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HomeMy WebLinkAboutMarch 26, 2007OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MARCH 26, 2007 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, March 26, 2007 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Councilmember Williams gave the Invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Chief Johnson requested to present two citizen commendations and-four police commendations. Nawrocki requested to add: City Manager investigation with state auditor, update on the Central Avenue TIF District, the activity center, and letters from residents (Mr. Gracheck 42 1/2, Angel Bursch 3451 Washington street, and an anonymous letter. Peterson stated the first items can be addressed under the City Manager's report and letters addressed under citizen forum. Peterson removed Resolutions No. 40 and 42 in that the violations have been corrected. Peterson indicated there will be a Sister City International Youth Art Showcase at Murzyn Hall on Monday, Apri12°d at 7:00 p.m. Be the next Heights Idol on Wednesday, May 2, 7:00 p.m. at Murzyn Hall. Call the Recreation Department for information. Peterson stated that the fee is $10, but grants are available to those in need. There will be a fishing clinic on April 5 at Murzyn Hall, with the wading pool used for casting. This is presented by our Recreation Department, SACA and the Lions Club. There will bean Easter egg hunt on Saturday, Apri17 at Huset Park with the Easter Bunny. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS Presentations - 1) SACA, Rick Johnson -Fishing Clinic -not present 2) Chief Johnson -two citizen commendations and four police commendations. Police Chief Tom Johnson spoke of the resident information, officer, and CSO assistance to apprehend suspects in the recent bank robbery. He read the citizen and officer commendations and Mayor Peterson presented the commendations. Ms. Lisa Kristofferson spoke of the experience and her ties with Columbia Heights. Corporal Sorensen, Corporal Bonesteel and Officer Piehn expressed their appreciation to everyone that helped on the case and spoke of the importance of witnesses and the help they give, and positive results of sometimes questioned budget costs. Community Service Officer Wellman thanked everyone. Johnson read the citizen commendation for Mr. Tony Simon, who was not present, regarding his help in a different burglary. Bonesteel reiterated the importance of citizen involvement to help apprehend these criminals. He encouraged residents to call the police if they see any suspicious activity. CONSENT AGENDA Nawrocki requested to removed items No. 4, 5, 8, 10, 11, and 12. City Council Minutes March 26, 2007 Page 2 of 22 City Manager Walt Fehst took Councilmembers through the consent agenda items: 1) Approve City Council Meeting Minutes for February 26 2007 regular City Council meeting and March 19, 2007 Improvement Hearing a. Motion to approve the minutes of the February 26, 2007 regular City Council meeting as presented. b. Motion to approve the minutes of the March 19, 2007 special Public Improvement Hearing meeting as presented. 2) Accept Boards and Commissions Meeting Minutes a. Accept: Minutes of the January 24, 2007 Park and Recreation Commission meeting b. Accept: Minutes of the January 23, 2007 EDA meeting c. Accept: Minutes of the March 6, 2007 Library Board meeting d. Accept: Minutes of the February 6, 2007 Library Board meeting e. Accept: Minutes of the March 6, 2007 Planning and Zoning Commission meeting 3) Establish a joint Work Session meeting date with the City of Fridley for Wednesday, April 4, 2007 beginning at approximately 6.30 p m at the Fridley Community Center Fehst stated that the site for this work session may change, as the Congressman Ellison event has been cancelled. Items for discussion are the Anoka County Crime Lab presentation and discussion of the University Avenue frontage road repairs. Nawrocki requested that WiFi access be discussed. Fehst referred to the large up front expense for WiFi. Fehst indicated items for the Apri12 work session: newsletter bid, appliance disposal, Comprehensive Plan RFP, and liquor store update. A request was received from the Columbia Heights School Board to attend their work session at 6:00 p.m. with their gym architect. Fehst suggested opening our work session and following the School Board work session to reconvene at either a room at the school or to our conference room. Motion by Nawrocki, second by Kelzenberg, that the Activity Center Citizens Advisory Committee be invited to attend the School Board work session. Motion to establish a joint Work Session meeting date with the City of Fridley for Wednesday, Apri14, 2007 beginning at approximately 6:30 p.m. with a location to be determined later. 4) Approval of Liquor Store Schematic Design -removed 5) Adopt Resolution No 2007-36 being_a Resolution waiving the statutory tort liability limits - removed 6) Re-appointments to the Boards and Commissions Motion to re-appoint Nancy Hoium and Patricia Sowada to the Library Board for three year terms; Donna Schmitt to the Planning and Zoning Corrunission for a four year term; Pastor David Briley to the Police and Fire Civil Service Commission for a three year term; and Dennis Stroik, Rueben Ruen and Robert Peltier to the Telecommunications Commission for two year terms effective April 1, 2007. City Council Minutes March 26, 2007 Page 3 of 22 7) Approval of a Conditional Use Permit for Outdoor Sales located at 4300 Central Ave NE. Motion to waive the reading of Resolution 2007-34, there being ample copies available to the public. Motion to adopt Resolution No. 2007-34, approving a Conditional Use Permit for outdoor sales for Cinder's Greenhouses, located at 4300 Central Avenue, subject to the conditions outlined in Resolution No. 2007-34. RESOLUTION N0.2007-34 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR CINDER'S GREENHOUSES, INC WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2007-0301) has been submitted by Cinder's Greenhouses, Inc. to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 4300 Central Avenue. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.110 (E)(3)(g), to allow outdoor sales or display. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on March 6, 2007; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and 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 fmdings of the Planning Commission: 1. The use is one of the conditional uses listed for the zoning district, in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. The outdoor storage shall be located as indicated on the site plan. 2. A $500 deposit shall be submitted to the Community Development Department prior to installation of the structures on the site. The deposit shall be refunded after the Conditional Use Permit expires and the site has been cleaned up. 3. The proposed fence must be 20 feet from the retaining wall for safety vehicular access. 