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HomeMy WebLinkAboutMarch 9, 2009OFFICIAL PROCEEDINGS CITY OFCOLUIVIBIA HEIGHTS CITY COUNCIL MEETING CH 9, 2009 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, March 09, 2009 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. Resola~tions mczy be fotend at the end of this docasment. CALL TO ORDER/ROLL CALL/INVOCATION Invocation by Associate Pastor Bob Lyons, Crest View Senior Communities Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Motion by Peterson, second by Williams, to add the SACA FoodShare Proclamation to the agenda. Upon vote: All ayes. Motion carried. Nawrocki requested to discuss under the Manager's report: budget reduction update, status of the liquor profit and loss, k-mart site, utilities rate increase and refuse contras±s. Peterson stated that such items should be submitted the previous week to be added to the agenda. Nawrocki stated that agendas nornlally have a place for old and new business. Diehm suggested that as these are not action items for the City Council tonight, the City Manager give an update and place them on the agenda for the next meeting. Peterson suggested members speak to staff prior to the meeting, allowing them time to prepare the requested information. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Reco nig tion Crest View Senior Communities -recipient of the Living Our Mission Award Present were Executive Director Shirley Barnes, Director of Spiritual Care Pastor Bob Lyons, and Director of Nursing Kristy Remme. Barnes stated that in February Crest View received the Living our Mission Award at the Aging Services of Minnesota Institute. She thanked everyone for their cooperation. Crest View has provided these services since 1982. Peterson indicated the City's appreciation for the work they do in our community. SACA -FoodShare Month Peterson read the Proclamation far SACA declaring March as Minnesota FoodShare month. Peterson stressed the need to help others in our community. CONSENT AGENDA A. Approve minutes of the Columbia Hei htg s City Council meetings Motion to approve the minutes of the February 23, 2009 City Council meeting Motion to approve the minutes of the March 2, 2009 Alley Reconstruction Improvement Hearing Motion to approve the minutes of the March 2, 2009 Seal Coat hnprovement Hearing Motion to apprave the minutes of the March 2, 2009 Street Rehabilitation Improvement Hearing B. Accept the minutes of the Columbia Heights Boards and Commissions Motion to accept the January 27, 2009 minutes of the EDA Motion to accept the February 9, 2009 special minutes of the EDA City Council meeting minutes March 9, 2009 Page 2 of 13 Motion to accept the March 3, 2009 minutes of the Planning and Zoning Commission Motion to accept the February 3, 2009 minutes of the Library Board C. Approve Gambling Permit, Immaculate Conception Church, March 29, 2009 Motion to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a gambling permit for Immaculate Conception Church to conduct bingo and raffles at an event being held Sunday, March 29, 2009, at 4030 Jackson Street NE, Columbia Heights; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing body. D. Approve implication for Three Dimensional Public Artwork Piece to be placed at the new gYm sites. Fehst stated that the school district and city would raise one-half of the required funds and the other one-half would come from a grant. Nawrocki stated that we need to know where the money would come from. Motion to approve that the committee move forward with the Creative Intersections Grant application that would award up to $8,000 and that the City of Columbia Heights will consider matching the funds up to $4,000. E. Establish a Public Hearing to Consider Alle~Lightin~ Motion to establish Monday, April 13, 2009 at 7:00 p.m. as a Public Hearing for consideration of alley lighting between 5235 and 5241 6th Street. F. Adopt Resolution No. 2009-33 approving-plans and specifications and ordering advertisement for bids for the 2009 Street Rehabilitation and Alley Reconstruction Project. Motion to waive the reading of Resolution No. 2009-33, there being ample copies available to the public. Motion to adopt Resolution No. 2009-33 approving Plans and Specifications and ordering Advertisement for Bids for 2009 Street Rehabilitation and Alley Reconstruction Projects, Zone 4, City Project Number 0902. G. Adopt Resolution 2009-34 being; a Resolution declaring the intent to bond for Zone 4 Street Rehabilitation and Alley Reconstruction projects, City Project 0902 Motion to waive the reading of Resolution No. 2009-34, there being ample copies available to the public. Motion to adopt Resolution No. 2009-34, being a resolution approving the declaration for the official intent of the City of Columbia Heights to Bond for Zone 4 Street Rehabilitation and Alley