motion by Williams, second by Kelzenberg, to adopt Resolution 2008-71, a Resolution
approving a contract for private redevelopment between the City of Columbia Heights, the
Columbia Heights Economic Development Authority and 37th and Central LLC; and
furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same.
Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, abstain; Peterson, 4 ayes -
1 abstention. Motion carried.
Peterson stated that we are doing this in the proper sequence.
RESOLUTION NO. 2008-71
RESOLUTION APPROVING A CONTRACT FOR PRIVATE REDEVELOPMENT BETWEEN THE
CITY OF COLUMBIA HEIGHTS, THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT
AUTHORITY AND 37TH AND CENTRAL, LLC
BE IT RESOLVED By the City of Columbia Heights (the "City") as follows:
Section 1. Recitals.
1.01. The City of Columbia Heights, the Economic Development Authority (the "Authority") and 37"' and
Central LLC (the "Redeveloper") have proposed to enter into a Contract for Private Redevelopment, (the
"Contract"} setting forth the terms and conditions of the sale and subsequent redevelopment of certain property
owned by the City, generally located on the southwest corner of 37`h and Central Avenue.
I.02. The City believes that the building located on the Redevelopment Property is obsolete, with the result
that the developer will incur significant costs to address these substandard conditions in order to redevelop the
property.
1.03. In order to assist the Redeveloper in making redevelopment of the property economically feasible, the
City will convey the City Parcels by quite claim deed to the Authority for later conveyance to the Redeveloper,
and will provide financing and grant funds for acquisition and demolition, subject to all the terms and conditions
of the Contract.
1.04. The City has reviewed the Contract and finds that the execution thereof and performance of the City's
obligations thereunder are in the best interest of the City and its residents.
1.05. The Authority approved the Contract on April 1, 2008.
Section 2. Cit~pproval; Further Proceedings.
2.01. The Contract as presented to the City is hereby in all respects approved, subject to modifications that do
not alter the substance of the transaction and that are approved by the Mayor and City Manager, provided that
execution of the documents by such officials shall be conclusive evidence of approval.
2.02. The Mayor and City Manager are herby authorized to execute on behalf of the City the Contract and any
documents referenced therein requiring execution by the City, and to carry out, on behalf of the City its
obligations thereunder.
4. Adopt Resolution 2008-67 being a resolution establishing a Construction Fund for the
Public Safety Building.
Fehst stated this would establish a temporary construction fund from the Housing fund, and
allow use of funds until the bond can be accessed and allow us to proceed with the project.
Nawrocki questioned how the $600,000 figure was determined. Fehst stated that was the
original purchase amount of the building. Nawrocki stated concern that the $10.5 million bond
City Council Minutes
Monday, April 14, 2008
Page 12 of 22
request changed to $11.5 million. Nawrocki referred to the numerous different funds used by
the city, which he tries to follow, but is not given a complete list. Fehst stated that most funds
are established by Council or State Statute. This would allow for over-runs. Nawrocki stated
that this would require the city to again buy the land that we have already bought and given to
the EDA. It was expected to recoup the money through sale of the land to a developer. Fehst
stated the land was transferred to the EDA, as they handle development. This fund would allow
us to pay bills as they come in. Nawrocki stated that initially Buetow and Associates were paid
from the City Council's budget.
Dwayne Morrell, 4212 Reservoir Boulevard, asked if this building project was already
approved, as this is the first he has heard of it. Fehst indicated this has been discussed for one
and one-half years. Dwayne asked if fundraising was considered to reduce the amount of a
bond. At the end of the bond period, will that amount be subtracted from the taxes? Fehst stated
yes. Morrell suggested other sites for the building. Fehst listed other sites considered and the
reasons they were not viable. Morrell stated he spoke to Councilmember Nawrocki who
indicated that the police need a new facility and the fire department could use the vacated area.
Fehst indicated the space needs report is available for review and indicated the Fire
Department's duties and requirements. Morrell suggested the use of Surety Bonds, and
questioned if the city was compensated for the incomplete K-mart site. Fehst stated that the tax
increment would be paid in a short amount of time.
Nawrocki again questioned the housing fund. Fehst stated that he would make available the
Council action to approve this fund.
