Loading...
HomeMy WebLinkAboutApril 23, 2007OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING APRIL 23, 2007 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, April 23, 2007 immediately following the Public Improvement Hearing 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. Lorraine Mel, Pastoral Minister, Immaculate Conception Church, gave the Invocation. PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Nawrocki requested to add discussion on the expansion of the Central Avenue TIF District. Fehst stated it would be going to a joint committee of the Senate and the House. Nawrocki indicated he wanted this placed on the agenda. Fehst stated that there is no additional information for the Council on this item. PROCLAMATIONS PRESENTATIONS RECOGNITIONS AND GUESTS Presentations 1) Columbia Heights Athletic Booster Association donation to Recreation program. Keith Windschitl, Recreation Director, introduced Chad Lewandowski, CEO of the Columbia Heights Boosters and Mark Vescio, Athletic Booster President. Mark Vescio stated the mission of the Columbia Heights Athletic Booster Association is to support youth athletics and activities. As with other organizations, funds are tight. He stated they would do their best to make funds available for kids to participate in ail activities. He presented a check in the amount of $30,000. Vescio stated that the organization is always looking for new members. Windschitl stated it is a privilege to accept this donation. These donations help the youth of the community receive reasonable program fees. We appreciate their support and donation. Nawrocki questioned the scholarships, and how much in Lions scholarships are given. Windschitl stated that every quarter a youth, if they get reduced or free lunches in the School District, can receive up to a 75 percent reduction of up to $25. At Highland Elementary about 80 percent of the students qualify. Nawrocki requested the dollar amount be passed on to him. Peterson stated he has been a member of the Boosters for about 35 years. The donations over the years have been in the millions. We need new members and would welcome them. The Boosters meet the third Wednesday of the month at Murzyn Hall. They have done a world of good in our community. The Boosters had three pull tab operations in the city, but that is now dawn to one operation, so they must begin. new ventures to raise funds. The remaining pull tab operation is at Sarna's restaurant. He stated his pride in the organization. 2} 2007 Sister City Young Artist Showcase Peterson congratulated the winners of the Young Artist's showcase: Blue Ribbon winner: Iman Hassan and Red Ribbon Winners: Brittany Benson and Youa Yang. The topic was "Do we live in an accessible world". Iman Hassan received $50 and her painting will be sent to the next level of City Council Minutes Aprit23,?007 Page 2 of 14 competition in Washington DC. The two red ribbon winners received $25. Iman Hassan and Brittany Benson were present to show their art work. Peterson stated that he viewed the showing and the participants were all. very talented. Iman Hassan stated that she is a senior at Columbia Heights High School. She showed and explained her artwork. She credited the Sister Cities organization for giving her this opportunity. Fehst referred to the Mayor's diversity initiative and suggested she participate. He indicated the importance of youth participation in local government. Brittany Benson stated that she is a junior at Columbia Heights High School She explained her painting. Benson also stated that the High School is presenting the play "Anything Goes" and invited everyone to attend. Diehm stated the play has reserved seating and indicated to call ahead for tickets. Peterson thanked Liz Bray, Recreation Department, and the Sister City Group for sponsoring this event. He indicated the desire that this be an annual event. CONSENT AGENDA Nawrocki requested to remove consent agenda items number 3, 6, 7 and 8. Walt Fehst, City Manager, took Councilinembers through the Consent Agenda Items. 1) Approve City Council Apri19, 2007 Board of Review and regular meeting minutes a) Motion to approve the minutes of the Apri19, 2007 Board of Review as presented. b) Motion to approve the minutes of the April 9, 2007 regular City Council meeting as presented. 2} Accept Boards and Commissions Meeting Minutes a) Accept the March 28, 2007 minutes of the Park and Recreation Commission. Nawrocki disagreed with the statement in the minutes regarding carry over of funds. The budget does not allow you to move funds around without Council action. 3) Adopt Resolution No. 2007-52, being a Resolution amending Resolution No. 2004-23 authorizing certain Charitable Gambling -removed 4) Approve transfer of funds from the General Fund to Police Department bud>;et to reimburse overtime fund P~Zotion to transfer $4,032.35 received from Unique Thrift Stores and $4,279.75 received from Columbia Heights School District - a total of $8,312.1.3 -from the General Fund to the Police Department 2007 budget line #1020, Police Overtime. 