HomeMy WebLinkAbout11-12-2019 CC MinutesOFFICIAL PROCEEDINGS
CITY OF COLUMBIA HEIGHTS
CITY COUNCIL MEETING
NOVEMBER 12, 2019
The following are the minutes for the regular meeting of the City Council held at 7:00 pm on Tuesday,
November 12, 2019, in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights,
Minnesota.
1. CALL TO ORDER/ROLL CALL
Council President Buesgens called the meeting to order at 7:00 pm.
Present: Councilmember Buesgens; Councilmember Murzyn, Jr.; Councilmember Novitsky;
Councilmember Williams
Not present: Mayor Schmitt
Also Present: Lenny Austin, Police Chief; Paul Biernat; Kelli Bourgeois, City Manager; Aaron Chirpich,
Community Development Director; Mitch Forney, Community Development Coordinator; Elizabeth
Hammond, City Planner; Kevin Hansen, Public Works Director; Jim Hoeft, City Attorney; Charlie
Thompson, Fire Chief; Nicole Tingley, City Clerk
2. INVOCATION
None
3. PLEDGE OF ALLEGIANCE
4. MISSION STATEMENT, Read by Council President Buesgens
Our mission is to provide the highest quality public services. Services will be provided in a fair,
respectful and professional manner that effectively address changing citizen and community needs in
a fiscally responsible manner.
5. APPROVAL OF AGENDA
Motion by Councilmember Novitsky, seconded by Councilmember Williams, to approve the agenda as
presented. All Ayes, Motion Carried 4-0.
6. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS
None
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.)
City Council Minutes
November 12, 2019 Page 2
A. Approve Minutes of the City Council
MOTION: Move to approve the minutes of the City Council Meeting of October 28, 2019.
MOTION: Move to approve the minutes of the City Council Executive Session of July 11, 2016.
MOTION: Move to approve the minutes of the City Council Executive Session of July 25, 2016.
MOTION: Move to approve the minutes of the City Council Executive Session of September 12, 2016.
MOTION: Move to approve the minutes of the City Council Executive Session of September 26, 2016.
MOTION: Move to approve the minutes of the City Council Executive Session of November 14, 2016.
MOTION: Move to approve the minutes of the City Council Executive Session of November 28, 2016.
B. Accept Board and Commission Meeting Minutes
MOTION: Move to accept the minutes of the EDA meeting of October 7, 2019.
MOTION: Move to accept the minutes of the Traffic Commission meeting of October 7, 2019.
MOTION: Move to accept the minutes of the Library Board meeting of October 2, 2019.
C. Adopt Resolution 2019-84 Establishing Precinct and Polling Locations for the 2020 Election Year
MOTION: Move to waive the reading of Resolution 2019-84, there being ample copies available to the
public.
MOTION: Move to adopt Resolution 2019-84, establishing Precinct and Polling Locations for the 2020
Election Year.
D. Adopt Resolution 2019-86 Accepting the Feasibility Report for Zone 3 Street Seal Coat Project
and Ordering the Public Improving Hearing, City Project No. 1801
MOTION: Move to waive the reading of Resolution 2019-86, there being ample copies available to the
public.
MOTION: Move to adopt Resolution 2019-86, being a resolution accepting the Feasibility Report for
Zone 3 Street Seal Coat, City Project No. 1801, and ordering the Public Improving Hearing beginning
at 6:00 pm on February 3, 2020.
E. Adopt Resolution 2019-87 Accepting the Feasibility Report for Zone 4, Phase 1, Street
Rehabilitation Program and Ordering the Public Improvement Hearing, City Project No. 1802.
MOTION: Move to waive the reading of Resolution 2019-87, there being ample copies available to the
public.
MOTION: Move to adopt Resolution 2019-87, being a Resolution accepting the Feasibility Report for
Zone 4, Phase 1, Street Rehabilitation Program, City Project No. 1802, and ordering the Public
Improvement Hearing beginning at 6:00 pm on January 27, 2020.
F. Adopt Resolution 2019-88 Approving Plans and Specifications and Ordering Advertisement for
Bids for Madison Street Curb and Gutter and 37th Avenue Multiuse Trail, City Projects 1902 and
1907.
MOTION: Move to waive the reading of Resolution 2019-88, there being ample copies available to the
public.
MOTION: Move to adopt Resolution 2019-88 approving Plans and Specifications and ordering
Advertisement for Bids for Madison Street Concrete Curb and Gutter Construction and 37th Avenue
Multiuse Trail, City Projects 1902 and 1907.
City Council Minutes
November 12, 2019 Page 3
G. Approve Change Order No. 1 for Silver Lake Pond and Jefferson Street Median, Project No. 1808
MOTION: Move to approve Contract Change Order No. 1 for the Silver Lake Water Quality Pond
Reconstruction, Project 1808, and addition of Jefferson Street Median Restoration to Sunram
Construction, Inc. of Corcoran, Minnesota, in the amount of $63,826.00 for a new contract amount of
$386,278.00.
H. Designate No Parking on the South Side of 45th Avenue from Stinson Boulevard to 50’ West of
Stinson Boulevard and on Both Sides of Stinson Boulevard from 45th Avenue to 50’ South of 45th
Avenue
MOTION: Move to designate No Parking on the south side of 4th Avenue from Stinson Boulevard to
50’ west of Stinson Boulevard and on both sides of Stinson Boulevard from 45th Avenue to 50’ south
of 45th Avenue.
I. Designate No Parking on Both Sides of Madison Street from 37th Avenue to 38th Place
MOTION: Move to designate No Parking on both sides of Madison Street from 37th Avenue to 38th
Place.
J. Designate No Parking on the West Side of Grand Avenue from 47th Avenue to 49th Avenue
MOTION: Move to designate No Parking on west side of Grand Avenue from 47th Avenue to 49th
Avenue.
K. Consideration of Approval of the Attached List of Rental Housing Applications
MOTION: Move to approve the items listed for rental housing license applications for November 12,
2019, in that they have met the requirements of the Property Maintenance Code.
L. Approve Business License Applications
MOTION: Move to approve the items as listed on the Business License Agenda for November 12,
2019, as presented.
M. Review of Bills
MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8, the City Council has
reviewed the enclosed list of claims paid by check and by electronic funds transfer in the amount of
$1,018,375.67.
Motion by Councilmember Murzyn, Jr., seconded by Councilmember Novitsky, to approve the Consent
Agenda items. All Ayes, Motion Carried 4-0.
8. PUBLIC HEARINGS
A. First Reading of Ordinance 1657, an Ordinance Authorizing the Conveyance of Certain Real
Property by the City of Columbia Heights to the Columbia Heights Economic Development
Authority
Community Development Coordinator Forney reported that there are three parcels attached to 3989
Central and the attempt is being made to redevelopment the site. It had been recommended by
EDA’s legal counsel that the City move these properties from the City’s funds to the EDA’s funds, and
so the process will be conveying the property from one to the other.
City Council Minutes
November 12, 2019 Page 4
Council President Buesgens opened the public hearing.
Motion by Councilmember Murzyn, Jr., seconded by Councilmember Novitsky, to close the public
hearing and waive the reading of Ordinance 1657, there being ample copies available to the public.
All Ayes, Motion Carried 4-0.
Motion by Councilmember Novitsky, seconded by Councilmember Williams, to set the second reading
of Ordinance 1657, being an Ordinance authorizing the conveyance of certain real property by the City
of Columbia Heights to the Columbia Heights Economic Development Authority located at 961 Gould
Avenue NE, 950 40th Avenue NE, and Tract B Registered Land Survey No. 250, for November 25, 2019,
at approximately 7:00 pm in the City Council Chambers. All Ayes, Motion Carried 4-0.
B. Consideration of Revocation of the License to Operate a Rental Unit within the City of Columbia
Heights was Previously Requested Against the Rental Property at 966/968 44-1/2 Avenue NE for
Failure to Meet the Requirements of the Residential Maintenance Codes
Fire Chief Thompson reported that, in accordance with Council direction given to the Fire Department
on October 28, 2019, regarding Resolution 2019-80, the department performed a follow-up rental
compliance inspection of the property located at 966/968 44-1/2 Avenue NE on October 29. He said
Fire Captain O’Brien also met with property manager and found all the outstanding violations were
corrected at that time. Prior to the October 28 Council meeting, reinspection fees totaling $350.00
had been paid, which satisfied the fee for the pre-Council inspection on October 16. There was an
outstanding $150.00 inspection fee that has also been paid, so the property is in full compliance of
the Residential Maintenance Codes.
Councilmember Murzyn, Jr. added that he accompanied Fire Captain O’Brien on the inspection and
reconfirmed that the property was in compliance.
Council President Buesgens opened the public hearing.
Motion by Councilmember Novitsky, seconded by Councilmember Murzyn, Jr., to close the public
hearing and to waive the reading of Resolution 2019-80, there being ample copies available to the
public. All Ayes, Motion Carried 4-0.
Motion by Councilmember Novitsky, seconded by Councilmember Murzyn, Jr., to deny Resolution
2019-80, 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 4-0.
City Council Minutes
November 12, 2019 Page 5
9. ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions
a. Consideration of revocation of the license to operate a rental unit within the City of
Columbia Heights was previously requested against the rental property at 4543 Taylor
Street NE for failure to meet the requirements of the Residential Maintenance Codes
Fire Chief Thompson reported that, in accordance with Council direction given to the Fire
Department on October 28, 2019, regarding Resolution 2019-82, the department performed a
follow-up rental compliance inspection of the property located at 4543 Taylor Street NE on
October 29. He said Fire Captain O’Brien also met with property manager and found all the
outstanding violations were corrected at that time. Prior to the October 28 Council meeting,
reinspection fee totaling $150.00 had been paid, which satisfied the fee for the pre-Council
inspection. There was an outstanding $150.00 inspection fee that has also been paid, so the
property is in full compliance of the Residential Maintenance Codes.
Councilmember Murzyn, Jr. added that he accompanied Fire Captain O’Brien on the
inspection and reconfirmed that the property was in compliance.
Motion by Councilmember Novitsky, seconded by Councilmember Murzyn, Jr., to deny
Resolution 2019-82, 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 4-0.
Councilmember Williams thanked Chief Thompson for the Fire Department being open to
resolve the issue satisfactorily.
b. Approve Resolution 2019-83, adopting the Columbia Heights 2040 Comprehensive Plan
Planner Hammond reported the 2040 Comprehensive Plan update is a compilation of policy
statements, goals, standards and maps for guiding the overall development and
redevelopment of the City of Columbia Heights. She said the resolution represents an
important planning document for the City and then described what a comprehensive plan is
and the process for updating the document over the past few years, since 2016. The
Metropolitan Council deemed the Plan complete and in conformance and authorized the City
of Columbia Heights to adopt the plan on September 25, 2019, at their regular meeting.
Planner Hammond thanked the Council and City Manager for entrusting the Community
Development staff with the process.
Council President Buesgens thanked Planner Hammond, the Community Development and
other staffs who worked on the project, as it was a difficult one and is very important to
provide guidelines for the City’s future.
Motion by Councilmember Novitsky, seconded by Councilmember Murzyn, Jr., to waive the
reading of Resolution 2019-83, there being ample copies available to the public. All Ayes,
Motion Carried 4-0.
