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HomeMy WebLinkAboutMarch 27, 2006 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MARCH 27, 2006 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, March 27,2006 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Walt Fehst, City Manager, gave the invocation. PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA - none PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS AND GUESTS A) Proclamations 1) National Library Week Mayor Peterson read the National Library Week Proclamation and presented it to Pat Sowada and Lynette Thompson of the Columbia Heights Library Board. Sowada thanked the Council for their support. Becky Loader, Library Director was also present. B) Recognition 1) Officer Paul Bonesteel, Metro Area Traffic Officer of the Year Bob O'Brien, MN Safe and Sober program and Gordie Pehrson Minnesota Department of Public Safety presented Columbia Heights Police Officer Paul Bonesteel the Metro Area Traffic Officer of the Year award. They commended Officer Bonesteel on his successful efforts to reduce crashes and educate the public. They indicated the high prestige of this award. Officer Bonesteel expressed his thanks for the award and thanked his fellow officers and staff that gave their support in education, enforcement and acknowledgement. He indicated with pride that this program has reduced accidents in our community. Miscellaneous Three Boy Scouts from Troop #119 introduced themselves, stating they were present to work on their citizenship and community merit badge. Nawrocki recognized Joe Orendorff in the audience, stating that Mr. Orendorff was previously a City Council member. During his tenure the building of the library was authorized. Mr. Orendorff addressed the Council, indicating that when he was 24 years old he flew 29 bombing missions during WWIl. He stated that he has a war memorial room in his home for those interested to visit. Peterson stated that Council has recommended the naming of a street after Mr. Orendorff in the Huset Park Phase II development. CONSENT AGENDA Walt Fehst, City Manager, took Councilmembers through the Consent Agenda items. 1) Approve City Council Meeting Minutes for March 13,2006 regular City Council meeting Motion to approve the minutes of the March 13,2006 regular City Council meeting as presented. Nawrocki indicated that upon watching the last meeting on cable TV he noted that we put most everything on the consent agenda, which allows very little discussion. This should be to give the public the information they are entitled to. Regarding the purchase of trucks under the City Council Minutes March 27, 2006 Page 2 of 15 budgeted amount, brings up the question if the proper work was done and we over budgeted for them. It will be interesting to see if the money that was saved will be available at the end of the year or used for something else. Regarding the resolution supporting transit funding, remember in the past these funds supported state aid and with this change the funds would no longer go there. 2) Accept Boards and Commissions Meeting Minutes a) Motion to accept the minutes of the March 2,2006 Library Board of Trustees meeting. b) Motion to accept the minutes of the February 22, 2006 Park and Recreation Commission meeting. c) Motion to accept the minutes of the March 13,2006 Traffic Commission meeting. 3) Establish Work Session meeting date for Monday, April 3, 2006, beginning at 6:00 p.m. in Conference Room 1 and to schedule a joint meeting with the School Board at 7:30 p.m. at the School District Office Motion to schedule a City Council Work Session for Monday, April 3, 2006 beginning at 6:00 p.m. in Conference Room 1 and to schedule a joint meeting with the School Board at 7:30 p.m. at the School District Office. Fehst stated there would be a meeting with the Charter Commission on proposed changes and a joint meeting with the School Board. Nawrocki indicated that it was agreed upon not to schedule meetings for the third Monday of the month. 4) Appointment of Board and Commission members to expiring terms. Motion to re-appoint to the Library Board - Barb Miller and Catherine Vesley for three year terms; to the Park and Recreation Commission - David Payne and Kevin McDonald for two year terms and Eileen Evans and Marsha Stroik for five year terms; to the Planning and Zoning Commission Rob Fiorendino for a four year term; to the Police and Fire Civil Service Commission - Harold Netkow for a three year term; to the Telecommunications Commission- Kenneth Henke, Bob Buboltz, Dan Swee and Bradley Peterson for two year tenns; and to the Traffic Commission - Ed Carlson and Joseph Goodman for four year terms effective April 1, 2006. Nawrocki stated that the matter of appointments was something the Council always discussed, but now they are put on the consent agenda without discussion. It was in the City newsletter encouraging residents to apply for City Boards and Commissions. 5) Accept grant and approve contract to participate in Safe & Sober program May 22 to June 4, 2006 Motion to authorize the Mayor and Chief of Police to enter into a contract with the State of Minnesota Department of Public Safety for a Safe and Sober overtime grant in the amount of $3,000. Nawrocki asked ifthere is a cost to the City for this program. Fehst stated no. Nawrocki asked how many hours of work we get for the $3,000. Police Chief Tom Johnson indicated it varies with different rates of pay, but estimated approximately 80 hours total. He indicated that thanks to Officer Bonesteel no match is required and ifthere are remaining funds they call cities like us that they know will put in a good effort and give it to us. City Council Minutes March 27, 2006 Page 3 of 15 6) Authorize Joint and Cooperative Agreement for formation and administration ofthe Anoka- Hennepin Narcotics and Violent Crimes Task Force Motion to authorize the Mayor and the City Manager to enter into a Joint and Cooperative Agreement for the formation and administration of the Anoka-Hennepin Narcotics and Violent Crimes Task Force and to approve the payment of$4,596 as the City's part of the 2006 federal grant match, with funds to come from the unexpended funds in the 2006 Police Department budget, Personal Services section. Nawrocki questioned where the officer would be stationed. Fehst stated they are plain-clothes officers and work from an undisclosed location in Anoka County. 