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HomeMy WebLinkAboutMay 26, 2006 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MAY 22, 2006 The following are the minutes for the regular meeting ofthe City Council held at 7:00 p.m. on Monday, May 22,2006 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 Diehm, Councilmember Kelzenberg Pastor Dan Thompson, Assembly of God Church, gave the invocation. PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA -none PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS A) Proclamations - Safe and Sober Campaign Mayor Peterson read the Safe and Sober - Click It or Ticket Campaign Proclamation. Police Chief Tom Johnson stated his pride in this program, and that it is the difference between life and death to be buckled up. He thanked everyone on behalf of our Police Department. B) Presentations Gary Mayer -Park & Recreation Commission Mayor Peterson extended his appreciation for Gary Mayer's years of service on the Park and Recreation Commission. Mr. Mayer was unable to be present. C) Introduction of New Employees - none D) Recognition Values First Awards - Chief Johnson was present to award the Values First Awards to the Individual, Business, and Organization that emulate the core values of Values First. Chief Johnson asked Councilmember Nawrocki to accept the Organization award on behalf ofVFW Post #230. Johnson listed the various activities and groups supported by this organization. He referred to the VFW's donations and dedication ofa Veteran's Memorial at Kordiak Park. Johnson called Pat Jindra forward to accept the Values First Citizen of the Year award. Johnson listed the many contributions to our community by Ms. Jindra. Johnson invited Bruce Nedegaard and Bob Streetar forward. Mr. Streetar, as nominee, presented Mr. Nedegaard with the Values First Business award. Streetar listed his experience with and knowledge ofMr. Nedegaard and Nedegaard Construction. Recipients expressed appreciation for their awards. Mayor Peterson stated that these awards were richly deserved. He thanked the recipients for their service to our community. CONSENT AGENDA City Manager Walt Fehst took Councilmembers through the Consent Agenda: City Council Minutes May 22, 2006 Page 2 of 16 1) Approve City Council Meeting Minutes for May 8, 2006 regular City Council meeting Motion to approve the minutes ofthe May 8, 2006 regular City Council meeting as presented. 2) Accept Boards and Commissions Meeting Minutes a) Motion to accept the minutes of the January 24,2006 Housing and Redevelopment Authority meeting. b) Motion to accept the minutes of the May 2, 2006 Library Board of Trustees 3) Establish Work Session meeting date for Monday, June 5, 2006, beginning at 7:00 p.m. in the Council Chambers. Motion to establish a Work Session meeting date for Monday, June 5, 2006 beginning at 7:00 p.m. in the Council Chambers. Fehst listed the upcoming Work Session Items: Joint meeting ofCouncil/P&Z/Heritage Heights and Activity Center Communication Plan. 4) Establish a public hearing regarding Ordinance No. 1509, an ordinance pertaining to Chapter 2, "Form of Govemment" Sections 6,7,8, and 9 of the City Charter, approximately 7 p.m. on Monday, June 12,2006, in the City Hall Council Chambers. Removed 5) Adopt Resolution No. 2006-59, being a Resolution to re-establish the Public Improvement Hearing for the zones 7B and 1A Street rehabilitation beginning at 6:30 p.m. on June 5, 2006. Motion to waive the reading of Resolution No. 2006-59, there being ample copies available to the public. Motion to Adopt Resolution No. 2006-59, being a Resolution to re-establish the Public Improvement Hearing for the zones 7B and lA Street rehabilitation beginning at 6:30 p.m. on June 5, 2006. Fehst indicated that approval of the bids for this project would corne later in the meeting. The price is $2,000,000 more than anticipated because of fuel and construction costs. Nawrocki questioned the timing of this hearing. Kevin Hansen, Public Work Director, indicated that State Statue requires a ten day notice. This is typical of improvement hearings and can be accomplished in that amount of time. RESOLUTION NO. 2006-59 BEING A RESOLUTION RE-ESTABLISHING PUBLIC IMPROVEMENT HEARING FOR ZONE 7B AND 1A STREET REHABILITATION CITY PROJECT - NO. 0502 WHEREAS, the City Council has adopted a Street Rehabilitation Program which divides the City into seven zones, and WHEREAS, pursuant to Resolution No. 2006-12, a report has been prepared by the Director of Public Works with reference to the Zone 7B and 1A area of the Street Rehabilitation Program, and WHEREAS, Zone 7B is bounded by California Street to University Avenue, from 3ih Avenue to 45th Avenue. WHEREAS, Zone 1A is bounded by Central Avenue to Reservoir Blvd., from 3ih Avenue to 45th Avenue. WHEREAS, the report provides information regarding whether the proposed project is feasible, necessary and cost effective, and NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA 1. The Council will consider the improvement of such streets in accordance with the report and the assessment of abutting or benefited property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $1 ,839.831.96. City Council Minutes May 22, 2006 Page3 of 16 2. A public hearing shall be held on such proposed improvement on the 5th day of June, 2006, in the City Council Chambers at 590 40th A venue N.E. at 6:30 P.M. and the City Clerk shall give mailed and published notice of such hearing and improvement as required by law. 6) Approve permits for the 2006 Jamboree celebration Motion to authorize staff to close Jefferson Street for the time period from Monday afternoon, June 19, 2006 through Sunday, June 25, 2006. Motion to authorize the Police Department to issue a parade permit for the Jamboree Parade to be held on Friday, June 23,2006 at 6:30 p.m. for the following streets: Central Avenue at 45th Avenue to 40th Avenue, west on 40th Avenue to 5th Street and 5th Street to Mill Street. Fehst stated this is June 19 to 25th this year. 7) Authorization to enter into a contract with Welsh Companies, LLC to acquire property - Removed 8) Approve agreement with Consultant Bruce Miles for a Joint Goal Session with the School Board - Removed 9) Approve the items listed for rental housing license applications for May 22, 2006 Motion to approve the items listed for rental housing license applications for May 22, 2006. 