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HomeMy WebLinkAboutAugust 22, 2005 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL AUGUST 22, 2005 The following are the minutes for the regular meeting ofthe City Council held at 7:00 p.m. on Monday, August 22,2005 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Ericson Diehm, and Councilmember Kelzenberg. The Invocation was given by Pastor Dave Briley, Oak Hill Baptist Church. PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA Nawrocki requested to add the proposed budget and Park and Recreation Commission vacancy. Mayor Peterson added item 7 A4 Budget and 7 AS Commission appointment. PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS AND GUESTS Presentations 1) Introduction of2005-06 Columbia Heights Ambassadors Dorinda Edlund, Program Coordinator, had the Ambassadors introduce themselves. The Mayor thanked them for representing the City of Columbia Heights. A picture of the group was presented and a picture was taken with the City Council. Williams thanked Edlund for her work on the Ambassador Program. 2) Presentation on Global Sister Cities Conference in Spokane Wally Logacz thanked the City Council, on behalf of himself and the Lions, for their support rln~;~..... t..;" 1 1 Y''''~'' n...n"....;'7;......... th" T "...... hn,."" P.,,..,rl,, U" th.,n Jr"rl th"...... f'n,. fh,,;,. cllnnnrl nf'thp Uu.LI1J.5 lll~ 1.1. ""'~~ VJ.6~.1.J.L.lJ.J.J.6 L.LJ.w JL.L1J.J.UV.I.,,","'" I. I,..I...LI.I.UV. .L..LV L.L.l.t...U...Ll.'-""'u. ...L.l.V.l.11.LV1 '-11_.1.1 U"'"t"yv.l... V.L ......1...... Sister City Committee and our Sister City. Funds have been raised to provide their Children's hospital with an ambulance and other contributions. The Committee appreciates clerical assistance received from the City. Logacz described the Sister City Program history and the International Sister City Conference that he and Dolores Strand attended in Spokane, Washington. He indicated that a delegation would visit our Sister City ofLomianki, Poland in September. Logacz stated that Columbia Heights accomplishes more than any other community our size. Funds have been raised for 240 wheelchairs for three hospitals in Poland to be distributed during our visit, along with many books for their library and school system. The Sister Cities Committee has been able to do wonderful work with the support of the City of Columbia Heights. Mayor Peterson indicated that Mr. Logacz is instrumental in the program and in worldwide good will. He proclaimed Wally Logacz as Columbia Heights' Ambassador to the world. Williams indicated his respect for Mr. Logacz carrying word of Columbia Heights to the world. Introduction of New Employees Police Chief Tom Johnson introduced our new Officer, Jason Piehn, known as JP, and gave his background. Johnson swore in Officer Jason Piehn and the Mayor presented him with his badge. Piehn thanked the City Council and his family for attending. Kelzenberg read from a past Green Sheet regarding an incident where Officer Piehn's alert actions took a weapon off the street. City Council Minutes August 22, 2005 Page 2 of 12 CONSENT AGENDA Nawrocki removed 3, 7, and 8 from the Consent Agenda. Fehst recommended canceling #3, establishing a work session for September 6, for lack of agenda items. Walt Fehst, City Manager took the Councilmembers through the consent agenda. 1) Approve City Council Meeting Minutes for August 8, 2005 regular City Council meeting Motion to approve the minutes of the August 8, 2005, regular City Council meeting as presented. 2) Accept Boards and Commissions Meeting Minutes a) Motion to accept the Planning and Zoning Commission meeting minutes of August 16,2005. b) Motion to accept the Telecommunications Commission meeting minutes of August 18, 2005. 3) Establish Work Session Meeting Date for Tuesday, September 6,2005, beginning at 7:00 p.m. in City Council Chambers - cancelled. 4) Approve Fund Transfer from General Fund to Police Department Budget to Reimburse a.T. Fund Motion to transfer $3,178.49 received from Anoka County for reimbursement of Safe and Sober grant overtime worked and for detox transports from the General Fund to the Police Department 2005 budget under line #1020, police overtime. Nawrocki questioned if the Safe and Sober overtime costs are in the budget. Johnson stated they are and are then reimbursed through a grant. 5) Adopt Resolutions No. 2005-44 and 2005-45, being Resolutions Promoting Intrastate Mutual Aid Agreements and Designating NIMS for Incident Management Motion to waive the reading of Resolution No. 2005-44, there being ample copies available to the public. Motion to adont Resolution No. 2005-44, being a Resolution promoting the use ofIntrastate ~ .