Reconstruction Projects, City Project 0902. H. Adopt Resolution No. 2009-35 being a Resolution requestinP MSAS construction fiords for other local transportation uses Kevin Hansen, Public Works Director, stated that funds would be used for other qualified projects. We use $270,000 to help fund the city's portion of street repair. Mahon to waive the reading of Resolution No. 2009-35, there being ample copies available to the public. Mohan to approve and adapt Resolution No. 2009-35 requesting Municipal State Aid System construction funds for other local transportation uses. City Council meeting minutes March 9, 2009 Page 3 of 13 I, Authorization to seek bids for the 2009 Miscellaneous Concrete Replacement and Installation Project Motion to authorize staff to seek bids far the 2009 Miscellaneous Concrete Replacement and Installation Project. Adopt Resolution 2009-36 being a resolution to award 2009 Street Striping, Resolution 2009-37 being a resolution to award 2009 Crack Sealing, and Resolution 2009-38 being a resolution to award 2009 Seal Coat Fehst stated that we work with other cities to obtain a better bid on this work. Nawrocki asked if the costs are part of the assessed project and are in the range estimated. Hansen stated the city does the seal coat prep work and contracts out the actual seal coating project. Costs are consistent with the estimate. Motion to waive the reading of Resolution No.2009-36, there being ample copies available to the public. Motion to adopt Resolution No. 2009-36, being a resolution awarding the Joint Powers Agreement Contract with the City of Coon Rapids for the 2009 Street Striping Project to AAA Striping, based upon their low, qualified, responsible bid in the amount of $14.50 per gallon for Street Markings and $75.00 per gallon for Symbol Markings with an estimated cost of $4,000 to be appropriated from Fund 212-43190-4000 and $825 to be appropriated from Fund 101-43170-4000. Motion to waive the reading of Resolution No.2009-37, there being ample copies available to the public. Motion to adopt Resolution No. 2009-37, being a resolution awarding the Joint Powers Agreement Contract with the City of Coon Rapids for the 2009 Crack Sealing Project to Precision, Inc., based upon their low, qualified, responsible bid in the amount of $0.63 per lineal foot for crack sealing with an estimated cost of $8,000 to be appropriated from Fund 212-43190-4000 and $2,000 to be appropriated from Fund 415-51001-4000. Motion to waive the reading of Resolution No. 2009-38, there being ample copies available to the public. Motion to adopt Resolution No. 2009-38, being a resolution awarding the Joint Powers Agreement Contract with the City of Coon Rapids for the 2009 Seal Coat Project to Allied Blacktop Company, based upon their low, qualified, responsible bid in the amount of $2.49 per gallon of emulsion and $0.53 per square yard of aggregate with an estimated cost of $26,160 to be appropriated from Fund 415-50901-5130 and $61,000 to be appropriated from Fund 430-46323-5130. K. Adopt the City Pedestrian and Bicycle Mobility Plan Fehst recommended to adopt this and include it in the Comprehensive Plan, even though there may not be any work done immediately. Nawrocki asked if this would impact what residents pay for street work. Hansen stated. that any anticipated plans would come before the City Council at a public hearing. He referred to the request for bikeway striping on Stinson, which could be done. Hansen stated that plan approval would allow us to apply for state or federal grant funding to assist with related work. Nawrocki asked if residents would have to pick up any extra cost for this on their street. Hansen stated that is not anticipated. Motion to adopt the Pedestrian and Bicycle Mobility Plan prepared by the consulting firm of Bonestroo in accordance with the Blue Cross Blue Shield Active Living Grant guidelines. City Council meeting minutes March 9, 2009 Page 4 of 13 L. Approve professional service agreement for 49TH Avenue Pedestrian Bridge -Removed Fehst stated this was the middle of the three proposals for engineering to allow us to accept state or federal grants for the bridge site. Fehst stated that Congressman Keith Ellison has indicated there is $475,000 available for Phase I of a bridge construction study and right-of--way purchase for a bridge to include handicap accessibility. M. Approve a Public Safety Grant in the amount of $20,925 for 800 MHz Radios for Public Works Motion to accept the PSIC Grant in the amount of $20,925.27 for the purchase of 800 Mhz radios, and furthermore authorize the Mayor and City Manager to enter into an agreement for the same. Motion to authorize the purchase of one base station and 12 - 800 MHz radios, plus appurtenances from the State of Minnesota Purchasing Contract in the amount of $26,106.90. N. Adopt Resolution 