City Council Minutes
November 12, 2019 Page 6
Motion by Councilmember Novitsky, seconded by Councilmember Murzyn, Jr., to approve
Resolution 2019-83, adopting the Columbia Heights 2040 Comprehensive Plan. All Ayes,
Motion Carried 4-0.
c. Approve Resolution 2019-85, adopting the Anoka County 2019 Multi-Jurisdictional
All-Hazard Mitigation Plan
Fire Chief Thompson reported that hazard mitigation is the effort to reduce loss of life and
property by lessening the impacts of disaster and is most effective when implemented under
a comprehensive long-term mitigation plan. He then provided background regarding the
subject and said the Plan offers potential opportunity for grants and training events in the
future. Once approved by FEMA, the City will receive an overall copy of the County’s Plan. He
said it is vital for the emergency management field to ensure current status. Chief Thompson
said the project occurs every five years and recommends that the Council adopt Resolution
2019-85.
Motion by Councilmember Novitsky, seconded by Councilmember Murzyn, Jr., to waive the
reading of Resolution 2019-85, there being ample copies available to the public. All Ayes,
Motion Carried 4-0.
Motion by Councilmember Novitsky, seconded by Councilmember Murzyn, Jr., to approve
Resolution 2019-85, adopting the Anoka County 2019 Multi-Jurisdictional All-Hazard
Mitigation Plan. All Ayes, Motion Carried 4-0.
B. Bid Considerations
None
C. New Business and Reports
None
10. CITY COUNCIL AND ADMINISTRATIVE REPORTS
Councilmember Novitsky reported that the Columbia Heights Lions will hold its annual Fall Wresting
on November 22 at Murzyn Hall.
Councilmember Williams expressed condolences to Councilmember Murzyn, Jr., on the passing of his
43-year-old son, John. He then reported that there was a great turnout for the recent Traffic
Commission meeting and acknowledged the great work of Kathy Young.
Councilmember Buesgens attended the HeightsNEXT Ted Talk on “How to be a Good Neighbor,” the
Camerata Brass Ensemble event on November 2 at Community United Methodist Church, the Lions
Club boxing event, the City safety training for City employees, the HeightsNEXT Board meeting and
the Library Board meeting.
City Manager Bourgeois reported that City newsletters will be distributed by early next week, budgets
are being finished and last discussions, if needed, will be at the December work session for adoption,
as there will only be one Council meeting in December.
City Council Minutes
November 12, 2019 Page 7
11. COMMUNITY FORUM
Paul Biernat, Columbia Heights resident, reported that he was representing the condominium
homeowners association and that the recently passed “no parking” on Grand Avenue will be a
hardship for residents of nearby condominiums. He said, with the Memorandum of Understanding
with Dominium, there was an understanding of extra parking, but there was a significant number of
parking areas that were not fulfilled. An argument, he said, resulted between Dominium and
homeowners of the townhomes and single-family homes, and Dominium then backed out of that
portion of the Memorandum. He said any help the City can provide regarding Dominium would be
appreciated. He further noted that Dominium’s garages are half empty, and the issues on Grand
Avenue are strictly related to Dominium. In addition, he said the homeowners association would
even entertain four-hour parking restrictions to allow for events and enabling homeowners to have
more than two visitors at any one time.
The second issue, Mr. Biernat said, is that when the development happened, Dominium was given
title to half of all the private roads and common property in the master association of the condos,
townhomes and cottage homes. He was told that the association owns the title and residents may do
what they want but they would have to pay for it. He said the private roads are to the Master and
now those are being shared with Dominium as well as the pocket park, which was never supposed to
be their title. This is raising problems with homeowner deeds and documents, which transpired
when the property was divided. Mr. Biernat said he would like the City to investigate the issue and
try to help rectify it.
City Manager Bourgeois said it was the first time she’d heard of the issue and would look into it and
report back to Mr. Biernat.
12. ADJOURNMENT
Motion by Councilmember Novitsky, seconded by Councilmember Murzyn, Jr., to adjourn. All Ayes,
Motion Carried 4-0.
Meeting adjourned at 7:34 pm.
Respectfully Submitted,
___________________________________
Nicole Tingley, City Clerk/Council Secretary