- - ...- Mutual Aid Agreements. Motion to waive the reading of Resolution No. 2005-45, there being ample copies available to the public. Motion to adopt Resolution No. 2005-45, being a Resolution designating the National Incident Management System (NIMS) as the basis for all Incident Management in Columbia Heights. Fehst stated this is for an Incident Command system in Columbia Heights. Nawrocki asked if the present Fire Chief is certified in the role of Civil Defense Director. Johnson stated that the Fire Chief is certified. Fire Chief Gary Gorman indicated that the City Manager is the Civil Defense Director and he is the Deputy Director. The statewide agreement gives Emergency Management the power to give services to other communities. This would also allow mutual aid of the Public Works equipment or services to other communities. RESOLUTION NO. 2005-44 RESOLUTION BY THE CITY OF COLUMBIA HEIGHTS PROMOTING THE USE OF INTRASTATE MUTUAL AID AGREEMENTS Whereas, Chapter 12, Section 12.331 allows for intrastate mutual aid, and direct timely assistance between jurisdictions is critical: and Whereas, the possibility of the occurrence of natural and other disasters of major size and destructiveness exists and is increasing; and Whereas, there is a need to ensure that preparations of Columbia Heights will be adequate to deal with disasters; generally protect the public peace, health, and safety; and preserve the lives and property of the people of the state; and Whereas, it is necessary to provide for the rendering of mutual aid among the political subdivisions of the state and to City Council Minutes August 22, 2005 Page 3 of 12 cooperate with the federal government with respect to carrying out emergency management functions; and Whereas, it is the policy of Minnesota that all emergency response functions of this state be coordinated to the maximum extent with the comparable functions of the state government, including its various departments and agencies, of other states and localities, and of private agencies of every type, to the end that the most effective preparations and uses may be made of the state's labor supply, resources, and facilities for dealing with any disaster that may occur; and Whereas, the director of each local organization for emergency management may, Ln collaboration with other public and private agencies within this state, develop or cause to be developed mutual aid arrangements for reciprocal emergency management aid and assistance in an emergency or disaster too great to be dealt with unassisted. These arrangements must be consistent with the local emergency operations plan, and in time of emergency, each local organization for emergency management and its members shall render assistance in accordance with the provisions of the mutual aid arrangements; and Now, Therefore Be It Resolved, that the City of Columbia Heights promotes the efficiency and effectiveness of intrastate mutual aid by designating the City Manager or his designee, who, exercising discretion and considering the needs of the political subdivision and its inhabitants, to dispatch equipment and personnel as considered necessary if a danger of fire, hazard, casualty, or other similar occurrence exists outside the political subdivision and by its suddenness it would be impractical for the governing body of Columbia Heights itself to authorize the dispatch of equipment and personnel to combat that emergency or disaster. RESOLUTION NO. 2005-45 DESIGNA nON OF THE NA nONAL INCIDENT MANAGEMENT SYSTEM (NIMS) AS THE BASIS FOR ALL INCIDENT MANAGEMENT IN COLUMBIA HEIGHTS Whereas, the President of the United States of America issued Homeland Security Presidential Directive 5 to enhance the ability of the United States to manage domestic incidents by establishing a single, comprehensive National Incident Management System (NIMS); and Whereas, the President, in Homeland Security Presidential Directive 5, tasked the secretary of the U.S. Department of Homeland Security to develop and administer a national incident management system; and Whereas, the secretary of the U.S. Department of Homeland Security developed and administered the National Incident Management System (NIMS) to provide for interoperability and compatibility among federal, state, and local capabilities, the NIMS will include: a core set of concepts, principles, terminology, and technologies covering the incident command system; multi-agency coordination systems; unified command; training; identification and management of resources (including systems for classifying types of resources); qualifications and certification; and the collection, tracking and reporting of incident information and incident resources; and