Motion by Williams, second by Diehm, to waive the reading of Resolution 2008-67, there
being ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Williams, second by Diehm, to adopt Resolution 2008-67 being a resolution
establishing a construction fund for the public safety building.
Nawrocki asked what the funds would be used for. Fehst indicated it would begin with the
architect and construction manager.
Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes
- 1 nay. Motion carried.
RESOLUTION NO. 2008-67
BEING RESOLUTION ESTABLISHING A CONSTRUCTION FUND FOR THE
PUBLIC SAFETY BUILDING
WHEREAS, the City of Columbia Heights has initiated the process of constructing a new public safety building;
and
WHEREAS, to facilitate proper accounting for all revenue and expenses related to this project, it is necessary to
establish a construction fund; and
WHEREAS, temporary funding is needed until bond proceeds are received; and
WHEREAS, the City Council desires to establish a reserve fund to cover potential project overruns and/or to
provide additional improvements to the site;
City Council Minutes
Monday, April 14, 2008
Page 13 of 22
NOW, THEREFORE, BE IT RESOLVED that fund 417, Public Safety Building Construction, be established to
account for construction revenue and expenses;
BE IT FURTHER RESOLVED that $600,000 be transferred from the Housing Maintenance fund 407 to provide
startup funding until bond proceeds are received.
BE IT FURTHER RESOLVED that when bond proceeds are received the initial startup capital of $600,000 be
transferred to the General Government Building fund and reserved for site improvements or other project costs
until such time as the public safety building is completed.
B. Bid Considerations -none
C. Other Business
Consideration of salary increase for the City of Columbia Hei htg s Mayor and Council
members.
Fehst stated that the City Charter requires any Council salary adjustments be considered prior to
a newly seated council and not take effect until following the next election. The last increase for
the City Council was 20 years ago. Following that, the salary of the Mayor was reduced from
$1.3,000 to approximately $9,000. When the salary was reduced it, it was to the 1982 salary
level. Fehst stated that it is appropriate to consider an increase for the City Council and should
be completed for the Mayor's position. In the council/manager form of government, the Mayor
plays an integral part in city issues and is ultimately responsible for the Police Department. The
Mayor, as Council appointed representative, has been very involved in meetings for the new
gymnasium and the Public Safety facility, where his extensive knowledge in construction has
been very helpful. Fehst suggested the Mayor's salary be increase for at least the two years
through the construction teen, with a possible sunset clause. Also, council members should
consider a cost of living increase.
Diehm stated it is important to note that the salary being set is for the future. It is an oddity that
in the past the Mayor's salary was decreased. We spent a lot of tune looking at the salaries of
Mayors and Councilmembers of other cities. Diehm stated her support of an increase in the
Mayor's salary, and indicated that currently Councilmembers are compensated similarly to
other communities.
Williams indicated his long-time support that the Mayor should be compensated more,
especially with his construction background. Williams stated that when he filed for office he
did not know that Councilmembers received a salary.
Nawrocki stated he does not support any increase in the Councilmember's or Mayor's salary.
The history of the decrease was not given; there were elections at issue. Also, Columbia
Heights is one of the few cities that allow members of Council to partake in hospitalization
benefits, which several members do. Family coverage is $7,740 a year. Nawrocki listed three
cities where salaries and benefits exceed the amount received here. Fehst referred to the
suggested amount as the same amount given twenty years ago. He suggested this at least be
carried out for a period of two years during the aforementioned construction projects. Nawrocki
again referred. to the history of the salary decrease.
Peterson stated that in 1988 the Council voted to increase the Mayor's salary to $13,800,
following which then Mayor Nawrocki lost the election. His salary ended at $12,000. The
salary was lowered in 1994 by then. Mayor Murzyn. Peterson stated that hospitalization was in
addition to that amount also. Nawrocki stated that hospitalization cost less then.
City Council Minutes
Monday, April 14, 2008
Page 14 of 22
Peterson stated that no one is sitting on the Council for the money. He stated that he did not
instigate this request, but someone that has benefited more than anyone in this community and
is receiving retirement benefits of $85,000 from the Mayor's job that paid a meager $12,000 a
year is saying something. Nawrocki stated that was an improper statement, as mast of his
retirement benefits are based on years served as Executive Director. Discussion included "high-
five" years of service and PERA benefits.
