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HomeMy WebLinkAboutMarch 10, 2008OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MARCH 10, 2008 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, March 10, 2008 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. Appf-oved Resolutions and Or-dinances may be found at the end of this document. CALL TO ORDER/ROLL CALL/INVOCATION Lorraine Mel, Immaculate Conception Catholic Church gave the invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Diehm, Councilmember Kelzenberg Absent: Councilmember Nawrocki PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Peterson stated there is a revision to Resolution 2008-46. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS AND GUESTS A. Proclamation -Tibet Day -March 10, 2008 The Mayor read the proclamation declaring this day as Tibet Day, 2008. Peterson presented the proclamation to SEIU Health Care MN Executive Vice President Jigme Ugen. Ugen stated that similar proclamations were passed in Minneapolis and St. Paul. He gave the history of their country and the current genocide taking place in Tibet. Peterson announced the Recreation Department spring break activities and encouraged people to sign up. An Easter Egg Hunt will also be held at Murzyn Hall. CONSENT AGENDA City Manager Walt Fehst took Council members through the Consent Agenda items: A. Approve minutes of the Februar~25, 2008 Columbia Hei hg_ts Cif Council meeting. Motion to approve the minutes of the February 25, 2008 Columbia Heights City Council meeting. B. Approve minutes of the March 3 2008 Special Columbia Hei htg s City Council meeting. Motion to approve the minutes of the March 3, 2008 Special Columbia Heights City Council meeting. C. Accept Board and Commission meeting~minutes. Motion to accept the minutes of the March 5, 2008 Planning and Zoning Commission. D. Approve reappointment of Board and Commission members with expiring terms and Appoint Gerald Herringer to the Economic Development Authority. Motion to re-appoint Lynette Thomson to the Library Board for a three year term; Marlaine Szurek and David Thompson to the Planning and Zoning Commission for four year teens; Richard Anderson to the Traffic Commission for a four year teen; Bob Buboltz, Dan Swee, City Council Minutes Monday, March 10, 2008 Page 2 of 18 Bradley Peterson and Kenneth Henke to the Telecommunications Commission for two year terms; and Gerald Foss and Stan Hoium for five year terms and David Payne and Kevin McDonald for two year terms to the Park and Recreation Commission effective April 1, 2008. Motion to appoint Gerald Herringer to the unexpired Economic Development Authority term to expire January 8, 2012. E. Adopt Resolution 2008-43, for 2008, 2009, and 2010 Salary and Fringe Benefit Adjustment for Non-Union Supervisor~ployees. Fehst stated the next items are four wage settlements with employees and the City Manager. Linda Magee, Assistant to the City Manager and Human Resources Director, explained the salary and benefit adjusts and the yearly review of positions. This is consistent with direction from the executive session held with the City Council at the end of last year. Fehst indicated that Councilmember Nawrocki asked him to convey his concerns and his request that the wage items be removed from this agenda. Fehst indicated that these items should have been completed by the first of the year and are within the parameters set by Council, so he requested the items go forward. Peterson asked if there was a motion to remove the wage items from the agenda. No motion was received. Motion to waive the reading of the resolution, there being ample copies available to the public. Motion to adopt Resolution 2008-43, adopting changes in non-union group salary ranges, and establishing salaries and changes in fringe benefits for non-unionized supervisory city positions for calendar years 2008, 2009, and 2010. F. Adopt Resolution 2008-44 for 2008 2009 and 2010 Salary and Fringe Benefit Adjustment for Non-Union Essential and Confidential Employ Motion to waive the reading of the resolution, there being ample copies available to the public. Motion to adopt Resolution 2008-44, adopting changes in non-union group salary ranges, and establishing salaries and changes in fringe benefits for non-unionized essential and confidential city positions for calendar years 2008, 2009, and 2010. G. Adopt Resolution No. 2008-48 re a~ rdina the Memorandum of Understandingiwith the Public Managers' Association. Motion to waive the reading of the resolution., there being ample copies available to the public. Motion to adopt Resolution 2008-48 regarding the Memorandum of Understanding between the City of Columbia Heights and the Public Managers' Association, effective January 1, 2008 - December 31, 2010. H. Adopt Resolution 2008-49, beinga Resolution re ag rding the City Manager's Compensation. Motion to waive the reading of Resolution 2008-49, there being ample copies available to the public. Motion to adopt Resolution 2008-49, being a resolution regarding the City Manager's compensation. City Council Minutes Monday. March 10, 2008 Page 3 of 18 I. Adopt Resolution 2008-51 being a Resolution declaring the Intent to Bond for a Public Safet Building Fehst indicated that the proposed cost of a new safety facility would be under $10 million. This resolution is to declare the intend to bond. The ordinance to sell bands will be presented at the next meeting. Three TIF districts are closing and funds would be available to place back on the tax rolls. Use of these funds would reduce the tax cost to residents of a facility by one-half. The cost to homeowners of an average home would be about $45 dollars. Fehst stated that the current facility is 2,500 square feet with 40 people working in that space. We are way past due in building this facility. An