Whereas, Minnesota Governor Tim Pawlenty issued Executive Order 05-02: designation of the National Incident tv1anagement System (t-~IlvIS) as the basis for all L'lcident management in the State of Minnesota; and Whereas, the collective input and guidance from all federal, state, local, and tribal homeland security partners has been, and will continue to be, vital to the development, effective implementation, and utilization of a comprehensive NIMS; and Whereas, the NIMS standardized procedures for managing personnel, communications, facilities, and resources will improve the ability of Columbia Heights to utilize federal funding to enhance local and state agency readiness, maintain first responder safety, and streamline incident management processes; and Whereas, the incident command system components of the NIMS are already an integral part of various incident management activities throughout Anoka County, including current emergency management training programs; and Whereas, the National Commission on Terrorist Attacks (9-11 Commission) recommended adoption of a standardized incident command system; and Now, Therefore, the Columbia Heights City Council does hereby establish the National Incident Management System (NIMS) as the City of Columbia Heights standard for incident management. 6) Approve the Items Listed for Rental Housing License Applications for August 22. 2005 Motion to approve the items listed for rental housing license applications for August 22,2005. 7) Approve a Professional Services Agreement with SEH for Huset Parkway - removed 8) Approve a Professional Services Agreement with Pro Source for Huset Parkway - removed 9) Authorize Additional Segments to the 2005 Water Main Cleaning and Lining Program. City Proiect 0504 Motion to authorize the addition of Jefferson Street segment from 48th to 49th Avenues to the 2005 water main cleaning and lining program, under the Minneapolis Program at an additional cost of City Council Minutes August 22, 2005 Page 4 of 12 $16,300, with funding from the Water Construction Fund, 651-50504-5130. Kevin Hansen, Public Works Director, stated funds would come from the Sewer and Water fund. 10) School Liaison Officer Contract with School District #13 for 2005-2006 lVlotion to authorize the Mayor and Chief of Police to enter into a Joint Powers Agreement with School District #13 for the provision of a police school liaison officer as stipulated in the Joint Powers Agreement for the period of September 1, 2005 through June 8, 2006. Nawrocki questioned the amount not being 50 percent of an officer's salary. Fehst stated it is 50 percent ofthe salary during the school year. 11) Adopt Resolution No 2005-42. Being a Resolution Adopting the 2006 Business License Fee Schedule Motion to waive the reading of Resolution No. 2005-42, as there are ample copies available to the public. Motion to adopt Resolution No. 2005-42, being a resolution adopting the 2006 Business Licensee Fee Schedule as presented. Nawrocki stated that license fees have to relate to actual administrative costs and asked what those costs were. Fehst stated this is reviewed and recommended by the Department Head and the City Attorney. City Attorney Jim Hoeft stated that fees are determined to the best of our ability, and that the requirement relating to expenses of the city has been in place for a number of years and is the procedure followed. Peterson stated that the pawn shop license received a lot of consideration by Council. Nawrocki requested to see the written cost review. Fehst stated there are no minutes of these staff meetings. Nawrocki expressed concern to stay within the law. Peterson questioned liquor licenses ranging from $300 to $8,000, and stated that club licenses reauire as much to administer as liauor licenses. Hoeft stated that license fees are anemic and do - - -~ -- - -. - ... not even cover the actual cost. Peterson stated this has previously been reviewed by the City Council. RESOLUTION NO. #2005-42 ADOPTING 2006 BUSINESS LICENSE FEE SCHEDULE WHEREAS: Ordinance No. 853, City Code of 1977, pertaining to commercial licensing regulations provides for the establishing of annual license fees; and WHEREAS: The City has participated in a survey of metropolitan municipalities regarding business license fees charged by other communities; and WHEREAS: The City is attempting to maintain business license fees which are comparable to other communities; and WHEREAS: The City annually reviews its business license fee schedule and has concluded that our fees are comparable to other communities in the metro area; NOW, THEREFORE, BE IT RESOLVED that the attached proposed license fee schedule be adopted and effective January 1,2006. 