HomeMy WebLinkAbout11-23-2015OFFICIAL PROCEEDINGS
CITY OF COLUMBIA HEIGHTS
CITY COUNCIL MEETING
NOVEMBER 23, 2015
The following are the minutes for the regular meeting of the City Council held at 7:00 PM on MONDAY
November 23, 2015 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights,
Minnesota
1. CALL TO ORDER
Mayor Peterson called the meeting to order at 7:02 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, Keith Windschitl; Recreation Director,
John Larkin; Assistant Fire Chief, Kathy Young; Assistant City Engineer, Joseph Kloiber; Finance Director,
Kelli Bourgeois; HR Director /Assistant to the City Manager; Joe Hogeboom; Community Development
Director, Katie Bruno; City Clerk /Council Secretary
3. INVOCATION
Invocation provided by Bob Lyndes, Crest View Senior Community
4. PLEDGE OF ALLEGIANCE
Recited
S. 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.)
Items 8C and 8D were removed from the agenda. The properties were brought into compliance.
Councilmember Schmitt stated she would like to report on her recent attendance to the Metro Cities
event through the League of Minnesota Cities. This will be added to Section 9C.
6. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS
Councilmember Murzyn, Jr. announced that Firefighter Bob Niznik recently retired after 16 years of
service, and thanked him for his committed service.
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 Council meeting of November 9, 2015
MOTION: Move to approve the minutes of the work session of November 9, 2015
B. Accept Board and Commission Meeting Minutes
MOTION: Move to accept the Park & Recreation Commission Minutes from August 26, 2015
C. Approve Gambling Permit, First Lutheran Church, Bingo event, December 4, 2015
MOTION: Move to waive the $25.00 permit fee for the First Lutheran Church one -time
charitable gambling permit.
MOTION: Move 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 First Lutheran Church to conduct Bingo and a raffle at their event being held
December 4, 2015 at 1555 40th Avenue 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. Establish John P. Murzyn Hall rental rates for 2017. *Removed for discussion.
E. Adopt Resolution 2015 -94 accepting the Feasibility Report for Zone 7B Street Seal Coat
Project and ordering the Public Improvement Hearing, City Project No. 1501. *Removed for
discussion.
F. Adopt Resolution 2015 -95 accepting the Feasibility Report for Stinson Boulevard Street
Rehabilitation from 37th to 40th Avenues and ordering the Public Improvement Hearing, City
Project No. 1508. *Removed for discussion.
G. A summary of Ordinance No. 1622 for publication, relating to an Emergency Interim
Ordinance imposing a moratorium on auto related uses throughout the City of Columbia
Heights. *Removed for discussion.
H. Approve Rental License Applications
MOTION: Move to approve the items listed for rental housing license applications for November
23, 2015, in that they have met the requirements of the Property Maintenance Code.
1. Approve Business License Applications
MOTION: Move to approve the items as listed on the business license agenda for November 23,
2015.
J. 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 number 159013 through 159177 in the
amount of $560,155.65.
Councilmember Nawrocki requested that items D, E, F and G be removed from the Consent Agenda for
discussion.
Motion by Councilmember Nawrocki, seconded by Councilmember Williams to approve Consent Agenda
items A, 8, C, H, 1 and J. All Ayes, Motion Carried.
Councilmember Nawrocki requested that the following items be removed from the Consent Agenda for
discussion:
D. Establish John P. Murzyn Hall rental rates for 2017
Recreation Director Keith Windschitl explained that in comparison to other venues, Murzyn Hall is
underpriced. The Park & Recreation Commission has proposed a 6% increase for Saturday rentals.
Councilmember Nawrocki asked if a comparison with other venues have been done. Director Windschitl
reported he has, and we are priced lower than less than comparable sites.
Motion by Councilmember Williams, seconded by Councilmember Schmitt to adopt the 2017 John P. Murzyn
Hall rental rates, as outlined by the Park & Recreation Commission at their meeting on October 28, 2015. All
Ayes, Motion Carried.
E. Adopt Resolution 2015 -94 accepting the Feasibility Report for Zone 7B Street Seal Coat Project and
ordering the Public Improvement Hearing, City Project No. 1501
Councilmember Nawrocki commented that the streets are currently in pretty good condition.
Assistant City Engineer Kathy Young reported the City seal coats the surfaces every 8 years, as this helps
preserve the surface.