Fehst stated that PERA pensions are a public record that anyone can check, and brought the
issue back to topic. The Mayor's salary today is the same as it was in 1982. The Mayor is very
helpful to staff with his 35 years of construction experience. It is valuable to have him at the
meetings.
Peterson stated his desire to pull this item from discussion. He stated that he also did not know
that Councilmembers were paid when he ran for office.
Motion by Kelzenberg, second by Dielnn to approve, following the 2008 municipal. election, a
salary increase for the City of Columbia Heights Mayor to $13,800 per year.
Williams stated that when this was discussed at a work session, the Mayor was not present and
this makes him uncomfortable as he does everything for the city and spends and inordinate
amount of time doing so, but does not do so for the money. Williams stated his appreciation for
all the Mayor does for our community. This request has been driven by Council.
Diehm stated again that Councilmembers spent a lot of time reviewing comparable
communities and our mayor's salary is down and it is important to bring it up to standard.
Nawrocki stated that there was not much information provided at the work session and it was
not the Council that brought this forward, it was the City Manager pushing for it. As for the
public safety building, Nawrocki stated that he has asked to see plans other than line drawings.
He happened to be in the Fire Department and they were looking at two options. Fehst stated
that the plans were received only last week. Nawrocki again requested to see a comparable
facility. Peterson stated that this discussion was not relevant to the motion. Nawrocki stated that
he has requested to be involved in this process, as he also has extensive experience.
Kelzenberg called for the question. Seconded by Williams.
Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, abstain. 3
ayes, 1 nay, 1 abstention. Motion carried.
Peterson asked for motion on Councilmember salary increases. Unanimously, no motion was
received.
Peterson. stated that one mayor that received the $13,800 salary donated half of it to SAGA.
PUBLIC HEARINGS
A. Adopt Ordinance 1541, being and Ordinance providing for the issuance and sale of up to
$11 500 000 in General Obligation Public Safety Center Bonds Series 2008B
Fehst stated this is the second reading of the bond sale.
City Council Minutes
Monday, April 14, 2008
Page 15 of 22
Nawrocki reiterated that this is premature and there is not good information on the cost of the
building, the plans are not construction drawings, and there is no cost effectiveness in the plans
with all of the cubicles. Fle will visit Bloomington to see their police department. Nawrocki
requested estimates to maintain the building and what the plan is for the present building.
Current construction bids should be less because of the economy. The $10.5 million may be
high and part of the $11.5 million is to give the EDA $600,000. Nawrocki stated that he could
support a police building and could come to accept it would be a public safety facility, but he
would not support the $11.5 million bond.
Motion by Kelzenberg, second by Williams, to waive the reading of Ordinance 1541, there
being ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Kelzenberg, second by Williams, to adopt Ordinance No. 1541, being an ordinance
providing for the issuance and sale of up to $11,500,000 in General Obligation Public Safety
Center Bonds, Series 2008B.
Motion to amend by Nawrocki, to change the amount from $11.5 to $10.5 million.
Williams questioned if the bids are less can we return the difference? Fehst stated that could not
be done and you can not snake money on the money you borrow. Nawrocki stated that you can
build in the criteria when you get the bond payoff schedule. Fehst stated bonds can usually be
traded after eight years.
Mayor Peterson called for a second to the amendment. A second was not received. Motion died
for lack of a second.
Upon vote of the original motion: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay;
Peterson, aye. 4ayes - 1 nay. Motion carried.
Peterson stated that this is a move in the right direction to build a public safety building for our
community.
OKlliNANCIu 1V (). 1541
ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF UP TO
$11,500,000 GENERAL OBLIGATION PUBLIC SAFETY CENTER BONDS, SERIES 2008B
THE CITY OF COLUMBIA HEIGHTS DOES ORDAIN:
1. It is hereby determined that:
(a) The City of Columbia Heights (the "City"} has determined a need to construct and equip an approximately
40,000 square foot police and fire facility (the "Public Safety Center") on a site bounded by 415` Avenue, Jackson
St, 42"d Avenues and Central Avenue (the "Site"), including landscaping and other site improvements related to the
Public Safety Center, and landscaping and other site improvements on the remainder of the Site (together, the "Site
Improvements"). The Public Safety Center and all Site Improvements are referred to as the "Project."