2009-31 calling for a Public Hearing on Mav 11.2009. by the City Council on the proposed adoption of a modification to the Downtown Central Business District(CBD}Revitalization Plan and the proposed adoption of modification to the Tax Increment Financing Plan for the Kmart/Central Avenue Tax Increment Financing District. A Renewal and Renovation District (northeast quadrant of 47th and Central) - Removed Fehst stated this would allow expansion of this district into the Sheffield area and allow tax increment money to purchase housing. This is only to schedule the public hearing. O. Adopt Resolution 2009-32, being a Resolution approving a Conditional Use Permit for a digital LED sign at 491.0 Central Avenue. Fehst stated that this meets the requirements of our city code. Nawrocki referred to the bank on Central, Community Credit and Auto World that have LED signs that were to be removed. Peterson stated they will adhere to our regulations and our code. Jeff Sargent stated the LED sign at 4910 Central will meet our requirements and is used in all of their advertising. The owner has received a variance, approved by City Council, for the size of the sign. Nawrocki questioned whether Auto World meets our requirements. Sargent stated staff will check into that. Motion to waive the reading of Resolution 2009-32, there being ample copies available to the public. Motion to adopt Resolution No. 2009-32, approving a Conditional Use Permit for a digital LED sign for the Sonic Restaurant located at 4910 Central Avenue, subject to the conditions outlined in Resolution No. 2009-32. P. Approve the Business License Application for Hookah Kingdom Inc. -Removed Q. Approve the Business License Applications Motion to approve the items as listed on the business license agenda for March 9, 2009 as presented. R. Approve payment of the bills Motion to approve the payment of the bills out of the proper fund as listed in the attached register covering Check Number 129378 through Check Number 129533 in the amount of $714,610.87. Motion by Diehm, second by Nawrocki, to approve the Consent Agenda items with the exception of items L, N, and P. Upon vote: All ayes. Motion carried. Items removed for discussion: L. Approve professional service agreement for 49TH Avenue Pedestrian Bridge City Council meeting minutes March 9, 2009 Page 5 of 13 Hansen stated the bridge was built in 1970 and is not ADA accessible and is in rough shape. Staff has applied for about every funding resource available, but has been unsuccessful. With the federal stimulus package there was interest in our request. We would not be ready for the project in the first round of funding. There will be another round of funds in 2010. We received word from Congressman Ellison's office that our initial. funding is currently in the Senate and anticipated to go to the President soon. We would do a project memorandum to develop concept types. The other funds are to come from state aid funding. Nawrocki asked who owns the bridge. Hansen stated MnDot owns the bridge. Nawrocki questioned if they have been asked to repair the steps. Hansen stated that they have done such repairs in the past. They have been responsive. Fehst stated that part of the study is to determine the necessity or work required. Hansen stated it is a federal requirement to determine if any portion of the bridge is reusable. Nawrocki questioned if the City of Hilltop will participate in the cost, as the bridge is half in their city. Hansen stated that they have not been asked to participate. The reason for this request is the two federal funding deadlines. It is important to show that we are moving forward on this. This bridge is not proposed for replacement by MnDot. Motion by Williams, second by Kelzenberg, to accept the proposal from Bonestroo in the amount of $22,890 for professional services for the 49th Avenue pedestrian bridge and furthermore, authorize the Mayor and City Manager to enter into an agreement for the same. Nawrocki stated concern for where the funds would come from. Bonestroo is not the low bidder. Awards are to be made to the low responsive bidder. There could be over $100,000 in engineering fees before this is complete. Jim Hoeft, City Attorney, stated that this is a professional services agreement and not guided by those restrictions. Fehst stated that this consultant has worked on more of these bridges than anyone in the State. Hansen stated the bid difference was about $1,800. Fehst stated that the company's experience is worth the extra cost. Kelzenberg called for the question. Upon vote: Nawrocki, nay; Diehm, aye; Williams, aye; Kelzenberg, aye; Peterson, aye. 4ayes -1 nay. Motion carried. N. Adopt Resolution 2009-31 calling for a Public Hearin. og n May 11, 2009, by the City Council on the proposed adoption of a modification to the Downtown Central Business District