7) Approve change of westbound right lane 37th Ave. at Central Ave. to right turn only lane Motion to direct the Public Works Department to change the westbound right lane of 3 ih Avenue NE at Central Avenue NE to a right turn only lane, with appropriate striping and slgnage. Fehst stated this went before the Traffic Commission and the Police Department with agreement that this spot warrants more control. Nawrocki questioned backups from traffic going straight and turning traffic using the same lane and the number of accidents at this location. Johnson explained the danger ofthe current situation where people pass on the right. We will look to extend the time of the traffic light and will clearly mark the intersection. There have been five accidents at this location. 8) Adopt Resolution No. 2006-37 awarding Crack Sealing, Resolution 2006-38 awarding Street Striping and Resolution 2006-39 awarding Seal Coat Motion to waive the reading of Resolution No. 2006-37, there being ample copies available to the public. Motion to adopt Resolution No. 2006-37, being a resolution awarding the Joint Powers Agreement Contract with the City of Coon Rapids for the 2006 Crack Sealing Project to Bergman Companies, based upon their low, qualified, responsible bid in the amount of $0.46 per lineal foot with an estimated cost of $12,880.00 to be appropriated from Fund 212-43190- 5130. Motion to waive the reading of Resolution No. 2006-38, there being ample copies available to the public. Motion to adopt Resolution No. 2006-38, being a resolution awarding the Joint Powers Agreement Contract with the City of Coon Rapids for the 2006 Street Striping Project to Bergman Companies, based upon their low, qualified, responsible bid in the amount of$13.95 per gallon with an estimated cost of $2,206.89 to be appropriated from Fund 212-43190-4000 and $309.69 to be appropriated from Fund 101-43170-4000. Motion to waive the reading of Resolution No. 2006-39, there being ample copies available to the public. Motion to adopt Resolution No. 2006-39, being a resolution awarding the Joint Powers Agreement Contract with the City of Coon Rapids for the 2006 Seal Coat Project to Allied Blacktop Company, based upon their low, qualified, responsible bid in the amount of$1.15 per gallon of emulsion and up to $39.50 per ton of aggregate with an estimated cost of $40,292.53 City Council Minutes March 27, 2006 Page 4 of ] 5 to be appropriated from Fund 415-50601-5130 and $27,563.49 to be appropriated from Fund 430-46323-5130. Fehst stated that we are the only city involved in crack sealing this year. RESOLUTION NO. 2006-37 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 2006 STREET MAINTENANCE, CRACK SEALING TO BERGMAN COMPANIES WHEREAS, the City Council of Columbia Heights entered into a joint powers agreement with the City of Coon Rapids to administer the public bidding process including entering into a contract with the low, qualified, responsible bidder, and WHEREAS, pursuant to an advertisement for bids for 2006 Street Maintenance, including Columbia Heights Crack Sealing Project, bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Bidder Amount Bergman Companies $ 12,880.00 Astech Asphalt Surface Technologies $ 17,892.00 Allied Blacktop Company $ 19,600.00 Fahrner Asphalt Sealers $ 19,600.00 WHEREAS, it appears that Bergman Companies ofEau Claire, Wisconsin, is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MN 1. The City of Coon Rapids is hereby authorized to enter into a contract with Bergman Companies on behalf of the City of Columbia Heights for 2006 Street Maintenance Materials, according to the specifications for said project and accepting Crack Filling Base Bid. 2. The City Manager of Columbia Heights is authorized to expend funds in accordance with the terms of the Joint Powers Agreement and the Bid Documents. 3. City Crack Sealing Project shall be funded with 100% State Aid maintenance funds. RESOLUTION NO. 2006-38 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 2006 STREET MAINTENANCE, STRIPING PROJECT TO BERGMAN COMPANIES WHEREAS, the City Council of Columbia Heights entered into a joint powers agreement with the City of Coon Rapids to administer the public bidding process including entering into a contract with the low, qualified, responsible bidder, and WHEREAS, pursuant to an advertisement for bids for 2006 Street Striping, bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Company AJl10unt Bergman Companies $ 78,810.00 Traffic Marking Services $ 82,635.00 AAA Striping Service Co. $ 83,832.00 United Rentals Highway Technologies, Inc. $ 106,780.00 WHEREAS, it appears that Bergman Companies of Eau Claire, Wisconsin is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MN 1. The City of Coon Rapids is hereby authorized to enter into a contract with Bergman Companies on behalf of the City of Columbia Heights for 2006 Street Striping, according to the specifications for said project and accepting Traffic Markings Base Bid. 2. The City Manager of Columbia Heights is authorized to expend funds in accordance with the terms of the Joint Powers Agreement and the Bid Documents. 