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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.