10) Approve Business License Applications Motion to approve the items as listed on the business license agenda for May 22, 2006 as presented. 11) Approve Payment of Bills Motion to approve payment of the bills out of the proper funds as listed in the check register covering Check Number 117097 through 117296 in the amount of$931,306.39. Motion by Williams, second by Kelzenberg, to approve the Consent Agenda, other than items #4, 7, and 8. Nawrocki questioned the status ofUdupi's Cafe. Fehst stated that it is under a different person now. Nawrocki questioned the peddler's license of Karen Taft. Diehm stated that it is in conjunction with the Jamboree on June 24th, and was discussed at our work session. Fehst stated that the exact use could be reported back later. Peterson stated this is a standard peddler's license for items sold during this event. Upon vote: All ayes. Motion carried. 4) Establish a public hearing regarding Ordinance No. 1509, an ordinance pertaining to Chapter 2, "Form ofGovemment" Sections 6, 7, 8, and 9 of the City Charter, approximately 7 p.m. on Monday, June 12,2006, in the City Hall Council Chambers. Nawrocki questioned what the changes were. Hoeft stated that the Charter Commission has recommended changes that would allow for four wards in the city, add two councilmembers, and stipulate the transition schedule. Nawrocki questioned the estimated cost if this was approved. Fehst stated about $35,000 per year. Nawrocki stated that with the current schedule of elections, every two years residents have the opportunity to remove two-thirds of the councilmembers. If this transition schedule were approved at the second election there would be less than a majority ofthe council on the ballot. Fehst stated that in 2008 the mayor and four councilmembers would City Council Minutes May 22, 2006 Page 4 of 16 be on the ballot and in 2010 the mayor and the two at large councilmembers would be on the ballot. Nawrocki requested that this proposal and hearing date be placed on cable TV to educate the population. Motion by Diehm, second by Kelzenberg, to set a public hearing regarding Ordinance No. 1509, an ordinance pertaining to Chapter 2, "Fonn of Govemment" Sections 6,7,8, and 9 of the City Charter, at approximately 7 p.m. on Monday, June 12,2006, in the City Hall Council Chambers. Upon vote: All ayes. Motion carried. 7) Authorization to enter into a contract with Welsh Companies, LLC to acquire property. Nawrocki stated that this project has not been approved and this proposal is to deal with only one company. It was stated at the work session that this would be for consultant information on building a liquor store, but the packet information indicates they would be the contractor and purchaser of property. Fehst stated that this request is only for consultant duties. Nawrocki stated their proposal indicates they believe they will be able to handle the entire process. There should be public discussion whether we should build a new liquor store and we should also look at other compames. Peterson stated his understanding that this is for the acquisition of property. Discussion has been held and reasons for a new store were given. He stated that he would like to move ahead and obtain the property. Diehm stated that we would only pay Welch if we reach an agreement that was voted on as acceptable by the City Council. Nawrocki stated that Krause Anderson is the only contractor that submitted a proposal and that Welch Companies was not able to put something together for the NEI site. We need to look at the follow up fees for each group. Peterson stated this is only for the purchase ofthe property. Fehst stated it is, but so not to mislead anyone we would anticipate using Welch Companies for the project. Peterson stated that at that time we could select our own construction company. Nawrocki stated there should be public discussion on this. He referred to things not considered such as future replacement of the roof and the impact of a reduced legal drinking limit. Nawrocki gave the history of the City being in the liquor business. He referred to debt savings bonds being necessary to do this and reserve funds being indicated for possible gym space. We will need to be conservative and have funds necessary for service to our citizens. Diehm agreed these are things necessary to examine and we will discuss them as a Council and with residents. This is just getting more information and the concept may still be voted down. Motion by Diehm, second by Kelzenberg, to authorize the Mayor and City Manager to enter into a contract with Welsh Companies, LLC to acquire property. Williams stated that one of the proposed properties is vacant. A resident asked the location ofthe proposed property. Peterson indicated 49th and Central. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes- 1 nay. Motion carried. 