5) Adopt Resolution No. 2007-60, being a Resolution authorizin>; the cleaning_and lining of 3,650 lineal feet of water main under the Minneapolis 2007 program, City Rroject No. 0703 Motion. to waive the reading of Resolution 2007-60, there being ample copies available for the public. Motion to adapt Resolution 2007-60, being a Resolution to aceept the Feasibility Repart far the 2007 Water Main Cleaning and Lining Program and orders the Public Improvement for water main cleaning and lining of pipe totaling 3,6501ineal feet, under the City of Minneapolis water main cleaning and lining program for 2007. City Council Minutes April 23, 2007 Page 3 of 14 Fehst stated this is the third year of the program. In the future there will also be a tie in to the Met Council contract for lining of the area that backed up last year. RESOLUTION NO.2007-60 BEING A RESOLUTION ACCEPTING THE FEASIBILITY REPORT FOR THE 2007 WATER MAIN CLEAI`ffI~IG AI :tTJ LINING PROGRAM AND ORDERING THE PUBLIC IIv1PROVE7vtENTS CITY PROTECT - NO. 0703 WHEREAS, the City Council has initiated a water main cleaning and lining program under the City of Minneapolis' annual cleaning and lining program. WHEREAS, a report has been prepared by the Director of Public Works with reference to the 2007 Water Main Cleaning and Lining Program, and WHEREAS, the 2007 Water Main Cleaning and Lining Program includes the following main segments: Monroe from 49`h to S ls` Avenues. 50 %z Avenue from Monroe to Jackson Streets, 50`h Avenue from Monroe to Jackson Streets and 49 '/z AvetYUe from i~Ioiiroe to Jackson Streets, and 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 April 23, 2007. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA 1. The Council will consider the improvement of such water mains in accordance with the report and the assessment of water services to 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 $130,000. 2. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report. 3. Such improvement is hereby ordered as proposed in the Council Resolution adopted 23`d of April, 2007, 4. These improvements shall also be known as Project No. 0703 S. The City Engineer, Kevin Hansen, is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. 6) Adopt Resolution No 2007-59 being a Resolution accepting bids and awarding a contract for City project #0700: 2007 miscellaneous concrete repairs and installations -removed 7) Authorize agreement with Nesbit Agencies to be Agent of Record for the City's insurance package -removed 8) YMCA Market Study for Activity Center -removed 9) Approve the items listed for rental housing license applications Motion to approve the items listed for rental housing license applications for April 23, 2007. 10) Approve reissue of rental housing license for 4502 Washington Street NE as it complies with City Code Motion to issue arental-housing license to L & P Asset Holding LLC to operate the rental property located at 4502 Washington Street NE in that the provisions of the residential maintenance code have been complied with. l l) Approve Business License Applications Motion to approve the items as listed on the business license agenda for April 23, 2007. as presented. City Council Minutes April 23, 2007 Page 4 of 14 12) 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 121096 through 121521 in the amount of $713,816.54. Nawrocki questioned the peddler's license application. Diehm stated it is for the Jamboree. Motion by Diehm, second by Kelzenberg, to approve the Consent Agenda items, with the exception of items No. 3, 6, 7, 8. Upon vote: All ayes. Motion carried. 3. Adopt Resolution No. 2007-52 being a Resolution amending Resolution No. 2004-23 authorizing certain Charitable Gambling Nawrocki requested a better explanation of the resolution changes. Police Chief Tom Johnson stated he was notified by the Charitable Gambling Board that we were not in line with State Statute. We can not charge a license fee, but we can charge an investigation fee. The amount charged by the charitable gambling facility has been changed to base it on the gross profit. Johnson had copies of the State Statute available. Motion by Dielnn, second by Kelzenberg to waive the reading of Resolution No. 2007-52, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2007-52, being a Resolution amending Resolution No. 2004-23 authorizing certain Charitable Gambling. Upon vote: All ayes. Motion carried. RESOLUTION NO. 2007-52 BEING A RESOLUTION AUTHORIZING CERTAIN CHARITABLE GAMBLING BE IT RESOLVED by the City of Columbia Heights that gambling, as described in Minnesota Statute 326 shall be prohibited in all bars and liquor establishments within the City which are licensed pursuant to Section 5.501, 5.503, 5.504, 5.505, 5.50, or 5.57 of the City Code unless: 1. The organization wishing to gamble obtains the permission of the Minnesota Charitable Gambling Control Board; 2. The organization wishes to gamble obtains the permission of the Council of the city of Columbia Heights; 3. The organization. wishing to gamble has been in existence in Columbia Heights for not less than ten years; 4. The organization wishing to gamble is a bona fide club; 5. The organization wishing to gamble does not pay the proprietor of the licensed premises a rental or lease payment, inclusive of any and atl allowable expenses, in excess of that amount as set forth in MN.STAT.349 et. Seq., as amended. No other payment, set-off, or credit, of any kind, other than as set forth above, shall be paid to or on behalf of the proprietor, or any company or vendor providing any service or goods to or on behalf of the proprietor. 