(b) The City has determined to finance the costs of tihe Project, including all hard and soft costs and bond issuance
costs, through the issuance of general obligation bonds under the Charter of the City of Columbia Heights (the
"Charter").
(c) It is necessary and expedient to the sound financial management of the affairs of the City to issue its General
Obligation Public Safety Center Bonds, Series 2008B (the "Bonds"), in a principal amount not to exceed
$11,500,000, pursuant to the Charter to provide financing for the Project.
Ciry Council Minutes
Monday, April 14, 2008
Page 16 of 22
(d) The City is authorized by Minnesota Statutes, Section 475.60, Subdivision 2(9} to negotiate the sale of the
Bonds, it being determined that the City has retained an independent financial adviser in connection with such sale.
2. Ehlers & Associates, as financial advisor to the City, is authorized to negotiate the sale of the Bonds
in the maximum principal amount specified in Section 1(c), in accordance with the terms of proposal approved by
the City Manager and the City Finance Director. The City Council will meet on 3uly 14, 2008 or such other date
specified by the City Manager in accordance with the Charter, to consider the sale of the Bonds and take any other
appropriate action with respect to the Bonds.
3. This ordinance shall be in full force and effect from and after thirty (30) days after its publication in a
legal newspaper of general circulation in the City.
B. First reading of Ordinance 1542 being an Ordinance to amend Chapter 8, Article II of City
Code which covers Public Nuisances.
Fire Chief Gary Gorman indicated that often abatements brought to Council are outdoor items
such as appliances, trash, snow shoveling, etc. Current policy requires one to two months to
abate these issues. The City of Minneapolis lists such nuisances by resolution for abatement,
such as we currently use for junk vehicles and tall grass. The property would be posted,
allowing 96 hours for correction. If the violation is not corrected, abatement would take place.
Jim Hoeft, City Attorney, stated that the resolution would not list nuisances, as they are already
identified in our city code. It would identify those nuisances that can be taken care of without
coming before the City Council. This action clarifies the ordinance. Hoeft referred to 8.206 Sub
A., there should not be a reference to summary enforcement. This just authorizes a resolution
allowing Council to pick and choose nuisance items, such as appliances. Gorman stated that
violations on the structure would still come before the City Council. The resolution should be
available at the next meeting.
Nawrocki questioned if the item would come to the Council after the abatement. Gorman stated
it would not. Nawrocki questioned how this would allow due process`? Hoeft stated that the
property owner would have the ability to contest at the assessment hearing. If Council agreed
with the dispute, the City would pay for the work completed. Hoeft explained the items
considered compared to emergency abatements of hazards to human live and safety. Council
would approve the items that would qualify for immediate abatement. Nuisance items would
not come before Council.
Williams stated that it has been his goal to establish this type of system. Hoeft stated that the
City of Minneapolis has this policy. We used the finer points and made this as simple as
possible.
Dwayne Morrell questioned if the number of appliances allowed for pickup has changed.
Peterson stated it has changed to one free pick up a year, as the system was being abused.
Morrell suggested compaction as an option at the recycling center. He indicated that the
company that collects fluorescent bulbs will also pick up computers.
Motion by Williams, second Kelzenberg, to waive the reading of Ordinance No.1542, there
being ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Williams, second by Kelzenberg, to set the second reading of Ordinance No. 1542,
for Monday, April 28, 2008, at approximately 7:00 p.m. in the City Council Chambers for
amending Chapter 8, Article II of City Code. Upon vote: All ayes. Motion carried.
City Council Minutes
Monday, April 14, 2008
Page 17 of 22
C. Adopt Resolutions 2008-72, 1308-10 Circle Terrace Blvd.._N,E 2008-73 4224 Jackson Street
N E and 2008-74 4618 Polk Street N.E. being declarations of nuisance and abatement of
violations within the CitX of Columbia Heights.
Gorman stated that 1308-10 Circle Terrace is vacant and the action was an immediate
abatement to board up the building.
Gorman stated that 4224 Jackson Street does not have house numbers displayed.
Gorman stated that 4618 Polk had to be secured because of running water.
Motion by Diehm, second by Williams, to close the public hearing and to waive the reading of
Resolution Numbers 2008-72, 2008-73, and 2008-74 there being ample copies available to the
public. Upon vote: All ayes. Motion carried.