architect's contract and construction manager approval will soon be presented to Council. Motion to waive the reading of Resolution 2008-51, there being ample copies available to the public. Motion to adopt Resolution 2008-51, being a resolution approving the declaration for the official intent of the City of Columbia Heights to bond for expenses related to the construction of a public safety building. J. Authorization to seek bids for 2008 site landscaping for Municipal Liquor Stores and Huset Parkway Roundabout Fehst stated that bidding these items together would save money. Motion to authorize the advertisement of public bids for 2008 Site Landscaping for Municipal Liquor Stores (2) and Huset Parkway Roundabout. K. Adopt Resolution No. 2008-50 supporting application for a cost sharing agreement(s) for the replacement of the pedestrian bride and a pedestrian/bikeway mobility plan. Fehst stated that this application is for the bridge at 49th and Central. Federal and State fund applications have also been made. Senator Chaudhary and Representative Laine will present a legislative bill to assist with this process. Motion to waive the reading of Resolution No. 2008-50, there being ample copies available to the public. Motion to adopt Resolution No. 2008-50 supporting request for infrastructure funding through the NNTP Grant Program for the construction of a pedestrian bridge over Central Avenue (TH65) at 49th Avenue. L. Approval of Professional Services Agreement with Kimley Horn for Professional Services for the turn lane design at 50th and Central Avenue. Fehst explained the need for a turning lane at this location. Motion to approve the Professional Services Agreement with Kimley Horn and Associates for engineering consultant services for the signal report, preliminary and final design and construction plans and bidding for the turn lane at 50th and Central Avenues in an amount not- to-exceed $32,000. M. Approve Landing of Minnesota National Guard Helicopter on 3/27/08 at Highland Elementary School and on 6/11/08 at Huset Park. City Council Minutes Monday, March 10, 2008 Page 4 of 18 Motion to approve the landing and take-off of a Minnesota Air National Guard helicopter during Safety Camp at Huset Park on Wednesday, June 11, 2008 from 1-2 p.m. and at Highland Elementary School, 1500 49th Avenue on Thursday, March 27, 2008 from 10:00 -11:00 a.m. N. Installation of stop signs at the intersections of Tyler Street and Polk Street at 39th Avenue. Fehst stated that the accident report justifies the request for two stop signs on 39`h Motion to approve the installation of stop signs on Tyler Street and Polk Street at 39th Avenue based on a recommendation of the Traffic Commission. O. Award of 2008-2009 Tree Removal Program Fehst stated that the local operator requested to be included in this process did not bid. Motion to award the 2008-2009 Removal of Trees and Stumps, Trees Only or Stumps Only on Public and Private Property Contract to Bluemel's Tree and Landscape, Inc. of Hudson, Wisconsin, based upon their low, qualified, responsible total bid for tree and stump removal, tree removal only, or stump removal only; and furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. P. Approve Business License Applications Motion to approve the items as listed on the business license agenda for March 10, 2008 as presented. Q. Approve payment of the bills Motion to approve payment of the bills out of the proper fund as listed in the attached check register covering Check Number 124919 through Check Number 125103 in the amount of $939,857.73. Williams indicated that Lara Homa sent Council members a message suggesting passage of the stop sign request. Motion by Diehm, second by Williams, to approve the Consent Agenda items. Upon vote: All ayes. Motion Earraefl~ ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1. Approval of a Conditional Use Permit for outdoor sales/displav at 3939 Central Avenue. Jeff Sargent, City Planner, stated this is a request is to add a garden center to the new Frattalone Ace Hardware store. They currently have a store in Columbia Heights and wish to relocate within Columbia Heights. Sargent showed plans for the proposed outdoor center. Fehst questioned where the entrance to the garden center would be. Sargent explained. the entrances to the facility. Sargent stated that this store would not require on street parking and the parking lot will have 32 snore spaces than required by City Code. Williams commended the Design Team and the builder on this design. Peterson stated that the site would require 125 pilings because of the unstable soil. Ace Hardware is a good operation and we look forward to this project. City Council Minutes Monday, March 10, 2008 Page 5 of 18 Motion by Diehm, second by Kelzenberg, to close the public hearing and waive the reading of Resolution 2008-52, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2008-52, approving a Conditional Use Permit far an outdoor sales/display establishment located at 3939 Central Avenue, subject to the conditions outlined in Resolution No. 2008-52. Upon vote: All ayes. Motion carried. 