Motion by Councilmember Schmitt, seconded by Councilmember Murzyn, Jr. to waive the reading of
Resolution 2015 -94, there being ample copies available to the public. All Ayes, Motion Carried.
Motion by Councilmember Schmitt, seconded by Councilmember Murzyn, Jr. to adopt Resolution 2015 -94,
being a resolution accepting the feasibility report for Zone 7B Street Seal Coat, City Project No. 1501, and
ordering the Public Improvement Hearing beginning at 6:30 p.m. on February 1, 2016.
All Ayes, Motion Carried.
F. Adopt Resolution 2015 -95 accepting the Feasibility Report for Stinson Boulevard Street Rehabilitation
from 37th to 40th Avenues and ordering the Public Improvement Hearing, City Project No. 1508
Councilmember Nawrocki requested an overview of the project, and what will be done to insure access for
residents.
Assistant City Engineer Kathy Young reported the project includes removing the concrete street, and
replacing with a bituimus surface with concrete curb and gutter. Sidewalks or trails will be added to each
side of the street. Young stated she will work with the contractor to assure access for residents.
Councilmember Schmitt suggested looking at the northbound right turn lane onto 39th Ave, as it is narrow
for MTC buses to make the turn. Young will review the turn lane with the City of St. Anthony.
MOTION: Move to waive the reading of Resolution 2015 -95, there being ample copies available for the
public. All Ayes, Motion Carried.
MOTION: Move to adopt Resolution 2015 -95, being a resolution accepting the Feasibility Report for Stinson
Boulevard from 37th to north of 40th Avenues, City Project No. 1508, and ordering the Public Improvement
Hearing beginning at 6 :30 p.m. on March 7, 2016. 4 Ayes, 1 Nay, Motion Carried.
Ayes: Peterson, Williams, Schmitt, Murzyn, Jr. Nay: Nawrocki.
G. A summary of Ordinance No. 1622 for publication, relating to an Emergency Interim Ordinance
imposing a moratorium on auto related uses throughout the City of Columbia Heights.
Community Development Director Joe Hogeboom noted the Council approved Ordinance No. 1622; an
Emergency Ordinance, for a six month moratorium for auto related businesses at the November 9th City
Council meeting. Hogeboom explained that by publishing a summary rather than the entire ordinance, the
City will save a substantial amount of money.
Councilmember Schmitt questioned the validity of the first reading, as the City Charter requires the council
vote on the emergency portion, prior to voting on the ordinance.
City Attorney Jim Hoeft explained that by the nature of the moratorium, and emergency is qualified, and
the first reading was valid. Councilmember Schmitt stated she is not in agreement.
Councilmember Nawrocki agreed with the City Attorney. City Attorney Hoeft clarified that the ordinance
took effect immediately.
Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. to waive the reading of the
summary of Ordinance No. 1622, there being ample copies available to the public. All Ayes, Motion carried.
Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. to amend the motion to the
remove the language indication a 30 day effective date. 4 Ayes, 1 Nay Motion carried. Ayes, Peterson,
Williams, Murzyn, Jr., Nawrocki. Nay, Schmitt.
Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. to approve the summary of
Ordinance No. 1622 for publication, relating to an Emergency Interim Ordinance imposing a moratorium on
auto related uses throughout the City of Columbia Heights.
4 Ayes, 1 Nay Motion carried. Ayes; Peterson, Williams, Murzyn, Jr., Nawrocki. Nay, Schmitt.
8. PUBLIC HEARINGS
A. Consideration of a Cable Television Franchise with Centurylink
Kelli Bourgeois Human Resource Director /Assistant to the City Manager requested the Public
Hearing be continued to the December 14th meeting.
Mayor Peterson opened the Public Hearing at 7:35 PM.
Motion by Councilmember Williams, seconded by Councilmember Murzyn to continue the Public
Hearing for Consideration of a Cable Television Franchise with Centurylink until December 14, 2015.
All Ayes, Motion carried.
B. Consideration of Declaration of a nuisance and abatement of violations within the City of
Columbia Heights is requested regarding the property at 4801 Jefferson Street NE for failure to
meet the requirements of the Residential Maintenance Code.
Assistant Fire Chief John Larkin reported the property has a fence in disrepair.