6. An irvestigatior. fee not subject to a waiver shall be paid to the City of Columbia Heights in the amount of $250 for Class A and Class B licenses and $25 for Class C and Class D licenses. Investigation fees shall not be prorated or refundable. Not withstanding anything to the contrary herein, an existing Class A or Class B licensee shall pay an investigation fee of $25 for any event, of three days or less, to be conducted at a location other than the established license location. 7. If the organization is determined to be in violation of any of the terms or conditions of this Resolution, any authorization hereunder previously granted to conduct said gambling activity maybe immediately suspended until such violation(s) is/are corrected. Any such determination of violations(s) and any suspension hereunder shall be made as follows: a. At a meeting open to the public; and b. After a minimum of ten (10) days notice to the organization; and c. After providing the organization with the opportunity to present its position at said meeting; and d. By a simple majority vote of the City Council. NOW, THEREFORE, BE IT RESOLVED that this resolution shall take effect on April 23, 2007, and shall replace Resolution 2004-23. City Council Minutes April 23, 2007 Page 5 of t 4 Adopt Resolution No. 2007-59 being a Resolution accepting bids and awarding a contract for City project #0700: 2007 miscellaneous concrete repairs and installations Nawrocki asked what we did to obtain bids. Hansen stated this was advertised in the Focus and the League Bulletin. Responders were the usual bidders. Kassa's bid was almost two percent lower than last year. Hansen stated this is small, piecemeal work. riansen stated that six people had picked up plans. Motion by Kelzenberg, second by Williams, to waive the reading of Resolution No. 2007-59, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2007-59, accepting bids and awarding the 2007 Miscellaneous Concrete Repairs and Installations, Municipal Project #0700, to Ron Kassa Construction., based upon their low, qualified; responsible total bid in the amount of $12,333.58 with funds to be appropriated from Fund 401-50700-4000; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. Upon vote: All ayes. Motion carried. RESOLUTION NO. 2007-59 RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE 2007 MISCELLANEOUS CONCRETE REPAIRS AND INSTALLATIONS, CITY PROJECT NO. 0700 TO RON KASSA CONSTRUCTION WHEREAS, pursuant to an advertisement for bids for City Project No. 0700, Miscellaneous Concrete Repairs and Installations, bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Bidder TOTAL Ron Kassa Construction $12,333.58 Jay Bros., Inc. $33,714.11 WHEREAS, it appears that Ron Kassa Construction, Inc., 6005 250"' E, Elko, Minnesota 55020 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 Ron Kassa Construction, Inc. in the name of the City of Columbia Heights, for the 2007 Miscellaneous Concrete Repairs and Installations, City Project No. 0700, 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. 3. City Project #0700 shall be funded with State Aid Maintenance Fund, General Fund, Park Fund, Street Fund, Sewer and Water Fund and Phtc funds. 7. Authorize agreement with Nesbit Agencies to be Agent of Record for the City's insurance acp kage. Nawrocki questioned if we buy insurance through the League of MN Cities (LMC) why da we need an agent. Bill Elrite, Finance Director, stated that we are required by the League to have an agent. The agent represents us, reviews our policy/coverage, and gives advise on what we should have and what we need. Nawrocki questioned if the policy is written by the League. Elrite stated it is written by the League Insurance Trust. Nawrocki stated that we are only buying what the League offers. Elrite stated that the agent reviews and advises an items such as our tort liability. Nawrocki questioned if it is $12,000 worth of work. Elrite stated that it is $13,000 less than when we had a commissioned agent. City Council Minutes April 23, 2007 Page 6 of 14 Motion by Dielum, second by Kelzenberg, to authorize the Mayer and City Manager to enter into an agreement with Nesbit Agencies to become our Agent of Record for the City's insurance package. Upon vote: All ayes. Motion carried. YMCA Market Study for Activity Center Nawrocki stated that this study is premature. We already did such a study. Fehst indicated that involved other things, including retail. Nawrocki stated he has not seen a contract for this and the feeling of this survey was not if we need a facility, rather