HomeMy WebLinkAbout07-27-2015Minutes of
City Council Meeting
July 27, 2015
Page I of 9
JULY 27, 2015
THE FOLLOWING ARE THE MINUTES FOR THE REGULAR MEETING OF THE CITY COUNCIL HELD AT 7:00
PM ON MONDAY JULY 27, 2015 IN THE CITY COUNCIL CHAMBERS, CITY HALL, 590 40TH AVENUE
N.E., COLUMBIA HEIGHTS, MINNESOTA
I.CALL TO ORDER
Mayor Peterson called the meeting to order at 7:01 p.m.
2.ROLL CALL
Present: Mayor Peterson, Councilmembers Nawrocki, Schmitt, Williams and Murzyn, Jr.
Also Present: Walt Fehst, City Manager; Jim Hoeft, City Attorney; Kelli Bourgeois, Human
Resources Director /Assistant to the City Manager; Joe Kloiber, Finance Director; John Larkin,
Assistant Fire Chief, Katie Bruno, City Clerk/Council Secretary
1INVOCATION
Invocation provided by Malcom O. Watson
4.PLEDGE OF ALLEGIANCE
Recited
5.ADDITIONS/DELETIONS TO MEETING AGENDA
(The Council, upon majority vote of its members, may make additions and deletions to the
agenda. These may be items brought to the attention of the Council under the Citizen Forum
or items submitted after the agenda preparation deadline.)
Mayor Peterson announced that item 8B will be removed, as all conditions have been
rectified.
6.PROCLAMATIONS PRESENTATIONS RECOGNITION ANNOUNCEMENTS
GUESTS
7.CONSENT AGENDA
(These items are considered to be routine by the City Council and will be enacted as part of
the Consent Agenda by one motion. Items removed from consent agenda approval will be
taken up as the next order of business.)
A. Approve Minutes of the City Council
MOTION: Move to approve the minutes of the City Council meeting of July 13,
2015.
B. Consideration of Resolution 2015 -54 transferring the remaining 2014 General
Fund surplus of $500,000 to the Capital Equipment Replacement Fund 431, to offset
Minutes of
City Council Meeting
July 27, 2015
Page 2 of 9
the cost of the fire truck purchase included in the 2015 budget. * Removed for
discussion
C. Accept Proposals and Award Contract RAP Implementation and Construction
Contingency Plan for Construction of the New Library, Project No. 1410. *Removed
for discussion.
D. Accept Proposals And Award Contract For Construction Testing and Special
Inspections for Construction of the New Library, Project No. 1410. * Removed fo r°
discussion.
E. Approval of the attached list of rental housing licenses
MOTION: Move to approve the attached list of rental housing licenses.
F. Approve Business License Applications
MOTION: Move to approve the items as listed on the business license agenda for
July 27, 2015 as presented.
G. Payment of Bills
MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8, the
City Council has received the list of claims paid covering check number157499
through 157664 in the amount of $ 1,035,624.08.
Councilmember Nawrocki requested that items B, C and D be removed from the Consent
Agenda for Discussion.
Motion by Councilmember Williams, seconded by Councilmember Nawrocki to approve
Consent Agenda items A, E, F and G. All Ayes, Motion Carried.
Councilmember Nawrocki requested that the following items be removed from the Consent
Agenda for discussion:
B. Consideration of Resolution 2015 -54 transferring the remaining 2014 General
Fund surplus of $500,000 to the Capital Equipment Replacement Fund 431, to offset
the cost of the fire truck purchase included in the 2015 budget
Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. to
waive the reading of Resolution 2015 -54, there being ample copies available to the
public. All Ayes, Motion Carried.
Councilmember Nawrocki asked if the purchase of the fire truck was budgeted for.
City Manager Walt Fehst stated that it was included in the budget; however the
Equipment Replacement fund did not include the replacement of fire equipment.
Councilmember Nawrocki asked what the current balance is in the Equipment
Replacement fund. Finance Director Joe Kloiber reported the balance was about
$4,000,000 in the beginning of the year, noting that the balance is expected to be
exhausted by 2021. City Manager Walt Fehst explained the account was set up to
replace equipment as necessary, with the exclusion of fire equipment.
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City Council Meeting
July 27, 2015
Page 3 of 9
Councilmember Nawrocki questioned why it is necessary to change the funding
source. It was explained that it is necessary to keep the Equipment fund solvent for
the long term.
Councilmember Nawrocki stated that he is opposed to the transfer, noting he thinks
the surplus should be used to reduce the 2016 tax levy.
Councilmember Schmitt clarified that this item was approved in 2014, as part of the
2015 budget. Councilmember Schmitt asked why fire trucks are not included in the
Capital Replacement plan. Director Kloiber explained that the Capital Equipment
fund was created about 15 years ago, since that time only one fire truck was
purchased, primarily through grant funds. Additionally, the city created a separate
fund for other fire equipment from an overfunded pension plan, this was allowed by
PERA, provided the funds were used for other fire equipment. Over the last twelve
years, this has been the source for fire equipment, this fund is nearly depleted.