8) Approve agreement with Consultant Bruce Miles for a Joint Goal Session with the School Board Nawrocki stated that this would be a meeting just to talk; rather we need to discuss cooperation on gym space. He questioned the value ofthis session. Fehst stated that the School District has worked with this consultant on many occasions. He works swiftly and comes with good references. Sometimes it helps to have a third party keep us on track and help us set goals. Fehst City Council Minutes May 22, 2006 Page 5 of 16 recommended that staff also attend along with their staff, but indicated that would be the Council's choice. Ifwe go forward to build some type of "center" the schools will want to use them. Nawrocki stated that several School Board members were disappointed we did not work with them on the consultant for gym space or an activity center. Fehst stated that information was sent out and there were three public hearings. The people on the committee are happy with the consultant chosen. It is the obligation of the city to put forth the money as they are behind the process. Nawrocki indicated concern that the School Board is not interested in cooperation for such a facility. Diehm stated this is more than being about a community center and we need to work side by side for the community. Our time and the $1,300 are worth the discussion to bring us together. Kelzenberg stated he agreed with Nawrocki. At the last joint meeting they would not answer his question on parking and now they are cutting funding for our senior coordinator. Peterson stated that with these attitudes we need a facilitator. He stated the need to move forward; these are everyone's children and the money comes from the same pocket. It would be nice to provide a center they would want to use. This fee for a professional mediator is worth it. Williams stated that we have begun a new relationship with the School District and we should build on it. Peterson referred to an article indicating 82 students are leaving our schools. Ifwe can do something to bring them back, we need to do it. He referred to the past when this was considered the best place to go to school and to live. Motion by Kelzenberg, second by Diehm, to approve the Mayor and City Manager to enter into an agreement with Consultant Bruce Miles for the purpose of a joint goal session with School District #13 School Board, with the fee of $2,690 shared jointly between both parties. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes- I nay. Motion carried. PUBLIC HEARINGS A) Open the Public Hearing to Adopt Resolution No. 2006-60, being a Resolution for Rental Housing License Revocation at 3906 Van Buren Street NE. Fire Chief Gary Gonnan stated this property owner failed to submit their license and pay the fee. The building is vacant and is in foreclosure. Nawrocki stated there was a revocation on 2nd Street at the last meeting that did not list that the grass needed cutting and the Manager stated it was not part of this process. Nawrocki stated that the weeds are now even higher at that property. There are also tall weeds at this property. Fehst stated that weeds can be part of the inspection but were not high enough at the time of inspection. Gorman stated that the 2nd Street property was the re-issuance of a license and the time for that process can be up to three weeks. Nawrocki referred to a resident's email about tall grass issues in the city and also pointed out the tall grass at 4410 Central, which he has brought up previously, for follow up. Kelzenberg stated that he called the Fire Department about 4410 Central and they have checked it. Fehst suggested that people talk to their neighbors and tell them that grass needs to be cut once a week. Gonnan stated that long grass complaints are forwarded to the Public Works Department. This is not part of housing maintenance and is another part of the Cit)! Code, as is junk ,rehicles. Q'ur licensing is not based on whether the grass gets cut. Nawrocki stated that inspectors should note the address and a letter should be sent noting the problem. City Council Minutes May 22, 2006 Page 6 of 16 Motion by Kelzenberg, second by Williams, to close the Public Hearing and waive the reading of Resolution No. 2006-60, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2006-60, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) of the rental license held by Bhawesh Prabhudial regarding rental property at 3906 Van Buren Street NE. Upon vote: All ayes. Motion carried. RESOLUTION 2006-60 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Bhawesh Prabhudail (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 3906 Van Buren Street NE, Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on April 24, 2006 of an public hearing to be held on May 22, 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 or prior to February 15,2006, inspection office staff sent a letter requesting the owner of the property to re- license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on April 24, 2006, inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by certified mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: a. Failure to re-license the rental license for the property, failure to submit the application and the fees. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F6734 is hereby revoked, 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. B) Open the Public Hearing to Adopt Resolution No. 2006-61, being a Resolution for Rental Housing License Revocation at 825 50lf2 Avenue NE Gorman stated that fees have not been paid and an inspection has not been scheduled. Motion by Williams, second by, Diehm, to close the Public Hearing and waive the reading of Resolution No. 2006-62, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to adopt Resolution No. 2006-61, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) of the rental license held by Federal National Mortgage Association regarding rental property at 825 50-1/2 A venue NE. Upon vote: All ayes. Motion carried. RESOLUTION 2006-61 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter City Council Minutes May 22, 2006 Page 7 of 16 5A, Article IV, Section 5AA08(A) of that certain residential rental license held by Wadi Ayham/Federal National Mortgage Association (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 825 50-1/2 Avenue NE, Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on May 4, 2006 of an public hearing to be held on May 22, 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 or prior to March 15, 2006, inspection office staff sent a letter requesting the owner of the property to re- license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on May 4, 2006, inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by certified mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: a. Failure to re-license the rental license for the property, failure to submit the application and the fees, failure to schedule the RMC inspection. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number U825 is hereby revoked, 2.The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3.All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. C) Open the Public Hearing to Adopt Resolution No. 2006-62, being a Resolution approving abatement at 4126 Madison Street NE Gorman stated this resolution is for the abatement of exterior storage. He listed some items on the property. Motion by Diehm, second by Kelzenberg, to close the Public Hearing and waive the reading of Resolution No. 2006-62, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2006-62, a resolution of the City Council of the City of Columbia Heights declaring the property at 4126 Madison Street 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 2006-62 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 Anastasia :t\1\vaura (Hereinafter tlO';\lner of F..ecordlf). Whereas, the owner of record is the legal owner of the real property located at 4126 Madison Street NE. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified and regular mail to the owner of record on April 26, 2006. City Council Minutes May 22, 2006 Page 8 of 16 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 February 28,2006, an inspection was conducted on the property listed above. Inspectors found four violations. A compliance order was sent via regular mail to the owner at the address. 2. That on March 22, 2006, an extension was requested and granted. A thirty day extension was given. 3. That on April 26, 2006, inspectors reinspected the property and found that one violation remained uncorrected. 4. 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 all/any outside storage from the property. Shall store in shed or garage. Items include, BUT NOT LIMITED TO; BRUSH PILE, EXERCISE, CHAIR, ROOF VENTS, WINDOW WELLS, MISC GARBAGE, TIRES IN REAR. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4126 Madison Street 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 4126 Madison 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 D) Open the Public Hearing to Adopt Resolution No. 2006-63, being a Resolution approving abatement at 4618 Fillmore Street NE Gorman stated the abatement is for outside storage. Peterson asked how long this takes. Gorman stated the process takes about two weeks. Motion by Diehm, second by Williams, to close the Public Hearing and waive the reading of Resolution No. 2006-63, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Resolution No. 2006-63, a resolution of the City Council of the City of Columbia Heights declaring the property at 4618 Fillmore Street 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 2006-63 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 Patricia Porter (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4618 Fillmore Street NE. Columbia Heights, Jvlinnesota, 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 April 27, 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: City Council Minutes May 22, 2006 Page 9 of 16 FINDINGS OF FACT 1. That on April 10, 2006, an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2. That on April 27, 2006, inspectors reinspected the property and found that one violation remained uncorrected. A compliance order was sent via certified mail to the owner at the address. 3. That on May 16,2006, inspectors reinspected the property and found that one violation remained uncorrected. A compliance order was sent via certified mail to the owner at the address. 4. 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 all/any outside storage from the property. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4618 Fillmore Street 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 4618 Fillmore Street 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 Bid Considerations 1) Adopt Resolution No. 2006-58 being a Resolution accepting bids and awarding contract for Zone 7B and lA Street Rehabilitation Project Kevin Hansen, Public Works Director, indicated the areas this would cover. Three bids were received. He stated there is a substantial increase to the original engineer's estimate due to the rising cost of petroleum and transport. Hansen therefore requested to hold a new public hearing with the recommendation to split the additional costs between the City and the residents involved. This bid would also allow driveway and sidewalk rates for residents to take advantage of. It also included storm sewer work in the Tyler area that would have lowered the flood level by four inches. We would need 16 to 18 inches to remove the area from the 100 year flood zone, so that alternate is not being recommended. Construction would not begin until after