12) Approve Business License Applications Motion to approve the items as listed on the business license agenda for August 22, 2005 as presented. 13) Approve Payment of Bills Motion to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 113918 through 114078 in the amount of$I,355,253.83. City Council Minutes August 22, 2005 Page 5 of 12 Motion by Williams, second by Kelzenberg, to approve the Consent Agenda items, with the exception of #3, #7, and #8. Upon vote: All ayes. Motion carried. 7. Approve a Professional Services Agreement with SEH for Huset Parkway - removed Nawrocki stated he is opposed to the project and would not vote in favor. He questioned how the cost split would be determined. Hansen explained the 60-40 split. He stated that we would do the inspections and charge the time against the project. Motion by Williams, second by Ericson Diehm, to approve the Professional Services Agreement with SEH for engineering consultant services for the construction phase of Huset Parkway in an amount not to exceed $25,000. Upon Vote: Kelzenberg, aye; Williams, aye; Ericson Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. 8. Approve a Professional Services Agreement with Pro Source for Huset Parkway - removed Motion by Williams, second by Kelzenberg to approve a Professional Services Agreement with Pro Source for environmental engineering services for Huset Parkway in an amount not to exceed $37,500. Upon Vote: Kelzenberg, aye; Williams, aye; Ericson Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - I nay. Motion carried. PUBLIC HEARINGS A) Public Hearing called for Revocation/Suspension of Rental Housing License at 1131 40th Avenue NE Mayor Peterson closed the Public Hearing regarding the revocation or suspension of the rental license held by Segundo Ramon regarding rental property at 1131 40th Avenue N.E. in that the violations have been corrected. B) Public Hearin g called for Revocation/Suspension of Rental Housing License at 1336-133843 Y:z Avenue NE Mayor Peterson closed the Public Hearing regarding the revocation or suspension of the rental license held by Isrnael Orner regarding rental property at 1336-133843 Y:z Avenue N.E. in that the violations have been corrected. B) Public Hearin g called for Revocation/Suspension of Rental Housing License at 3731-33 Pierce Street NE Mayor Peterson closed the Public Hearing regarding the revocation or suspension of the rental license held by Hydahm Kerim regarding rental property at 3731-33 Pierce Street NE in that the violations have been corrected. C) Public Hearin g called for Revocation/Suspension of Rental Housing License at 3726 3rd Street NE Mayor Peterson closed the Public Hearing regarding the revocation or suspension of the rental license held by TJ2 Holdings regarding rental property at 3726 3rd Street NE in that the violations have been corrected. D) Public Hearing called for Revocation/Suspension of Rental Housing License at 543 40th Avenue NE Mayor Peterson closed the Public Hearing regarding the revocation or suspension of the rental license held by Kiros Tesfaye regarding rental property at 543 40th Avenue N.E. in that the violations have been corrected. E) Public Hearing called for Revocation/Suspension of Rental Housing License at 600 51 5t Avenue NE Mayor Peterson closed the Public Hearing regarding the revocation or suspension of the rental license held by Anthony Chester regarding rental property at 600 51 st Avenue N .E. in that the violations have been corrected. City Council Minutes August 22, 2005 Page 6 of 12 ITEMS FOR CONSIDERATION Other Ordinances and Resolutions 1) First Reading of Ordinance 1493, Vacating a Portion of 5th Street N .E. Perry Thorvig, City Planner, indicated the Planning Commission has reviewed all vacations requested of underlying property. The recommendation is to approve the vacation as shown with reservation of a utility easement. Hansen stated the process was approved by Council three months ago and this is part of the process. Motion by Williams, second by Ericson Diehm, to waive the reading of Ordinance No. 1493, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to establish a second reading of Ordinance No. 1493, vacating a portion of 5th Street NE for Monday, September 12,2005 at approximately 7:00 p.m. in the City Council Chambers. Upon vote: All ayes. Motion carried. 