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HomeMy WebLinkAboutApril 13, 2009OFFICIAL PROCEEDINGS CITY OF COLUMBIA. HEIGHTS CITY COUNCIL MEETING APRIL 13, 2009 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, April 13, 2009 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. (Resolutions and Ordinances nzay be found at the end of`this doczenzent.) CALL TO ORDER/ROLL CALL/INVOCATION Associate Pastor Jeremiah Rice, Oak Hill Baptist Church, gave the Invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Nawrocki requested to have the April 6 work session items reviewed and have an update on public safety building costs. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Recognition of 2009 Columbia Heights High School Basketball Team Basketball Team, Head Coach Willie Braziel, Assistant Coach Dedrick Jenkins, Principal Andy Baton, and K-12 Activity Director Mark Corless. Peterson stated that when youth excel in the community it is a great thing. Our high school basketball team came within one game of the state tournament. Principal Baton stated that it has been a fun run and introduced Coach Braziel. Braziel introduced individual team members. Fehst stated how impressed he is with this group and how well they play as a team. Kelzenberg thanked Coach Willie for the good job he has done. B. Sister Cities Young Artist's Showcase Winners First Place: Ashley Genedek, Runners-Up: Chris Kantor and Gabe Griffith, Honorable Mention: Thaweesak Mingkwan DQ~ioreS Strand, Sister City ComrT'iittee ~r.,Ci-Chair, Stated t1iiS waS the third a2'inLiai Y ourig Art1StS Showcase they have sponsored, with the topic "Your Path To Peace". There is great talent in our community. Second and Fifth Graders also drew cards that will be sent to Lomianki Poland. Strand showed copies of the winning art. The winner's drawing will be sent to the national competition in Washington D.C. Peterson thanked all of the students that participated and the Sister City group for putting this on. Gabe Griffith, Honorable Mention winner addressed the Council. C. Recognition of Elaina Haman -was not able to attend, but will attend the May 26, 2009 Council meeting D. Library Board and Telecommunications Con~nission member reeo mg 'tion Barbara Miller and Dennis Stroik Peterson stated that we are losing long time Library Board member Barb Miller. She served on the Library Board from 1985 to 2009. Peterson gave her a certificate and token of appreciation.. Barb indicated her pleasure to be on the Library Board. Her family has been active in the library City Council Minutes Monday, April 13, 2009 Page 2 of 13 since its inception. She stated that it is probably the best amenity we have. We need to keep it in the forefront of our future. The current building has reached its capacity. Becky Loader, Library Director, stated that not only Barb, but her grandmother and mother serviced our library and community. Peterson stated that Dennis Stroik served from 1986 to 2009 on the Telecommunication Commission. Peterson gave him a certificate and token of appreciation. Dennis thanked everyone. E. Proclamation - 2009 Silver Star Banner Day Mayor Peterson read the 2009 Silver Star Banner Day Proclamation. F. Proclamation - 2009 Arbor Day Mayor Peterson read the 2009 Arbor Day Proclamation. CONSENT AGENDA Nawrocki requested to remove for discussion items C, D, E, F, and L. City Manager Walt Fehst took the Councilmembers through the Consent Agenda items: A. Approve the minutes of the March 23, 2009 Citv Council meeting and the April 6. 2009 Board of A~,peals and Equalization. Motion to approve the minutes of the March 23, 2009 City Council meeting. Motion to approve the minutes of the April 6, 2009 Board of Appeals and Equalization. B. Acceptance of Board and Commission meeting minutes Motion to accept the February 25, 2009 minutes of the Park and Recreation Commission meeting. Motion to accept the January 27, 2009 minutes of the HRA meeting. Motion to accept the February 24, 2009 minutes of the EDA meeting. Motion to accept the March 3, 2009 minutes of the Library Board meeting. Motion to accept the April 6, 2009 minutes of the Traffic Commission meeting. C. Approve Submission of Grant Applications -removed D. Approve Resolution #2009-40 correcting the 2009 Budget 270-42160, Police Community Programs -removed E. Approve LED Signage for the Liquor Store on Central Avenue -removed F. Approve traffic modifications along 41st Avenue from Jefferson Street to Central Avenue for the Public Safety Building -removed G. Adopt Resolution 2009-48, being a Resolution authorizing the cleaning and lining of 5,150 lineal feet of water main under the Minneapolis 2009 program, City Project No. 0903 Motion to waive the reading of Resolution 2009-48, there being ample copies available for the public. Motion