Motion by Diehm, second by Williams, to adopt Resolution Numbers 2008-72, 2008-73, and
2008-74 being resolutions of the City Council of the City of Columbia Heights declaring the
properties listed a nuisance and approving the abatement of violations from the properties
pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried.
RESOLUTION 2008-72
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving
abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Ron
Holmes (Hereinafter "Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 1308-1310 Circle Terrace Blvd.
N.E., Columbia Heights, Minnesota.
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth
the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of
record on March 20, 2008
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
1. That nn February 20, 2008 an inspection was conducted on the property listed above. Inspectors found eleven
violations. A compliance order was sent via regular mail to the owner at the address.
2. That on March 20, 2008 inspectors re-inspected the property listed above. Inspectors noted that eleven
violations remained uncorrected. A compliance order and statement of cause was mailed. via regular mail to the
owner listed in the property records.
3. That on April 4, 2008 inspectors reinspected the property and found that eleven violations remained
uncorrected.
4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s}
were found to exist, to wit:
A. 1310 -Shall replace the missing screen door that has no screen or glass
B. 1310 -Shall replace the missing doorbell button
C. 1310 -Shall repair the door knob and the door closer on the rear storm door
D. Shall replace all missing screens on all windows and doors
E. Shall repair all damaged screens on all windows and doors on the building
F. Shall replace all missing sections of siding on the building
G. Shall repair all damaged sections of siding and siding corners on the building
H. Shall scrape and paint the soffit and fascia around all doors and under the eves on all sides
I. 1308 -Shall repair the door closer on the rear storn~ door
J. Shall replace all broken windows on the building
K. Shall. remove all/any outside storage from the property.
5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate
Ciry Council Minutes
Monday, April 14, 2008
Page 18 of 22
notice of this hearing according to the provisions of the City Code Section 8.206(A} and 8.206(B).
CONCLUSIONS OF COUNCIL
1. That the property located at 1308-1310 Circle Terrace Blvd. N.E. is in violation of the provisions of the
Columbia Heights City Code as set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other
hearings relevant to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the
case may be, have expired, or such rights have been exercised and completed.
ORDER OF COUNCIL
1. The property located at 1308-1310 Circle Terrace Blvd. N.E. constitutes a nuisance pursuant to City Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest.
RESOLUTION 2008-73
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving
abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by
Matthew Bjorgum (Hereinafter "Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 4224 Jackson Street N.E., Columbia
Heights, Minnesota.
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Sectian 8.206, written notice setting forth
the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of
record on March 11, 2008
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
1. That on February 7, 2008 an inspection was conducted on the property listed above. Inspectors found one
violation. A compliance order was sent via regular mail to the owner at the address.
2. That on March 11, 2008 inspectors re-inspected the property listed above. Inspectors noted that one violation
remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed
in the property records.
3. That on March 26, 2008 inspectors reinspected the property and found that one violation remained
uncorrected.
4. That based upon said records of the Fire Department, the following conditions and violations of Cit<,~ Codes(s)
were found to exist, to wit: Shall install address numbers in the following location(s) -FRONT OF HOUSE
5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate
notice of this hearing accordnig to the provisions of the City Code Section 8.206(A} and 8.206(B).
CONCLUSIONS of COUNCIL
1. That the property located at 4224 Jackson Street N.E. is in violation of the provisions of the Columbia Heights
City Code as set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other
hearings relevant to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the
case may be, have expired, or such rights have been exercised and completed.
ORDER OF COUNCIL
1. The property located at 4224 Jackson Street N.E constitutes a nuisance pursuant to City Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest.
RESOLUTION 2008-74
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving
abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Craig
Young (Hereinafter "Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 4618 Polk Street N.E., Columbia
Heights, Minnesota.
City Council Minutes
Monday, April 14, 2008
Page 19 of 22
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth
the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of
record on March 26, 2008.
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
1. That on March 1, 2008 the Fire Department responded to a medical call at the address and found water
flowing in a unit flowing uncontrollably. Water had filled the basement and done significant damaged to the
building. The water could not be shut off on the scene. The building owner was called and stated that the property
was in foreclosure and did not intend to repair the building.
2. That on March 3, 2008 the Fire Department and the Building Official returned to the address to shut off water
to the entire building. The Building Official posted the building uninhabitable. This caused the other unit to have
to be vacated. There were doors on the now vacant building that had been damaged and were unable to be secured.