2) First Reading of Ordinance 1494, 1495, and 1496, Vacating a Portion of 38th Avenue NE, 39th Avenue NE, Lookout Place, and the Adiacent Alley Thorvig indicated each vacation and easement on a map. He stated the wording should be changed on Ordinance 1495 vacating 39th Avenue NE eliminating Section 2. In Ordinance 1496 Look Out Place, Section 2 should read "a utility and drainage easement is hereby reserved" and eliminate language through "Qwest", and after look Out Place insert "describe". Nawrocki questioned if the carriage homes would have access to the parkway. Thorvig stated the garages are to the rear and will not have access to the parkway. Motion by Ericson Diehm, second by, Williams, to waive the reading of Ordinances No. 1494, 1495 a.lld 1496 there being ample copies available to the public. Upon vote: All Ayes. Motion carried. Motion by Ericson Diehm, second by Williams, to establish second readings of Ordinances No. 1494, 1495, and 1496 vacating a portion of 38th Avenue NE, vacating a portion of 39th Avenue NE, and vacating a portion of Lookout Place and adjacent aHey. Upon vote: Ail ayes. :Motion carried. 3) Adopt Emergency Ordinance No. 1497, Being an Ordinance Replacing Emergency Ordinance No. 1481, an Ordinance Repealing Ordinance No. 1449, and Imposing a Moratorium on Motor Vehicle Sales and/or Lease Dealerships in the General Business Districts Motion by Kelzenberg, second by Williams, to waive the reading of Emergency Ordinance #1497, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Emergency Ordinance #1497, being an Ordinance imposing a moratorium on motor vehicle sales and/or lease dealerships in the General Business Districts. Upon vote: All ayes. Motion carried. EMERGENCY ORDINANCE NO. 1497 AN INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY, AND WELFARE OF CITY RESIDENTS; AND REGULATING MOTOR VEHICLE SALES AND/OR LEASE LOTS The City of Columbia Heights does ordain: Section 1: On May 29, 2001, the City of Columbia Heights adopted Ordinance 1428, which is an ordinance relating to and establishing a Zoning and Development plan and revised Zoning Map for the City of Columbia Heights; and, Section 2: Ordinance 1428 and subsequent amendments is officially known as the Columbia Heights Zoning and Development Ordinance; and, City Council Minutes August 22, 2005 Page 7 of 12 Section 3: The Columbia Heights Zoning and Development Ordinance divides the City into four residential districts, three business districts, and two industrial districts; and, Section 4: The three business districts are further classified in the Columbia Heights Zoning and Development Ordinance as LB, Limited Business District; GBD, General Business District; and CBD, Commercial Business District; and, Section 5: The City Council determines it is necessary to undertake a land use study to detennine the effect that the operation of motor vehicle sales and/or leasing lots have and are having on the areas in which they are located, including, but not limited to the effects on automobile traffic near the lots, the effects on provision of city services to the properties and other effects arising from the operation of businesses; and, Section 6: The Columbia Heights City Council finds it necessary and appropriate to prohibit the expansion of exiting motor vehicle sales and/or leasing lots and the establishment of motor vehicle sales and/or leasing lots while the information is gathered regarding existing lots so as to obtain an accurate depiction of the effects such existing lots are having in Columbia Heights; and, Section 7: Minnesota Statues, Section 462.355, Subd. 4 allows the City of Columbia Heights to adopt this Interim Ordinance to protect the planning process. The City Council finds that adoption of this Interim Ordinance will protect the planning process and the health, safety and welfare of its citizens while the study provided for in this Ordinance is being conducted; and, Section 8: The Columbia Heights City Council hereby imposes a moratorium on automobile businesses in the General Business District effective immediately and terminating on February 14,2006, and recognizing said time period may be shortened or extended by adoption of an Emergency Ordinance by the City Council. Section 9: Activities affected by this moratorium include the establishment of motor vehicle sales and/or lease lots and the expansion of existing motor vehicle sales and/or lease lots within the General Business District in the City of Columbia Heights for the purpose of protecting the planning process pending completion. Section 10: This Ordinance shall be in full force and effect immediately. 