2. Approval of a Conditional Use Permit and Lot Split for a twin home at 3807-3809 Pierce Street Sargent stated there are two land requests; a lot split and a Conditional Use Permit (CUP) to allow a twin home. The property would change from owner/rental property to a two owner split property. The owner has requested a hardship deferral of the $3,900 park dedication fee. Fehst stated that the park dedication fee is determined by land value. Mr. Aron Diela, 1335 Buchanan Place, stated that he would like to remove the rental status on this property and make it owner occupied. He questioned the need for park dedication on an existing home. He also questioned the value of the lot at $80,000. He stated that comparable properties are valued at $50,000. Peterson stated that the housing market is down. The other lot referenced has inherent soil problems and would be very expensive to build on. Peterson stated that he owns a double lot in town and also realizes the market value question, but it is affecting everyone. If the park dedication fee changed, it would have to be changed by policy to be fair to everyone. Peterson asked the City Attorney if it is correct that finances do not constitute a hardship. Jim Hoeft, City Attorney, stated they do not, but the question is whether this is an accurate valuation of the property, as the park dedication is determined on land value. If the owner showed acceptable documentation that the value was less than indicated, the amount could be reduced. Williams questioned the park dedication fees in the Huset Park area. Sargent indicated that they were negotiated to about $750 per unit with other concessions considered. Hoeft stated that this was negotiated including ponding areas, etc. Diehm stated the concern raised at the Planning and Zoning Commission (P&Z) meeting was required garage spaces. Our current ordinance was never changed in this regard. Dielun indicated the need to clarify garage spaces in our City Code. Sargent stated there has been ambiguity in this area and if there needs to be a change we can look into the rewording. Diehm stated that she was in favor of tabling this request and referred to a past request for a twin home on Tyler Street. Merna Nyrnabay, 3010 Innsbrook Drive, indicated that she was the realtor for the second unit on the Tyler property. Peterson asked if that property paid a Park Dedication fee. She stated that a second dwelling was added to that site and did pay the fee. Kelzenberg stated that the originally intent was to build a duplex, but it was changed to a twin home. Dielun stated her frustration that this was not addressed last year. Fehst asked Nyrnabay if there is a down side to this request. She stated no, as hoaneowners tend to take better care of their property and are more attached to the community. City Council Minutes Monday, March 10, 2008 Page 6 of 18 Fehst asked Sargent what was recommended and if this is typical of other cities. Sargent stated that park dedication fees are standard and used for park funds or for developments to build a park in their area. Fehst asked if there is value in that this would not add to the population. Sargent stated that the fee is eor~sidered to be enjoyment of the parks in the community. Diehm stated that the value of a lot split is to make two properties and they should be treated as two properties. Kelzenberg agreed that this should tabled to determine a policy that is right for everyone. Diehm indicated that the Park Dedication fee should be charged and could be refunded if the policy is change. We would also have to refund others in this position over the last twelve years. Nyrnabay indicated that to justify an $80,000 buildable lot, you would need a building of four times that value built on it. Peterson stated that the owner could have a land appraisal completed for review. Land is only worth what you get paid for it. Diehm stated that we have to rely on the County's evaluation, which is a snap shot in time, so everyone is treated the same. Hoeft stated that when the market is down people complain about the value, but people would not complain if the market were up. Peterson indicated that with the price of gas, the value of an inner city lot is increasing. Do we want to encourage owner occupied doubles? What happens if the house needs maintenance and one owner can not afford it? This should require specifics in a covenant. Peterson stated that he could not support waiving the Park Dedication. fee because we have not done so in the past. Kelzenberg stated that by our current ordinance this lot split would this be acceptable. Sargent stated that the P&Z could consider modifying the garage requirement. Diela stated that he has received three calls requesting information on lot splits. Peterson stated there is merit to owner occupied properties. Deb Johnson, 4626 Pierce Street, stated that there could still be an investor buying the second property to rent it. Donna Schmidt, 4260 Tyler, stated that she is on the P&Z and voted against this request, mainly because of the garage space. The wording, with a comma, states the intent is that each unit must have atwo-car garage. The last lot split on Reservoir Avenue was required to have four garage spaces, but they faced the back of the house. It would be nice to have owner occupied homes, but selling it to them. does not mean they will not be rented. Schmidt questioned when the property was purchased. The owner stated he purchased the property in October. Schmidt indicated that the market risk was known at that time. Williams asked the attorney if there could be a stipulation that the homes be owner occupied. Hoeft stated that could be looked at in the future, but you would have to address how it would be enforced. It would not be cost effective to enforce. Kelzenberg stated that Habitat for Humanity has afive-year no sell clause. Hoeft stated that is a policy issue for another day. Williams asked, as the ordinance reads now, do we have an option? Hoeft stated that staff's interpretation is that the request fits the ordinance. If the Council decided that they did not agree with the interpretation, staff could be directed to review the request. Diehtn agreed that the garage issue was controversial, as our code requires atwo-car garage. She Ciry Council Minutes Monday, March 10, 2008 Page 7 of 18 was told that every unit required atwo-car garage. As they have to put the required wall in place, they are making the building two units. She again indicated disappointment that this was not addressed prior to this. Williams asked again if this is legal