to adopt Resolution 2009-48, accepting the Feasibility Report for the 2009 Water Main Cleaning and Lining Program and ordering the Public Improvement for water main cleaning and lining of pipe totaling 5,150 lineal. feet, under the City of Minneapolis water main cleaning and lining program for 2009. City Council Minutes Monday, April 13, 2009 Page 3 of 13 H. Reissue license to operate a rental unit(s) within the City of Columbia Hei hg is against 4145 5th Street as Property Maintenance Code issues has been resolved. Motion to issue arental-housing license to Terry T. Martin to operate the rental property located at 4145 5th Street N.E. in that the provisions of the Property Maintenance Code have been complied with. L Approval of the attached list of rental housing license applications, in that they have met the requirements of the Property Maintenance Code. Motion to approve the items listed for rental housing license applications for April 13, 2009. Approve Business License Application Motion to approve the Cigarette/Tobacco License for Fouad's Inc. located at 4110 Central Ave NE, pursuant to applicable standards found in MSA 114.411 to 114.417 and Article III of the City Code. K. Approve Business License Applications Motion to approve the items as listed on the business license agenda for April 13, 2009 as presented. L. Approve payment of the bills -removed Motion by Nawrocki, second by Williams, to approve the Consent Agenda with the exception of items C, D, E, F, and L. Upon vote: All ayes. Motion carried. Peterson called on Mr. Franklin, St. Thomas College, and the students present with him. Franklin stated that every year he takes his students to a council meeting. C. Approve Submission of Grant Applications Nawrocki asked if there are additional costs other than paying the salary in the fourth year. Police Chief Nadeau stated there would be uniform costs, some equipment, and some training. This would cover an officer approved and cut in the last budget cycle. There would not be a vehicle purchased for this position. Nawrocki referred to "Clinton Cops" and the theory to return tE'i the vrigiiaai iitiaiabcr of t'ifs%%rS tauvtigai aa~rition. NawioCki rc^gtic^Stcd a Cvt%ttiiittiieait of Staff reduction through attrition after the grant is complete. Diehm stated her disagreement. These positions were autl'io1'ized and because of the unexpected lass of LGA we needed to remove these positions. She complimented staff for finding ways to fund the position. This is still a competitive grant. Motion by Diehm, second by Kelzenberg, to approve the Police Department to submit grant applications for the C®PS Hiring Recovery Plan, the Edward Byrne Memorial Competitive Grant Program, and the Edward Byrne Memorial Justice Assistance Grant (JAG). Fehst stated that if we are successful in receiving this grant, this is a long term commitment. Upon vote: Nawrocki, aye; Diehm, aye; Williams, aye; Kelzenberg, aye; Peterson, aye. 5 ayes. Motion carried. D, Approve Resolution #2009-40 correcting the 2009 Budget 270-42160. Police Community Programs Nawrocki requested this be explained. Bi11 Elrite, Finance Director, stated in the renaming of the DARE budget to include items like the cadets, community picnics, etc., there was an error in assembling the budget and it was not included in one portion. City Council Minutes Monday, April 13, 2009 Page 4 of 13 Motion Diehm, second by Williams, To waive the reading of Resolution 2009-40, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion Diehm, second by Williams, to adopt Resolution 2009-40, a Resolution to correct an inconsistency in the Police Department's 2009 Budget, Fund 270. Upon vote: All ayes. Motion carried. E. Approve LED Signa~e for the Liquor Store on Central Avenue Nawrocki stated that this building does not need more signage. There are 16 lit signs, written signs, and a monument sign. Liquor profits mentioned did not include the debt service to pay for the building. Elrite stated that the building exceeds the design guidelines. The monument sign meets guidelines. When the sign was constructed, 20 square feet were allowed for future inclusion of an LED sign. LED signs give easy and effective advertisement. It can also show community messages or amber alerts. Diehm stated that this request will go before the Planning and Zoning Commission and follow our own city code. Motion by Diehm, second by Kelzenberg, to authorize staff to submit a conditional use application to the Planning & Zoning Commission for the installation of LED signage in the monument sign at the liquor store located at 4950 Central Avenue ar~d to authorize the purchase and installation of the sign in an amount not to exceed $35,000.00. Nawrocki asked when the council authorized seeking bids for the sign. Elrite stated that is