4) Budget Discussion Fehst apologized for any confusion, stating the request was for discussion on September 12. Package information was distributed last Friday and discussed at the work session. The recommendation is for a 5.5 percent levy increase and would allow for add backs to the budget. The loss of State Aid was less than anticipated for the coming year, or we would have had to recommend a 7.5 percent increase. An HRA levy increase of 2 percent is recommended to capitalize on a yearly basis for redevelopment primarily in the Heritage Heights area. The 5.5 percent increase would allow $245,000 in new revenue and net the City $215,000. In last year's budget several positions were added back or frozen, including 23rd and 24th Police Officers, rehire of a Firefighter, Assistant Fire Chief, a full time Building Official, City Planner, and this year an additional Community Development Assistant. Fehst described additional PERA cost requirements. The request at the September 1ih Council meeting will be to set the maximum levy. Fehst stated that there would be a joint City Council/School Board meeting on Augusts 29th at their building. Nawrocki indicated the Charter requirement that the budget be presented in August and his displeasure in the lack of detail in the document received. He stated that we can not continue to criticize on the loss of State Aid. In 2004 we had a surplus of$716,000, which would be more than enough to make up for the tax increase this year. Fehst stated that budget information is available at the Library and City Hall. Nawrocki stated that budget work session meeting dates have not been discussed. He has a conflict on the first and second Tuesdays of the month and there is an agreement to not meet on the third Monday. The final budget adoption should be at a regular meeting and Council should be meeting during September and October for budget review. One-half hour meetings are not adequate. Tuesday, Wednesday, Thursday, and Saturday meetings should be held to understand the budget. Meetings should not be power point presentations, but discussion of the numbers. 5) Appointment to the Park and Recreation Commission Peterson stated that Gary Meyer, Park and Recreation Commission, has given his resignation. There is a list of applicants that Council has interviewed. Motion by Nawrocki to appoint Stan Hoium to the Park and Recreation Commission for the unexpired term. City Council Minutes August 22, 2005 Page 8 of 12 Ericson Diehm stated that everyone interviewed was very qualified. Fehst listed the applicants that had indicated interested at the March interviews. Second by Kelzenberg. Upon vote: All ayes. Motion carried. Ericson Diehm publicly thanked Gary Meyer for his service on the Commission and his service to the community. All members agreed. Bid Considerations -none Other Business 1) Approve Phase I, Final Plat for Huset Park Thorvig stated that the preliminary plat was approved on June 13. The Planning and Zoning Commission held a Public Hearing on the Final Plat, which resulted in their recommendation for approval. The City Attorney has reviewed the information. Nawrocki questioned the Ryland Homes connection and who is responsible for monetary commits made. Hoeft stated that Ryland Homes is the Builder within the development. He indicated unique components of pond maintenance and Homeowner Association responsibilities. Schafer Richardson maintains monetary responsibility, detailed in the Development Agreement. Peterson asked if this document was similar to the Nedegaard project. Hoeft stated that was the template used. Ericson Diehm indicated that the original documents contemplated involvement of a third party. Randy Schumacher, Project Director, stated that Schafer Richardson is the developer; platting the property and responsible for the infrastructure and improvements, which holds him responsible for the warranties. The EDA approved Schafer Richardson's request that Ryland develop the units. Shafer Richardson will finish the lots and Ryland will market the units. The Homeowners Association is a requirement of Ryland. The first document is for Schafer Richardson development and the second document is for the Ryland requirements. Nawrocki indicated pleasure that no more than ten percent of the units can be rented out at one time, though he would prefer five percent. A resident told him of historical foundry blocks that could be included in the parkway or the roundabout. Schumacher stated the blocks are made from glass byproducts/black sand. Motion by Williams, second by Kelzenberg, to approve the Huset Park Final Plat for Phase 1. Upon vote: Kelzenberg, aye; Williams, aye; Ericson Diehm, aye; Nawrocki, nay; Peterson, aye. 4 Ayes - 1 Nay. Motion carried. 2) Approve Huset Park, Phase I Development Agreement with Schafer Richardson Motion by Ericson Diehm, second by Kelzenberg, to approve the Development Agreement between Schafer Richardson and the City of Columbia Heights for Phase I of the Huset Park Redevelopment Project. Hansen stated that this document spells out the Developer's responsibilities, the City's responsibilities, warranty agreements, and financial aspects. It includes the Letter of Credit; the amount of surety is $1.8 million. It includes that we will inspect the public improvements, with the City Council Minutes August 22, 2005 Page 9 of 12 Developer paying for the inspections. We promoted a regional pond for the entire area with a 50/50 maintenance split. It also sets requirements for Park Dedication. The Shafer Richardson development company for the project is Huset Development Corporation. Nawrocki questioned the separate corporate name. Hoeft indicated this is not relevant, as the security posted is 125 percent ($1,836,000) of the development contract and the City can hold occupancy certificates until all agreements and improvements are completed. Nawrocki questioned the costs. Hoeft and Hansen referred to the exhibits distributed. Nawrocki questioned the cost of the pond. Hansen stated he did not have that information with him, as the storm water pond is not part of the development plan - it is part of the parkway. Nawrocki stated that the pond is for the development, therefore they should pay for it. Hansen clarified reasons for the ponding. Hoeft clarified Paragraph 7.3 - No remedy exclusive. In the developer's redraft there was language by the developer that the city should not be able to draw on the deposit or bill the developer. We need to include that limitation to the extent the letter of credit reimburses the City. If not fully reimbursed, the City may have the work done and bill the developer. Clarification of9.61C re: 50/50 sharing ofthe pond maintenance and cleaning the storm sewer grid on an annual basis, should be changed to include annual maintenance. Peterson asked if the developer is in agreement with this. Hoeft stated he was. Revised motion by Ericson Diehm to accept and include the City Attorney's changes. Revised motion seconded by Kelzenberg. Nawrocki stated he is against the project because of the loss of industrial land in the community, and the high density. Upon vote: Kelzenberg, aye; Williams, aye; Ericson Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. 3) Approve Preliminary Plat for Phase 2, Huset Park Industrial Park Redevelopment. Thorvig described the location and indicated Planning Commission approval subject to certain conditions. He described the proposed buffer between the University A venue curb and the development. The other issue is the design of the rence. They developer requested a combination of wrought iron and wood fence. The recommendation is for wrought iron along the entire distance with stone/brick columns. The developer is concerned about losing the four units adjacent to the fence because of set back requirements. This recommendation is only for the preliminary plat, with several conditions required. Nawrocki questioned parking for phase one and two. Thorvig stated that each unit would have a two car garage, with a street widths from 22 to 28 feet. He pointed out where there would be parallel parking and parking bays. There are 87 additional parking spots for this area. Each garage allows two vehicles and each driveway allows an additional two vehicles. The distance from the garage to the street is 22 feet. Brad Schafer, Schafer Richardson, indicated there would be an additional area, called Phase III. Nawrocki questioned the number of units there. Schaffer indicated a preliminary number of209 units with 57 units on the NE corner by the roundabout, including commercial space. Motion by Ericson Diehm, second by Williams, to approve the Preliminary Plat for Phase 2, Huset Park Industrial Park Redevelopment subject to conditions recommended by the Planning Commission and staff. City Council Minutes August 22, 2005 Page 10 of 12 Nawrocki question the square footage of each housing type. Peterson stated that each type meets our requirement. Brian Sullivan, Ryland Homes, stated the two story homes are 1,600 to 1,800 square feet. There were three alternative housing types for the Planning & Zoning Commission to consider. Ericson Diehm suggested watching the Planning and Zoning Commission meeting on Cable TV, to view the extensive discussion on the topics. Peterson questioned if marketing was completed to determine housing types. Sullivan stated yes, that is why the third style was included. Peterson again stated this is a preliminary plat. Schafer referred to the good working relationship with staff over the past two years, but the University Avenue setback is being debated. This was the reason for agreement to the wrought iron fence. The homes planned at the 42 feet setback and are important to the financial needs of the project. In Minneapolis homes are 15 feet from University Avenue. Nawrocki stated less concerned about distance from the road and more concern about