3. City Street Striping Project shall be funded with 85% State Aid maintenance funds and 15% general funds. RESOLUTION NO. 2006-39 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 2006 STREET MAINTENANCE, SEAL COATING TO ALLIED BLACKTOP COMPANY WHEREAS, the City Council of Columbia Heights entered into a joint powers agreement with the City of Coon Rapids to administer the public bidding process including entering into a contract with the low, qualified, responsible bidder, and WHEREAS, pursuant to an advertisement for bids for 2006 Street Maintenance, Seal Coating bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: City Council Minutes March 27, 2006 Page 5 of 15 Company Allied Blacktop Company Pearson Brothers Astech Asphalt Surface Tech. Base Bid Amount (Trap Rock) $ 1,151,346.60 $ 1,219,581.51 $ 1,451,488.75 Alternate Bid Amount (Granite) $ 1,064,106.10 $ 1,176,791.51 $ 1,410,698.75 WHEREAS, it appears that Allied Blacktop, 10503 89th Ave. No., Maple Grove, MN is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MN I. The City of Coon Rapids is hereby authorized to enter into a contract with Allied Blacktop Company on behalf of the City of Columbia Heights for 2006 Street Maintenance Seal Coating, according to the specifications for said project. 2. The City Manager of Columbia Heights is authorized to expend funds in accordance with the terms of the Joint Powers Agreement and the Bid Documents. 3. City Project shall be funded 60% by assessments and 40% from Infrastructure Fund. 9) Adopt Resolution No. 2006-45, Plans/Specs, and advertisement for bids - 2006 Street Rehab Motion to waive the reading of Resolution No. 2006-45, there being ample copies available to the public. Motion to adopt Resolution No. 2006-45, being a Resolution approving Plans and Specifications and ordering Advertisement for Bids for 2006 Street Rehabilitation, Zone 7B and lA, City Project Number 0502. Fehst stated this is for Zone 7B and lA, the final loop ofthe city and the beginning of the next go around. RESOLUTION 2006-45 BEING A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, CITY PROJECT 0502 WHEREAS, pursuant to a resolution passed by the Council on March 6, 2006, the City Engineer has prepared plans and specifications for the Full Street Reconstruction on 38th Avenue (Dead-end to Main St) 2nd Street (3ih Ave to 38th Ave and 39th Ave to 40th Ave), 2Y2 Street (3ih Ave to Edgemoor Place) and Edgemoor Place (2Y2 St to 3rd St); Partial Street Reconstruction on California Street (39th Ave to Cul-de-sac), 2nd Street (38th Ave to 39th Ave), 2 Yz Street (Edgemoor Place to 3rd St)and 3rd Street (Edgemoor Place to 40th Ave); and Mill and Overlay on 39th Avenue (California St to Main St), Edgemoor Place (2 ~S St to 40th Ave), 3rd Street (38th Ave to Edgemoor Place), 38th Avenue (3rd St to Dead-end), 42nd Avenue (2nd St to 3rd St), 2nd Street (43rd Ave to 44th Ave), Tyler Place (43 12 Ave to 45th Ave), 43 Y2 Ave (Dead-end to Cul-de-sac), 44 12 Avenue (Tyler PI to Cul-de-sac) and Buchanan Street (44 Y2 Ave to 45th Ave) and has presented such plans and specifications to the Council for approval. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBlA HEIGHTS, MN 1. Such plans and specifications identified as 2006 Street Rehabilitation, Zone 7B and lA, City Project Number 0502 are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in a trade journal an advertisement for bids upon making of such improvement under such approved plans and specifications. The advertisement shall be published a minimum of three weeks prior to the bid opening, shall specify the work to be done, shall state that bids will be received by representatives of the City Council of Columbia Heights until 10:00 a.m. on May 2, 2006 at which time they will be publicly opened at the place designated, will then be tabulated and will be considered by the Council on May 8, 2006 in the Council Chamber. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the council on the issue of responsibility. No bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, bid bond, or certified check payable to the City of Columbia Heights for 5 percent of the amount of such bid. 10) Approve the items listed for rental housing license applications for March 27,2006 Motion to approve the items listed for rental housing license applications for March 27,2006. City Council Minutes March 27, 2006 Page 6 of 15 11) Approve reissue of rental housing license for 4642 Taylor Street Motion to issue a rental-housing license to Becky Xiong to operate the rental property located at 4642 Taylor Street NE in that the provisions of the residential maintenance code have been complied with. 12) Approve Business License Applications Motion to approve the items as listed on the business license agenda for March 27,2006 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 116388 through 116581 in the amount of$I,158,384.09. Nawrocki questioned check #116574 to Trans Alarm for installation of a key card system at the water tower, if it replaces a key system, why this is necessary when not many people go there, and competitive bids were not received. Fehst indicated that as with any key system, there is the possibility of old keys being available and this facility requires security and access control. A card can be reprogrammed if it is lost and we have a record of everyone that comes or goes from the facility. Some of the security cost was paid with Anoka County radio system funds. Nawrocki indicated this cost almost as much as the system for all of city hall. Motion by Diehm, second by Williams, to approve the Consent Agenda. Upon vote: All ayes. Motion carried. PUBLIC HEARINGS A) Adopt Resolution No. 2006-46 being a Resolution approving abatement at 666 46 Yz Avenue. Fire Chief Gary Gorman distributed pictures of the property and indicated this process started on November 30,2005. There is a tree pulled from the ground that has damaged the neighbor's fence and foundation. The abatement would be to remove the tree, repair the fence and fill in the hole. Diehm questioned if staff spoke to the property owner. Gorman stated that Assistant Chief Larkin has spoken to them several times, but there has been no progleSS toward resolution. Mayor Peterson opened the public hearing. Motion by Williams, second by Kelzenberg to close the public hearing and waive the reading of Resolution No. 2006-46, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2006-46, a resolution ofthe City Council of the City of Columbia Heights declaring the property at 666 46th -112 Avenue NE a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. RESOLUTION 2006-46 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 Andrew Watson (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 666 46-l/2 A venue NE. Columbia Heights, Minnesota, City Council Minutes March 27,2006 Page 7 of 15 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 certified and regular mail to the owner of record on March 10,2006. 