3. That on March 3, 2008 the Fire Department ordered DuAll Services to secure the entrances to the building by
boarding the closed.
4. That on February 6, 2008 the Fire Department sent statement of cause to the registered owner of the property
at the address listed in the Anoka County Property Records database.
5. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s)
were found to exist and have been abated, to wit: Approve the immediate abatement of the public
nuisance/hazardous building located at 4618 Polk Street N.E.
6. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate
notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B).
CONCLUSIONS OF COUNCIL
1. That the property located at 4618 Polk Street N.E. is in violation of the provisions of the Columbia Heights
City Code as set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other
hearings relevant to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the
case may be, have expired, or such rights have been exercised and completed.
ORDER OF COUNCIL
l . The property located at 4618 Polk Street N.E. constitutes a nuisance pursuant to City Code.
2. That a copy of this order shall be served upon ali relevant parties and parties in interest.
A five minute f°ecess was called.
ADMINISTRATIVE REPORTS
Report of the City Manager
• We continue to meet with the gymnasium building committee. The initial bids are higher
than anticipated. They request alternates to cut costs. Items to be considered to reduce costs
are gym flooring, lighting, window wraparounds, outside appearance, etc.
• Staff will meet this week with the construction manager of the public safety facility.
• A group, including our interim Police Chief and our new Police Chief, met with the Public
Safety Facility Committee on Tuesday evening to discuss the building. Plans, with several
alternatives, were received last week.
• Attended the League of MN Legislative Conference with the Mayor and Councilmember
Nawrocki. We met with Senator Chaudhary and Representative Laine and found. them to be
very amenable to our concerns. Administrative tags were discussed.
Nawrocki
• Requested the bridge engineering report for 49`h and Central. Fehst stated there was not a
written report r°eceived.
City Council Minutes
Monday, April 14, 2008
Page 20 of 22
• Newsletter -requested the election filing dates be included and a draft has not been
received. Patty Muscovitz, City Clerk, indicated that article has been submitted and will
appear on the front page. The draft newsletter will be distributed when it is available.
• Requested the tap three salaries be included in the city newsletter, as not everyone is tied
into the Internet. Questioned the cost effectiveness of engaging the services of Ruth Dunn
for the newsletter. Has there been a staff reduction?
• Replacement for Schumacher -Community Development revenues are down by one-third
and building permits are down by one-half. Assume the work load has decreased. The one
and one-half year project of an activity center has ended. Adjustments should be made in
this department. Schumacher did a good job and is a talented person. Can we get by with
the remaining staff and do we need the person that worked on the coininunity center. The
Planner puts out elaborate plans - is it all necessary? Streamline his recommendations and
use that position for other work in that department.
Report of the City Attorney -nothing to report.
CITIZENS FORUM
Dwayne Morrell indicated he has not been able to attend meetings for an extended time and
requested information on the Burger King purchase. Fehst described the history of the purchase, the
work with Frattalone for redevelopment of the property, and soil issues on the property. Morrell
questioned if there was an agreement in writing from Adolph Peterson to back EDS. Fehst stated
yes. The Council is missing the opportunity to utilize Mr. Nawrocki's knowledge. If you exclude
him or give him nothing to do, the arguments persist.
Jeff Diehm, 5125 St. Moritz, thanked the City Council and staff for their work in the development of
this city. Fantastic things are happening. The K-mart site, referred to as a failed site, is indicative of
the market changes. It is not a failed sited, as there is no longer an empty K-mart there. He stated he
is glad to know the car wash will be demolished. He referred to the length of the meetings and
suggested that members be concise in their comments. In regard to city policies, i.e. redevelopment,
we hear that we need to cut costs, a common theme from Councilmember Nawrocki, and the talk
about citizens that can not afford to have their taxes increased. He stated that he feels bad for them,
but we can not determine policy based on the lowest common denominator. 'There are others that
deserve the same consideration far redevelopment. VVe need to do good things for everyone.
"Democracy has to be about more than four wolves and a rabbit deciding what to have for dinner, or
four rabbits and one wolf." The lowest or the highest common denominator can not be the
determining factor. Please get things done that should have been done years ago in our community.
COUNCIL CORNER
Peterson suggested dispensing with Council Corner, due to the lateness of the hour.