Motion by Councilmember Nawrocki seconded by Councilmember Williams to close the public
hearing and to waive the reading of Resolution Number 2015 -90, there being ample copies
available to the public. All Ayes, Motion Carried.
Motion by Councilmember Murzyn, Jr. seconded by Councilmember Nawrocki to adopt Resolution
Number 2015 -90, being a Resolution of the City Council of the City of Columbia Heights declaring
the property listed a nuisance and approving the abatement of violations from the property
pursuant to City Code section 8.206. All Ayes, Motion Carried.
C. Removed from agenda.
D. Removed from agenda.
E. Consideration of Revocation of the license to operate a rental unit within the City of Columbia
Heights is requested against the rental property at 3906 Tyler Street NE for failure to meet the
requirements of the Residential Maintenance Codes.
Assistant Fire Chief John Larkin reported the property has a couple of outstanding violations,
pertaining to electrical repairs.
Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. to close the public
hearing and to waive the reading of Resolution Number 2015 -93, there being ample copies
available to the public. All Ayes, Motion Carried.
Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. to adopt Resolution
Number 2015 -93, being a Resolution of the City Council of the City of Columbia Heights approving
revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license
listed. All Ayes, Motion Carried.
F. An Ordinance amending City Code of 2005 relating to the Floodplain Management Overlay
District requirements within the City of Columbia Heights.
Community Development Director Joe Hogeboom reported FEMA has been working to update
flood plain maps to provide consistency. Hogeboom explained that residents will be able verify
their classification on line, the dispute process was also explained.
Motion by Councilmember Williams seconded by Councilmember Schmitt to waive the reading of
Ordinance No. 1623, there being ample copies available to the public. All Ayes, Motion Carried.
Motion by Councilmember Williams seconded by Councilmember Schmitt to approve the Ordinance
No. 1623, amending City Code of 2005 relating to the Floodplain Management Overlay District
requirements within the City of Columbia Heights. All Ayes, Motion Carried
Motion by Councilmember Williams seconded by Councilmember Schmitt to approve the summary
of Ordinance No. 1623 for publication relating to the Floodplain Management Overlay District
requirements within the City of Columbia Heights. All Ayes, Motion Carried
9. ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions
B. Bid Considerations
C. New Business and Reports
Councilmember Schmitt reported she recently attended the League of Minnesota Cities Metro Regional
meeting. Topics included workplace safety, preparing the comp plan and transportation discussions.
10. ADMINISTRATIVE REPORTS
Report of the City Manager
City Manager Fehst reported the December 7th work session will include discussions regarding the 2016
budget. Because of the re- assessments of market value in the City, we will receive less in fiscal disparities
than anticipated, it was noted this could likely be offset by using LGA funds.
Fehst explained options can be discussed further at the December work session.
Councilmember Nawrocki reported the recent City Newsletter indicated the City's portion of the
property tax increase as 6.6 %, however his taxes are increasing considerably more; 13 %. Mr. Nawrocki
suggested reducing expenditures in order to reduce the overall levy.
Report of the City Attorney
Mr. Hoeft had nothing report.
11. CITIZENS FORUM
At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda.
Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall
state his /her name and address for the record.
Mayor Peterson reported the "Taste of Heights" was a great success! Gratitude was expressed to the
many people who helped and contributed. Peterson reminded everyone to remember our servicemen
and women, as well as police and firefighters, as we look forward to the Christmas season.
12. ADJOURNMENT
Meeting adjourned at 8:14 p.m.
Respectively Submitted,
Katie Bruno, Council Secretary /City Clerk
RESOLUTION NO 2015 -90
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 Christopher J. Roberts (Hereinafter "Owner of Record ").
Whereas, the owner of record is the legal owner of the real property located at 4801 Jefferson Street 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 September 30, 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 September 28, 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 November 5, 2015, inspectors re- inspected the property listed above. Inspectors noted that
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 November 17, 2015, inspectors re- inspected the property and found that 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. Shall repair, replace or remove damaged fence on north and east sides.
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 4801 Jefferson 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 4801 Jefferson 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 2015 -93
Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code,
Chapter 5A, Article IV, Section 5A.408(A) of that certain property rental license held by Jordan Gall
(Hereinafter "License Holder ").