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 November 30, 2005, an inspection was conducted on the property listed above. Inspectors found three violations. A compliance order was sent via regular mail to the owner at the address. 2. That on January 9, 2006, inspectors reinspected the property and found that three violations remained uncorrected. 3. That based upon said records of the Fire Department, the following conditions and violations of City Ordinance(s) were found to exist, to-wit: a. Shall remove the downed/dead tree in the back yard, shall remove all/any brush from the tree, all/any branches shall be removed from the property. b. Shall fill in the hole left by the stump, shall grade and sod/seed/landscape the area. c. Shall repair/replace the fence. 4. 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 666 46-1/2 Avenue NE. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement attached hereto; 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 666 46-1 /2 Avenue NE constitutes a nuisance pursuant to City Code. 2. That a copy of this resolution/order shall be served upon all relevant parties and parties in interest. 3. That any motion for summary enforcement shall be served upon all relevant parties and parties in interest. 4.That all service provided for herein shall be in accordance with Minnesota Statute 483.17, subd. 2 ITEMS FOR CONSIDERATION Other Ordinances and Resolutions 1) Second reading of Ordinance No. 1507, being an Ordinance amending Ordinance No. 1490 City Code of 2005, adopting the proposed zoning amendments. Jeff Sargent, City Planner, stated this is a zoning amendment related to swimming pools and hot tubs. It would allow for childproof covers on hot tubs rather than requiring a six foot high fence. Nawrocki questioned the safety and indicated there would not be a guarantee the cover would be in place. Sargent stated that is the owner's responsibility, the same as closing the gate on a fence. Diehm questioned ifthis is only on hot tubs and not for pools. Sargent stated hot tubs only. Motion Williams, second by Diehm, to waive the reading of Ordinance No. 1507, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to adopt Ordinance No. 1507, being an ordinance amending Ordinance No. 1490 City Code of 2005, adopting the proposed zoning amendments. Upon vote: All ayes. Motion carried. City Council Minutes March 27, 2006 Page 8 of 15 ORDINANCE NO. 1507 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005, RELATING TO SWIMMING POOLS AND HOT TUBS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.103 of the Columbia Heights City Code, is thereby amended to read as follows: ~ 9.103 DEFINITIONS. SWIMMING POOL. ABOVE GROUND. All swimming pools that are constructed so that the edge of the pool is greater than three and one-half (3.5) feet above ground grade or has a capacity of more than three-thousand (3,000) gallons of water. SWIMMING POOL, HOT TUB. All pools that are intended for hydro-therapeutic massage and relaxation purposes that have a capacity of less than seven-hundred titly (750) gallons of water, including such pools generally constructed with a filter unit(s), pump(s), water jet(s), molded seating and a heating unit(s). Any hot tub greater than 750 gallons of water shall be considered an aboveground pool for regulatory purposes. SWIMMING POOL, IN-GROUND. All swimming pools constructed so that the pool edge is level with the ground grade. Chapter 9, Article I, Section 9.106 (C)(4) of the Columbia Heights City Code, Is thereby amended to read as follows: (C) Accessorv uses and st/7lctures (4) Private swimming pools and courts. All private swimming pools, tennis courts, ball courts and other private recreational facilities are subject to the following standards: (a) The facility in not operated as a business or private club. (b) The facility is not located within any required front or side yard. (c) The facility is set back at least five feet from any property line, including any walks, paved areas or related structures or equipment. (d) For swimming pools, the pool itselt~ the rear yard, or the entire property shall be enclosed by a non-climbable wall, fence or combination thereof at least six feet in height, with a self-closing gate capable of being secured with a lock so as to prevent uncontrolled access by children. If the only access is through a principal or accessory structure, such point of access shall be lockable. In the case of aboveground pools, polls sides that are vertical may contribute to the required fencing, provided all points of access are controlled to prevent access by children, including the removal of all ladders or stairs whenever the pool is not in use. (e) For in-ground pools, the pool is set back at least six feet from the principal structure. (t) Hot tubs shall not be located within five (5) feet of any side yard or rear lot line, or within any required front yard. Such pools may be equipped with a child-resistant, lockable cover in lieu of a six-foot tall fence. Hot tubs are permitted on attached or detached decks if it can be proven that the deck is engineered to be structurally sound enough to support the bearing load of the hot tub. (g) Lighting shall be so oriented so as not to cast light on adjacent properties. (h) The facility shall not be located within any drainage or utility easement. (i) Any accessory mechanical apparatus shall be located at least 30 feet from any residential structure on an adjacent lot. (j) All swimming pools containing more than 3,000 gallons or with a depth in excess of 42 inches (3.5 feet) shall require a building pennit from the city. Section 2: This ordinance shall be in full force and effect from and after 30 days atler its passage 2) Second reading of Ordinance No. 1500, vacating a portion of Lookout Place Sargent stated this was originally tabled until tonight, contingent on requirements being in place. Progress stumbled, but is now on track and the second reading ofthe Ordinance can be scheduled for May 8. Motion by Diehm, second by Williams, to table the second reading of Ordinance No. 1500, vacating a portion of Lookout Place, for Monday, May 8, 2006 at approximately 7:00 p.m. in the City Council Chambers. Upon vote: All ayes. Motion carried. Other Business 1) Participation Process for the Activity Center Project Fehst stated that last year the City Council abandoned doing a study for the building of gyms and community center space until after the vote on the School District operational levy. It is now time to begin again. At that time we had communicated with Mark Ruff and Jill Schultz of Ehlers and Associates regarding detennination of the level of need in the community. We meet last week with representatives of the School District and people that volunteered to serve on the committee. The number interested in participating was expanded at the meeting and will continue to expand. The cost for the process recommended tonight is $35,540. There would City Council Minutes March 27, 2006 Page 9 of 15 also be costs for three publications and postage sent to the entire community. Williams questioned if Fehst spoke to the firm used by the School Board. Fehst stated they would not have been able to meet with him until May, and that the Superintendent had no problem with moving ahead now. Williams stated that the School Board is "arm-in-arm" with us on this issue. Nawrocki questioned if they are willing to share the cost. Fehst stated no, as they know we have set aside $3 million for this project. We had not anticipated their contribution but would accept it. It is our determination to move ahead with the project. Nawrocki expressed concern with this cost and that the proposal began with gym needs for our recreation programs and the school needs. This is for kids and should be a joint venture with the School District. Now discussion includes a health center and pool, which would compete with the private sector. We need information on the programs we need versus what we desire and the cost to run such a facility. The study will be a selling job to the public. To find what people want there should be a vote, as this has been voted down twice. The committee needs to include people that do not support the project and those that have not made up their mind. We need to get more bids rather than one proposal. Nawrocki indicated he has found out that a grant application for $4 million was made without Council knowledge or approval; this is jumping the gun. Williams agreed that the schools must be involved, along with people violently opposed so we work with everyone in the community. If an activity center were voted on, it would pass. He stated that there is a need for such a facility. The issue of finances will come, and we have not ruled out the YMCA. We are committed to this as a city. He stated that the Mayor and Councilmember Diehm met with Representative Sabo and it would be wonderful if we received $4 million. Fehst stated that there has always been the request to raise funds through grants, and in meeting with Sabo and his staffwe discussed the replacement of the 49th Avenue bridge walkway and grant funds going toward an activity center or gyms. Fehst stated that we would be remiss to not apply if they are willing to put forward our request. Nawrocki stated he is not opposed to grant funds and would support building a g)'111 ifit were in conjunction with the schools and if voted on by the public. He stated that he met with Sabo twice without mention of gyms, but about the bridge on 49th. The bridge topic has not been presented to the Council. With the knowledge that he was going to Washington he should have been told. Funding items were all for Hennepin County and when he asked why there was no money for Anoka County and Columbia Heights he was told that we did not ask for any. When applying for money, you should know what you are asking for. We need to know what the operating costs would be, who would pay for them, and were the money would come from. Nawrocki stated he would vote against this item. Diehm indicated that at the council meeting after their meeting with Sabo, the City Manager mentioned it and it was mentioned in during council comer, regarding the bridge and eminent domain. Staff is encouraged to look for any unique funding opportunities and not wait for council action. We want to move ahead with the planning process, as the goal is to help the youth of our community. Whether we pay for this or the School Board does, we should remember it is all tax money. Diehm stated that she had no problem spending funds for this process, as her mind is not made up. This has been discussed for many years and we should invest this money to do things the right way. The preliminary information given by Krause Anderson regarding costs for gyms and alternates will come in handy in the future. Costs were City Council Minutes March 27, 2006 Page 10 of 15 quite shocking and this will be a good debate for our citizens and this committee. We repeatedly asked residents to get involved, regardless of where they fall on the issue. This is not just a process for the supporters, but for those against and those that are undecided. Through this we will have a better project. Streetar stated that the consultant will not "sell" the process. The residents will drive this six to eight month process with the Council making the final decision. Presently, one of the options is to do nothing. There will be four stages: 1) document what the need is, 2) involve citizens and Council through communication via newsletters with factual information, 3) communicate the options regardless whether it is to do nothing, build two gymnasiums, or plan for the future; and 4) select the options, while looking at cost, staffing and operation. Nawrocki stated he does not challenge the need to get information, but this consultant is not the only one that can do this work. As for the meeting with Sabo, that information was not brought before the Council. There was a bill in the monthly report for lunch with Sabo. Motion by Kelzenberg, second by Diehm, to approve communications consultant services agreement with Ehlers and Associates, Inc. in the amount not to exceed $35,540 with funding to come from the Community Center Capital Building fund. Fehst indicated that mailing costs would be above this amount. Nawrocki asked if all Councilmembers are willing to commit that this will only be done on a vote ofthe community. Fehst stated there is money set aside to build a couple of gyms. If it is determined to build somewhere that we would need to buy property, we would not have the money to do that. Streetar stated that the committee could make the recommendation if this should go to the community for a vote. Nawrocki stated that if each member of the body was willing to state that any decision would be put to a vote of the community he would support this, but if not he would not support the vote because he believes this Council will not take this to a vote of the public. Peterson stated that we have not gotten to that point and cannot predict the outcome. Joe Orendorff, 4801 East Upland Crest, stated that senior citizens do not need this, but young people do need it. He stated that he was at Comcast to get his military record in the National Library of Congress. Friendly amendment by Kelzenberg, second by Diehm, to add $10,000 for publications and mailings. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. Miscellaneous Fehst referred to the meeting with Sabo and offered to provide Councilmember Nawrocki with the video tape of the meeting where this was discussed. 2) Adopt Resolution No. 2006-03, being a Resolution approving a final plat subdivision with certain conditions Huset Park, 2nd Addition Jeff Sargent, City Planner, stated a public hearing was held by the Planning and Zoning Commission on March 8 with the recommendation for final plat approval contingent on three Issues: City Council Minutes March 27, 2006 Page II of I 5 1. Landscape fence requirement - to separate the area from University Avenue 2. Include a third unit type throughout the development 3. Set back of the buildings from University Avenue Sargent stated that Shaffer Richardson has worked to meet these requirements. There will be a black metal fence, with 10 pillars, along University Avenue with landscaping of deciduous and coniferous plantings. Ryland Homes has added a third type of home, the Craftman Style home, which is a three story, tuck-under garage incorporating field stone on the bottom third of the building. Setbacks of buildings to University Avenue have been adjusted and are now suitable. Williams asked if we could get the State to install similar fencing along other areas of University Avenue. Fehst stated that he spoke to a State Regional Director about University Avenue and he will contact our Public Works Director. Nawrocki questioned the right-of-way for Lookout Place ifthere is and enough parking for owners and guests. Sargent stated that it would be a 50 foot right-of-way. He stated that the rest of the development has private streets that meet the requirements for Public Works and Fire Department vehicles. Sargent stated that each home will have two parking spaces in the garage, two in the driveway, and street parking for guests. The area will have 96 parking stalls. Sargent showed the path Lookout Place will take. Williams questioned if the pond would be kept filled. Sargent felt it would be. Streetar stated it could be emptied, but will always have water. There will be plantings in this area. Nawrocki stated that if it is a storm water pond it will be kept low, but if it is for aesthetics it will be higher. Streetar stated it is a pond to serve the development, but to address any flooding issues also. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution No. 2006-03, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2006-03, being a Resolution approving the Final Plat for Huset Park, Second Addition, subject to the conditions outlined in Resolution No. 2006-03. Upon vote: Kelzenberg, aye; Vlilliams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. RESOLUTION NO. 2006-03 RESOLUTION APPROVING A FINAL PLAT SUBDIVISION WITH CERTAIN CONDITIONS FOR SCHAFER-RICHARDSON WHEREAS, a proposal (Case No. 2005-1202) has been submitted by Schafer-Richardson to the City Council requesting a subdivision from the City of Columbia Heights Subdivision Code at the following site: ADDRESS: West side of Huset Park between 5th St. N.E. and University Avenue EXISTING LEGAL DESCRIPTION: On File at City Hall PROPOSED LEGAL DESCRIPTION: Huset Park, Second Addition THE APPLICANT SEEKS APPROVAL OF A FINAL PLAT SUBDIVISION. WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed subdivision upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to traffic, property values, light, air, danger of tire, and risk to public safety, in the surrounding area; and has held the required public hearing on this proposal on March 8, 2006. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: I. The proposed minor subdivision confonns to the requirements of Section 14 of the City Code. 2. The proposed subdivision is consistent with the Comprehensive Plan. 3. The proposed subdivision contains parcel and land subdivision layout that is consistent with good planning and site City Council Minutes March 27, 2006 Page 12 of 15 engineering design principles. FU RTHER, BE IT RESOLVED, that the attached condition, plans, maps, and other infonnation shall become part of this subdivision approval. CONDITIONS: I. The Homeowner's Association (HOA) Documents shall reflect that no more than five percent (5%) of all units shall be rental units. The Developer's Contract shall also indicate this through reference to the HOA documents. 