what people would be willing to pay for these types of services. The committee has not requested such a study. We are getting carried away with the recommendation of a facility that could be upwards of $20 million. Has the school been asked to cover a share of this study? Fehst stated that the YMCA was asked to come in and discuss their interest to build a facility in Columbia Heights, and if not, would they be willing to run a facility. Fehst referred to the Andover facility where the YMCA runs the pool and rooms, but not the gyms. This was mentioned at the last committee meeting and is on the agenda tonight by request of the Council. Diehm clarified that she asked to have this placed on the agenda. The YMCA approached us with their interest, and we are looking at a process for a community center. They proposed to complete a study that they do all over the country, polling 300 households to see what amenities could be supported in such a facility. They would present the City with a booklet of site possibilities. Their studies are about 95 percent accurate in the number and type of attendees. The YMCA offers memberships and scholarships. Because the study process takes 60-90 days this information would benefit the committee, and the YMCA will pay for one-half of the study. It is important for us to have this information to assure residents we have looked at all options. Nawrocki stated that he supported meeting with the YMCA to see what they could do, as they could be a logical partner in such a facility. However, they sound committed to having a major pool and if you belong to another facility you are entitled to use any of their other facilities. Nawrocki stated that a pool is one of the amenities that add to the cost of such a facility, and he is not sure our committee feels a pool is necessary, even though it has been talked about. We should work with the school and concentrate on what we discussed in the beginning. The school needs to be involved in this study, particularly by participating in the cost. This is premature. Diehm stated that while the Activity Center Committee looks at what is best for our community, the YMCA would expect fund raising, but they do also draw from a larger fund base. We discussed running the gyms and the commmunity would benefit from their entire budget. Deb Johnson, 4626 Pierce, stated that if they are willing to pay for a facility, let them. Aurora Johnson, 3977 Polk Street, stated that she is a member of the Activity Center Committee and participated in the visit to the Andover facility. It was a fantastic facility. The committee has discussed options of a partial or full amenity facility. This would be the time to have the discussion with the YMCA. Fehst stated it has not been discussed what the YMCA would provide. Kay Mayer, 2115 Highland Place, stated we have to move forward. with this. If the YMCA is willing to help, fine. Putting out this money is not going to hurt. If we are going to move on this, it must be now. Nawrocki stated that he visited the $19 million Andover facility and it is very nice. He felt the City Council Minutes Apri123, 2007 Page 7 of 14 residents put up the money for the facility. The YMCA and the city are each responsible for different parts of the facility. There would not be a lot of money coming from the YMCA. Peterson stated that the YMCA would determine through their own survey, if this is a viable project. This study would take about 60-90 days, and we hope that our committee will have their work done by then. Project phasing is possible, but we need answers as soon as possible. Peterson stated that he wants an answer by the end of June and wants to be moving forward by July. He is also tired of all the studies; either we get on with it or get on with something else. We deserve a good facility. People have expressed that they want a pool here, and if the YMCA can provide that, so be it. Motion by Williams, second by Kelzenberg, to authorize contributing to the cost of a joint market study with the YMCA at a cost to the city of up to 50% of the total study cost, or $12,500, whichever is less, to be paid from Fund 418. Nawrocki asked that the school be contacted before a study agreement is made with the YMCA and he wants to look over the questions that they intend to ask. Nawrocki stated that the city has gone to the citizens twice for a facility and it has been turned down, whereas voters have backed city liquor operations twice by the voters. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. PUBLIC HEARINGS A) Second reading of Ordinance No. 1523, being an Ordinance relating to the use of temporary signage in the business districts in the City of Columbia Heights Jeff Sargent, City Planner, stated this ordinance pertains to the use of temporary signage in the city. Sargent listed the four proposed changes. T'he changes would not take away the use of temporary signs, but would limit the location, number allowed at a given time, duration and size. Peterson stated that at the last meeting the City Planner was directed to talk to business owners. Sargent stated that he talked to two owners, one of which is present tonight and the second owner only requested clarification and was satisfied with the proposed ordinance. Peterson opened the public hearing and asked for public comment. Jeff Bahe, Jeff s Bobby and Steve's AutoWorld, stated that he met with the City Planner and went out to meet other business owners. He presented a letter from Mr. Moser, a business owner that could not be present. He stated that five other business owners are present. These business owners stated they were not approached by the city with the proposed ordinance change. Bahe stated that he had 20 signatures regarding this, and he believes it is possible to form a business association. He requested that a committee of business owners and city staff come up with a cooperative plan. Diehm asked if the request is to table the second reading of the ordinance. Bahe stated that he has ten people that want to be on a committee to come up with a plan. Dielun asked what the proposed ordinance concerns are. Bahe stated the number of signs, that a temporary sign requires a permit, and the duration of the permits. Bahe stated that this is going from liberal to chocking the businesses, but he agreed that changes need to be made. The business owners, as tax payers, need to be heard. He felt there would be a resolution that works for everybody. City Council Minutes April 23, 2007 Page 8 of 14 Robert Hartley, Attorney on Central Avenue, stated he and his friend purchased the building and he owns another business across from the theater. He agreed that his banner needs to be changed. Hartley suggested a common theme, such as using the theater or peace clock. If the business owners and city can come up with a plan, that would be the best solution. Kelzenberg told him that his banner should be removed. Hartley referred to the area by Nye's and the quality of the businesses fitting together. Columbia Heights has a corridor of businesses that have uniqueness about them. George Haney, Property Manager of Central Value Center, asked for clarification of what the temporary sign application would cost. Sargent stated that the fee has not been. determined, but would cover the cost and wage to process the permit and site visit or there may not be a cost. There has not been a formal decision. Diehm asked if our liquor store is in violation of our sign ordinance. Peterson stated that one store was in violation, but the signage has now been. removed. Haney asked if the signs would require property owner approval and have due process rights. He stated that other communities such as Elk River require the ownership be aware of when signs are going up and what they say. Peterson asked if he would be willing to work with the group. He stated he could attend a meeting. Sargent stated it has not been determined if it would be best to have the property owner sign the permit or if it would be the responsibility of the applicant/tenant. Barb Kolaff, owner of Mineke Car Center, stated that they opened last fall and that signage is important to them, since they do not have the visibility of other businesses. She indicated that they put up a sign and three days later received a letter to take it down. We need to work together on this. Where was the communication; we did not know about this proposal. She stated that as a business owner, she is anxious to form a committee and bring the community together. Kolaff stated disappointment with signs that are knocked down and with temporary signs that are permanent. We want to work together with the City. Peterson indicated that there was discussion at the last meeting to table this to have business input. Now we can get those meetings started so business owners, staff and Planning and Zoning Commission (P&Z) members can work together. Sargent reminded Council of the process for the second reading of an ordinance, stating notification met all legal requirements. Four public meetings were held. It would be cost imperative to notify all residents. This ordinance only addresses temporar,~ signs. Sargent agreed with having a common theme, which is covered in our Design Guidelines. Information was gathered from other cities and passed on to the P&Z Commission through work sessions. They concurred on what was reasonable. Sargent stated he would be willing to attend the business owner's meetings, but referred to the work the P&Z Commission did on this ordinance. Nawrocki indicated that he was the only person that voted against disbanding the Columbia Heights Chamber of Commerce. We had improved the control on signs; unfortunately they are allowed an excessive amount of time, which is not much better than 30 years ago. The proposed ordinance is still pretty weak. Nawrocki referenced signage comparisons to the Auta World facilitys. He indicated that Bona's on University Avenue does not use temporary signage. He does well without temporary signs. Nawrocki referred to the lack of signs around businesses in Washington DC. He applauded the P&Z for putting this ordinance together and indicated the desire that the Council listens to their recommendatian. City Counoil Minutes Apri123,2007 Page 9 of 14 Motion by Nawrocki, to waive the reading of Ordinance No. 1523, there being ample copies available to the public. No second was received. Motion failed. Diehm agreed that staff has done a good job and thanked the P&Z for their work on this. The ordinance revisions do not seem harsh. W e have repeatedly asked our business owners to get involved. She stated disappointed that they did not get involved in the planning stage, but would like to give them an opportunity to have that discussion. Diehm indicated that she many not be open to support anything more lenient, but wants to let business owners know that we want their involvement. Kelzenberg stated his appreciation for staff and the P&Z's hard work, but felt it was great that the businesses want to meet on this. There is room for a happy medium; a lot of those signs don't belong out there. Peterson agreed with Kelzenberg and Diehm. Sargent stated he would moderate the meeting, but requested a specific date when this would come before the Council. We do not want it to take six months before anything is done. He stated that if the committee recommends changes to amend the ordinance, it would need to be brought before the P&Z Commission. Diehm agreed with a one month time period with the goal being the review of these provisions. Motion by Diehm to table the second reading of Ordinance 1523 regarding temporary signage, until the second Council meeting in the month of May. Second by Kelzenberg. Upon vote: Kelzenberg, aye; Williams, abstain; Diehm, aye; Nawrocki, nay; Peterson, aye. 3ayes - 1 nay - 1 abstention. Motion carried. Diehm clarified that it is not up to the City Planner to schedule this meeting. It is up to the business owners to meet with staff. If this is not done, the ardinance will go forward. Peterson. indicated that this meeting would be to help the business owners understand the Ordinance. The business owners should have an organization that we could contact in such cases so there is not a perceived lack of communication. Even though hearings are done legally, the message does not always get out. B) Second reading of Ordinance No. 1524, beir~~ an Ordir~ar~ce relating to the lengths of required off- street parking stalls in the City of Columbia Heights Sargent stated this Ordinance is regarding reducing the length of parking stalls from 20 feet to 18 feet when at a curb. This was covered extensively at the first reading. There were no comments from. the audience. Motion by Diehan, second by Kelzenberg, to waive the reading of Ordinance No. 1524, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg to adopt Ordinance No. 1524, being an Ordinance relating to the lengths of required off-street parking stalls in the City of Columbia Heights. Upon vote: A11 ayes. Motion carried. City Council Minutes April 23, 2007 Page 10 of 14 ORDINANCE NO. 1524 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO THE LENGTHS OF REQUIRED OFF-STREET PARKING STALLS IN THE CITY OF COLUMBIA HEIGHTS The Citv of Columbia Heights does ordain: Chapter 9, Article I, Section 9.106(L) of the Columbia Heights City Code, is thereby amended to read as follows: §9.106 GENERAL DEVELOPMENT STANDARDS (L) Off-street parking and loading. (7) Design and maintenance of parking facilities. Off-street parking facilities are subject to the following design and maintenance requirements: (a) Size of parking spaces. Each parking space shall be not less than 9 feet wide and 20 feet in length, exclusive of an adequately designed system of access drives. In the case where the parking space is abutting a curb at its narrowest dimension, the parking stall length maybe reduced to 18 feet. In parking lots with more than 300 spaces, up to 40% of such spaces may be designated and clearly marked as compact car parking spaces with signage that is reasonably visible year round. A compact car parking space shall not be less than 8 feet wide and 18 feet in length, exclusive of the adequately designed system of access drive. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. C} Adopt Resolution No. 2007-61, being a Resolution for Rental Housing License Revocation at 679 40tH Avenue N.E. Fire Chief Gary Gorman stated this is a new rental property. The owner was sent the information and has not returned the application, fee, or inspection schedule. Motion by Williams, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution No.2007-61, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2007-61, Resolution ofthe 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 Cynthia Agyil regarding rental property at 679 40th Avenue N.E. Upon vote: All ayes. Motion carried. RESOLUTION 2007-61 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 Cynthia Agyili (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 679 40'h Avenue 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 April 4, 2007 of an public hearing to be held on April 23, 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 August 7, 2006, inspection office staff sent a letter requesting the new owner of the property to 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 Apri14, 2007, inspection office staff reviewed the property fife and noted that the property remained unlicensed. A Statement of Cause was mailed by regular 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 City Council Minutes April 23, 2007 Page 11 of 14 Residential Maintenance Code were found to exist, to-wit: Failure to submit a rental license application and failure to schedule a rental license 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 SA, Article III SA.306 and SA.303(A}. OR17ER Or' COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number U679 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. ITEMS FOR CONSIDERATION Bid Considerations 1 } Adopt Resolution No. 2007-62, being a Resolution accepting bids and award a contract for the demolition of three buildings located at 50th and Central Avenues to Rachel Contracting Hansen stated this demolition is for structures on Central Avenue to begin the process for the new city liquor store site. There were eight bids submitted for demolition and abatement. The engineer's estimate was $60,000. We recommend awarding the bid to Rachel Contracting for $49,667. The abatement necessary is minimal. Nawrocki asked if we have bids for the engineering work on this. Hansen indicated that ProSource did the engineering work. Nawrocki stated that this is premature, as there are no plans for the building; Council has only seen sketches. Estimates are $1,000,000 over the city's original estimate for the work. Nothing has been approved by the P&Z. We have not raised the money and we should look at the matter of bonding. There is an arrangement to go through the EDA, which is a more expensive way to borrow money rather than issuing general obligation bonds to pay for the facilities. Because of this we may pay $30,000 to 40,000 more in interest costs, and the Finance Director indicated to him that maybe conservative. By issuing general obligation bonds we could be subject to a referendum of the city. It would save money and give residents a chance to express their opinion through a referendum. Nawrocki stated that a resident with a printing business in Roseville requested the City Manager consider allowing her 2,500 square feet of office space in the new liquor store, but he did not return her call. There should be follow up to see if her needs could be accommodated. Fehst stated that he had returned the call and Left a message for her. Because of the space restraint, there would not be room at the liquor store. Williams asked if we received any block grant money for this demolition. Hansen stated that we did not, as timing was a problem for the site to be ready by June. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution No. 2007-62, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2007-62, for the removal/abatement of hazardous materials and removal-demolition of three (3) structures located at 4940, 4946 and 4952 Central Avenue, Municipal Project #0751, to Rachel Contracting of Maple Grave, Minnesota, based upon their low, qualified, responsible total bid in the amount of $49,676.00 with funds to be appropriated from Fund 436-50751-5110; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Upon vote: Kelzenberg, aye; Williams, aye; Diehin, aye; Nawrocki, abstain; Mayor Peterson, aye. 4ayes - 1 abstention. Motion carried. City Council Minutes Apri123, 2007 Page 12 of 14 RESOLUTION NO. 2007-62 RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE REMOVAL/ABATEMENT OF HAZARDOUS MATERIALS AND REMOVAL/DEMOLITION OF BUILDINGS at 4940, 4946, & 4952 CENTRAL AVENUE TO RACHEL CONSTRUCTION. WHEREAS, pursuant to an advertisement for bids for City Project No. 0751, Removal/Abatement of Hazardous Materials and RemovaUDemolition of 3 Buildings, bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Bidder Total Rachel Contracting $49,676.00 Veit & Company $51,276.00 Frattalone Companies, Inc. $56,435.00 Landwehr Construction, Inc. $56,570.00 Carl Bolander & Sons Co. $64,917.00 Buberl Recycling and Composting, Inc. $68,732.00 Belair $71,500.00 Semple Excavating $74,370.00 WHEREAS, it appears that Rachel Contracting, 10900 89`'' Avenue, Maple Grove, Minnesota 55369 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 Rachel Construction in the name of the City of Columbia Heights, for the Removal /Abatement of Hazardous Materials and RemovaUDemolition of 3 Buildings, City Project No. 0751, 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. 