the public hearing. Nawrocki stated his disagreement to approve this prior to the public hearing. Hansen stated that a public hearing has already been held and the purpose for another hearing is to meet the State Statue that requires a hearing if there is an increase in proposed assessments. Ifwe do not move forward now, it would be difficult to complete the project this summer. Nawrocki questioned the new percentage rates. Hansen stated it would be an additional 10 percent to residents. Nawrocki questioned the percentage split, which Hansen addressed. Nawrocki referred to property tax percentages not being what was perceived. Diehm stated that cost sharing could be reconsidered at the Public Hearing. Jim Hoeft, City Attorney, stated that Council has approved this project, but if Council does not want to move ahead with the improvement they should not approve the contract. If Council approves the contract, assessments could be allocated differently at the hearing. Residents will still have input on that date. City Council Minutes May 22, 2006 Page I 0 of 16 Williams stated that if we delay this necessary project we would have hard time finishing it this year. Peterson stated that the engineer's estimate is usually high. He questioned if the amount was less than ten percent if we would need to hold another hearing. Hansen stated that any amount above the improvement hearing amount would require a new hearing. Hoeft stated that would only be the case if the Council wished to absorb any overage. Hansen stated that road work in this area has already been delayed one year and residents were in favor of this project. This increase will have an additional impact of $30,000 per year on our State Aid funds. Nawrocki indicated that additional funds used by the City also are funds of the residents. Kelzenberg stated that costs would only increase if we wait longer. Peterson stated that the residents are behind this project. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution No. 2006-58, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2006-58 accepting bids and awarding the 2006 street rehabilitation projects in Zone 7B and lA, including Alternate 1 for residential driveway construction, Project No. 0502 to Midwest Asphalt Corporation of Hopkins, Minnesota in the amount of $1,839,831.96, adding Alternate 1 unit price based driveway work, based upon their low, qualified responsible bid; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. RESOLUTION NO. 2006-58 RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE ZONE 7B and lA STREET REHABILITATION IMPROVEMENTS, CITY PROJECT No. 0502 TO MIDWEST ASPHAL T CORPORATION WHEREAS, pursuant to an advertisement for bids for City Project No. 0502, Street Rehabilitation Improvements, three bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Bidder Midwest Asphalt Three Rivers Construction Hardrives Inc. Base Bid $1,839,831.96 $2,102,424.00 $2,153,443.35 Alt. 1 $7,778.00 $6,000.00 $4,048.50 AIL 2 $190,002.25 $264,230.00 $200,407.30 WHEREAS, it appears that Midwest Asphalt Corporation, 5929 Baker Rd, Suite 420, Minnetonka, MN 55345 is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Midwest Asphalt Corporation, in the name of the City of Columbia Heights, for the 2006 Zone 7B and lA Street Rehabilitation Improvements, City Project No. 0502, according to plans and specifications therefore approved by the Council. 2. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made with their bids except the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been signed. ':\ I'itv PmiFrt O'iO? "hilll hF fimelFel with StMe Aiel Maintenance Funds. General Funds (Infrastructure and _. ---.I ---J--- -- -- ___u__ __ __"___"___ .._____ -_"__._ __m__ _. ...---.........--..-. ..... , Assessments), Sanitary Sewer Construction, Water Construction, and Storm Water Utility Construction Funds. Other Business 1. Approve ordering of improvements to Prestemon Park Athletic Field Lighting Hansen stated he would speak to the improvements and funds and the Recreation Director would speak to the need and actions to date. Hansen stated that the field and backstopslbenches are in City Council Minutes May 22, 2006 Page 11 of 16 very good shape. The engineer's estimate for lighting costs would be $82,000 and bringing in a power source would be $3,000. There would be six poles with five to six luminaries on each. They could be controlled remotely by telephone or computer. Keith WindschitI, Recreation Director, stated that the Park and Recreation Commission has considered lighting this area for the last several years and recommended approval at their last meeting. WindschitI stated there is a need for field lighting for youth and adult games; already this season three games ended early because of darkness. The Commission also felt this would sustain our programs during any Huset Park improvements. WindschitI stated resident concerns of improper parking, public urination, and littering. He noted that in a three year police department report the reported activities were not on league ball nights. Lighting would help meet the current and future needs of our programs. Staff recommends moving forward with this project. Nawrocki stated that at the April 26th Park Board meeting the Commission Chair indicated there would be no public discussion as the previous meeting was the public hearing for the lighting. Nawrocki indicated that he took exception to the fact that residents were not allowed to speak, and yet the Chair allowed a resident in favor ofthe project to speak at the end ofthe meeting. Nawrocki gave the land acquisition history of our parks and stated the understanding at that time was for neighborhood parks. He stated that games have been