CBD)Revitalization Plan and the proposed adoption of modification. to the Tax Increment Financing Plan for the Kmart/Central Avenue Tax Increment Financing District, A Renewal and Renovation District (northeast quadrant of 47th and Central) Removed Motion by Diehm, second by Williams, to waive reading of Resolution 2009-31 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adapt Resolution 2009-31 calling for a Public Hearing on May 1 l , 2009, by the City Council on the proposed adoption of a Modification to the Downtown Central Business (CBD) Revitalization Plan and the Proposed Adoption of a Modification to the Tax Increment Financing Plan for the Kmart/Central Avenue Tax Increment Financing District, A Renewal and Renovation District. Nawrocki questioned moving ahead and indicated his opinion that extending the district and adding the Sheffield area is not financially responsive. This would duplicate the Anoka County work. This would mean a heavier burden on taxpayers and fewer funds for public services. Williams stated that this motion is only to set the hearing date. City Council meeting minutes March 9, 2009 Page 6 of 13 Upon vote: Nawrocki, nay; Diehm, aye; Williams, aye; Kelzenberg, aye, Peterson aye. 4ayes - 1 nay. Motion carried. P, Approve the Business License Application for Hookah Kingdom Inc. Diehm stated that this license is to create a tobacco shop, which is allowed by State Statute. Who will enforce the laws? Sargent stated that it would be monitored jointly by local and state officials. If there is a complaint our local department would investigate. Diehm stated that this comes from confusion in the state law that prohibits this activity following the passage of the Indoor Clean Air Act. This is the only exception allowed, classified as sampling the product with intent to purchase versus smoking the product while there. Sargent stated the law allows sampling of products in a store with tobacco sales being at least 90 percent to the sales. The owner runs the Pyramids Cafe next door. The Freedom to Breathe act allows sampling before purchase. They can not sell time allotments. This would allow a customer to sample a product and purchase it for consumption at their own premises. Diehm questioned if it is our responsibility to make sure this is followed. Sargent indicated it would be a state responsibility, unless a complaint is issued it would be looked at locally. Diehm stated that she and other Councilmembers received emails and words of support for this license. We have to follow the state laws put before us. State statute would have to be changed by the State Legislature to allow more than this activity. Sargent stated this area is zoned correctly for this type of use. Staff recommends approval allowing them to start a new business in Columbia Heights and to rectify the situation of receiving citations for customers smoking on the restaurant premises. Diehm stated that a criteria in our ordinance for a tobacco license is whether the owner has been convicted or has violated any state statute or ordinance related to tobacco. The staff report indicated the owner has been sited several times for violation of the ordinance and state law. Has this had any comments from our Police Chief? Sargent stated they will do their part upon approval. The owner is trying to rectify the situation. Diehm asked the City Attorney if this is grounds for our denial. Hoeft stated that at this time there have been no convictions or violations of that criteria. If that happens, the license could be reviewed at renewal. Peterson asked if there would be a total separation of the tobacco shop and restaurant. Sargent stated that there has to be an external exit for the site and tobacco must be 90 percent of the sales. Nawrocki asked if there is a connection between the two stores. Alex Bajwa, Attorney for the owner of Hookah Kingdom, stated there is no connection between the two stores. It is also owned by a separate company, selling only tobacco products. Time allotments will not be sold. The product may be sampled and purchased for personal use. Nawrocki questioned how long customers can sample products. Bajwa compared this to Anoka Coiulty liquor sampling regulations and stated that time constraints are not defined by state statute. Bajwa indicated the customer would pay for the sample. Williams questioned what the product is. Mohamed Hassan, store owner, showed a product sample. He stated that he has a distribution license. There are 40 flavors and it contains minute nicotine. The cost of the box shown is $11.99. His goal is to be legal. He stated he has a large inventory and pays for a distributor license. Motion by Diehm, second by Kelzenberg, to approve the Cigarette/Tobacco License for Hookah Kingdom, Inc. located at 4919 Central Avenue NE, pursuant to applicable standards found in MSA 