8) Adopt Resolution 2007-50 being a resolution authorizin thg e City of Columbia Heights to remain a participatin~community in the Anoka County Community Development Block Grant (CDBG) -- - - and Home Investment Partnership Prog am -removed City Council Minutes March 26, 2007 Page 4 of 22 9) Adopt Resolution 2007-45 being a Resolution a~provingplans and specifications and ordering advertisement for bids for the 2007 Street Rehabilitation Project. Motion to waive the reading of Resolution No. 2007-45 there being ample copies available to the public. Motion to adopt Resolution No. 2007-45 approving Plans and Specifications and ordering Advertisement for Bids for 2007 Street Rehabilitation, Zone 2 and 3, City Project No. 0702. RESOLUTION 2007-45 BEING A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, CITY PROJECT 0702 WHEREAS, pursuant to a resolution passed by the Council on March 19, 2007, the City Engineer has prepared plans and specifications for the Full Street Reconstruction on Ulysses Street (Johnson Street to Cul-de-sac); Partial Street Reconstruction on Tyler Street (41St to 42°a Avenues), Polk Street (41St to 42°d Avenues), Hayes Street (37th to 41St Avenues), Cleveland Street (39th to 40th Avenues and 41st to 42°d Avenues), McKinley Street (39'/z to 40th Avenues) and Fairway Drive, 49th Avenue to Fairway Drive; and Mill and Overlay on Polk Street (42"d Avenue to Arthur Street), 39th Avenue (Cleveland to McKinley Streets), 39'/z Avenue (Cleveland to McKinley Streets), and Tyler Street (49th to 50th Avenues); NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: 1. Such plans and specifications identified as 2007 Street Rehabilitation, Zones 2 and 3, City Project Number 0702 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 Tuesday, May 22, 2007 at which time they will be publicly opened at the place designated, will then be tabulated and will be considered by the Council on Tuesday, May 29, 2007 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) Resolution 2007-46 bein~~a Resolution declaring the Intent to Bond for Zone 2 and 3 Street Rehabilitation Project City Project No. 0702 -removed 11) Resolution 2007-47 requesting_MSAS Construction Funds for other Local Transportation Uses - removed 12) Adopt Resolution 2007-48 awardin¢ Street Striping and Resolution 2007-49 awarding Seal Coat - removed 13) Adopt Resolution 2007-51 being a Resolution accepting the Feasibility Report for Zone 7 Street Seal Coating and Ordering the Public Improvement Hearing City Project No. 0701. Motion to waive the reading of Resolution No. 2007-51, there being ample copies available to the public. Motion to adopt Resolution No. 2007-51, being a Resolution accepting the Feasibility Report for Zone 7, City Project 0701 and calling for the Public Improvement Hearing beginning at 6:30 p.m. on April 23, 2007. City Council Minutes March 26, 2007 Page 5 of 22 RESOLUTION N0.2007-51 BEING A RESOLUTION ACCEPTING THE FEASIBILITY REPORT FOR ZONE 7 STREET SEAL COATING AND ORDERING THE PUBLIC IMPROVEMENT HEARING CITY PROJECT - NO. 0701 WHEREAS, the City Council has adopted a Street Rehabilitation Program which divides the City into seven zones, and WHEREAS, pursuant to Resolution No. 2007-51, a report has been prepared by the Director of Public Works with reference to the Zone 7 Street Seal Coating Program, and WHEREAS, Zone 7 is bounded by Main Street/California Street to University Avenue, 37t" Avenue to 45th Avenue and university Avenue to Central Avenue, 37`h Avenue to 40t" Avenue. WHEREAS, the report provides information regarding whether the proposed project is feasible, necessary and cost effective, and Said report is hereby received by the City Council of Columbia Heights on March 26, 2007. 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 $??. 2. A public hearing shall beheld on such proposed improvement on the 23rd day of April, 2007, in the City Council Chambers at 590 40th Avenue N.E. at 6:30 P.M. and the City Clerk shall give mailed and published notice of such hearing and improvement as required by law. 14) Authorize Capital Equipment ReRlacement of Unit #7 Caterpillar Mode1930 Wheel Loader Motion to authorize the replacement of Unit #7 and purchase one (1) new Caterpillar Model 938 Wheel Loader from Ziegler Inc. in the amount of $119,858 from the State Contract. Funding shall be from the Street Capital Equipment fund, 431-43121-5150. 15) Approve the items listed for rental housing license applications for March 26, 2007 Motion to approve the items listed for rental housing license applications for March 26, 2007. 16) Approve Business License Applications Motion to approve the items as listed on the business license agenda for March 26, 2007 as presented. 17) 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 120618 through 120937 in the amount of $1,397,922.69. Nawrocki questioned the tort liability costs to us. Bill Elrite, Finance Director, stated it is a small amount of about $300 and would maintain the same level that we had when we had private insurance. Motion by Kelzenberg, second by Nawrocki, to approve the Consent Agenda items with the exception of items 4, 5, 8, 10, 11, and 12. Upon vote: All ayes. Motion carried. 4) Approval of Liquor Store Schematic Design Nawrocki indicated concern on how these would tie in with the locations. He felt the proposal looked like an office building. This information should be made more available to the public. Peterson stated that these are basic designs to help the architect move forward. Fehst stated that this is the basic design reconunended for both liquor store locations. Cost will be a consideration as these materials are over budget and Council requested a basement on the Central Avenue store, City Council Minutes March 26, 2007 Page 6 of 22 which would require an elevator for either a full or partial basement. Fehst indicated that the Council request to consider another business at the site would require a substantial downsize of our liquor operation. Fehst referred to site parking limitations. Nawrocki questioned the anticipated elevator cost. He indicated his support of the store on 37th, as it is doing very well. He questioned profitability of the Central Avenue store, which dropped in revenue from $400,000 to $200,000. The elevator would add to operating costs. Jeff Oertel, Oertel Architects, stated that without a full set of plans we do not know the costs. The lower level, elevator, and dock were added, and the high level of material on the outside of the building put the two jobs over budget, estimated at one million dollars. Kelzenberg indicated surprise at the dollar amount, and stated that we can look at ways to reduce the cost. If we are in the liquor business it behooves us to own the property, rather than pay rent. Williams stated that he liked the design chosen. We can always change some of the materials used. Citizens will not pay more than our current rent. The architect has done a good job. Fehst stated that these estimates are general in nature. The height on the Central Avenue store is to draw it closer to the road, but may not be necessary on 37th. We can tone it down substantially. Diehm stated that she had commented in talking to staff and the architects to have a mixed use on the Central Avenue site such as a coffee shop. As a Council we must have confidence in our staff and the people we hire, and stated her appreciation for their looking at other options. The St. Anthony store is beautiful and we must have a store we are proud of. They are our competition. She stated concern about the cost increases. Council has agreed to build a building that looks nice. We will look for someone to show guidance in how to reduce the numbers without reducing the quality we expect. We want to be the ones setting the standard for Central Avenue. Diehm disagreed that the design looks like commercial space, and if we are not in the liquor business we could sell it for another use. Diehm stated that she liked the concept. Peterson stated that it has been stressed to the architects that cost is important. We must now look to stay within our means. He asked that the architects really take a good look at the cost. We want a beautiful building, but also want a good job for the community. Oertel stated that the beginning of a project is the dream stage, and now the job is to get to what the city wants and can afford. Nawrocki stated it would make sense to put the office in the basement and not on the third level. Fehst agreed it should be considered and stated that we need a state of the art security system. Nawrocki referred to the MGM store that was just sold and indicated concern with the Legislature discussing wine sales in grocery stores. Peterson stated that if the architect needs, he would be available at any time. Motion by Kelzenberg, second by Williams, to approve schematic design option 1 for the new municipal liquor stores and to authorize Oertel Architects to proceed with the. design and master plan. Upon vote: Kelzenberg, yes; Williams, yes; Dielun, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. City Council Minutes March 26, 2007 Page 7 of 22 Nawrocki indicated his concern on the costs and therefore, voted no. 5) Adopt Resolution No 2007-36 being a Resolution waiving the statutory tort liability limits Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution 2007-36 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution 2007-36 being a resolution waiving the statutory tort liability limits. Upon vote: All ayes. Motion carried. RESOLUTION N0.2007-36 BEING A RESOLUTION WAIVING THE STATUTORY TORT LIABILITY LIMITS WHEREAS, the City of Columbia Heights is a Minnesota political subdivision desiring to self-insure its property and liability risks through participation in a joint powers arrangement known as the League of Minnesota Cities Insurance Trust (LMCIT); and WHEREAS, Minnesota Statute Section 471.981 permits a city to extend the coverage of its self insurance to afford protection in excess of any limitations on liability established by law; and WHEREAS, Minnesota Statute Section 471.981 provides that unless expressly provided in the ordinance or resolution extending the coverage, the statutory limitations on liability shall not be deemed to have been waived. NOW, THEREFORE, BE IT RESOLVED that the Columbia Heights City Council does hereby accept liability coverage limits of $1,000,000 from the League of Minnesota Cities Insurance Trust and the City waives the monetary limits of tort liability established by Minnesota Statute Section 466.04, to the extent of the limits of the liability coverage obtained from LMCIT. 8) Adopt Resolution 2007-50 being a resolution authorizin tg he City of Columbia Heights to remain a participating community in the Anoka County Community Development Block Grant (CDBG) and Home Investment Partnership Pro rg am Nawrocki indicated concern that the Council does not have sufficient discussions on the best use of CDBG money. Staff just indicates what the projects would be. Fehst stated this has fallen to staff because of the speed required for projects, and to make application for unused County funds. Nawrocki stated his feeling that we are getting less money than we used to receive. There are more applications than they have funding for. Motion by Diehm, second by Williams, to waive the reading of Resolution 2007-50, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to Adopt Resolution 2007-50, being a resolution authorizing the City of Columbia Heights to remain a participating community in the Anoka County Community Development Block Grant (CDBG) and Home Investment Partnership Program and to authorize the Mayor and City Manager to enter into an agreement for the same. Upon vote: All ayes. Motion carried. RESOLUTION N0.2007-50 A RESOLUTION OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP PROGRAM COOPERATIVE AGREEMENT FOR ANOKA COUNTY WHEREAS, Anoka County has been classified as Urban County eligible to receive Community Development Block Grant Funds and HOME Investment Partnership funds through the Department of Housing and Urban Development; and WHEREAS, each community in Anoka County has the option to opt in or out of the Anoka County CDBG program; _ _ _ and City Council Minutes March 26, 2007 Page 8 of 22 WHEREAS, each community who opts in must enter into a Cooperation Agreement every three years to continue to be included in the Urban County; and, WHEREAS, by opting into the Anoka County and authorizing the Cooperation Agreement, the City of Columbia Heights will be eligible to apply for CDBG and HOME funds through the County; and, WHEREAS, the City of Columbia Heights has elected to opt in since Anoka County became an Urban County; NOW, THEREFORE, BE IT RESOLVED, that the Columbia Heights City Council authorize the Mayor and the City Manager to execute the Anoka County Community Development Block Grant and HOME Investment Partnership Program Cooperative Agreement. 10) Resolution 2007-46 being a Resolution declaring the Intent to Bond for Zone 2 and 3 Street Rehabilitation Project City Project No. 0702. Kevin Hansen, Public Works Director, stated this is for street rehabilitation. Nawrocki questioned the dollar amount. Hansen stated originally it was for street costs and this includes the utilities. Nawrocki questioned what we have for outstanding debt. Hansen indicated the years in which we bonded and stated that this is an "up to" amount. This will reserve our right to bond about three years down the road. Nawrocki stated there must be discussion on debt to plan accordingly. Motion Diehm, second by Kelzenberg, to waive the reading of Resolution No. 2007-46, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion Diehm, second by Kelzenberg, to adopt Resolution No. 2007-46, being a resolution approving the declaration for the official intent of the City of Columbia Heights to Bond for Zone 2 and 3 Street Rehabilitation Project, City Project No. 0702. Upon vote: All ayes. Motion carried. RESOLUTION N0.2007-46 DECLARING THE OFFICIAL INTENT OF THE CITY OF COLUMBIA HEIGHTS TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY WHEREAS, Internal Revenue Service has issued Tres. Reg. 1.140-2 providing that proceeds of tax exempt bond used to reimburse prior expenditures will be not be deemed spent unless certain requirements are met; and, WHEREAS, the City of Columbia Heights (the "City") expects to incur certain expenditures which may be financed temporarily from sources other than bonds, and reimbursed from the proceeds of a bond; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS AS FOLLOWS: 1. The City reasonably intends to make expenditures for Project #0702 consisting of Zones 2 and 3 Street Rehabilitation and reasonably intends to reimburse itself for such expenditures from the proceeds of debt to be issued by the City in one or more series in the maximum principal amount of $1,500,000. 2. This resolution is intended to constitute a declaration of official intent for purposes of Tres. Reg. 1.150-2 and any successor law, regulating or ruling. 11) Resolution 2007-47 requesting MSAS Construction Funds for other Local Transportation Uses Nawrocki states that our system is complete. Hansen indicated that state aid roads have been built in accordance with state rules. The system is not 100% perfect and we continue to draw on our needs. The amount would be $550,000, which has been used for our residential road system for the last seven years. Nawrocki questioned use of the remaining funds. Hansen stated that the remaining balance is used for other state uses. Nawrocki questioned if Central Avenue and Huset are paid. Hansen stated that Central Avenue is paid and Huset was borided to be paid over the next four years. City Council Minutes March 26, 2007 Page 9 of 22 Peterson asked if 37th Avenue would be overlaid. Hansen stated that one-half is our responsibility and one-half is Minneapolis. Hansen stated his request to the City of Minneapolis to move this road up on their five year CUP, to about 2009. We will do pavement repairs. Motion by Williams, second by Nawrocki, to waive the reading of Resolution No. 2007-47, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Nawrocki, to approve and adopt Resolution No. 2007-47 requesting Municipal State Aid System construction funds for other local transportation uses. Upon vote: All ayes. Motion carried. RESOLUTION No. 2007-47 BEING A RESOLUTION REQUESTING MUNICIPAL STATE AID SYSTEM CONSTRUCTION FUNDS FOR OTHER LOCAL TRANSPORTATION USES WHEREAS, the City of Columbia Heights receives Municipal State Aid System (MBAs) funds for construction and maintaining 20% of its City streets, and WHEREAS, 11.54 MSAS miles are currently authorized, and WHEREAS, 11.54 MSAS streets have been built or resurfaced since 1964, and WHEREAS, the City currently has 47.08 municipal streets that require maintenance and upgrade, and WHEREAS, the majority of these streets have insufficient strength and poor surface drainage, and WHEREAS, it is proposed to systematically install or repair concrete curb and gutters for improved surface water drainage and additional strength to the streets for traffic survivability, and WHEREAS, the City State Aid routes are improved to State Aid standards and are in an adequate condition that they do not have needs other than additional resurfacing, and WHEREAS, it is authorized by MN Rules 8820.1800 to use part of the MSAS construction appropriation of our City's State Aid allocation on local streets not on the approved State Aid system, and WHEREAS, the City proposes to rehabilitate the City-owned underground utilities as needed and rebuild the street in the process, and WHEREAS, it is proposed to use a portion of the City's population allocation funds to upgrade the local street, to wit: WHEREAS the City indemnifies save and holds harmless the State of Minnesota and its agents and employees from claims, demands, actions, or causes of action arising out of or by reason or matter related to constructing the local street as designed, and WHEREAS, the City further agrees to defend at its sole cost any claims arising as a result of constructing the local street, and WHEREAS, the fmal approval of the State Aid for Local Transportation Division is therefore given, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA that the City of Columbia Heights, Anoka County Minnesota, requests the release of MSAS construction funds for the upgrade and rehabilitation of City municipal streets, to wit: Ulysses Street (Johnson Street to Cul-de-sac) 39`'' Avenue (Cleveland to McKinley Street) Tyler Street (41S` to 42°d Avenues) 39 1/2 Avenue (Cleveland to McKinley Streets Polk Street (41S` Avenue to Arthur Street McKinley Street (39 1/2 to 40`h Avenues) Hayes Street (37`h to 41S` Avenues) Fairway Drive (49`h Avenue to Fairway Drive) - - Cleveland Street (39`h to 40`h Avenues) Tyler Street (49`h to 50`h Avenues) - - City Council Minutes March 26, 2007 Page 10 of 22 12) Adopt Resolution 2007-48 awarding Street Striping and Resolution 2007-49 awarding Seal Coat Nawrocki indicated that the public hearing has not yet been held. Hansen stated that is the next item for discussion and this contract allows 90 days to end the contract. Member cities are looking for a commitment. Nawrocki questioned who did the seal coat work last year. Hansen stated it is the same company. He addressed the difference in materials used and the desire to use trap rock. Nawrocki referred to a resident's letter that last year the streets were not properly covered and they had to scrape rock from their yards. Hansen indicated staff concern with the 2006 seal coat amount of loose aggregate. Nawrocki asked that staff meet with the resident. Hansen stated he has met with him and will meet again at the beginning of April. Motion Kelzenberg, Williams, to waive the reading of Resolution No. 2007-48, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion Kelzenberg, second by Williams, to adopt Resolution No. 2007-48 being a resolution awarding the Joint Powers Agreement Contract with the City of Coon Rapids for the 2007 Street Striping Project to AAA Striping, based upon their low, qualified, responsible bid in the amount of $16.84 per gallon with an estimated cost of $1,060.00 to be appropriated from Fund 212-43190- 4000 and $325.00 to be appropriated from Fund 101-43170-4000. Upon vote: All ayes. Motion carried. RESOLUTION N0.2007-48 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 2007 STREET MAINTENANCE, STRIPING PROJECT TO AAA STRIPING 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 2007 Street Striping, bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Company Amount AAA Striping $ 57,022.00 Traffic Marking Service $ 58,984.00 United Highway Technologies $ 63,608.00 Bergman Companies $ 68,012.50 WHEREAS, it appears that AAA Striping of Rogers, Minnesota is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: 1. The City of Coon Rapids is hereby authorized to enter into a contract with AAA Striping on behalf of the City of Columbia Heights for 2007 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. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution No. 2007-49, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2007-49, being a resolution awarding the Joint Powers Agreement Contract with the City of Coon Rapids for the 2007 -Seal - City Council Minutes March 26, 2007 Page 11 of 22 Coat Project to Allied Blacktop Company, based upon their low, qualified, responsible bid in the amount of $1.88 per gallon of emulsion and up to $42.60 per ton of aggregate with an estimated cost of $47,870.00 to be appropriated from Fund 415-50701-5130. Upon vote: All ayes. Motion carried. RESOLUTION N0.2007-49 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 2007 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 2007 Street Maintenance, Seal Coating bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Base Bid Amount Alternate Bid Amount Company (Trap Rock) Granite Allied Blacktop Company $ 983,774.22 $ 935,599.82 Asphalt Surface Technologies $ 1,234,505.10 $ 1,223,141.10 Pearson Brothers $ 1,247,020.89 $ 1,101,381.41 WHEREAS, it appears that Allied Blacktop of Maple Grove, Minnesota is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: 1. 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 2007 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 100% by assessments. Nawrocki questioned why the hearing was not part of the regular Council meeting. Hansen indicated that is past practice. Diehm stated that public hearings are near the end of the meeting. Motion by Nawrocki to reconsider the motion to set the seal coating public hearing. Diehm question if Councilmember Nawrocki had a time conflict with this meeting. Nawrocki stated it should be part of the regular meeting. Peterson called for a second. No second. was received. Motion died for lack of second. PUBLIC HEARINGS A) First reading of Ordinance 1522 Zoning Amendment to the Zoning Code as it Relates to Seasonal Outdoor Sales. Jeff Sargent, City Planner, stated the item on consent approved the Linder's outdoor garden center. He indicated these are yearly repetitive requests and the proposal eliminates the need for a Conditional Use Permit (CUP), requiring a peddlers license. This ordinance would move seasonal outdoor sales to a permited use. Nawrocki agreed for greenhouse sales, but questioned the other types of Conditional Use Permits required, specifically fireworks sales. Sargent stated that fireworks stands do not currently fall under this code. Jim Hoeft, City Attorney, stated that fireworks are covered by State Statute. Diehm referred to the complaints last year of the outdoor garden sale structure that was spray painted. She indicated she understood staff concerns, but would feel more comfortable leaving this as a CUP. Sargent stated this was proposed by our Planning and Zoning Commission to be staff administered. - Diehm -asked if we have a season use permit. Sargent stated we do not. - - - - - - City Council Minutes March 26, 2007 Page 12 of 22 Motion by Williams, second by Kelzenberg, to waive the reading of Ordinance No. 1522, being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to set the second reading of Ordinance No. 1522 for Monday, Apri19, 2007, at approximately 7:00 p.m. in the City Council Chambers. Nawrocki questioned the City Attorney on fireworks sales. Hoeft stated they are covered under State Statutes, but could require a CUP. Diehm agreed that that most permits could be decided by staff, considering there are only about three a year, but bringing them before Council holds us accountable. Kelzenberg stated that the facility complained about last year was an eye sore. Sargent stated that facility would be requested again. Diehm asked if his request would come under this new ordinance. Sargent stated that he could withdraw and reapply under this ordinance, if approved. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, nay; Nawrocki, nay; Peterson, aye. 3ayes - 2 nays. Motion carried. Peterson suggested that Councilmembers speak to our Planning and Zoning Commission members for more information on this. Diehm stated that she remembered this being added to the zoning ordinance during the last change. She asked that this be researched. B) Adopt Resolution No 2007-37 being a Resolution for abatement of violations at 666-668 47'/2 Avenue Fire Chief Gary Gorman stated this was for the immediate abatement of a broken water pipe and the property is in foreclosure. Motion by Williams, second by Nawrocki, to close the public hearing and to waive the reading of Resolution No. 2007-37, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Nawrocki, to adopt Resolution No. 2007-37, a resolution of the City Council of the City of Columbia Heights declaring the property at 666-668 47 %2 Avenue N.E. 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 2007-37 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Christopher and Tracy Decker (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 666-668 47-12 Avenue N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on February 27, 2007. - - .. - - _ _ - City Council Minutes March 26, 2007 Page 13 of 22 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 2, 2007 the Fire Department was called to 668 47-1/2 Ave. N.E. after receiving information that there was water flowing out of the house. The Fire Department found that a water condition existed at the property and determined entry needed to be made by the firefighters to assess the health and safety of any possible occupants. A locksmith was called to assist in entry but was not available, firefighters forced entry into the structure. Once entry was made, personnel determined the heat to the house was turned off and that a water pipe had burst. The Public Works Department personnel shut the water off to the house. 2. That on February 27, 2007 notices were sent to the owner via regular and certified mail at the address listed on file. 3. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: Secured the units on building to prevent unauthorized access and shut water off to prevent any damage to the building due to cold weather. 