starting later this year. He questioned $85,000 of public money for lights that would only be used for an hour or two, two or three nights a week, for three or four months a year. Nawrocki stated that the fund recommended has only $14,000 in it. He stated that in information received, league teams were not local companies. Nawrocki stated he would not support this proposal. Williams stated he has only heard opposition from one person. Peterson indicated that a petition from 33 residents in opposition to the project was received. Peterson stated his appreciation of our park system. Huset was to have all these facilities, but the same people were against that. You can not have it both ways. Peterson opened the discussion to the public. Jim Seas, 2217 39~ Avenue, stated he was unable to attend the public hearing, but sent an email with his concerns. He was told there would not be liquor license this year, parking on 39 Yz would be addressed, along with public urination. These issues have been problematic. He called the police twice this week. He stated concerns with children trying to cross the street to get to the park. This was designed as a passive park and there is no buffer between his house and the park. He stated this would be a poor decision. If Columbia Heights needs a ballpark, build one, but not try to retro fit it into a residential neighborhood. Harry Klimek, 3959 McKinley Street, stated his family has lived here for 42 years and indicated that his daughter now lives at 3949 McKinley. He referenced the survey, which showed 32 people against the project and one undecided. He stated that Mother Nature should decide when the games end so residents can have peace and quiet. Mike Labs, 4614 Johnson Street, stated he lives next to Keys Park, which also has litter issues, but he is the coach of a league that plays at Prestemon Park. He stated that this is already a ball park and the best we have. Huset ball field is too dangerous because of the lack of fencing and too dark for football in the fall. We are at a disadvantage by not having lights. We can police the area and clean up the problems. For baseball teams, we definitely need more lighted fields. There City Council Minutes May 22, 2006 Page 12 of 16 is also need for a lit football field. He asked if the field were lit would it be possible to use it for football. We are the only community without a lit field to play on in the fall. We are loosing students and coaches. We want to bring more families to our community. Eileen Evans, Chairperson of the Park Commission, stated that the issue of lights is not the issue for the residents. They just want the adult programs disbanded. The need for lights is in the spring and fall, and the current programs would not change but would allow games to be completed. When you talk about 34 signatures on the petition, remember there are only seven houses that are directly impacted. People on the petition were from the senior apartments to the south and would not be affected. Debbie Getty, 3949 McKinley, stated that parking is a problem. There will be accidents and it will be the City Council's fault. Bob Surbrook, 4608 Pierce Street, spoke in support of the lights. He lives by Keys Park and indicated he has balls in his yard from the high school. To address member's concerns and concerned about the children, they have not had a problem and children are taught to watch for vehicles. He stated that our programs need to grow. Now with the success of the high school, girl's interest is growing. We need a facility with lights for football. People moving here will look at our facilities before they move in. Paul Bona, 612 40th Avenue NE, stated that he is a coach and referred to people that have left the area because of our lack of facilities. We don't have a community center for basketball. We need a place where people don't have to be afraid to be hit by a ball. He stated that he lives by Huset Park and there is not peace, but it is something you put up with for kids. If the adults are a problem, get tough with them. He stated he would like our kids to say they are proud of being from Columbia Heights. Jerry Foss, 4412 2nd Street, and Park Commission member, stated that we are trying to deal with neighborhood concerns. People have been ticketed for drinking. Weare trying to monitor these activities. A lot ofthe players live in the city, but sometimes you don't get enough sponsors so they have to go outside the city to find a sponsor. Hangar 45 is in Hilltop but the players are mostly residents. He stated he believes there is a need for lights in this park. He referred to Gauvitte Park and parking issues there, but parks are for everyone in the city and anyone can park on the streets. If they are parking on the side indicated as no parking they should be towed. We have a lot of youth in this city that need fields to play on. Weare trying to work with the neighbors and are dealing with their concerns. We agreed we would not allow drinking there this year. He referred to the re-dedication of Gauvitte Park and the placement of a plaque to honor our first Mayor, Mr. Gauvitte. Peterson stated that he had not been infonned of this. Joanne Student, 1615 49th Avenue, stated she attended the Park Board meetings and was questioned why she attended when she does not live near the park. She indicated that the parks belong to everyone. Parks in our city do not have sidewalks around them. The parks were well located, but children must be careful. Behavior can be corrected and rules can be enforced. A question not addressed was if the funds are tax dollars. Windschitl stated that funds would come from the donation account, vvhich has $125,000 in it. Student stated that there may have