114.411 to 114.417 and Article III of the City Code. Upon vote: All ayes. Motion carried. PUBLIC HEARINGS ®none ITEMS FOR CONSIDERATION City Council meeting minutes March 9, 2009 Page 7 of 13 A. Other Ordinances and Resolutions 1st Reading of Ordinance 1561 being a Zoning Amendment as it relates to signs in the Design Overlay District. Sargent stated that staff recommends a zoning amendment for new construction placement of signs. New plans require site approval. Existing signs are covered. The current code could take two months for approval. The zoning amendment would allow staff to handle this administratively. If the applicant would so choose, they could still go before the Planning and Zoning Commission. Motion by Kelzenberg, second by Williams, to waive the reading of Ordinance No. 1561, being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to set the second reading of Ordinance No. 1561, for Monday, March 23, 2009, 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 ADNIINISTRATIVE REPORTS Report of the City Manager • Budget status is that some cuts have been applied. Nawrocki stated that action taken indicated there would be a revised budget. It was revised by adopting the resolution. It is our intention to discuss the parameters in April for what levels of service to maintain or if revenue increases are necessary for the 2010 budget. Nawrocki questioned if the two week furlough has been applied to the city attorney. That is a contract. Peterson state the answer is no. We have done remarkably well at our new liquor stores, especially at 37t" Avenue. There was some issue of where the Central location was moved to, but it has turned around. There has been an amendment to the contract for a downsizing of the parking ramp next to Grand Central Lofts. Peterson stated that the Planning and Zoning Comrission approved a smaller version of the site; 35, 000 squar°e feet with 208 parking spaces instead of 280 spaces. A new Buffalo Wild Wings is back in the plan. This decreases the state funding we will receive for the ramp. Nawrocki stated that at the last meeting he requested copies of the utility rate increase resolutions and a copy of the refuse contract. Report of the City Attorney -nothing to report. CITIZENS FORUM Donna Schmitt, 4260 Tyler Street, stated that she submitted budget ideas at the last meeting. She was disappointed they were not discussed at the last work session. Peterson stated it will be brought up at a Council work session. COUNCIL COP~NER Kelzenberg • Sad day -funeral of Bab Surbrook, our paid-on-call firefighter. He will be sorely missed. • Referred to our local. basketball team, get out and support them. Williams City Council meeting minutes March 9, 2009 Page 8 of 13 • Our crime is down substantially again this time period. Our Chief is doing a great job. Officers are now stopping people for having things hang from your rear view mirror. • Life is short, agreed with the statement about Bob Surbrook. Diehm. • Thanked both of our chiefs. Our officers are working on a truancy program. Tough week for our fire chief. St. Anthony and Fridley came in to cover our community so our department could attend Bob's funeral. • March is food share month. The Empty Bowls fundraiser will be March 24 at Murzyn Hall. Nawrocki • Last meeting discussed Joe Podany. Showed a picture of him. • Post #230 collects coupons for distribution to our troops. We have sent them over two million coupons. Attended the a~'-t e ~h:b~t ~n Fr~dle;'. ~0 Columbia Heights st'adents :were involved. • Referred to an article by the Burnsville Mayor on a program involving citizens to solve issues and work for the common good of the community. Requested more information. • Referred to the items in the minutes of the last meeting which were not included. Brought up Jeff Diehm's comments for him to watch the meeting, which he did. Feels he was in line. • Suggested our agenda include a New Business category. Peterson suggested addressing this at a work session. • Where do we stand on the Public Safety building budget. Fehst stated that we are in line at this point. i~'e are starting to look at the gun range, furniture, phone system and some security items. Peterson • Please remember our food shelf; help those in need in our community. • The Police and Fire Tribute Statue fundraiser spaghetti dinner and dance will be held on March 21. Suggested attendees bring a food shelf item to that event. • Last week we lost 23 year fire fighter veteran, Bob Surbrook. Bob was very active in church, boy scouts, the community, and the Boosters. We value his friendship and all he did for us. • Also lost Jim Reynolds, graduate of Columbia Heights high school this week. • Viewed the Public Safety building today in awe. It is coming along great. Doc Srnith, the Construction Manager, is very proud of the building. They will pour