Whereas, license holder is the legal owner of the real property located at 3906 Tyler Street N.E. Columbia
Heights, Minnesota,
Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the
causes and reasons for the proposed Council action contained herein was given to the License Holder on
November 9, 2015 of a public hearing to be held on November 23, 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 September 10, 2015, inspectors for the City of Columbia Heights, inspected the property
described above and noted violations. A compliance letter listing the violations was mailed by regular
mail to the owner at the address listed on the Rental Housing License Application.
2. That on October 13, 2015, inspectors for the City of Columbia Heights performed a re- inspection and
noted that violations remained uncorrected. A statement of cause was mailed via regular mail to the
owner at the address listed on the rental housing license application.
3. That on November 9, 2015, inspectors for the City of Columbia Heights checked records for this
property and noted that the violations remained uncorrected
4. That based upon said records of the Enforcement Office, the following conditions and violations of the
City's Property Maintenance Code were found to exist, to -wit:
a. Rental license violations (electrical connection and lighting) remain uncorrected.
b. Reinspection fee remains unpaid.
5. 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, Chapter 5A, Article III
5A.306 and 5A.303(A).
ORDER OF COUNCIL
1. The rental license belonging to the License Holder described herein and identified by license number
F14878 is hereby revoked.
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 45 days from the first day of posting of
this Order revoking the license as held by License Holder.
RESOLUTION 2015 -94
A resolution of the City Council for the City of Columbia Heights, Minnesota,
WHEREAS, the City Council has adopted a Seal Coat Program, and
WHEREAS, pursuant to Resolution No. 2015 -82, a report has been prepared by the City Engineer with
reference to the Program, and the following street(s):
• local streets in Zone 7B that have not been rehabilitated under the street program
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 November 23, 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:
1. The Council will consider the improvement of such streets in accordance with the report and the
assessment of 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
$74,970.
2. A public hearing shall be held on such proposed improvement on the 1s' day of February, 2016, in the
City Council Chambers at 590 40th Avenue N.E. at 6:30 P.M. and the City Clerk shall give mailed and
published notice of such hearing and improvement as required by law.
RESOLUTION 2015 -95
A resolution of the City Council for the City of Columbia Heights, Minnesota,
WHEREAS, the City Council of Columbia Heights is proposing to rehabilitate local streets in Zone 2 that
have not been rehabilitated under the street program, and
WHEREAS, Stinson Boulevard from 37th Avenue to north of 40th Avenue is part of Zone 2 scheduled for
2016, and
WHEREAS, a Cooperative Agreement has been approved between the cities of Columbia Heights and
St. Anthony that defines the responsibilities of each city for the project work, and
WHEREAS, pursuant to Resolution No. 2015 -62, a report has been prepared by the City Engineer with
reference to the Program, and the following street(s):
• Stinson Boulevard Reconstruction from 37th Avenue to North of 40th Avenue
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 November 23, 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
2. The Council will consider the improvement of such streets in accordance with the report and
the assessment of 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 $1,036,080.
2. A public hearing shall be held on such proposed improvement on the 7th day of March, 2016, in
the City Council Chambers at 590 40th Avenue N.E. at 6:30 P.M. and the City Clerk shall give
mailed and published notice of such hearing and improvement as required by law.
Ordinance No 1623
BEING AN ORDINANCE AMENDING CITY CODE OF 2005 RELATING TO THE FLOODPLAIN
MANAGEMENT OVERLAY DISTRICT REQUIREMENTS WITHIN THE CITY OF COLUMBIA HEIGHTS
SUMMARY OF ORDINANCE NO. 1623 (A copy of the complete ordinance is available at City Hall)
This Ordinance adopts a model Floodplain Ordinance, provided by the Minnesota Department of
Natural Resources. This Ordinance regulates development in the flood hazard areas of Columbia
Heights, Minnesota. The purpose of this Ordinance is to promote the public health, safety, and
general welfare by minimizing losses and disruptions in flood hazard areas. This Ordinance addresses
potential conflicts with other City Ordinances, delineates floodplain districts and establishes
permitted uses and standards for each district, outlines land development standards, provides
provisions for variances, regulates non - conformities and outlines penalties for violations.
This is a summary of Ordinance No. 1623. A printed copy of the entire text of the Ordinance is
available for inspection by any person during regular office hours at the office of the City Planner,
or by standard or electronic mail.
Z
N
r 23, 2015.