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 666-668 4712 Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case maybe, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 666-668 4712 Avenue N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. C) Adopt Resolution No 2007-38 being a Resolution for Rental Housing License Revocation at 1261- 1263 Circle Terrace Boulevard NE Gorman stated the property is occupied, but the owner has not submitted the rental license application. Motion by Kelzenberg, second by Williams, to close the public hearing and to waive the reading of Resolution No.2007-38, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Resolution No. 2007-38, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental license held by Christopher and Tracy Decker regarding rental property at 1261-1263 Circle Terrace Boulevard N.E. Upon vote: All ayes. Motion carried. RESOLUTION 2007-38 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Christopher and David Decker (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1261-1263 Circle Terrace Boulevard N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on March 6, 2007 of an public hearing to be held on March 26, 2007. City Council Minutes March 26, 2007 Page 14 of 22 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 January 15, 2007, inspection office staff sent a letter requesting the owner of the property to renew the rental license of property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on February 15, 2007, inspection office staff reviewed the property file and noted that the property remained unlicensed. A reminder letter was sent by regular mail to the owner at the address listed in the property records. 3. That on March 5, 2007 inspection office staff reviewed the property file and noted that the rental for the property had expired effective February 28, 2007. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 4. 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: Failure to submit a rental license application. 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F7522 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. D) Adopt Resolution No 2007-39 being a Resolution for Rental Housing License Revocation at 1401- 1403 Circle Terrace Boulevard NE Gorman stated that the rental license application. was not submitted. Motion by Williams, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution No.2007-39, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by .Kelzenberg, to adopt Resolution No. 2007-39, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental license held by Ruben Rodriquez regarding rental property at 1401-1403 Circle Terrace Boulevard N.E. Upon vote: All ayes. Motion carried. RESOLUTION 2007-39 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Ruben Rodriquez (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1401-1403 Circle Terrace Boulevard N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on March 6, 2007 of an public hearing to be held on March 26, 2007. 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 January 15, 2007, inspection office staff sent a letter requesting the owner of the property to renew the rental license of property. The letter was mailed by regular mail to the owner at the address listed in the property records. _ 2. That on -February 15, 2007, inspection office- staff reviewed the property file and noted that the property remained unlicensed. A reminder letter was sent by regular mail to the owner at the address listed in the property records. City Council Minutes March 26, 2007 Page 15 of 22 3. That on March 5, 2007 inspection office staff reviewed the property file and noted that the rental for the property had expired effective February 28, 2007. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 4. 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: Failure to submit a rental license application. 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F8208 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. E) Adopt Resolution No 2007-40, being a Resolution for Rental Housing License Revocation at 4634 Polk Street -removed F) Adopt Resolution No 2007-41 being a Resolution for Rental Housing License Revocation at 1316 - 1318 Circle Terrace Boulevard NE Gorman stated this goes back to a March 5th complaint of no heat in the unit. The owner indicated the boiler needed replacement and he did not want to do that. He wanted to move the tenant to another building. On the next inspection there was no heat, only space heaters. Peterson stated the danger in using space heaters. Motion by Kelzenberg, second by Williams, to close the public hearing and to waive the reading of Resolution No.2007-41, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2007-41, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental license held by Michael Fortier regarding rental property at 1316-1318 Circle Terrace Boulevard N.E. Upon vote: All ayes. Motion carried. RESOLUTION 2007-41 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Michael Fortier (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1316 Circle Terrace Boulevard N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on March 6, 2006 of an public hearing to be held on March 26, 2007. 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 March 5, 2007, inspectors for the City of Columbia Heights, inspected the property described above and noted one violation. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on March 6, 2007 inspectors for .the City: of Columbia Heights, reinspected the property and. noted one violation City Council Minutes March 26, 2007 Page 16 of 22 remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on March 16, 2007, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted one violation remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 4. 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: 1316 -Complaint of no heat on the 1316 side. Given 24 hours to repair. Owner was contacted by phone on 3/5/07. Advised 24 hours to correct. Contacted by tenant on 3/6/07 at approx. 12:00. Not repaired. Called and advised owner of starting revocation process. 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F7729B 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. G) Adopt Resolution No 2007-42 being a Resolution for Rental Housing License Revocation at 3820 Hayes Street -removed H) Adopt Resolution No 2007-43, bei~ a Resolution for Rental Housing License Revocation at 573 37tH Avenue NE Gorman stated that this owner carne in prior to the Council meeting, and requested this item be tabled. Motion by Kelzenberg, second by Williams, to table the Rental Housing License Revocation at 573 37th Avenue NE. Nawrocki questioned item 6G that was removed, stating that 3820 Hayes has a different address on the house than the garage. Gorman stated it is a duplex. Nawrocki referred to the Eagan townhouse fires and asked if we have anything in our requirements to eliminate the spread of fire. Gorman stated that all of our town homes have sprinklers installed. ITEMS FOR CONSIDERATION I) Other Ordinances and Resolutions 1. Approval of Lot Split CUP and lot area Variance for a new twin home located at 4920 Tyler Street. Sargent stated the zoning ordinance has been changed to require a CUP for this type request. The applicant would like to sell the homes to potential owners, rather than rent them. The variance is required because they are not of equal size. There are four conditions required to approve a zero lot line. Sargent described