2. The Common Interest Community documents shall clcarly state the responsibilities of the City and homeowner's association related to streets and utilities. 3. All streets (with the exception of Lookout Place), stonn water, street lighting, sign age and striping serving the development shall be privately owned and maintained. 4. The developer must provide the City with locatable references for service lines, such as swing ties and GPS coordinates. 5. All common and public sidewalks shall meet ADA requirements for pedestrian ramps and grade. 6. All green areas shall incorporate automatic irrigation with rain shut-off gauges. 7. The pillars used for the fencing along University Avenue shall be brick to match the color of stone used on the Craftsman style of building. The location of the pillars shall be consistent with the locations outlined in Figure 4. 8. The fence located on the north side of the development, separating the townhouses from the commercial building to the north, shall be constructed of a 6-foot tall privacy fence, with a minimum of 80% opacity on a year-round basis, to be approved by the City Planner. 9. The third unit-type used throughout the Phase 2 Development shall be the Craftsman-style building depicted in Figure 6. 10. All vinyl siding used on the buildings within the development shall be of a heavy gauge (0.042") material. 11. The lighting used throughout the development must follow the lighting dcsign as portrayed in Figure 7. 12. The stonework on the front of the Craftsman type of building shall be incorporated on 19 of the end units specifically mentioned in Exhibit E of the Developer's Contract throughout the development, and shall cover the bottom I/3 of the buildings, as approved by the City Planner. 13. The number of affordable units throughout the development shall be between 10-20% of the total number of units. Miscellaneous Diehm requested to make a point of clarification and read from the January 9, 2006 City Council minutes listing items discussed with Representative Sabo, as they were indicated earlier in the meeting. Nawrocki indicated that he stood corrected. ADMINISTRATIVE REPORTS Report of the City Manager . Work session scheduled with the School District next Monday. Anyone interested in volunteering for the committee on the planning process may contact him. We want many people on the committee with many different concerns, pro or con. . Have meet with Krause Anderson, Welch Companies and Anderson Companies regarding building a liquor store, previous proposed for 49th and 50th A venues. This would need Council approval to move ahead, as General Funds would initially be required. Liquor store revenues would continue to provide funds to the General Fund. A report from Ehlers and Associates will be brought to Council. Williams questioned if Taco Bell has bought the car wash. Fehst stated they have purchased it and met with our staff. There will be a new Taco Bell and possibly a coffee shop on the comer. Udupi is not interested in further development. Williams stated that we are talking about the block north ofthis for a liquor store. . Spoke to Mr. Wetch regarding allowing beer in his facility. Mistakenly believed he only wanted a 3.2 beer license. Wetch has agreed to delay this to the next Council meeting. The Police Chief will research ordinance in other communities. . The eminent domain bill passed 64 to 2 in the Senate today - sad for us. This will render mute any future condemnation in this town. However, we must live with the decision. This would have stopped our redevelopment of the industrial area. Nawrocki referred to money set aside for gyms and referred to amounts needed for a new liquor store. We must discuss all things we are considering. Some people are also talking about a new library. All things must be considered. He stated that the fence at 42nd and Cleveland is City Council Minutes March 27, 2006 Page 13 of 15 now almost totally down. Nawrocki indicated that he is still waiting for financial reports on the Huset Park development There has been nothing on cable notifying residents that newspaper distribution boxes are available. Nawrocki questioned if there have been follow up conversations with the City of Fridley regarding street repairs along University. Fehst stated he has spoken to their city manager, and he has committed to do something with us, but has not indicated a dollar amount. Nawrocki indicated that the water bill increase flyers did not indicated the fact that in five years the increase would be a 50 percent increase. Report of the City Attorney - none CITIZENS FORUM Peterson requested that residents state their name and address for the record and limit their comments to five minutes. Leonard Dearing, 4311 Jefferson, asked if all resident's property taxes were increase by the same percentage. Fehst indicated that the passing ofthe School District levy was the reason for the largest portion ofthe increase. Nawrocki indicated that a good part ofthe increase was due to the referendum. Increases vary on the value of the property. Williams discussed his property tax bill, indicating the key factor to remember is that the market value on homes has increased so your asset value has increased. We have done a tremendous job making improvements that increased our home values. Peterson pointed out that the difference in tax amounts are based on individual property values. Dearing indicated that he had requested a stop sign at 43rd and Madison and was turned down, and now one has been put in place. Fehst stated the first time the sign was recommended by the Traffic Commission it was turned down by the Council, but the second time it was approved. Nawrocki pointed out that property value is good, but what can residents do with the value. Fehst stated that mortgages can be refinanced. Nawrocki pointed out the larger than ever number oftax delinquent properties in the local newspaper. Taxes are hurting people. Nawrocki indicated that the Governor's proposal oflevy limits might be a good thing. COUNCIL CORNER Peterson asked Council members to limit their comments to five minutes. Kelzenberg . Thanked Mayor Peterson for hosting the Rock Around the Clock fundraiser and thanked him and his family for all they do for our community. . Read police activity from the Green Sheet, commending the officers listed. Indicated two new officers have been hired - both are females and are currently completing training. Welcomed them aboard. Williams . We are working with the School District to be a team. We will find out exactly what we need in a center and it will be unanimous with our community. . My newspaper is now delivered and placed in a plastic sleeve. . We lost a dear resident, Malcolm Watson's wife. The funeral will be tomorrow. . Councilmember Nawrocki had fallen while in Washington DC and received black eyes. . Encouraged citizens to look at the value of their home, which is reflected in the amount of their taxes. When the value of your home goes up, your taxes go up. City Council Minutes March 27, 2006 Page 14 of 15 . Pray for one another and for the bettennent of our city. . The Prayer Breakfast will be April 26th. Everyone is welcome. Nawrocki . Takes a strong exception to the limiting of council comer commentsto five minutes per councilmember. . Disagreed with property values being the cause of increases to taxes, it is the levies placed by taxing districts. . Place election information on the front page of the next newsletter. . SRA working on proposed rates, affecting city pumping rates. Each city was asked to review the information sent and let them know the impact to us. Trust that someone will respond to the SRA. . Has the 2006 LMC policies in booklet form for review. . Attended the National League of Cities conference and met with our delegation - Sabo, Coleman, and Dayton. Has the National League of Cities legislative policies available for review. Concerns discussed were cuts to block grant monies and eminent domain at the federal and state level. Sabo felt it was a State matter. . EDA meetings should be shown on cable TV, as they authorize development, such as tomorrow night development along 3ih and Stinson Boulevard will be discussed. There will be a request for TIF funds. TIF areas take 15 to 20 years before they help to pay city services. . Telecommunications issues - cable companies are fighting - telephone people want to do away with local ability to issue franchises. . Immigration reform discussed with more responsibility on local government. . President's wife spoke on working with America's youth. Web site is: helping America's youth. This could tie in with Mr. Wellman reactivating the Youth Commission. Copies were given to Williams and Fehst. Research this further. . Thanked Williams for reading his statement on salaries at the last council meeting. Executive sessions where this was discussed were very short. Staff had not met with all bargaining units at that time. Council was not given infonnation on what happened at the bargaining table; details are important. Referred to past incident with language on compensation for the City Manager and car usage for the Public Works Director. No information as given on present salaries. The statement indicated that Council should meet with employees who wrote them a letter. Peterson indicated that Council has already been over this. Also, Council has voted on Rules of Decorum, where once something is decided we wili not go back over it again. The statement was read to the public. Should listen to the employees as a matter of courtesy. Referred to his 11 percent increase to PERA brought up at the last meeting; explained how adjustments were made and how the PERA program was run. Two years ago the benefit increase was less than 1 percent. . During snowplowing - boulevard damage at 1225 Polk Place. Diehm . Agreed that the EDA meetings should be televised from the City Council chambers. . Agreed that resident's investment in their homes are the biggest investment they have and we must help look out for that investment . March is food share month. Help support food shelves. . The first new residents are moving into the industrial park redevelopment. Welcome them, show them how to get around and how to get involved in our community. .. Complimented Public Works on the job they did snowplowing. Live close to two other borders and there is a marked difference on the snow removal job done in our town. We did a fabulous job. Complimented the crew on their hard work. City Council Minutes March 27, 2006 Page 15 of 15 . Values First values are: Integrity - honesty and sincerity. Peterson . Also expressed sympathy to Malcolm Watson and his family. . Sympathies also to the Dawson (Bill) Lahti family. . Pleasure to meet the two new officers today. Look forward to having female offices on the force; they will be a welcome addition to our force. . Residents have choices. He chooses to pay taxes to support the community and protect it rather than have cable TV. Referred to the bigger problems we face, such as the use of Meth. An article states that if meth use were a medical problem - it would be an epidemic. Don't worry about another $200 a year in taxes, worry about drug problems. Most crimes can be associated with drugs. Glad we have an officer on the drug task force. We must get youth to understand what can happen. They gear down programs to younger kids so as not to scare them. But they should, they should show what it does to your mouth, skin, and how you age. We must show them what can happen. Use it once and you are hooked. We must take this seriously. Keep our eyes open. Ifwe think we see this happening or are suspicious - call 911. Be observant to what goes on. . The Prayer Breakfast will be April 26, 2006 at 7:00 a.m. at Murzyn Hall. The speaker will be Ivan Brown, Constable from Jamaica. . Friday night CERT Police/Fire appreciation fundraiser, sponsored by RAN. . Don't take ourselves too seriously and do a random act of kindness. ADJOURNMENT Mayor Peterson adjourned the meeting at 9:47 p.m. , f " i _ A"~~#"~" ~,' '",,! / I, Ii, ~,,,~:i;;;<_.> I -.u'L' c" (". \' II, ".A,~v ! Patricia Muscovitz, CMC : 7~ Deputy City Clerk/Council Secretary