by our code. Hoeft stated it is by interpretation of the code. Peterson felt that Council could not stop this request, but could look at this for the future. We do not have to adhere to waiving the park dedication fee. Peterson indicated that he felt Councilmember Nawrocki would also not agree to waive the fee. Peterson requested a motion to move ahead on this request and suggested bringing forward a moratorium on future requests until this is reviewed. Kelzenberg stated he would like this discussed before acting on this request. Diehm stated that as advised by staff as staff interpretation, aizd is what was done for the last request, she is comfortable with approving this and that we then clarify our code. Peterson stated that it may become a moot point if this does not go forward because of the park dedication fee variance denial. Motion by Diehm, second by Kelzenberg to waive the reading of Resolution 2008-53, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2008-53, approving a Minor Subdivision of the property at 3807-3809 Pierce Street, subject to the conditions outlined in Resolution No. 2008-53. Schmidt stated that she is not always against splitting lots, but a two bedroom home would probably have more than one driver living there. Diehm suggested a joint meeting with the PAZ to discuss this. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution 2008-54, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2008-54, approving a Conditional Use Permit for a twin home use at the property located at 3807-3809 Pierce Street, subject to the conditions outlined in Resolution No. 2008-54. Upon vote: All ayes. Motion carried. Sargent questioned leaving in the second condition on the Resolution regarding consideration of the Park Dedication fee. Hoeft stated that the fee would be approved per the ordinance. Fehst suggested moving forward in the agenda to address the Sullivan Shores item, as there are many residents present for this item. 1st Reading: Ordinance 1539 Establishing Sullivan. Shores Housing Improvement Area Scott Clark, Cornmtmity Development Director, gave the background of past discussions with the Sullivan Shores homeowners. The owners approached us in October of 2007 after checking for bank financing to repair their units. Financial institutions do not wish to underwrite the repair City Council Minutes Monday, March 10, 2008 Page 8 of 18 of 65 individual units. They request we create a housing unit so improvements could be bonded and paid by special assessment. The State strictly mandates this process. This is the first reading of the ordinance to approve the housing improvement area. The second reading would approve the process. Clark indicated that this process began with a petition. 25 percent of the units must provide a request petition. We received a petition from 60 of the 65 units or about 92 percent. The rehab work would be about $39,000, with $3,000 to $4,000 in the additional costs. The first step is the housing area approval. This would allow the fee structure, which would again appear on the March 24 City Council meeting to estimate the assessment and draw downs, the ability for prepayment, and ordering the bond sale to occur. The State has set this lengthy process allowing citizens the opportunity to veto the action if 35 percent of those involved were to petition the city. Clark indicated repayment obligations by the housing residents. All properties are current and 61 of the 65 owners have significant equity in their homes. There has been significant water damage to these homes and other required repairs. Work would begin around mid-June. Williams stated his admiration that this group has come together to accomplish this to improve their properties. He referred to currently approve park improvements in this area. Hansen stated that $305,000 in park improvements are scheduled for this area. Motion by Williams, second by Kelzenberg, to waive the reading of Ordinance No. 1.539, there being an ample amount of copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to set the Second Reading of Ordinance No. 1539, for Monday, March 24, 2008, at approximately 7:00 p.m. in the City Council Chambers. Upon vote: All ayes. Motion carried. B. Bid Considerations -none C. Other Business -none PUBLIC HEARINGS A. 2nd Reading: Ordinance 1537, Zonir~~ Amendment to create the_P~able and Open Space District Sargent stated this is the second reading for establislunent of a new public and open space district. The land around Hart Lake was added and two properties at Edgemoor Park were clarified in the first reading of the ordinance. Peterson asked if there would be a walking trail around Hart Lake. Hansen stated it would have to go outside of that area. Motion by Williams, second by Kelzenberg, to waive the reading of Ordinance No. 1537, being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion Kelzenberg, second by Williams, to adopt Ordinance No. 1537, being an ordinance amending Ordinance No. 1490 City Code of 2005, adopting the proposed zoning amendments outlined in Ordinance 1537. Upon vote: All ayes. Motion carried. B. 1st Reading: Ordinance 1536 Zoning amendment as it relates to Temporary Signage Sargent stated on May 29, 2007 the City Council approved an ordinance for temporary signage, limiting usage and length of time viewed. A sunset clause was included to be sure this was fair to City Council Minutes Monday, March 10, 2008 Page 9 of 18 all business owners. This ordinance was presented to the P&Z and tabled for one meeting allowing business owners longer to be aware of the proposal. The P&Z did recommend approval of this ordinance. A change from the original ordinance includes limits on the temporary signs for shopping centers. Williams questioned if there was any contact received from the original group of business owners that worked with staff on these recommendations. Sargent stated that the group led by Jeff Bahe, was active in the adoption of Ordinance 1523. Mr. Bahe was contacted during this process and he requested additional time to inform other business owners. The group was not present at the P&Z's second reading. Motion by Diehm, second by Kelzenberg, to waive the reading of Ordinance No. 1536, being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to set the second reading of Ordinance No. 1536, for Monday, March 24, 2008, at approximately 7:00 p.m. in the City Council Chambers. Upon vote: All ayes. Motion carried. C. Adopt Ordinance No. 1538, being an Ordinance relatn~_to_surface drainage connection and discharge inspection incentive. Kevin Hansen, Public Works Director, stated this request was to amend a prior ordinance to set reimbursement by resolution. That ordinance had a sunset date of December 2006. Our current resolution takes us through 2008. Motion by Diehm, second by Kelzenberg, to waive the reading of Ordinance No. 1538, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Ordinance No. 1538, being an Ordinance amending Ordinance No. 1490, City Code of 2005 relating to surface drainage connection and discharge inspection incentive. Williams stated that this is one of the best programs we have implemented for our city. Hansen referred to the positive benefits of the program. Upon vote: All ayes. Motion carried. D. 1st Reading: Ordinance 1539 Establishing Sullivan Shores Housing Improvement Area Discussed earlier in the agenda. E. Adopt Resolution 2008-47, 600 51st Avenue N.E. bein~_a_Resolution of the City Council of the City of Columbia Heights approving rental license revocaton_for failure to meet the requirements of the Residential Maintenance Codes. Fire Chief Gary Gorman indicated the revocation request is for outside storage around the property. Some items are frozen to the ground and would need to be removed at a later date. Gorman requested that Resolution 2008-47 be tabled. Motion by Kelzenberg, second by Williams to table Resolution 2008-47 until March 24, 200$. Upon vote: All Ayes. Motion carried. City Council Minutes Monday, March 10, 2008 Page 10 of 18 F. Adopt Resolution. 2008-46, 4800 4th Street N.E. being a declaration of nuisance and abatement of violations within the City of Columbia Hei ts. Gorman stated that this property is vacant and the rental license has been revoked. This is to abate aril repair the property. Motion to close the public hearing and to waive the reading of Resolution Numbers 2008-46 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion: by Williams, second by Kelzenberg to Move to adopt Resolution Number 2008-46, being a resolution of the City Council of the City of Columbia Heights declaring the property listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. ADMINISTRATIVE REPORTS Report of the City Manager • There will be a ribbon cutting ceremony at our new 50`h and Central Avenue Liquor Store on Thursday, March 13, at 9:30 a.m. There will also be a grand opening in about three to four weeks. Police and Fire Public Safety facility - at Council request to renegotiate the architect's fee, which was originally 8.5 percent, the fee been renegotiated to 6.5 percent including all fees for architecture, HVAC, plumbing, etc. Commended the Mayor for working with staff to interview construction managers this week. Gave the background of the proposed construction manager and listed buildings he was involved in. We wish we would have had this gentleman when we built our two new liquor stores. Williams commended Fehst for the cost savings this will be. Fehst stated this construction manager will be about $200,000 to $300,000 less than the other firms interviewed. The typical fee fora $ I O million building might be eight and one-half to ten percent. You would save, above the difference of the architects fees, about $150,000 to $200,000 and two or three points because you are using a construction manager. Over all, you could save $700,000 to $800,000. We are starting ahead of the game and we feel good about it. Williams stated that this could easily save several years of the Mayor's and City Manager's salaries. Fehst suggested putting the Mayor's salary back to what it was twenty years ago, before it was dropped. It has not been increased since then. It is up to the Council, but there is no doubt that the Mayor is putting in a lot of time on City business. Kelzenberg requested to place this item on a work session for discussion. Report of the City Attorney -nothing to report. CITIZENS FORUM -none COUNCIL CORNER Kelzenberg • Read a police department item from the Green Sheet. Stated it was a job well done. Williams City Council Minutes Monday, March 10, 2008 Page 11 of 18 • Wanted to give Councilmember Kelzenberg a send off from the post office at the last meeting, but there was not time to do so. Recommended reading the article on Kelzenberg in the Northeaster newspaper. • Have not heard anything negative about the proposed police and fire safety building. We have a great staff, but our building is very obsolete. • Gave the Fire Department thanks, as a water sprinkler in their store broke and they responded quickly to turn off the water. We receive a lower insurance rate because of our Fire Department. Diehm March is MN Food Share month. Thanked SACCA for the hard work they do. Peterson • Exciting time in Columbia Heights. Excited to work with Fehst and the group to select a construct manager and to be working with the School District on a new gym. • These things will have a big impact on Columbia Heights. We are moving in the right direction. If you do not keep moving forward, you can slide back quick. • New Police Officer started today. He has served two tours in Iraq. • Remember our military personnel. Show them our appreciation. • Don't take ourselves too seriously and do a random act of kindness. • Happy Easter. ADJOURNMENT Mayor Peterson adjourned the meeting at 9:10 p.m. ___..- J,.." ~3 f ~ t 4 _ . a Patricia Muscovitz CMC r-~- __ City Clerk/Council Secretary ~- RESOLUTION 2008-43 ADOPTING CHANGES IN NON-UNION SUPERVISORY SALARY RANGES, ESTABLISHING SALARIES FOR NON- UNIONIZED SUPERVISORY POSITIONS, AND CHANGES IN FRINGE BENEFITS WHEREAS, the City of Columbia Heights adopted a Wage Compensation Program for Non-Unionized City Employees effective January 1, 1980 (Resolution 80-47), which indicated that on an annual basis changes will be adopted in Group Salary Ranges based upon reliable survey data; and, WHEREAS, the City of Columbia Heights adopted a Comparable Worth Implementation Plan effective January 1, 1988 (Resolution 88-50), to assure comparable compensation for positions with comparable skill, efforts, responsibilities, and work conditions, and proportional compensation for positions where such factors are different; and, WHEREAS, the City of Columbia Heights annually reviews the Employer's share for various insurance programs for its non-unionized supervisory employees to compare what is paid for other employee groups in the City; NOW, THEREFORE, BE IT RESOLVED that the City of Columbia Heights establishes salary ranges and fringe benefits for non-unionized supervisory City positions, as indicated on Schedule A which is on file in the office of the City Manager and is attached, for calendar years 2008, 2009, and 2010; and BE IT FURTHER RESOLVED that movement through the salary range is contingent upon satisfactory performance of the employee. City Council Minutes Monday, March 10, 2008 Page 12 of 18 RESOLUTION 2008-44 ADOPTING CHANGES INNON-UNION ESSENTIAL AND CONFIDENTIAL SALARY RANGES, ESTABLISHING SALARIES FOR NON-UNIONIZED ESSENTIAL AND CONFIDENTIAL POSITIONS, AND CHANGES IN FRINGE BENEFITS WHEREAS, the City of Columbia Heights adopted a Wage Compensation Program for Non-Unionized City Employees effective January 1, 1980 (Resolution 80-47), which indicated that on an annual basis changes will be adopted in Group Salary Ranges based upon reliable survey data; and, WHEREAS, the City of Columbia Heights adopted a Comparable Worth Implementation Plan effective January 1, 1988 (Resolution 88-50}, to assure comparable compensation for positions with comparable skill, efforts, responsibilities, and work conditions, and proportional compensation for positions where such factors are different; and, WHEREAS, the City of Columbia Heights annually reviews the Employer's share for various insurance programs for its non-unionized essential and confidential employees to compare what is paid for other employee groups in the City; NOW, THEREFORE, BE IT RESOLVED, that the City of Columbia Heights establishes salary ranges and fringe benefits for non-unionized essential and confidential City positions, as indicated on Schedule B which is on file in the office of the City Manager and is attached, for calendar years 2008, 2009, and 2010; and BE IT FURTHER RESOLVED that movement through the salary range is contingent upon satisfactory performance of the employee. RESOLUTION 2008-48 BEING A RESOLUTION REGARDING MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF COLUMBIA HEIGHTS AND THE PUBLIC MANAGERS' ASSOCIATION BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights that: WHEREAS, negotiations have proceeded between the Public Managers' Association, representing Division Heads of the City, and members of the City negotiating team, and said negotiations have resulted in a mutually acceptable Memorandum of Understanding for calendar years 2008, 2009, and 2010; WHEREAS, a copy of said Memorandum of Understanding will be made available for inspection at the Office of the City Manager and is made a part hereof by reference. NOW, THEREFORE, BE IT RESOLVED, that the Memorandum of Understanding as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 2008, 2009, and 2010 for the Public Managers' Association bargaining unit employees of the City. BE IT FURTHER RESOLVED that the Mayor and City Manager are hereby authorized to execute this agreement. RESOLUTION NO.2008-49 RESOLUTION REGARDING THE CITY MANAGER'S COMPENSATION WHEREAS, in previous years, the City Manager has received an adjustment in compensation consistent with that given to the management employees. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Columbia Heights does hereby make the following modification to the City Manager's compensation, consistent with pay adjustments granted other management employees: Effective January 1, 2008: 3% pay adjustment Effective January 1, 2009: 3.5% pay adjustment Effective January 1, 2010: 3% pay adjustment Effective January 1, 2008: $665 per month Employer contribution to insurances Effective January 1, 2009: $705 per month Employer contribution to insurances Effective January 1, 2010: $'745 per month Employer contribution to insurances City Council Minutes Monday, March 10, 2008 Page 13 of 18 RESOLUTION NO. 2008-51 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 bonds used to reimburse prior expenditures will 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 the construction of a public safety building 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 $12,000,000. 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. RESOLUTION N0.2008-50 BEING A RESOLUTION REQUESTING CONSIDERATION OF INFRASTRUCTURE FUNDING THROUGH THE NON- MOTORIZED TRANSPORTATION PILOT PROGRAM FOR THE CONSTRUCTION OF A PEDESTRIAN BRIDGE OVER CENTRAL AVENUE (T.H. 65) WHEREAS, the City of Columbia Heights desires to reconstruct the pedestrian bridge over T.H. 65, at 49`h Avenue NE; WHEREAS, the improvements will benefit both the City of Columbia Heights, surrounding communities and the Minnesota Department of Transportation; and WHEREAS, the City of Columbia Heights is committed to securing other federal, state, and local funding if the project is selected by Transit for Livable Communities as part of the Non-Motorized Transportation Pilot Program. NOW THEREFORE BE IT RESOLVED by the City Council of the Ciry of Columbia Heights that the City shall be responsible for the preliminary engineering, project design, and permitting functions of said improvements; and BE IT FURTHER RESOLVED that the construction costs of the improvements not federally funded be shared between the Non- Motorized Transportation Program and the City of Columbia Heights. RESOLUTION N0.2008-52 RESOLUTION APPROVII`IG A CONDITIONAL LTSE PER1~l~IIT FOR TOM FR?TTALONE WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2008-0302} has been submitted by Tom Frattallone to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 3939 Central Avenue. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.110 (F)(3)(d}, to allow outdoor sales/display. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on March 5, 2008; 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. City Council Minutes Monday, March 10, 2008 Page 14 of 18 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) calendars ear after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: The outdoor sales/display use shall be accessory to a commercial use. All outdoor sales/display areas shall meet the setback requirements for a principal structure in the zoning district in which it is located. Outdoor sales/display areas within the public right-of--way are prohibited. All goods shall be displayed in a designated area that is hard surfaced. All goods shall be displayed in an orderly fashion, with access aisles provided as needed. Music or amplified sounds shall not be audible from adjacent residential properties. RESOLUTION N0.2008-53 RESOLUTION APPROVING A MINOR SUBDIVISION WITH CERTAIN CONDITIONS FOR AREN DELA WHEREAS, a proposal (Case No. 2008-0303) has been submitted by Aren Dela to the City Council requesting a subdivision from the City of Columbia Heights Subdivision Code at the following site: ADDRESS: 3807-3809 Pierce 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 5, 2008. 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 cf 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 applications materials, maps, drawings and descriptive infornation submitted with this application shall become part of the permit. 2. The Planning Commission requests the City Council to look at the possibility of modifying the Park Dedication fee of $3,900 per the request of the applicant. The amount decided on by the City Council is due at the time of final approval by the City Council. City Council Minutes Monday, March 10, 2008 Page 15 of 18 RESOLUTION N0.2008-54 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR AREN DELA WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2008-0303) has been submitted by Aren Dela to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 3807-3809 Pierce 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) for a twin home. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on March 5, 2008; 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 anal 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 (I) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: i. Ali application materials, traps, dru~vings and descriptive information submitted with this application shall become part of the permit. 2. The shared party wall shall have not less than aone-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. ORDINANCE NO. 1537 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO THE PUBLIC AND OPEN SPACE ZONING DISTRICT IN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.114 of the Columbia Heights City Code, is thereby amended to read as follows: §9.114 PUBLIC AND OPEN SPACE DISTRICT (A) Purpose. The "P" Public and Open Space District is intended to provide a district which will allow areas of the City to be retained and utilized for, non-local jurisdiction public uses, open space, and provide a "holding" zone for future development to ensure that development will be staged to maintain reasonable economy in public expenditures for public utilities and services. (B) General provisions. City Council Minutes Monday, March 10, 2008 Page 16 of 18 (1) Compliance with applicable regulations. Any use established in a public district after the effective date of this article shall comply with all. applicable local, state and federal standards for such uses. (2) Administration. The administration and enforcement of this article shall be in accordance with the provisions of §9.104, Administration and Enforcement. (3} Nonconformities. Nonconforming uses, structures, lots and signs within a public district shall be subject to the provisions of §9.105, Nonconformities. (4) Compliance with general development standards. Any use established, expanded or modified in a public district after the effective date of this article shall comply with the applicable provisions of §9.106, General Provisions. (5) Compliance with specific development standards. Any use established, expanded or modified in a public district after the effective date of this article that is identified in §9.107, Specific Development Standards, shall comply with the applicable provisions of that article. (6) Prohibited uses. Any use not listed as either permitted, conditional or accessory in a particular district or any use not determined by the Zoning Administrator to be substantially similar to a use listed as permitted, conditional or accessory shall be prohibited in that district. (C) Lot dimension, height, and bulk ret~uirements. Lot area, setback, height and lot coverage requirements for uses in the public district shall be as specified in the following table: All Uses None