spacing between units, parking, and where kids will play. Upon vote: Kelzenberg, aye; Williams, aye; Ericson Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. ADMINISTRATIVE REPORTS . Report of the City Manager . Continue to meet with Department Heads and Finance Director on the Budget. . Regarding the owner of 44th and Stinson present at the last meeting - it is not being rezoned and we will work with the County on this. . Following up on complaints from the last Council meeting. . Meetings this week will include a walk through of the Public Works Building renovation. Report of the City Attorney - none CITIZENS FORUM -none COUNCIL CORNER Kelzenberg . See people working on their yards and appreciates it. . Booster golf tournament tomorrow. Williams . Thanked the Attorney for his work that is not commented on, along with the Public Works Director. . The Gateway Park is beautiful. The work was lead by Sylvia Okerstrom and the volunteer Beautification Committee. Fehst referred to Sue Murzyn's volunteer work on the flowers at City Hall. . Wished everyone a nice Labor Day. . School will start before the next Council meeting. . Delegation is preparing for trip to our Sister City in Poland. We need to have a World Wide Ambassador, which should be Wally Logacz. . Continue to pray for health, peace, and prosperity of our city. Ericson Diehm . Wednesday, August 24, Ice Cream Social at Huset Park garden building from 6:00 to 8:30 p.m. City Council Minutes August 22, 2005 Page 1 I of 12 and is sponsored by the V ote Yes for Kids Committee to learn about the upcoming levy referendum. . The Fire Department will host an open house on Saturday, October 1. This is their first open house in 20 years and they are looking for donations from the business community. Fehst stated that Fire Chief Gary Gorman is doing a fantastic job in his new role. He is very good at what he does. . 'Wished Mr. Nawrocki a Happy Birthday as of yesterday. Nawrocki . We spent money on Central Avenue on colored concrete, but it is going backward because of temporary signage. . Requests better ongoing financial reporting on development dollars spent on consultants, staff time, and where money is to come from. . Questioned reference in green sheet to presentation from Streetar and Mayor to residents behind McDonalds. . V olunteers were recognized this past week at the Library. . Last Friday was the Parkview Villa picnic. . Request from Fridley for support of their request for State funding for Springbrook. As a regional facility, we should support it and it would cost us nothing. Fehst stated that we will not be competing for any ofthese state funds and the item will be on the September 1ih agenda. . The Police Chief is checking on bike licensing. This was previously done by the State. . Still trying to find out the cost for work done outside ofthe Library. Snow plows will hit this curb. Peterson . Columbia Heights has a lot of volunteers - at the Library, Sister Cities, Library Foundation, Tri- City Hockey, Beautification Committee, and 501C3 group. The holiday kick off party funds bought a sound system for the Recreation puppet wagon. . The Booster golf tournament is tomorrow. . Friday will be the Jeff, Bobby, and Steve's Autoworld golf tournament. The Columbia Heights activity fund will be a beneficiary, along with the Autism Foundation and the Red Cross. Past donations include $3,500 to the Library Foundation and $3,500 to the Wheelchairs For Peace program, which will distribute the 240 wheelchairs in Poland. This is all done by volunteers. . On SatL.lrday, tlie two graduated CERT groups will join a larger group for a rodeo training session. Calls were placed on the automated call system. These people are also volunteers. . A service man recently back from Iraq was appointed Honorary Mayor to judge the karaoke contest at the car show. It was wonderful to meet him and thank him for his service. We need to thank our service personnel. Williams described the dedication ceremony at Kordiak Park for soldiers killed in WWII. He stated that Councilmember Nawrocki was very eloquent. Peterson read the safety reasons for the curbing placed at the Library. The cost was $1,717 and will be shared between departments. The process is similar to work at other city facilities. We must maintain our buildings. Peterson thanked Oil Mros for spearheading the plaque dedication at Kordiak Parle It was very moving when the WWII vets came forward. Nawrocki stated that the plaque was for all service personnel from Anoka County. Peterson . Don't take ourselves too seriously and do a random act of kindness. City Council Minutes August 22, 2005 Page 12 of 12 ADJOURNMENT Mayor Peterson adjourned the meeting at 10:06 p.m.