been promises to keep the parks passive, but that was incorrect as the parks belong to everyone and must be shared. There are no safety measures at the field by the high school. Residents deserve to have the laws enforced. Nawrocki stated that a good share of those funds have come, over the years, from the Boosters. City Council Minutes May 22, 2006 Page 13 of 16 These funds were intended to help youth that could not afford program participation. We need to consider if helping some will hurt others. He stated this would be an expansion of programs by running programs longer. Kelzenberg questioned if there is a fence and how many fields have fences in the city. Windschitl stated there is a fence here and at two other locations. Kelzenberg indicated this makes them best for adult use. Windschitl stated yes and for ih grade use. Kelzenberg questioned how many fields are being considered with the Huset Park improvements. Windschitl stated five ball fields and a football/soccer field. Kelzenberg stated that would be a good plan and this would be temporary for adult use until Huset is ready. Kelzenberg asked if this could be retrofitted for lit football use. Windschitl stated it would be possible for younger players. Williams asked if the comment that there would be program changes was wrong. Windschitl stated that games would be played longer into the evening. Williams referred to the accusation of accidents in this area, but indicated that there would be more of a chance of accidents with no lights. Lights would make it safer and deter crime. Windschitl stated that our residential parks do have limited parking and that residents that get parked in should call 911. He stated that team managers were encouraged to have everyone park in the appropriate areas. Diehm agreed with Student's opinion on behavior and referred to a resident's comment that there was a long police response time. She indicated she was glad to hear there was a quick response and action this week showing we are serious about enforcement, whether there is lighting or not. Diehm referred to a conversation heard at a Fridley soccer game, saying they were glad their kids are older now and can now play in Fridley and don't have to play in Columbia Heights any longer. She stated that this made her feel sad. Peterson indicated this is not a problem, but an opportunity. He stated that he hears about our small town atmosphere, and with a lighted field people will gather to use our parks and enjoy them. He stated that he met many lifelong friends through his children's involvement in sports and school. This brings up the opportunity for Huset Park to be the flagship facility of our city. He stated his excitement to see all the young children at bus stops that are part of our community and will share in all of our programs. We need to compete and need to take pride in our community. Motion by Kelzenberg, second by Diehm, to order the improvements for the addition of athletic field lighting at Prestemon Park, with funding coming out of the Recreation Fund 881. Nawrocki stated that no one is arguing about youth programs, but questioned our obligation to expand adult programs. Only one out of 18 participants from one team had a local address. Nawrocki stated he did not feel justified to spend this much for limited use. Peterson stated that we could possibly have soccer and football on these fields. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes- 1 nay. Motion carried. ADMINISTRA TIVE REPORTS Report of the City Manager . There is an EDA meeting tomorrow night. Nawrocki City Council Minutes May 22, 2006 Page 14 of 16 . The garden center on Central, did the owner agree to have them on site? The signage is poor. . Last meeting questioned extra architectural fees and was to get more infonnation. Hansen stated he is working on it. . Regarding the break-in at the Public Works building - $1,000 repair bill. Go after the contractor. Fehst stated that the League of MN Cities would do the follow up. . Who is paying for the landscaping at the Library? . Was told by the City Manager that the League of MN Cities is working on the mandate reforn1 information. Where is our local list? . When will the alley and street potholes be filled? Hansen stated that we are doing them now. . A house on Tyler has the street cut up for utility work and filled with gravel, with poor barricading. . During the rains two weeks ago on the east side of Tyler there was a washout that plugged up the manhole, and nothing has been done. . Re-inspect the vehicle situation at 51 st and University. . Suggested we explore how we can tie in to the American Youth Program. Windschitl stated it has been looked at a little, and is being handled by a volunteer through the Police Department. Asked to receive the name ofthat person. . Questioned Labelle pond shut down. Hansen described the problems with the electric, the pump, and a leak under the primary pond area. Peterson stated that he met with the Manager and Hansen at the site and that repairs come with a cost. . Inspect 4338 2nd Street for tall weeds. . Renovation on Central A venue of a restaurant: Questioned placement of a monument sign. Found they don't have a permit. This would cause a travel impediment on a comer lot. . We are entitled to know when the Manager is out oftown for three days. Comes in to city hall occasionally and found the Manager gone. We should be told ahead of time. Getting notice after the fact is not helpful. Fehst stated he believed he had mentioned it prior to that and apologized if he had not. Report of the City Attorney - none CITIZENS FORUM Joanne Student stated she had the privilege to hear Representative Barb Goodwin's departing speech. She will be a tough act