not required. Nawrocki stated that history would require it. Upon vote: Nawrocki, nay; Diehm, aye; Williams, aye; Kelzenberg, aye; Peterson, aye. 4ayes - one nay. Motion carried. F. Approve traffic modifications along 41st Avenue from Jefferson Street to Central Avenue for the Public Safety Building Nawrocki suggested allowing parking on one side of the street. Peterson stated that the Traffic Commission has made this recommendation. Motion by Diehm, second by Williams, to approve the following traffic modifications along 41st Avenue from Jefferson Street to Central Avenue, based on the recommendations of the Traffic Commission: Install "Ah-way Stop" signs at 41st Avenue and Jefferson Street, and 41st Avenue and Quincy Street. Install "Stag" signs at 41st Avenue and Madison Street, and 41st Avenue and Monroe Street, stopping traffic on Madison anal Monroe Streets. Designate "No Parking" on the south side of 41st Avenue from Quincy Street to Central Avenue, existing funeral parking from Quincy Street to Jackson Street to remain. Designate "No Parking" on the north side of 41st Avenue from the alley east of Quincy Street to the alley west of Central Avenue. Designate " 30 Minute Parking" on the north side of 41st Avenue from the alley west of Central Avenue for 65 feet to the east, and designate °'No Parking" on the remainder of 41st Avenue east to Central Avenue. Designate Jackson Street "Two-way" from south of 42nd Avenue to 42nd Avenue. Nawrocki requested that the church be given notices to distribute regarding the parking restrictions. Peterson directed the Police Chief to do so. We want the public safety building site to be safe. Diehm suggested the signage be placed early so the public can become used to it. Hansen stated the target date would be about 60 days prior to the move. Nadeau stated that he would Have a dialogue with the church. Upon vote: All ayes. Motion carried. City Council Minutes Monday, April 13, 2009 Page 5 of l3 L. Approve payment of the bills Nawrocki indicated that Councilmember Williams would wish to abstain because of involvement with payment by check 129856. Discussion surrounded the necessity for him to abstain from this vote. Motion by Nawrocki, to approve the payment of the bills out of the proper fund as listed in the attached register covering Check Number 129728 through Check Number 129969 in the amount of $1,376,732.67 with the exception of check 129856. Jim Hoeft, City Attorney, stated the only items that would need to be removed are items that are not under a contract. Nawrocki stated the intent is not to embarrass anyone, but so things are done on the up and up. Peterson called for a second. Kelzenberg seconded the motion. Diehm spoke against the motion. Upon vote: Nawrocki, aye; Diehm, nay; Williams, abstain; Kelzenberg, nay; Peterson, nay aye, 3 nays, 1 abstention. Motion failed. Motion by Diehm, second by Kelzenberg, to approve the payment of the bills out of the proper fund as listed in the attached register covering Check Number 129728 through Check Number 129969 in the amount of $1,376,732.67. Upon vote: Nawrocki, aye; Diehm, aye; Williams, abstain; Kelzenberg, aye; Peterson, aye. 4ayes - 1 abstention. Motion carried. PUBLIC HEARINGS A. First reading of Ordinances 1563 and 1564, being Ordinances for the issuance and sale of approximately $3,935,000 General Obligation Public Facilities Bonds, Series 2009 and issuance and sale of approximately $930,000 General ObliPation Taxable Tax Increment Financing Bonds Series 2009B. Mark Ruff, Bond Counsel with Ehlers and Associations, stated these are the first reading of the ljnnrl prGrecc, 'The calf wni~lrl not be Srhediilerl until June R9 fGllnwing the nrdinanc~e rnrnrerS~ Tn save costs there are five projects included in the bonds: $2 million for the public safety building, $980,000 for an energy project at I:4urzyn Hall, $335,000 for water lining projects in 2009-2010, and assessment bond for 2007 of $3 X0,000 and 2009 of $250,000. The second is a taxable GO bond associated with the K-mart/Central Avenue TIF District utilizing tax increment to fund $930,000 in acquisitions. The purchased land would be resold and therefore falls in to a different category. The total bond is expected to go out 29 years, with several of the projects paid in 10 years. Ruff explained changes in the rating system over the last several years. Currently, we utilize Moody's. Other cities are moving to Standard and Poor's as they have shown higher ratings. The recommendation is to look at Standard and Poor's. With these bonds the recommended time they can not be prepaid is ten years. Dlel2m asked iiGw iiaitCh an overaii ratirig 1'ielpS the CCiSt. Ruff Stated that people arc becomtt2g more risk. adverse. He explained the rating system and indicated that the bond buying public and