Building Setbacks Front Yard 25 feet Side Yard 5 feet Corner Side Yard 10 feet Rear Yard 20% of lot rking Setbacks Front Yard 5 feet Side Yard 3 feet Corner Side Yard 3 feet Rear Yard 3 feet Maximum Hei ht All structures None Floor Area Ratio 1.0 (D) Pubic and Open Space District. (1) Per~zzitted Uses. Except as specifically limited herein, the following uses are permitted within the P, Public and Open Space District: (a) County, Regional and City parks. (b) Playgrounds, athletic fields, recreational areas, and parking areas. (c) Cemeteries. (d) Publicly owned and operated facilities. (e) Essential services. (2) Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the P, Public and Open Spaces District, subject to regulations set forth for conditional uses in~~'9.104, Administration and Enforcement, and the regulations for specific uses set forth in §9.107, Specific Development Standards: (a) Public or semi-public recreational buildings and neighborhoods or community centers. (b) Non-city governmental and public regulated utility buildings and structures necessary for the health, safety and general welfare of the community. (3) Permitted accessory uses. Except as specifically limited herein, the following accessory uses may be allowed in the P, Public and Open Space District: (a) Operation and storage of such vehicles, equipment and machinery, which are incidental to the permitted or conditional uses allowed in this district. (b) Living quarters for persons employed on the premises. Minimum Lot Width City Council Minutes Monday, March 10, 2008 Page 17 of 18 (c) Recreational vehicles and equipment. Chapter 9, Article I, Section 9.104 (J)(6)(h) of the Columbia Heights City Code, §9.104 ADMINSTRATION AND ENFORCEMENT (J) Minor subdivisions (lot splits) (6) Required findings. The City Council shall make each of the following findings before approving a minor subdivision: (h) The proposed subdivision meets all of the design standards specified in thee' 9. L15. Chapter 9, Article I, Section 9.104 (K)(6)(a) of the Columbia Heights City Code, §9.104 ADMINSTRATION AND ENFORCEMENT §9.104 ADMINSTRATION AND ENFORCEMENT (K) Preliminary plats. (6) Required findings. The City Council shall make each of the following findings before approving a preliminary plat: (a) The proposed preliminary plat conforms to the requirements of X9.115. Chapter 9, Article 1, Section 9.104 (L}(6)(b) of the Columbia Heights City Code, §9.104 ADMINSTRATION AND ENFORCEMENT (L) Final plats (6) Regz~ired_findings. The City Council shall make each of the following findings before approving a final plat: (b) The final plat conforms to the requirements of §9.115. Chapter 9, Article I, Section 9.114 of the Columbia Heights City Code §9.115 SUBDIVISION REGULATIONS Chapter 9, Article I, Section 9.114 (C)(3)(b)(4) of the Columbia Heights City Code §9.114 SUBDIVISION REGULATIONS (C) Plats and data. (3) Final plat. The final plat shall be on sheets 20 inches wide by 30 inches long and shall be at a scale of 100 feet equals 1 inch or such other standard scale as approved by the City Engineer and in all other respects shall comply with Minnesota Statutes. Where necessary, plat or final plat may be on several sheets accompanied by a key map showing the entire subdivision. For large subdivisions, the final plat may be submitted for approval progressively in contiguous sections satisfactory to the City Council. (b) Additional plans to be submitted with the final plat include the following: 4. Final Street plans far requirements established in §9.115 (D}. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. ORDINANCE NO. 1538 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO SURFACE DRAINAGE CONNECTION AND DISCHARGE INSPECTION INCENTIVE The City of Columbia Heights does ordain: Chapter 8, Article I, Section 8.705 (C) of the Columbia Heights City Code, 8.705 Inspections: (C) Incentives -Property owner reimbursement and fees related to the program will be set by Resolution. Effective Date. This ordinance shall be in full force and effect from and after thirty days (30) after its passage. RESOLUTION 2008-46 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Antonio Manjarrez (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4800 4t~' Street 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 14, 2008 City Council Minutes Monday, March 10, 2008 Page 18 of 18 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 09, 2008 an inspection was conducted on the property listed above. Inspectors found twelve violations. A compliance order was sent via regular mail to the owner at the address. 2. That on February 14, 2008 inspectors re-inspected the property listed above. Inspectors noted that twelve violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on February 29, 2008 inspectors reinspected the property and found that twelve violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall repair the sill plate below the back door B. Shall provide steps/stairway approved by code in the rear of the house C. Shall replace damaged screen on storm door on rear doorway house D. Shall repair the wooden fence E. Shall cut down remove all scrub growth from the fence F. Shall install address numbers in the following location(s) G. Shall repair the downspout on the south side of the house H. Shall repair the roof where there is a large section of shingles missing I. Shall remove the dead tree (tree stump) J. Shall install a hand railing for the wooden steps/stairway to the parking area K. Shall repair the wooden railing on the south side L. Shall replace the missing siding on the west side 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4800 4`h Street 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 may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4800 4`h Street 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.