the size requirement. This was a single family house that was changed to a duplex. It does meet the requirements of a twin home. Nawrocki stated he felt this was not a good idea. It is alright if the owners get along, but if they disagree there can be problems. The Planning and Zoning minutes refer to questions about the garage that the attorney was to answer. Sargent indicated that the homes would be owned, not rented, and they would require signed agreements on shared walls and for joint driveway use. Sargent stated he would look at our ordinance and review the interpretation with our attorney. City Council Minutes March 26, 2007 Page 17 of 22 Diehm asked if it would be conforming as a twin home. Hoeft indicated that twin homes are not the same as residential and we would not require two 20x20 garages. Nawrocki questioned where the last twin home built was located. Peterson stated at 39th and Reservoir. Nawrocki questioned the number of garages and the driveway width requirement. Hoeft stated that the depth is regulated. Sargent stated the assumption that driveways widths match the garage. . Motion by Kelzenberg, second by Williams, to waive the reading of Resolution 2007-31, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2007-31, approving a minor subdivision at 4920 Tyler Street, subject to the conditions outlined in Resolution No. 2007-31. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. RESOLUTION N0.2007-31 RESOLUTION APPROVING MINOR SUBDIVISION WITH CERTAIN CONDITIONS FOR BRUCE WHITNEY WHEREAS, a proposal (Case No. 2007-0201) has been submitted by Bruce Whitney to the City Council requesting a subdivision from the City of Columbia Heights Subdivision Code at the following site: ADDRESS: 4920 Tyler Street EXISTING LEGAL DESCRIPTION: On File at City Hall PROPOSED LEGAL DESCRIPTION: On File at City Hall THE APPLICANT SEEKS APPROVAL OF A MINOR 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 fire, and risk to public safety, in the surrounding area; and has held the required public hearing on this proposal on March 6, 2007. 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 fmdings of the Planning Commission: 1. The proposed subdivision of land will not result in more than three lots. 2. The proposed subdivision of land does not involve the vacation of existing easements. 3. All lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located. 4. The proposed subdivision does not require the dedication of public rights-of--way for the purpose of gaining access to the property. 5. The property has not previously been divided through the minor subdivision provisions of this article. 6. The proposed subdivision does not hinder the conveyance of land. 7. The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. 8. The proposed subdivision meets all of the design standards specified in the §9.114. FURTHER, BE IT RESOLVED, that the attached condition, plans, maps, and other information shall become part of this subdivision approval. CONDITIONS: 1. All application materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. 2. The applicant shall pay a park dedication fee in the amount of $3,132.00, due at the time of fmal approval by the City Council, and prior to any permits issued for the property. Motion by Kelzenberg, second by Williams, to waive the reading of Resolution 2007-32, there being ample copies available to the public. Upon vote: All ayes. Motion carried. City Council Minutes March 26, 2007 Page 18 of 22 Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2007-32, approving a Conditional Use Permit for a twin home located at 4920 Tyler Street, subject to the conditions outlined in Resolution No. 2007-32. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. RESOLUTION N0.2007-32 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR BRUCE WHITNEY WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2007-0201) has been submitted by Bruce Whitney to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 4920 Tyler Street LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.109 (F)(3)(b). WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on March 6, 2006; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and 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: 1. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. 10. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. 11. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 12. The use complies with all other applicable regulations for the district in which it is located. FURTHER, BE IT RESOLVED, that the associated conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one L calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. All application materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. 2. The shared party wall shall have not less than cone-hour fire resistive rating with exposure from both sides. 3. A shared parking/driveway easement shall be drawn up and recorded with Anoka County for the shared use of the driveway. Motion by Kelzenberg, second by Williams, to waive the reading of Resolution 2007-33, there being ample copies available to the public. Upon vote: All ayes. Motion carried. City Council Minutes March 26, 2007 Page 19 of 22 Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2007-33, approving a 1,199.5 square foot lot area variance for the southern parcel. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson; aye. 4ayes - 1 nay. Motion carried. RESOLUTION N0.2007-33 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR BRUCE WHITNEY WHEREAS, a proposal (Case # 2007-0201) has been submitted by Bruce Whitney to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 4920 Tyler Street LEGAL DESCRIPTION: On file at City Hall THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 1,199.5 square foot area variance for the creation of a new lot per Code Section 9.109 (D)(4).. WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on March 6, 2007; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: 1. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, where strict adherence to the provisions of this Ordinance would cause undue hardship. 2. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. 3. The difficulty or hardship is caused by the provisions of this Ordinance and has not been created by any person currently having legal interest in the property. 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. 5. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. FURTHER, BE IT RESOLVED, that the associated plans, maps, and other information shall become part of this variance and approval; and in granting this variance the city and the applicant agree that this variance shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. ADMINISTRATIVE REPORTS Report of the City Manager Fehst • Our hauler, BFI, will again pick up leaves and grass clippings from April 16 through November. • 5134 Washington - a few of the issues have been addressed. Hansen stated that the issue of a pedestrian crossing went to the Traffic Commission two years ago, but no action was taken. Park improvements were allowed in the 2006 budget, but there were no specific park improvements completed. If so directed by Council, improvements can be discussed with the Park and Recreation Commission and completed this year. Equipment is not ADA complaint. Hansen stated that a handicapped child warning sign should also be brought to the Traffic Commission. Nawrocki referred to the green lumber with arsenic used for play equipment. Hansen stated that used to be the common treatment. City Council Minutes March 26, 2007 Page 20 of 22 Motion by Nawrocki to refer street stripping and handicap child sign be referred to the Traffic Commission and the park slide concerns be referred to the Park and Recreation Commission. Nawrocki requested that the resident and Council receive responses to these items and that the resident receive a response to the arsenic treated wood. Peterson explained green treated lumber. Fehst indicated that it would be referred to the Park and Recreation Commission to replace the wood this year. Nawrocki indicated that this area was designated as a passive park. Fehst stated that the resident will be informed of the respective meetings. Second by Williams. Upon vote: All ayes. Motion carried. Nawrocki • City Newsletter -asked staff to consult with Jamboree officials Wally Logacz and Joe Berzak on the news article for this event. • 4752 5th Street house -, had not shoveled the snow from the sidewalk. Thought our abatement code made it the responsibility of the property owner. • 51St and University -Saturday there were three vehicles there without current licenses. • Green sheet Recreation item regarding bowling -the event was held in Hilltop. Have we talked to the local bowling alley about having our events there? • Annual Report -disagreed with budget information in the City Manager's letter and requested information on the labor relations report and what the grievances were. • Manager's remarks on discussing Nawrocki with the State Auditor. • Requested updates on the activity center and Central Avenue TIF District. Fehst stated he would not comment on the first item. We are trying to contact Ms. Kaldor to see when a presentation could be made to the ACCAC Committee or to include them in the April 2nd presentation. The TIF Legislation it was heard in the House and Senate today. Nawrocki stated he wanted more information on what he is being charged with or accused of. Fehst stated that Councilmeinber Nawrocki would get the information, if there was any. Nawrocki asked if he would speak to the State Auditor about the name calling that was done to him. Fehst stated that has nothing to do with it. Peterson stated this is not a forum to discuss this. Nawrocki referred to threats made against him. Nawrocki referred to the article in the newspaper about Bruce Nedegaard's situation and that maybe the auditors should be talking about that too. Report of the City Attorney -nothing to report. CITIZENS FORUM Nawrocki referred to a letter received March 8 that was not sighed. Peterson indicated that if it was anonymous, it did not deserve reading. Nawrocki read portions of the letter, critical of him and of Council actions. He indicated the desire that the person call him with their concerns so he could discuss theirs with them. He stated that he does not refuse to talk to any one, believing in openness in goverrunent. City Council Minutes March 26, 2007 Page 21 of 22 COUNCIL CORNER Kelzenber~ • Volunteer recognition dinner will beheld on March 29. Hope to get more citizens involved. • When hear disucsion on the liquor stores, believe people don't understand the process. This should have been done 20 years ago. This will improve the tax base. People don't see the liquor store numbers. People don't think we need a community center. We do need it and need to do things for the future of our city. He stated he would stay out of the debate and will vote the way he feels with the thought of the future in mind. Williams • Agreed. We must make decisions for the future of the city. Citizens of the city want us to be in the liquor business. They voted for it twice. We will attempt to get the right store and build a building that could be used for something else. • Enjoy the nice weather. • Summarized a 33 page letter regarding a random act of kindness. • Please do not send anonymous letters, sign your name and give a phone number. There is no point to read them if they are not signed. • Pray for one another and do a random act of kindness. Stated his gratefulness for our staff. • It is great that citizens assist our police. Fehst asked that residents call 911 when they see problems. Diehm • March is MN food share month. There was a successful Empty Bowls event at Murzyn Hall. • The March value is integrity, defined as honesty and sincerity. Nawrocki • Regarding that citizens don't have the information they should have; Council also doesn't have all the information they should. • The TIF district extension equates to $2,500 a year per party. • Commended the Police Department on using the reverse calling system to warn residents of scams. • Attended the National League of Cities conference in Washington D.C. Listed the meetings attended and referred to materials he has available to share. Met with our new congressman and discussed items such as financial participation, community block grant program and cable restrictions, and when we can get our troop out of the Middle East. Referred to the hardship this places on the troops and their families. • Concerned about the large number of mortgage foreclosures and large delinquent tax list in the local papers. This is an indication that we are taxing people out of their homes. Peterson • Kelzenberg, Fehst, and he also attended the National League of Cities conference, listened to speeches by Senators Clinton and Coleman and met with Senators Klobachar, Ellison, and Oberstar. Senator Ellison indicated he would be happy to attend one of our meetings. Everyone was a pleasure to meet and all expressed concern about our military troops. • We are modest in our tax base. Concerns are adjustable loans and people paying more for homes than they could afford. We need to try and help others. • Anonymous letters often have statements made in error. The writer is better to add their name so concerns can be discussed. • Stated pride in our police and as citizens we must watch over our neighbors. City Council Minutes March 26, 2007 Page 22 of 22 • The article about Mr. Nedegaard was very unfortunate. He died three weeks after his wife. The article did a disservice to his family. "He was a good friend to me and I am proud to have known him." • Don't take ourselves too seriously, and do a random act of kindness. ADJOURNMENT Mayor Peterson adjourned the meeting at 9:45 p.m. Patricia Muscovitz CMC Deputy City Clerk/Council S