rating agencies find Minnesota very favorable. St. Anthony had the same AZ rating as Columbia Heights and with Standard and Poor's they moved up to the AA rating. Diehm requested that we look at this further. Nawrocki requested. the interest charges for each item, which. Ruff described. We should stay with the $1.5 million originally discussed for the safety center. Ruff stated the band sale is two City Council Minutes Monday, April 13, 2009 Page 6 of 13 months out, but anticipated the combine rate at 4.8 percent interest. Fehst questioned the dollar amount per household per year for the safety center. Ruff indicated the impact would be $59 per year, per home. Nawrocki stated that we should use existing fund balances for the Murzyn Hall payment for two years. Peterson suggested that Councilmember Nawrocki speak to Mr. Ruff with any additional questions. Diehm stated that fund balances could be used down the road to pay toward the debt balance. We should take advantage and pool projects, buying the bands now. Motion by Diehm, second by Williams, to waive the reading of Ordinances No. 1563 and 1564, there being ample copies available to the public. Nawrocki referred to the increase in the County HRA levy. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to schedule Apri127, 2009 at approximately 7:00 p.m. in the City Council Chambers for the second reading of Ordinance No. 1563 being an ordinance providing for the issuance and sale of approximately $3,935,000 General Obligation Public Facilities Bonds, Series 2009A. Nawrocki reiterate his concern to look at what we are doing to the taxpayers of the community. Upon vote: Nawrocki, nay; Diehm, aye; Williams, aye; Kelzenberg, aye; Peterson., aye. 4 ayes - 1 nay. Motion carried. Motion by Diehm, second by Williams, to schedule April 27, 2009 at approximately 7:00 p.m. in the City Council Chambers for the second reading of Ordinance No. 1564, being an ordinance providing for the issuance and sale of approximately $930,000 General Obligation Taxable Tax Increment Financing Bonds, Series 2009B. Upon vote: Nawrocki, nay; Diehm, aye; Williams, aye; Kelzenberg, aye; Peterson, aye. 4ayes - 1 nay. Motion carried. Diehiri nTdicated, on behalf of herself, that we do riot want our financial advisor to thili-~ik t1iat we feel they are "changing numbers" as insinuated. We appreciate their knowledge. B. Second Reading of Ordinance 1558, Regarding Abolishing Police and Fire Civil Service Commission Motion by Diehm, second by Kelzenberg, to waive the reading of Ordinance 1558, Being an Ordinance Amending Ordinance No. 1490, City Code of 2005, Regarding Abolishing the Police and Fire Civil Service Commission. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Ordinance 1558, Being an Ordinance Aia°~er~ding Ordir~ailce hdo. 1490, City Code of 2005, Regarding Abolishing the Police aid Fire Civil Service Commission. Petersen stated this action. is recommended by the Civil Service Commission members. Nawrocki. stated he supports abolishing the commission, but would like to see how department concerns will be answered. Diehm asked Chief Gorman if department members with concerns were aware that the second. City Council Minutes Monday, April 13, 2009 Page7of13 reading of the ordinance was tonight. Gorman stated that they were made aware of this. Mayor Peterson closed the public hearing. Upon vote: All ayes. Motion carried. C. Adopt Resolution No. 2009-46, being_a Resolution ordering and levying_one alley li hg t PIR 677-42 Motion by Kelzenberg, second by Williams, to waive the reading of Resolution No. 2009-46, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2009-46, being a Resolution ordering and levying one alley light located between 5235 and 5241 6th Street, known. as PIR 677-42. Pat Getz, 5234 7th Street, stated she brought forward the alley light request. The area is very dark and this would add protection. Upon vote: All ayes. Motion carried. D. Approve Orders Declaring 3723 Polk Street a Hazardous Building Sheila McCartney, Assistant Community Development Director, stated the Building Official has done an inspection of the property. There has been a water break that has rendered the home beyond repair. Motion by Diehm, second by Nawrocki, to approve orders declaring the property located at 3723 Polk Street a Hazardous building. Upon vote: Ail ayes. Motion carried. E. Approve orders declaring structures located at 3701 Jackson Street a Hazardous Building McCartney stated this order is to remove or repair the structure. It has been declared a vacant or abandoned property and is seriously deteriorate. Diehm requested McCartney show the photos submitted, which McCartney did. Dielun pointed out that this is done only in extreme circumstances. Nawrocki asked how the Secretary of Veteran Affairs is involved. McCartney stated they own the mortgage so they, and anyone else involved, receive notification. Diehm stated that without us stennina in, this tune of nronertv could be nut on the market and sold. Motion by Diehm; second. by Nawrocki.; to approve orders declaring the buildings located at 3701 Jackson Street a Hazat°dous building. TJpoii vote: All ayes. rrYotion carried. F. Adopt Resolution 2009-39, being a Resolution approvin tg he acquisition of property Located at 4606 Polk Street NE -removed Scott Clark, Community Development Director, stated that the owners accepted a second bid on the property. Nawrocki stated that we need tighter restrictions on rental properties. G, Adopt Resolution 2009-47. Approving terms of Inter-Fund. Loan in connection. with K- mart/Central Avenue TIF District -removed H. Adopt Resolution 2008-4L 1022 42-1/2 Avetiue N.E. being a Resolution approvin rg ental license revocation. -removed, as the property has been brought into compliance. I. Adopt Resolution 2009-42, 1037 Gould Avenue N.E. being a declaration of nuisance and abatement of violations within the City of Columbia Heights. Fire Chief Gary Gorman. stated this property was vacant and unsecured. It was ordered secured. Motion by Nawrocki, second by Diehm, to close the public hearing and to waive the reading of City Council Minutes Monday, Aprii 13, 2009 Page 8 of 13 Resolution Number 2009-42 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Diehm, to adopt Resolution Number 2009-42 being a resolution of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the properties pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions -none B. Bid Considerations Adopt Resolution No. 2009-44, being a Resolution accepting bids and awarding a contract for 2009 Street Rehabilitation and Alley Reconstruction project Kevin Hansen, Public Works Director, stated that 33 were bids sent out and eight were received. C&L contracting gave the low bid. They are an off-shoot of Barbarossa. Hansen described the alternates and recommendations. We are looking to replace the entire fence with a composite material. The alternate was cedar. The price for Zone 4 is 20 percent under the estimate and the alley work is nine percent under the estimate. The total contract would be $480,594. Motion by Diehm, second by Williams, to waive the reading of Resolution No. 2009-44, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Resolution No. 2009-44 being a resolution accepting bids and awarding the 2009 Street Rehabilitation and Alley Reconstruction, City Project #0902 including Alternate 1 for unit priced residential driveway construction; Alternate 4 for driveway construction at 4920 Central Avenue; Alternate S for infiltration basins; and Alternate 6 for sanitary sewer repair to C and L Excavating of St Joseph, Minnesota in the amount of $480,594.45,based upon their low, qualified responsible bid; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. Upon vote: All ayes. Motion carried. C. Other Business -none ADMINI5TRATIYE REPORTS Report of the City Manager Fehst handed out the current Public Safety facility budget information. The expenses are reviewed weekly. Work session discussion: Abolishment of Police and Fire Civil Service commission, we are willing to address the fire department concerns; the need to cut jobs next year; early retirement incentives; acquisition of hilltop trailer lot adjacent to the public work facility; in lieu ofpraperty tax, street light utility charge on the utility bill; concepts for 49`h Avenue Bridge that spans Central Avenue, which is not handicap accessible. The MN Design Team had suggested replacement. We received a $475,000 phase one grant for planning replacement of the bridge and will submit for phase two funds and. stimulus fiords to pay far all but ten percent of the bridge. We talked about the bond sale; liquor store LED sign and preliminary tax levy. The state is anticipating we will lose about $ l million in LGA next year. We cut the budget far this year about $900,000. We will try to tzse some sul-plus funds next year and freeze expenditures. We are suggesting about a 3.5 percent levy bump to help us. We would like to remove the need for local government aid, but would need to increase the levy 13 percent the first year, eight percent the next year and six percent the following year. Nawrocki stated that he could only find $600,000 in reductions in the list that was to cover $900,000 City Council Minutes Monday, April l3, 2009 Page 9 of 13 in reductions. Discussion included the City Attorney being considered a city employee. Peterson asked for a motion that this be the last time this is brought up. Diehm stated that discussion requests should be brought up at the beginning of the meeting and voted on. Nawrocki questioned why AutoWorld's LED sign still does not comply with the City Cade. Report of the City Attorney -nothing to report. CITIZENS FORUM Abdi Erbob, 1635 49L" Avenue, stated he received a bill for $251 for broken windows, which he fixed himself. Garman indicated the time line given this person to correct the violations, which was not completed and the license was then revoked. This is an automatic fee of $200. The $51 was for the DuAll callout to the property. When they arrived, the work was complete. Gorman stated that the administrative fees are assessed to the property, because we do not want all the other tax payers in town to pay for the time we put into one property. Yes, he did fix the windows, eight months later. Diehm stated that as a body the City Council tries not to act on new information under citizen's forum. To consider a fee waiver, we must have a standard to base the decision on. Diehm indicated she would not be in favor of waiving the fee tonight or possibly in the future. Peterson stated that this is a modest fee to find the work was already done. He indicated that if the work is done in the right amount of time, there would not be a fee. Erbob did not agree. He stated that he completed the repair. Deb Johnson, 4626 Pierce Street, stated she received a letter from the Police Department regarding disbanding of the CERT program, which bothered her. These are volunteers. What expenses are there? Police Chief Nadeau explained that there was value to the program, but the department has chosen to focus on community crime prevention, crime and livability, and youth issues. This was a difficult decision. Donna Schmitt, 4260 Tyler Street, questioned the space requirements of a new pedestrian bridge. She suggestea alner OpllUn:i, SUC;LL a~ eleVatarS at eaCLl Slde al lL1C ULLUgC. 1"ClC1~UL1 StatCU li1C 1Lee to L11ariC this pedestrian bridge handicapped accessible. Diehm stated that we can not compromise on this for our children and the handicapped. The grant opportunity is a great advantage. Peterson stated there would be public input. Dwayne Morrell, 4212 Reservoir Boulevard, stated there is too much emphasis on the bridge and suggested an "all-stop". Nawrocki gave the history of the original bridge placement. Peterson again stated the need to comply with the Americans with Disability Act. DieluZ~ indicated appreciation far the funding received. Kelzenberg stated the inspection shows the bridge is obsolete. Hansen stated some 30 year old girders may be reused, but it is not recommended. Morrell indicated that the city should be operating on a tax levy. The LGA should be the supplement. Fehst asked Mr. Morrell to come in and speak to him on this. Fire Chief Gorman stated the next statue fundraiser will be held Saturday, April 25, at the Fridley Applebee's with a pancake breakfast. Police and fire department personnel will be the servers. Peterson stated this is for the "Always on Guard" statue. We are also selling engraved bricks, corporate sponsorships, and commemorative coins. This is a tribute to past, present, and future civil service personnel. COUNCIL CO City Council. Minutes Monday, April 13, 2009 Page 10 of 13 Kelzenberg • Read from the green sheet on the assistance given by our fire department during the Columbus township grass fire. Williams Diehm Read statistics from the weekly crime report. The Community Prayer Breakfast will be held on Tuesday, May 12. Pastor Kim from All Nations Church will be the speaker. Great turn out at this meeting with the basketball players and great artists. We are building good partnerships with the opening of the new gyms. This is National Library Week. Received letters from Immaculate School students. We are not closing the library. Wants staff to understand how much we appreciate the creative ways they look for funds and grants. Encouraged thetas to look for more grants. Nawrocki Property taxes are high in Columbia Heights -compare on the county web site, we are in the upper 1/3`d. Explained LGA. Asked for comments on the refuse and recycling contract. Believe public business is best handled in a public setting. Staff has a responsibility to make the recommendation with pros and cons and Council. to make the decision. Peterson • Stated pride in our staff and pride in Columbia Heights as we move forward. • Thanked the visitors from St. Thomas College. • Remember our service men and women. • Don't take yourself too seriously and do a random act of kindness. ADJOLnZNMENT Mayor Peterson adjourned the meeting at 10:05 p.m. ~~~ ~.. -r,~-._~.._. tricia Muscovitz Civ1C City Clark RESOLUTION N0.2009-48 BEING A RESOLUTION ACCEPTING THE FEASIBILITY REPORT FOR. THE 2009 WATER MAIN CLEANING AND LINING PROGRAM AND ORDERING THE PUBLIC IMPROVEMENTS CITY PROJECT-NO. 0903 WHEREAS, the City Council has initiated. a water main cleaning and lining program under the City of Minneapolis' annual cleaning and lining program. REAS, a report has been prepared by the Director of Public Works with reference to the 2009 Water Main Cleaning and Lining Program, and REAS, the 2009 Water Main Cleaning and Lining Program includes the following main segments: Innsbruck Parkway: Pennine Pass to Stinson Boulevard; Pennine Pass: North Upland Crest to Argonne Drive; Stinson Boulevard: North Upland Crest to Chalet Drive; Chalet Drive: Pennine Pass to Stinson Boulevard; 2"`~ Street: 44'h to 45'h Avenues; 2'h Street: 44`h to 45"' Avenues; and 3`d Street: 44`h to 45`'' Avenues. REAS, the report provides information regarding whether the proposed project is feasible, necessary and cast effective, and Said. report is hereby received by the City Council of Columbia Heights on April 13, 2009. City Council Minutes Monday, April 13, 2009 Page 1 I of 13 NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA 1. The Council will consider the improvement of such water mains in accordance with the report and the assessment of water services to abutting or benefited property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $163,500. 2. Such improvement is necessary, cost-effective, and feasible. 3. Such improvement is hereby ordered as proposed in the Council Resolution adopted. 13th of April, 2009, 4. These improvements shall also be known as Project No. 0903 5. The City Engineer, Kevin Hansen, is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. RESOLUTION N0.2009-40 RESOLUTION CORRECTING AN INCONSISTENCY IN THE POLICE DEPARTMENT'S 2009 DETAIL BUDGET BOOK, FUND 270 WHEREAS, the Columbia Heights Police Department's detail budget book Comments page (page 4) discusses a Community Programs Fund total of $20,000; and WHEREAS, the Columbia Heights Police Department's detail budget book Summary by Class page (page 7) shows a revenue total of $10,000 and expenditure total of $5,700; and WHEREAS, we have been advised by the City's Finance Department that the dollar amounts on page 7 were the ones included in the 2009 adopted budget; and WHEREAS, it was the intention of the Police Department for the Community Programs budget to be $20,000; and WHEREAS, it requires a resolution of the City Council to correct this inconsistency: NOW, THEREFORE, BE IT RESOLVED that fund 270, Police Community Programs, be adopted as $20,000 for the budget year 2009. ORDINANCE NO. 1558 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005, REGARDING ABOLISHING THE POLICE AND FIltE CIVIL SERVICE CONIlVIISSION The City of Columbia Heights does ordain: Chapter 3, Article III, Section 3.304 of the Columbia Heights City Code, which currently reads as follows: 3.304 POLICE AND FIItE CIVIL SERVICE COMNIISSION: (A} The Joint Police and Fire Civil Service Commission is hereby established pursuant to the provisions of M.S. Chapters 419 and 420, as they may be amended from time to time. Said statutes including all amendments thereto, are hereby adopted by reference and made a part of this code as if fully set forth herein. (B) The Commission. shall consist of three members who shall be appointed for staggered terms of three years so that the term of one Commissioner will expire each year. Appointments shall be made by the Mayor. (C) The Commission shall establish rules, regulations and procedures as are necessary and required. by law to carry out its duties and functions relating to the appointment, promotion, discharge, and suspension of Police and Fire Department personnel. (D) For purposes of this section, any provision of this code that is inconsistent with the provisions of M.S. Chapters 4I9 and 420, as they may be amended. from time to time, shall. be interpreted and construed as superseded by said statutes with respect to the composition and operation of the Commission. is hereby repealed in its entirety. T his Ordinance shall be in full force and effect from and after thirty (30) days after its passage. RESOLUTION N0.2009-46 RESOLUTION ORDERING AND LEVYING ONE ALLEY LIGHT PIR 677-42 Adopting assessment roll according to the City Charter for the following local improvement and determining t17at said improvement will be made and ratifying and confirming all other proceedings, heretofore had Special Assessment for aIley light area numbered 677-42 VVH7EREAS, the City Council of the City of Columbia Heights, Minnesota, met at 7:00 p.m. on the 13`h day of April, in the City Council Chamber, S90 40`'' Avenue N.E. Columbia Heights, Minnesota, being the time and place set when and. where all persons interested could appear and be heard by the Council with respect to benefits, and to the proportion of the cost of making the local City Council Minutes Monday, April 13, 2009 Page 12 of 13 improvement above described, a notice of such hearing having been heretofore duly published as required. by law, and a notice mailed to each property owner of record, stating the proposed amount of the assessment; and, WHEREAS, this Council has heretofore estimated the cost of such local. improvement and has prepared an assessment roll therefore, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA Section 1. That this Council does hereby adopt the aforesaid assessment roIi known and described as "Assessment Roll for Local Improvements" numbered 677-42 for alley lighting. Section 2. That this Council hereby finds and determines that each of the lots and parcels of land enumerated in said assessment roll was and is especially benefited by such improvements. This Council further finds and determines that the proper proportion of the cost of such improvement to be especially assessed against each lot or parcel of land is the amount as billed annually by Xcel Energy Company. Section 3. That the assessment will be added to the utility bill prepared and mailed by the City of Colwnbia Heights to property owners or occupants on record with the Finance Department. Section. 4. This resolution shall take effect immediately upon its passage. RESOLUTION 2009-42 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 Dan Busse (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1037 Gould Avenue N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on March 17, 2009. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on March 6, 2009 the Fire Deparhment notified the property owner of open windows on the property and that the Fire Department had given him ample time to board the windows up. The Fire Department sent a compliance order to the registered owner of the property at the address listed in the Anoka County Property Records database. 2. That on March 17, 2009 the Fire Department sent a Statement of Cause to the registered owner of the property at the address listed in the Anoka County Property Records database. 3. That on April I, 2009 inspectors returned and noted that windows were still open. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s} were found to exist and have been abated, to wit: Approve the immediate abatement of the hazardous situation located at I03 7 Gould Avenue N.E. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearr`ng 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 1037 Gould Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case ,nay be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL I. The property located at 1037 Gould Avenue N.E. constitutes a nuisance pursuant to City Code. 2. That a espy of this order s17all be served upon all relevant parties and parties in interest. RESOLUTION NO. 2009-44 RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE ZONE 4 STREET REHABILITATION AND ALLEY RECONSTRUCTION CITY PROJECT NO. 0902 TO C AND L EXCAVATING City Council Minutes Monday, April 13, 2009 Page 13 of 13 WHEREAS, pursuant to a n advertisement for bids for City Project No. 0902, Street Rehabilitation and Alley Reconstruction Improvements, eight bids were received, opened and tabulated according to law. The following bi ds were received complying with the advertisement: Bidder Base Bid Alt. 1 Alt. 2 Alt. 3 Alt. 4 Alt. 5 Alt. 6 C and L Excavating $ 423,118.60 2,712.50 17,720.00 (13,584.00} 32,113.00 13,228.35 9,422.00 Rum River $ 425,449.73 3,708.00 15,819.80 (14,387.72) 36,710.45 13,109.40 10,111.85 Midwest Asphalt $ 441,035.67 3,537.50 19,355.00 (13,187.80) 36,661.30 18,612.50 9,463.25 Kuechle Underground $ 443,286.35 3,085.60 2I,980.G0 (25,311.52} 32,199.00 15,253.00 9,750.00 Bituminous Roadways $ 476,134.95 6,180.00 20,200.00 (11,421.88) 41,629.35 18,049.20 12,320.50 North Valley $ 483,357.88 2,607.50 15,440.80 (26,573.70) 42,865.30 15,880.45 8,165.50 SR Wiedema $ 495,042.60 3,630.50 21,028.00 (13,01.8.00) 40,452.70 13,742.25 7,856.25 Hardrives, lnc. $ 517,193.56 3,399.50 18,421..00 (21,915.52) 44,850.35 15,358.76 10,881.35 WHEREAS, it appears that C and L Excavating, 7939 Ridgewood Rd, St Joseph, MN 56374 is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: t. The Mayor and City Manager are hereby authorized and directed to enter into a contract with C and L Excavating in the name of the City of Columbia Heights, for the 2009 Zone 4 Street Rehabilitation and Alley Reconstruction Improvements, City Project No. 0902 according to plans and specifications therefore approved by the Council. 2. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made with their bids except the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been signed. 3. City Project 0902 shall be funded with State Aid Funds, General Funds (Infrastructure and Assessments), Sanitary Sewer Construction, Water Construction, and Storrn Water Utility Construction Funds.