Motion by Williams, second by Kelzenberg, to dispense with Council Corner. Upon vote: All ayes.
Motion carried.
ADJOURNMENT
or Peterson adjourned the meeting at 10:04 p.m.
( Patricia Muscovitz CM
City Clerk/Council Secretary
City Council Minutes
Monday, April 14, 2008
Page 21 of 22
RESOLUTION NO. 2008-45
BEING A RESOLUTION REGARDING PENALTIES FOR ADMII~TISTRATIVE OFFENSES WITHIN THE CITY OF
COLUMBIA HEIGHTS AS AUTHORIZED BY THE COLUMBIA HEIGHTS CITY CODE OF 2005
WHEREAS, the Columbia Heights City Code of 2005 establishes Chapter 3, Article 5, Subdivision 7 entitled
"Administrative Offenses -Scheduled Penalties;" and,
WHEREAS, Subdivision 7 provides that penalties be imposed for violations of scheduled administrative offenses according
to a schedule established and amended from time to time, by Resolution of the City Council; and,
WHEREAS, it is the desire of the Columbia Heights City Council to bring the administrative offense schedule section
numbering in conformance with the City Code of 2005.
THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the administrative offense
penalty schedule is amended as follows:
OFFENSE DESCRIPTION
CHAPTER/
STATUTE
7.202(B} $25
7.202(C)(1)
7.202(D)(1)&(2)
7.202(E)
7.202(F)
7.202(F}(3)(C)
7.202(1)
7.203(A)(6)
7.205(A)
7.205(B)
7.205(D)
7.205(G)
7.205(x)
7.205(L)
7.205(M)
PENALTY
Overtime parking in public parking areas
Illegally parking in loading zone
Illegally parking in bus stop or taxi stand
Illegally parked in metered parking areas
Parked on boulevard
Violation of boulevard parking permit
Handicap parking
Temporary or emergency no parking (parades)
Six-hour minimum parking
Parking in a traffic lane or in an alley
Fire lanes or other parking violations on private property
Junk vehicles
Obstruct traffic in a private parking lot
Overtime parking in a private parking lot
No parking 2 a.m. to 6 a.m.
Na parking April 1 to PY1ay 1 when there is 3 ~z u-~ches of
snow or more on the streets
No bicycle registration
No bicycle lights and reflectors
Miscellaneous bicycle violations
Animal violations, Chapter 8, Article 1, Sections 1-8
Unauthorized signs in public right of way
Bicycle impound
Public Nuisance
Parking in a park 11 p.m. to 6 a.m.
Pets not on a leash in city park
Miscellaneous State parking violations
False alarm response by police or fire
Third in calendar year
Fourth in calendar year
Fifth and any subsequent in a calendar year
Animal in motor vehicle
Animal cruelty
Exposure of unused refrigerator (door not removed)
Land disposal of used oil
Abandoned motor vehicle
Expired license plates
Parked on landscaped area
Parked more than 12" from curb
Parked overweight (15,000)
7.205(N)
7.401(A}
7.402(B}
7.402(C)/169.222
8.204(R)
7.401(C)
10.108(G)(2)
10.201(A)
10.201(L)
169.32-169.34 incl.
10.313(A)
346.57(1)
343
609.675
115A.916
168.03
168.09
SA.207(C)(A)
169.35(1)
7.204(H)
$25
$25
$25
$25
$25
$100
$25
$25
$25
$30
$30
$25
$27
$25
$25
$15
$1S
$15
$25
$20
$20
$45
$25
$20
$25
$50
$75
$100
$25
$50
$25
$50
$35
$25
$25
$25
$100
City Council Minutes
Monday, April 14, 2008
Page 22 of 22
Garbage and rubbish violations 8.301(G) $25
Noise and odor violations 8.204(D) $75
Outside storage of materials SA.207(G) $50
Too many animals (no kennel license) 5.607(A) $75
Parked wrong side of street 169.35 $25
Speeding 1-15 over 169.14 $35
Obstructing view of driver 169.37 $25
Exhaust not muffled 169.69 $50
Obey traffic control signs and signals 169.06 $30
Driving rules 169.18 $30
Turning and starting 169.19 $30
Failure to yield 169.201 $30
Vehicle equipment and safety 169.46-169.65 $35
Inclusive