concrete tomorrow. Fehst stated he met with Kathy Kelly, Superintendent of Schools, and her staff requests a tour of the building. • Don't take ourselves too seriously; don't forget our service men and women. Do a random act of kindness. A13J®iTltl`T1VY1~1\T~' Mayor Peterson adjourned the meeting at 8:40 p.m. Patricia Muscovitz CMC City Clerk RESOLUTION 2609-33 BEING A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR 2009 STREET REHABILITATION AND ALLEY RECONSTRUCTION, CITY PROJECT 0902 City Council meeting minutes March 9, 2009 Page 9 of 13 WHEREAS, pursuant to a resolution passed by the Council on March 2, 2009, the City Engineer has prepared plans and specifications far Full Street Reconstruction on 5`" Street from 49`" Avenue to 50`" Avenue; Mill and. Overlay on 7`" Street from 52na Avenue to 53`d Avenue, 48`" Avenue from Jefferson Street to Monroe Street, 50`" Avenue from Jefferson Street to Monroe Street, and S lS` Avenue from 6`" Street to 7`" Street; and Alley Reconstruction between Jackson Street and Central Avenue from 49`" Avenue to 50`" Avenue; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA 1. Such plans and specifications identified as 2009 Street Rehabilitation and Alley Reconstruction, Zone 4, City Project Number 0902 are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in a trade journal an advertisement for bids upon making of such improvement under such approved plans and specifications. The advertisement shall be published a minimum of three weeks prior to the bid opening, shall specify the work to be done, shall state that bids will be received by representatives of the City Council of Columbia Heights until 10:00 a.m. on Tuesday, Apri] 7, 2009 at which time they will be publicly opened at the place designated, will then be tabulated and will be considered by the Council on Monday, April 13, 2009 in the Council Chamber. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the council on the issue of responsibility. Na bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, bid. bond, or certified check payable to the City of Columbia Heights for 5 percent of the amount of such bid. RESOLUTION NO. 2009-34 DECLARING THE OFFICIAL INTENT OF THE CITY OF COLUMBIA HEIGHTS TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY WHEREAS, Internal Revenue Service has issued Tres. Reg. 1.140-2 providing that proceeds of tax exempt bond used tc reimburse prior expenditures will be not be deemed spent unless certain requirements are met; and, WHEREAS, the City of Columbia Heights (the "City") expects to incur certain expenditures which may be financed temporarily from sources other than bonds, and reimbursed from the proceeds of a bond; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS AS FOLLOWS: 1. The City reasonably intends to make expenditures for Project #0902 consisting of Zone 4 Street Rehabilitation and Alley Reconstruction 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 $650,000. 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 NO. 2009-35 BEING A RESOLUTION REQUESTING MUNICIPAL STATE AID SYSTEM. CONSTRUCTION FUNDS FOR OTHER LOCAL TRANSPORTATION USES WHEREAS, the City of Columbia Heights receives Municipal State Aid System (MSAS) funds for construction and maintaining 20% of its City streets, and WHEREAS, 11.62 MSAS miles are currently authorized, and WHEREAS, 11.62 MSAS miles of streets have been built or resurfaced since l 964, and WHEREAS, the City currently has 48.58 miles of municipal streets that require maintenance and upgrade, and WHEREAS, the majority of these streets have insufficient strength and poor surface drainage, and WHEREAS, it is proposed to systematically install or repair concrete curb and gutters for improved surface water drainage and add additional strength to the streets for traffic survivability, and WI-IEREAS, the City State Aid routes are improved to State Aid standards and are in an adequate condition that they do not have needs other than additional resurfacing, and WHEREAS, it is authorized by MN Rules 8820.1800 to use part of the MSAS construction appropriation of our City's State Aid allocation on local streets not on the approved State Aid system, and City Council meeting minutes March 9, 2009 Page 10 of 13 WHEREAS, the City proposes to rehabilitate the City-owned underground utilities as needed and rebuild the street in the process, and WHEREAS, it is proposed to use a portion of the City's population allocation funds to upgrade the local street, to wit: WHEREAS the City indemnifies save and holds harmless the State of Minnesota and its agents and employees from claims, demands, actions, or causes of action arising out of or by reason or matter related. to constructing the local street as designed, and WHEREAS, the City further agrees to defend at its sole cost any claims arising as a result of constructing the local street, and WHEREAS, the final approval of the State Aid for Local Transportation Division is therefore given, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA The City of Columbia Heights, Anoka County Minnesota, requests the release of MSAS construction funds for the upgrade and rehabilitation of City municipal streets, to wit: 5"' Street, 49th Avenue to 50`h Avenue 48`h Avenue, Jefferson Street to Monroe Street 51st Avenue, 6`'' Street to 7th Street 7`h Street, 52"d Avenue to 53`d Avenue 50`h Avenue, Jefferson Street to Monroe Street Alley: Jackson Street to Central. Avenue, 49`h Avenue to 50th Avenue RESOLUTION N0.2009-36 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 2009 S T BEET MAINTENANCE, STREET STRIPING PROJECT TO AAA STRIPING WHEREAS, the City Council of Columbia Heights entered into a joint powers agreement with the City of Coon Rapids to administer the public bidding process including entering into a contract with the low, qualified, responsible bidder, and WHEREAS, pt~r~aant to an advertisement for bids for 2009 Street Striping, bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Company Amount AAA Striping $ 132,962.50 Highway Technologies $ 140,939.24 Traffic Marking Service $ 146,879.30 Fahrner Asphalt $ 164,395.35 WHEREAS, it appears that AAA Striping of Rogers, Minnesota is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA 1. The City of Coon Rapids is hereby authorized to enter into a contract with AAA Striping on behalf of the City of Columbia Heights for 2009 Street Striping, according to the specifications for said project and accepting Traffic Markings Base Bid. 2. The City Manager of Columbia Heights is authorized. to expend funds in accordance with the terms of the Joint Powers Agreement and the Bid Documents. 3. City Street Striping Project shall be funded with 85% State Aid maintenance funds and I S% general funds. RESOLUTION N0.2009-37 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 2009 STREET MAINTENANCE, CRACK SEALING PROJECT TO PRECISION, INC. WHEREAS, the City Council of Columbia Heights entered. into a joint powers agreement with the City of Coon Rapids to administer the public bidding process including entering into a contract with the low, qualified, responsible bidder, and WHEREAS, pursuant to an advertisement for bids for 2009 Crack Sealing, bids were received., opened and tabulated according to law. The following bids were received. complying with the advertisement: Company Amount Precision, Inc. $ 79,506.00 Fahrner Asphalt Sealers,LLC $ 85,680.00 City Council Minutes Monday, March 09, 2009 Page 11 of 13 Allied Blacktop Company $ 91,980.00 Asphalt Surface Technologies $ 91,980.00 WHEREAS, it appears that Precision, lnc. of Brooklyn Center, Minnesota is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA 1. The City of Coon Rapids is hereby authorized to enter into a contract with Precision, Inc. on behalf of the City of Columbia Heights for 2009 Crack Sealing, according to the specifications for said project and accepting Crack Sealing Base Bid. 2. The City Manager of Columbia Heights is authorized to expend funds in accordance with the terms of the Joint Powers Agreement and the Bid Documents. 3. City Crack Sealing Project shall be funded with 80% State Aid maintenance funds and 20% project funds. RESOLUTION N0.2009-38 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 2009 STREET MAINTENANCE, SEAL COATING TO ALLIED BLACKTOP COMPANY WHEREAS, the City Council of Columbia Heights entered into a joint powers agreement with the City of Coon Rapids to administer the public bidding process including entering into a contract with the low, qualified, responsible bidder, and WHEREAS, pursuant to an advertisement for bids for 2009 Street Maintenance, Seal Coating bids were received., opened and tabulated according to law. The following bids were received complying with the advertisement: Base Bid Amount Alternate Bid Amount Company (Tra~Rock~ Granite) Allied Blacktop Company $ 1,499,709.66 $ 1,347,427.42 Asphalt Surface Technologies $ ],720,288.90 $ 1.,660,822.95 Pearson Brothers $ 1,789,232.40 $ 1,688,652.01 WHEREAS, it appears that Allied Blacktop of Maple Grove, Minnesota is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA 1. The City of Coon Rapids is hereby authorized to enter into a contract with Allied Blacktop Company on behalf of the City of Columbia Heights for 2008 Street Maintenance Seal Coating, according to the specifications for said project. 2. The City Manager of Columbia Heights is authorized to expend. funds in accordance with the teens of the Joint Powers Agreement and the Bid Documents. 3. City Seal Coat Project shall be funded with 30% assessments and 70% infrastructure fund. RESOLUTION N0.2009-31 RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY COUNCIL ON THE PROPOSED ADOPTION OF A MODIFICATION TO THE DOWNTOWN CENTRAL BUSINESS DISTRICT (CBD) REVITALIZATION PLAN AND THE PROPOSED ADOPTION OF A MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR THE K-MART/CENTRAL AVENUE TAX INCREMENT FINANCING DISTRICT, A RENEWAL AND RENOVATION DISTRICT. BE IT RESOLVED by the City Council (the "Council") for the City of Columbia Heights, Minnesota (the "City"), as follows: Section 1. Public Hearin. This Council shall meet on May 11, 2009, at approximately 7:00 P.M., to hold a public hearing on the proposed adoption of a Modification to the Downtown Central Business District (CBD) Revitalization Plan for the CBD Redevelopment Project and the proposed adoption of a Modification to the Tax Increment Financing Plan for the K- Mart/Central Avenue Tax Increment Financing District, which are referred to collectively herein as the "Modifications", all. pursuant to and in accordance with Minnesota Statutes, Sections 469.090 to 469.1082, and Sections 469.174 to 469.1799, inclusive, as amended, primarily to expand the baundaries of the TIF District and accomplish certain additional redevelopment goals within the expanded T1F District; and Section 2. Notice of Public Hearing Filing of Modifications. City staff is authorized and directed to work with Ehlers & Associates, Inc., to prepare the Modifications and to forward documents to the appropriate taxing jurisdictions including Anoka County and Independent School. District No. 47. The City Clerk is authorized and. directed to cause notice of the hearing, together with an appropriate map as required by law, to be published at Least once in the official newspaper of the City not later than 10, nor more than 30, days prior to May 1 1, 2009, and to place a copy of the Modifications on file in the City Clerk's office at City Hall and to make such copy available for inspection by the public. City Council Minutes Monday, March 09, 2009 Page 12 of 13 RESOLUTION NO. 2009-32 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR SONIC RESTAURANT WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2009-0302) has been submitted by Sonic Restaurant to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 4910 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.106 (P)(13)(c)1, to allow a dynamic LED sign in the GB, General Business District. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on March 3, 2009; 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 an con.,,,rns related to ca, at''~•'• f ~f r'~ l ''~'~t a ~~' a ' t '' f *h y " np ~a~i.2ty o ti$e,$, tra. ,i,, grope. ~y' va ue.$, .i~~ , air, uanger o, tire, anu ri$ti o puU~2c. sa ety m t e surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with. the appearance of the existing or intended character of the surrounding area. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. 7. Adequate rr~easures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void. if the project has not been completed within one (1~ calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. The dynamic LED signs may occupy no mare than fifty percent (50%} of the actual copy and graphic area. The remainder of the sign must not have the capability to have dynamic LED signs, even if not used. Only one, contiguous dynamic display area is allowed on a sign face. 2. The dynamic LED sign may not change or move more often than once every ten (10) minutes, except one for which changes are necessary to correct hour-and-minute, date, or temperature information. 3. A display of time, date or temperature information may change as frequently as once every ten (10) seconds, however information displayed not relating to the date, time or temperature must not change or move more often than once every ten (10) minutes. 4. The images and messages displayed must be static, and the transition from one state display to another must be instantaneous without any special. effects. Motion, animation. and video images are prohibited on dynamic LED sign displays. S. The images and messages displayed must be complete in themselves, without continuatian in content to the next image or message or to any other sign. 6. The dynamic LED signs must be designed and equipped to freeze the device in one position if a malfunction shall occur. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and. the sign. owner must immediately stop the dynamic display when notified by the city that it is not complying with the standards of this ordinance. 7. The dynamic LED signs may not exceed a maximum illumination of 5,000 nits (candelas per square meter} during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured City Council Minutes Monday, March 09, 2009 Page 13 of 13 from the sign's face at maximum brightness. The dynamic LED signs must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one- halfhour before sunset and one half-hour after sunrise.