Councilmember Schmitt asked what steps are being taken to correct this. Director
Kloiber stated that fire equipment will be incorporated into the City's replacement
schedule. Councilmember Schmitt questioned how much we will have to increase the
fund to make it sustainable. Director Kloiber explained it will be an on -going
funding source. Councilmember Nawrocki stated he feels that moving the surplus
money is a disservice to the budgetary function, and he is opposed to the item.
Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. to
adopt Resolution 2015 -54, transferring the remaining 2014 General Fund surplus of
$500, 000 to the Capital Equipment Replacement Fund 431, to offset the cost of the
fire truck purchase included in the 2015 budget. 4 Ayes, I Nay, Motion Carried.
Ayes: Peterson, Williams, Murzyn, Jr. and Schmitt. Nay: Nawrocki
C. Accept Proposals and Award Contract RAP Implementation and Construction
Contingency Plan for Construction of the New Library Project No. 1410
Councilmember Nawrocki requested an update be given to the public. Kelli
Bourgeois; HR Director /Assistant to the City Manager explained the RAP (Response
Action Plan) is required by the PCA as this is a Brownfield Site. Requests for
proposals were sent out to five geotechnical firms, two firms responded. The Public
Works Director /City Engineer Kevin Hansen's recommendation is to award to the
lowest bidder; ProSource in the amount of $25,830.
Motion by Councilmember Williams, seconded by Councilmember Schmitt to award
the Geotechnical Services for the RAP Implementation and Construction Contingency
Plan for the new City Library, Project 1410, to the firm of ProSource Technologies
based upon their proposal dated July 15, 2015 for a lump sum. fee of $25,830, plus
reimbursables, appropriated from Fund 450 -51410 -3050. All Ayes, Motion Carried.
D. Accept Proposals And Award Contract For Construction Testing and Special
Inspections for Construction of the New Library Project No. 1410
Minutes of
City Council Meeting
July 27, 2015
Page 4 of 9
Kelli Bourgeois; HR Director /Assistant to the City Manager reported that requests for
proposals were sent out to five geotechnical firms, two firms responded. The Public
Works Director /City Engineer Kevin Hansen's recommendation is to award to the
lowest bidder; Braun Intertec in the amount of $67,040.
Motion by Councilmember Nawrocki, seconded by Councilmember Williams to award
the Geotechnical Services for the Construction Testing and Special lnspections for
the new City Library, Project 1410, to the firm of Braun bntertec based upon their
proposal dated July 15, 2015 for a lump sum, fee of $67,040, plus reimbursables,
appropriated from Fund 450 -51410 -3050. All Ayes, Motion Carried.
8. PUBLIC HEARINGS
A. Adopt Resolution 2
Me
Assistant Fire Chief John Larkin reported that the property has been found to be unsecured
on more than one occasion. A contractor has been sent out to secure the property.
Councilmember Nawrocki commented that the grass is overgrown as well. Assistant Chief
Larkin confirmed that the property has not been maintained for a while, and the owner has
been unresponsive.
Motion by Councilmember Williams, seconded by Councilmember Nawrocki to close the
public hearing and to waive the reading of Resolution 2015 -48, there being ample copies
available to the public. All Ayes, Motion Carried.
Motion by Councilmember Williams, seconded by Councilmember Nawrocki to adopt
Resolution Number 2015 -48, being resolution of the City Council of the City of Columbia
Heights declaring the property listed a nuisance and approving the emergency abatement
Of violationsftrom the property pursuant to City Code section 8.206. All Ayes, Motion
Carried.
B. This item has been removed from agenda. Corrections were made and re- inspection
fees were paid.
C. Declaration of a nuisance and abatement of violations within the City of Columbia
Heights is requested regarding properties at 4110 Jefferson Street NE (2015 -52) and
3865 Tyler Street NE (2015 -53) for failure to meet the requirements of the Residential
Maintenance Code
Assistant Fire Chief John Larkin reported that letters have been sent out to both
property owners. Mr. Larkin stated that the department attempts to work with the
property owners, and would prefer the property owner make the required corrections.
This action gives the City the authority to make the corrections in the event the
property owner does not. Councilmember Schmitt requested photos be submitted
with council reports on the future.
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City Council Meeting
July 27, 2015
Page 5 of 9
Motion by Councilmember Murzyn, Jr., seconded by Councilmember Williams to close
the public hearing and to waive the reading of Resolution Number 2015 -52, there
being ample copies available to the public. All Ayes, Motion Carried.
Motion by Councilmember Murzyn, Jr., seconded by Councilmember Williams to adopt
Resolution Number 2015 -52 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 All
Ayes, Motion Carried.
Motion by Councilmember Murzyn, Jr., seconded by Councilmember Williams to close
the public hearing and to waive the reading of Resolution Number 2015 -53 there
being ample copies available to the public. All Ayes, Motion Carried.
Motion by Councilmember Murzyn, Jr., seconded by Councilmember Williams to adopt
Resolution Number 2015 -53 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 All
Ayes, Motion Carried.
9. ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions
B. Bid Considerations
C. New Business and Reports
10. ADMINISTRATIVE REPORTS
City Manager Walt Fehst encouraged residents to participate in National Night Out on
Tuesday August 4th, noting this is a good opportunity to meet their neighbors, as well as
elected officials and city staff. Mayor Peterson stated that there will be "City of Peace"
t -shirts distributed at the parties.
Councilmember Nawrocki requested city staff provide detailed voice -mail messages,
indicating when they will be available.
11. CITIZENS FORUM
There were not any residents wishing to speak.
12. ADJOURNMENT
Mayor Peterson announced the Recreation department will be performing "A Family Reunion to
Die For" on August 13th at Murzyn Hall. Mayor Peterson reminded us to remember our
sen7icemen and servicewomen and not to take ourselves too seriously and to try to do a random
act of kindness.
Meeting adjou at 7:42 p.m.
t atx Lyw o
Respectively Submitted,
Katie Bruno, City Clerk
Minutes of
City Council Meeting
July 27, 2015
Page 6 of 9
RESOLUTION 2015 -48
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance
and approving emergency abatement of ordinance violations pursuant to Chapter 8, Article II, of City
Code, of the property owned by Michael Thoennes (Hereinafter "Owner of Record ").
Whereas, the owner of record is the legal owner of the real property located at 666 40th Avenue N.E.
Columbia Heights, Minnesota.
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 July 20, 2015 the Fire Department responded to a complaint at the address listed
above. Inspectors noted that the structure was open and unsecured.
2. That on July 20, 2015 the Fire Chief ordered that Advance Companies secure the vacant
structure.
3. 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:
A. Approve the emergency abatement of the hazardous situation located at 666 - 401h
Avenue N.E.
CONCLUSIONS OF COUNCIL
1. That the property located at 666 40th Avenue N.E. is in violation of the provisions of the
Columbia Heights City Code as set forth in the Notice of Abatement.
2. That the emergency abatement of the hazardous situation located at 666 40th Avenue N.E. is
hereby approved.
ORDER OF COUNCIL
1. The property located at 666 40th Avenue N.E. constitutes a nuisance pursuant to City Code.
RESOLUTION 2015 -52
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 Greg Barbeau (Hereinafter "Owner of Record "),
Whereas, the owner of record is the legal owner of the real property located at 4110 Jefferson St.
N.E. , Columbia Heights, Minnesota.
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written
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City Council Meeting
July 27, 2015
Page 7 of 9
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 June 4, 2015, 2015.
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 April 30, 2015, an inspection was conducted on the property listed above. Inspectors
found violations. A compliance order was sent via regular mail to the owner at the address.
2. That on June 6, 2015 inspectors re- inspected the property listed above. Inspectors noted that
the 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 June 23, 2015 inspectors re- inspected the property and found that violation 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:
Repair /replace deteriorated driveway
5. 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 4110 Jefferson St. 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 4110 Jefferson St. 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 2015 -53
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 Gonzalo Olojan (Hereinafter "Owner of Record ").
Whereas, the owner of record is the legal owner of the real property located at 3865 Tyler St. N.E.
Columbia Heights, Minnesota.
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City Council Meeting
July 27, 2015
Page 8 of 9
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article 11, 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 June 9, 2015.
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 May 5, 2015, an inspection was conducted on the property listed above. Inspectors
found violations. A compliance order was sent via regular mail to the owner at the address.
2. That on June 8, 2015 inspectors re- inspected the property listed above. Inspectors noted that
the 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 July 13, 2015 inspectors re- inspected the property and found that the violation
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:
Repair broken front storm door
5. 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 3865 Tyler St 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
The property located at 3865 Tyler St. 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 NO. 2015 -54
TRANSFERRING THE REMAINING 2014 GENERAL FUND SURPLUS OF $500,000
TO THE CAPITAL EQUIPMENT REPLACEMENT FUND 431, TO OFFSET THE
COST OF THE FIRE TRUCK PURCHASE INCLUDED IN THE 2015 BUDGET
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City Council Meeting
July 27, 2015
Page 9 of 9
WHEREAS, the City Council of the City of Columbia Heights has adopted by resolution 2014-
94, a 2015 budget calling for the purchase of a fire emergency vehicle; and
WHEREAS, the estimated cost of $500,000 for this vehicle is significantly more than the
average annual expenditures for all purposes from the Capital Equipment Replacement Fund
431; and
WHEREAS, the City Council of City of Columbia Heights judges that it is financially prudent to
sustain the fund balance in the Capital Equipment Replacement Fund 431 over the long term, for
substantially all of the annual equipment purchases made for its governmental activities; and
WHEREAS, an unassigned surplus of 2014 revenue over 2014 expenditures of approximately
$500,000 remains currently held in the City of Columbia Heights General Fund;
NOW, THEREFORE, BE IT RESOLVED that the 2015 City of Columbia Heights' budget is
amended to appropriate an interfund transfer of $500,000 from the General Fund to the Capital
Equipment Replacement Fund 431.