3. City Project #0751 shall be funded with Liquor Store Funds, Fund 436-50751-5110. D) Other Business Nawrocki read a letter he wrote to Senator Chaudhary and Representative Laine requesting legislation to require a referendum for the extension of the Central Avenue TIF district. Peterson asked how the letter was written. Nawrocki stated on city letterhead. Peterson indicated that went against Councilmember Diehm's motion at a past council meeting that was thoroughly discussed and approved on a 4-1 vote. Staff direction was to pursue legislation. Peterson stated his opinion that Nawrocki was out of order and against what the council. and our community desires. This should not have been done as a councilmember, only as a citizen, or what would be the purpose to take a vote. Fehst stated he drafted a letter for Councilmembers to sign to refute Councilmember Nawrocki's letter, based on past council action to support this legislation. He stated he spoke to Senator Chaudhary and the Community Development Director spoke to Representative Laine on the issue. Kelzenberg stated that he was offended that Councilmember Nawrocki would try and circumvent the Council's majority vote and he asked the City Attorney if this violated any rule. Hoeft stated that unless the Councilmember was given authority that he was not aware of, it should not have been done. Fehst indicated that during the discussion it was clearly stated that council members had the right as a citizen to send a letter if they wished. Nawrocki stated that it was ludicrous that he could not represent his opinion as a councilmember on letterhead and gave no apologies for expressing his opinion. Fehst stated that the code violated was City Council MinaCes April 23, ?007 Page 13 of 14 that of your peers. Nawrocki stated that he was wrong. Peterson requested the City Attorney look at this. This seems wrong. If there is such a thing as council censor of Mr. Nawrocki, he would pursue that action and take a vote on it. Peterson stated he was also personally offended by this action. He stated that Diehm had made the motion and reiterated it several times. Diehm stated 'her disappointment, because she likens council as being a member of a team. `w e do not always get our own way and some times as a body we vote in a way that you do not personally agree with. However, we have taken an oath to be part of the team and to do what we can for the betterment of the city. She indicated that more important than her personal view is for the body to show a united front to our legislators. The reason for this particular motion, that Council adopted, was to move forward with a united voice and if anyone had a descending view they would represent that as a citizen and not on behalf of the City of Columbia Heights. Nawrocki stated that when checking that, the City Attorney should check the City Manager's accusation against him that he has done something wrong and was going to the State Auditor. Peterson stated that was not the current discussion. The City Attorney stated he had nothing to report. Nawrocki indicated he was talking about it (State Auditor}. Nawrocki requested also be brought up: the Mayor's threat against hiin, the relationship between Williams and Nedegaard, and that our City Attorney represented the Sarna people in the give away of the land at 40`x' and University. Peterson called for a five minute recess. Peterson reconvened the meeting. Fehst reported that the Wednesday cut off of the council meeting replay was a programming bump by the Mayor's report. We used to have a full time employee to do this. Now we do it and mistakes happen. He encouraged residents to call if they see problems. Diehm suggested listing replay times at the council meeting. Fehst stated that could be report at each meeting. Nawrocki began to report items he considered unfinished for the City Manager's report. Peterson stated that most of these items have been brought up in the past and should be addressed directly to the City Manager. When he reports at a meeting, it should be new items he reports on. Nawrocki indicated that questions to the Manager are for openness in govermnent. Diehm suggested that as council packets are received on Fridays to prepare for the weekend, it would be fair to submit our questions to the City Manager and attorney by the Friday before if we expect them to answer at the meeting. Nawrocki stated these are things that were asked at previous meetings and not reported on. Nawrocki requested recycling revenue received from. contractor. Fehst stated that information was submitted. Nawrocki stated that the information was only for one year, and he requested past years for comparison to see if revenues are keeping up with increases in prices. He also asked about 4241.-4255, 4301 3'~d Street building fronts, and that he only received soiree pictures from the Building Official indicating they meet code. Fehst stated the answer is that it does meet city code. Nawrocki stated that we should look to change the code to improve things in the community. The pictures show there is raotn for improvement. Peterson stated that the question was answered. Fehst explained the type of City Council Minutes April 23, 2007 Page 14 of 14 waod used. Discussion escalated. Peterson indicated that the meeting had degenerated to the point he would eliminate Council Corner. Peterson requested everyone show their appreciation to our armed forces for the work they do far us. ADJOURNMENT Mayor Peterson adjourned the meeting at 9:40 p.m. --~,, _ r ~ , -` Patricia Muscovitz CMC Deputy City Clerk/Council Secretary