to follow. Student praised Goodwin's many successes. People that worked with Goodwin hold her in high regard. She will be missed. Fehst stated he has never worked with anyone that worked as hard as she did on the eminent domain issue. Student stated her opinion that Goodwin will continue to be active. Peterson stated that Goodwin earned his respect during the eminent domain debate. Kelzenberg stated he also watched it. She spoke eloquently and passionately. City Council Minutes May 22, 2006 Page 15 of 16 Paul Bona questioned University Avenue grass maintenance. Fehst stated this is the State's responsibility. Fehst referred to a call indicating that the State may not be able to cut this area in the future. Basically, we will have to do it ourselves. Bona stated it is a matter of pride. Fehst stated it is time, effort and money issue. Fehst stated that the City of Fridley does not cut what they own on the 45th Avenue frontage road. Bona stated that it is an eyesore. COUNCIL CORNER Kelzenberg . Read from the Green Sheet about the Fire Department's response to Crestview. Peterson stated that Shirley Barnes expressed her appreciation for the Fire Department's response. Williams . Appreciated the discussion on the Prestemon lighting to help him make up his mind. . Prayer for the health of our citizens and the safety of our youth. . Received notice from Mark Hindrichs on the tall grass at 3ih and Polk. Peterson stated it was mowed today. We should get a little tougher on this issue. Fehst stated that every city has the problem. He suggested posting a notice on the door allowing them 96 hours before a contractor cuts it. Payingfor the contractor be an incentive. Fehst stated that they now have ten days, which turns in to 16 days with mailings and a return visit. A letter should be sent in conjunction with a door tag. . Hopes that everyone has a great Memorial Day and remember what it is about. He had dinner with Oliver North, and he is a great speaker. Remember those that died for our freedom. This is a special day, a serious holiday. Remember those gone and those still fighting for us. Diehm . Privileged to attend the Values First presentation ofthe Everyday Hero essay awards. They were very movmg. . Value of the month are Responsibility and we are to keep in mind accountability. . Before we met again school will be out - watch for children playing and enjoying the weather. Nawrocki . VFW Post #230 Memorial Day Service will be held at the City Hall flag on Monday, May 29th at 11 :30 a.m. . There will also be a service in Coon Rapids on Saturday, May 2ih followed by an 11 :30 at Bunker Prairie Park. . The Labelle monument is for a resident who gave his life on Iwo lima and was awarded the Congressional Metal of Honor. The monument was in tough shape. He mentioned it to Gil Mros. Mros also worked on the Veteran's Memorial. Mros and his wife spent four days scrubbing the monument and then used a special coating to cover it. It is awesome. He also suggested they look at the Sherohman plaque also. . Requested a list of open consultant and engineer contracts; when they were approved and what the caps are. . The next budget is beginning - wants to see the audit soon and see a better job of getting the information. We will have to do a tighter job on the budget than we have been doing. . Attpnc!pc! thp A MM mpptino Fn('()llr::lOPc! of':oolf': to "ion no for::l committee He "ip"neolln for the ~.......""_......_-- ...&...-....................................._..............-o~ ....-......_.......~...~o--r-.......r-- -- --0-- --r --- -- ---------.---. --- --o----~ --.L- --- ~_._.- revenue committee. He has information to share. . Attended the NIMS National incident management program training. . Tomorrow night the EDA will discuss the Sarna project and the 40th and Central property. We keep giving Saran more and more aid. . Talking to only one vendor for the Mady's site is ludicrous. You can view a sample of Sherman City Council Minutes May 22, 2006 Page 16 of 16 developments at 18th and University. Look to see if that is really what you want for Columbia Heights. . Noted Mr. Williams' birthday was yesterday. Fehst indicated that the Sarna's have spent a lot of time to see this project through. The property had more difficulty than anticipated. This could have been a TIF site with no taxes received, but is not. Fehst referred to the League of Minnesota infonnation on commercial property tax payments. Commercial property only received a nine percent increase for all taxes. The City's portion ofthese taxes decreased about seven percent. Nawrocki stated residential numbers should also be given. Peterson . Money regulates everything. We used to have an assistant weed inspector. If Council feels it is worth the money, we can have someone doing weed inspections every day. He would be willing to do so. Nawrocki stated that it would not be necessary if the weed inspector did his job. Peterson stated that he is the weed inspector and that the assistant inspector is under him. . Clock tower - thanked those that contributed. We sold 341 bricks to be engraved. Fehst helped lay the block and on two Saturdays helped sandblast brick. Also, some city employees volunteered their time after work. Patty Muscovitz goes above and beyond the call with her efforts. It is moving along pretty well and the brick will be picked up soon. The clock dedication will be Friday, June 23 at 1 :00 p.m. Come listen to the music and the chimes. . Enjoy life and smile more -life is too short. Don't go out looking for trouble. . Don't take ourselves to seriously and do a random act of kindness. ADJOURNMENT May Peterson adjourned the meeting at 10: 47 p.m. Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary