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HomeMy WebLinkAboutAugust 10, 2009OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY, AUGUST 10, 2009 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, August 10, 2009 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. Resolutions ntay be found at the ena' of this document. CALL TO ORDER/ROLL CALL/INVOCATION Rev. Ruth Hograbe, Community United Methodist Church, gave the Invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg PLEDGE OF ALLEGL~NCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson removed Resolution 2009-112, in that the property has met the code requirements. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Introduction of our visiting Polish Students and their Chaperones Mayor Peterson indicated we are entertaining nine students and two chaperones from Lomianki, Poland, our Sister City. Chaperone Kasia Senkiewicz thanked everyone for the hospitality of the Sister City Committee, the host families, and the city. Introductions and "thank you's" were given by the students. Students in attendance were: Agata Paplinska, Jakub Werder, Jakub Zawadzki, Julia Hajdacka, Konrad Jagodzinski, Marta Sucharska, Monika Duriasz, Roch Stefaniak, Zuzia Zalewska. Polish Student Chaperons were Kasia Senkiewicz and Bozena Lisowska. CONSENT AGENDA Nawrocki requested to remove items A, C, E, F, G. and H for discussion. City Manager Walt Fehst took Council members through the remaining Consent Agenda items. A. Approve Minutes of the July 27, 2009 City Council meeting. -removed B. Accept minutes of the Columbia Heights Boards and Commissions Motion to accept the March 30, 2009 minutes of the Housing and Redevelopment Authority. Motion to accept the August 5, 2009 minutes of the Planning and Zoning Commission. C. Approve purchase of an AS400 Computer and Installation from Affiliated Computer Services Inc. (ACS -removed D. Transfer of funds from General Fund to the Police Department budget to reimburse the overtime fund. Motion to transfer $4,360.00 received from CHHS and Unique Thrift Stores and $2,432.17 received from the Nightcap grant for our participation in the Anoka County DWI Task Force from the General Fund to the Police Department 2009 Budget line item 1020, Police Overtime. E. Adopt Resolution 2009-115 authorizing the execution. of agreement and participation in the Safe and Sober communities rg ant program -removed City Council Minutes Monday, August 10, 2009 Page 2 of 16 FA Authorize School Liaison Officer Contract with School District #13 for 2009-2010 -removed G. Establish date for 2009 Public Special Assessment Levy Hearing for: Zone 1C and 3B Seal Coat Program, Zone 4 Street Rehabilitation and Alley Reconstruction, and Delinquent Accounts. - removed H. Approval of the attached list of rental housing license applications, as they have met the requirements of the Property Maintenance Code. -removed Ia Approve Business License Applications Motion to approve the items as listed on the business license agenda for August 10, 2009 as presented. Approve Payment of Bills Motion to approve the payment of bills out of the proper funds as listed in the attached register covering Check Number 131258 through Check Number 131400 in the amount of $1,536,716.56. Motion by Nawrocki, second by Diehm, to approve items B, D, I, and J on the Consent Agenda. Upon vote: All ayes. Motion carried. Items removed for discussion: A. Approve Minutes of the July 27, 2009 City Council meeting, Nawrocki indicated that in his statement regarding the Elk River waste plant, the word "would" should be changed to "could". Motion by Nawrocki, second by Williams, to approve the minutes of the July 27, 2009 City Council meeting with. the recommended change. Upon vote: All ayes. Motion carried. C. Approve purchase of an AS400 Computer and Installation from Affiliated Computer Services, Inc. (ACS Bill Elrite, Finance Director, stated the current computer financial system was purchased in 2000, and we have exceeded its useful life expectancy. We have looked at other alternatives, but there is no other effective alternative other than to upgrade the current system at a cost of $30,000. Nawrocki stated this was not a budgeted item. He asked what other funds would be used and will something be removed from the budget to make up the difference. Elrite stated that there is a capital improvement account for equipment replacement. Motion by Kelzenberg, second by Williams, to waive the reading of Resolution 2009-116 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution 2009-116 being a resolution to purchase an AS400 computer and installation from Affiliated Computer Services, Inc. (ACS) at an amount not to exceed $31,000 with a related budget appropriation from Fund 431 Capital Equipment Replacement -General Government. Upon vote: All ayes. Motion carried. E. Adopt Resolution 2009-115 authorizing the execution of agreement and participation in the Safe and Sober communities rg ant program City Council Minutes Monday, August 10, ?009 Page 3 of 16 Police Chief Scott Nadeau stated that we partner with other communities to form a task force for this program. Wages, for special enforcement, are paid through a grant. Motion by Williams, second by Diehm, to waive the reading of Resolution 2009-115, there being ample copies available for the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to adopt Resolution 2009-115 authorizing the execution of agreement and participation in the Safe and Sober Communities grant program. Upon vote: All ayes. Motion carried. F. Authorize School Liaison Officer Contract with School District #13 for 2009-2010 Nadeau stated this has been a long standing agreement to provide a liaison officer for the high school and for the middle school. The middle school officer will be funded one-half by the school and one-half by the city. Nawrocki indicated that when a grant ends, tax payers are expected to pay for the program to continue. Nadeau explained the job description of the middle school liaison officer and the value of the position. Nawrocki requested a report on the quantitative results of the position. Nadeau stated this information is collected for grant reporting. Diehm stated that, as the parent of middle school children, this position has been a great addition. Middle school is a tuff time, with problems like bullying. Having an officer there shows a strong position. Diehm stated that she is a strong supporter of this position. Motion by Diehm, second by Kelzenberg, to authorize the Mayor and Police Chief to enter into a Joint Powers agreement with Columbia Heights Public Schools for the provision of a Police School Liaison Officer program as stipulated in the Joint Powers Agreement for the period of September 1, 2009 through December 31, 2010. Upon vote: All ayes. Motion carried. G. Establish date for 2009 Public Special Assessment Levy Hearing for: Zone 1C and 3B Seal Coat Program, Zone 4 Street Rehabilitation and Alley Reconstruction, and Delinquent Accounts. Nawrocki suggested the hearings be held during the first regular Council meeting in October so it would be televised and all members of the City Council could be present. Diehm stated she has received feedback that people like the hearings at a separate time, as they can learn what they want to know in a less intimating situation. Motion by Diehm, second by Kelzenberg, to establish Monday, October 5, 2009 at 6:00 p.m. as the Public Special Assessment Levy Hearing for City Project #0901 Seal Coat Project, to be held in the City Council Chamber. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. Motion by Diehm, second by Kelzenberg, to establish Monday, October 5, 2009 at 6:20 p.m. as the Public Special Assessment Levy Hearing for City Project #0902 Zone 4 Street Rehabilitation and Alley Reconstruction, to be held in the City Council Chamber. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. Motion by Diehm, second by Kelzenberg, to establish Monday, October 5, 2009 at 6:40 p.m. as the Public Special Assessment Levy Hearing for Delinquent Accounts, to be held in the City Council Chamber. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; City Council Minutes Monday, August l0, 2009 Page 4 of 16 Peterson, aye. 4ayes - 1 nay. Motion carried. H, Approval of the attached list of rental housing license applications, as they have met the requirements of the Property Maintenance Code. Nawrocki stated that there is not a 1200 Polk, and that addresses here are on Polk Place. They should read 1125 and 1035 Polk Place, and 1087 is actually Polk Circle. 1069 is Polk Place and 1043 Polk. is actually Polk Place. Motion by Williams, second by Kelzenberg to approve the items listed, as corrected, for rental housing license applications for August 10, 2009. Upon vote: All ayes. Motion carried. PUBLIC HEARINGS A. A request for a Conditional Use Permit to permit a digital LED dynamic sign at 3701 Central Avenue. Sargent stated that the Council approved a moratorium on signage to clean up language in the City Code. The Code intent was for gas station pylon signs to only display LED gas prices. Before the moratorium an application was filed by Jeff s Bobby and Steve's Autoworld for a conditional use permit (CUP) to utilize their pylon sign with an LED sign. Our City Attorney's legally opinion was that this application would have to be allowed, subject to conditions of our current ordinance. The application was reviewed by the Planning and Zoning Commission (P&Z) on August 9`h, whereby staff recommended approval. Approval failed by a two aye, two nay vote. The Planning Commission sited an unfair advantage to this business if the CUP was granted and it would not be consistent with our Central Avenue Design Guidelines. Sargent clarified the dates of ordinance passage and application submission. Diehm requested staff summarize the P&Z report and read the various requirements. Sargent indicated the proposal is to eliminate the current bottom lines of the pylon sign and replace them with three LED Lines for messages. The ordinance limits the LED size to less than ~0 percent of the sign. This request complies with that and all other requirement. Sargent stated this would not impose any additional difficulties for the area, nor diminish the use of the property, or increase traffic. Staff recommended approval of this permit. Nawrocki stated that Autoworld, the Credit Union, and the State Bank were told to cease and desist with their current signs. Autoworld did not comply. Sargent indicated that the owners were sent several letters regarding this sign. Diehm stated that the Council must refer to the language in our current ordinance and not whether we are allowing an advantage or disadvantage. It is unfortunate that we make a mistake in our ordinance; that was not our intent. Jim Hoeft, City Attorney, stated the need to comply with the existing ordinance. There is a current moratorium to address this and to keep it from happening again. Nawrocki stated that this is a conditional use permit and should be allowed discretion. He indicated that allowing the sign, at this point in time, would not be the best thing to do. Motion by Nawrocki to adopt Resolution 2009-120, denying the Autoworld LED sign request. Dielun questioned the City Attorney regarding City Code requirements for conditional use City Council Minutes Monday, August 10, 2009 Page 5 of 16 permits. Hoeft stated they are discretionary to a point. Courts do strictly follow the 60 day rule. This application meets the list of criteria. This may not be what the Council intended, but is what the current language reads. Peterson called for a second to the motion. Motion died for lack of a second. Motion by Kelzenberg, second by Diehm, to waive the reading of Resolution 2009-119, there being ample copies available to the public. Nawrocki questioned the timing with the moratorium approval. Hoeft explained the 60 day rule and indicated the moratorium has no relevance on this request. Peterson stated that this application came in before the moratorium was put in place. We must abide by our City Code. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Resolution No. 2009-119, approving a Conditional Use Permit for a digital LED sign far Jeff's Bobby and Steve's Autoworld located at 3701 Central Avenue, subject to the conditions outlined in Resolution No. 2009-119. Hoeft indicated that there is no comlection between him and the contracted company, Hoeft Signs. Upon vote: Kelzenberg, aye; Williams, abstain; Diehm, aye; Nawrocki, nay; Peterson, aye. 3 ayes - 1 abstention - 1 nay. Motion carried. B. Approval of a 5-foot front yard setback variance for a monument sign and denial of a 5-foot height variance for a monument sign for 4621 Central Avenue. Jeff Sargent, City Planner, explained the requests for setback variance and monument sign height variance. The applicant is concerned that the monument sign would be blocked by parked vehicles. Staff believes this would not follow our Design Guidelines. The P&Z approved the setback variance and denied the height variance. Nawrocki questioned the square footage of the sign and if they are currently compliant with our sign ordinance. Sargent stated it is 35 square feet and they are in compliance at this time. Nawrocki asked if the past free standing sign complied. Sargent stated that was with a previous owner. The sign was ordered removed, and it was removed over one year ago. No parking stalls will be lost to this sign placement. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution 2009-117, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2009-117, approving a 5- foot front yard setback variance for a monument sign located at 4621 Central Avenue, subject to the conditions outlined in Resolution No. 2009-117. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to waive the reading of Resolution 2009-118, there being ample copies available to the public. Upon vote: Ali ayes. Motion carried. City Council Minutes Monday, August 10, 2009 Page 6 of 16 Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2009-118, denying a 5- foot height variance for a monument sign for Mr. BBQ, located at 4621 Central Avenue because of the lack of a justifiable hardship and because granting the variance would cause potential negative impacts to the public and surrounding properties. Upon vote: All ayes. Motion carried. C. Adopt Resolutions 2009-111, 1140-42 45th Avenue N.E. 2009-112 4901 5th Street N.E. 2009- 113, 4509 Fillmore Street N.E., and 2009-114, 4648 Polk Street N.E. being declarations of nuisance and abatement of violations within the City of Columbia Heights. Resolution 200-112 was removed, as the property was brought into compliance. Assistant Fire Chief John Larkin indicated the abatements were for immediate securing of the properties. Motion by Williams, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution Numbers 2009-111, 11.3, and 114 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution Numbers 2009-111, 113, and 114 being resolutions 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. D. First Reading: Ordinance 1568 re: Repeat Nuisance Call Service Fee Police Chief Scott Nadeau stated the recommended ordinance is patterned after other cities, such as Robbinsdale's, to deal with properties that have repeat calls for crimes quantified in the statute. This ordinance would begin to tine owners after the third nuisance violation in a twelve month. period. Nawrocki questioned single family homes versus multiple units and the criteria for violations. Nadeau stated it is not for the number of calls for service and would not include calls such as domestic abuse, but calls listed by State Statute. This is for grievous conduct, such as repeated contacts for narcotics. Hoeft stated that the standard is set by the Legislature. Nawrocki asked if a citation has to be issued. Hoeft stated no; the citation is at the discretion of the officer. Nawrocki question the owner's right to appeal. Hoeft stated they can appeal to the city council. Motion by Williams, second by Diehm, to waive the reading of Ordinance No. 1568, there being ample 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. 1568 for Monday, August 24, 2009, at approximately 7:00 p.m., in the City Council Chambers. Upon vote: All ayes. Motion carried. E. First Reading: Ordinance 1569 re: Weapons (Facsimile Firearn~s~ Police Chief Scott Nadeau referred to youth concealing facsimile firearms, i.e. replica firearms, BB guns. The ordinance excludes firearms with orange tips. It is not our intention to outlaw air soft guns, but to have the ability to address the carrying of them. Diehm stated this was discussed at a work. session, which included description of a youth with a City Council Minutes Monday, August 10, 2009 Page 7 of 16 fake firearm that we could not charge because it was not real. Sometimes you can not tell the fake from the real, at a distance or up close. Motion by Diehm, second by Williams, to waive the reading of Ordinance No. 1569, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to set the second reading of Ordinance No. 1569 for Monday, August 24, 2009, at approximately 7:00 p.m., in the City Council Chambers. Nawrocki asked if those licensed to carry a firearm are exempt. Nadeau stated yes, but if they are licensed to carry a real firearm they would not carry a facsimile firearm. Hoeft stated that State Statute pre-empts local authority on this. Upon vote: All ayes. Motion carried. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions -none B. Bid Considerations -none C. Other Business 1. Approve professional services agreement for the final design of the Gateway Pedestrian. Brld~e. Hansen stated that five proposals were sent out and four were returned, all of which meet the RFP requirements. The two lowest proposals came in substantially lower than anticipated. Engineering costs were anticipated at seven percent and the two low proposals were five and one-half percent on engineering costs. Based on their proposal and contact with references, SRF is being recommended for the project. Nawrocki asked the city's cost to date and staff time used. Hansen stated $24,000 to Bonestroo and up to $33,000 to Evergreen, which has not all been used. Staff time has not been determined. This will be under funding number 402 and project number 50906. Nawrocki referred to the use of state aid dollars for this project and not available for other projects. Hansen indicated this is state aid construction dollars, not maintenance dollars. Nawrocki questioned the construction supervision cost. Hansen stated it will be about 12 percent of the project cost. The payment of construction and contract administration will be from grant funds. Nawrocki questioned the bridge ramp widths. Hansen indicated that the State wants a 12 foot width, but to keep within the area we have, we are proposing ten feet. Nawrocki questioned easement purchase. Hansen stated that the west side easement is only for construction at $5,000 and the permanent easement on the east side is estimated at $140,000 and would be part of the project cost. Nawrocki questioned the requirement for public involvement. Hansen stated there have been three or four meetings with the City Council and Park and Recreation Commission, and it has been posted on our cable TV, web site, and the library. Public comments have also been solicited and received. Nawrocki requested a copy of the comments. Nawrocki questioned soil boring tests. Hansen stated they are in process. Nawrocki questioned utility relocation costs. Hansen. stated we will not determine that until the preliminary design. Centerpoint lines will be at their expense. There may be water main and fiber optic relocates. Nawrocki again stated this is MNDot's bridge and they should replace it and take on the liability. Nawrocki stated there is still life 111 the existing bridge. Motion by Diehm, second by Williams, to accept the proposal from SRF Consulting Group, Inc. City Council Minutes Monday, August 10, 2009 Page 8 of 16 in the amount of $127,911 for the final design of the Gateway Pedestrian Bridge and furthermore, authorize the Mayor and City Manager to enter into an agreement for the same. Peterson stated that he came across the Camden Bridge today and it is rusting away. If we rely on MNDOT, we will have a long wait. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. 2. Approve the purchase agreement for the property acquisition of 675 37th Avenue, owned by Hilltop Trailer Sales. Hansen stated that the owners approached the city in 2004 regarding acquisition. In 2008 we proceeded to look at different acquisition options, such as bonding or a contract for deed. In terms of need to own the property, the PCA will soon require site improvements with a storm water ponding area, materials storage for our projects and water main breaks, and winter sand storage. Staff proposes Council consideration of purchase for May of 2010, when payments would begin. A $100,000 down payment was budgeted in 2009 and monthly payments would be $9,164. Staff looks to fund most of the monthly payments with cell tower proceeds and the rest through the public works budget. Diehm stated this has been a tough issue, which has been discussed at work sessions. The Public Works Department is anxious to have this properly. Diehm indicated she did not feel she could support this purchase, as she does not agree with the price. The taxable value is $220,000. Other property owners are indicating they can not sell their property for the taxable value. Diehm indicated her understanding of the risk that the owner may not be willing to deal with us in the future. Nawrocki agreed with Diehm's comment on the price. The property was bought ten years ago for $160,000 and has limited value. It would work for us, but if the owner wants to get someone else to build on the property the soils might not be sufficient. The current use of the property does not meet code to store vehicles, as it is not hard surfaced. The price is way too high. Hansen stated with current operations we still have the need for space and currently use the old NEI property. Peterson stated it is unfortunate, as the city owned this land at one time. Peterson stated the city needs this property. Hansen stated that staff did negotiate with the owners.. Nawrocki questioned if this offer was still. valid because of the date indicated. Hansen stated that it was still acceptable. Peterson stated that the owners are nice gentleman that are only looking out for themselves. Motion by Nawrocki to terminate discussion on purchase of 675 37th Avenue, at the indicated price. Diehm stated her preference that there would be no such motion. Peterson called for a second to the motion. Motion died for lack of a second. Motion by Kelzenberg, second by Peterson, to authorize the Mayor and City Manager to enter into a purchase agreement for the acquisition of 675 37th Avenue, owned by Hilltop Trailer City Council Minutes Monday, August ] 0, 2009 Page 9 of 16 Sales. Nawrocki indicated that we are telling our property taxpayers how tight things are, and this would suggest bonding for the purchase. Upon vote: Kelzenberg, nay; Williams, abstain; Diehm, nay; Nawrocki, nay; Peterson, aye nays - 1 aye - 1 abstain. Motion failed. 3. Adopt Resolution No. 2009-121. ition of 675 37"' Avenue NE -removed 4. Appointments to vacant Board and Commission positions. Removed ADMINISTRATIVE REPORTS Report of the City Manager Nawrocki questioned action on the past discussion of a neighborhood meeting in the area of the new adult foster care facility. Fehst stated that in a follow up discussion with neighbors, they found that the owners were not interested in meeting with them. Nawrocki indicated concerns on the property maintenance of Grand Central Lofts. Report of the City Attorney -nothing to report CITIZENS FORUM Randy Mann, 2421 North Fourth Street, explained his invention of a vehicle that runs on compressed air and the future need of generating air power and docking stations. Nawrocki suggested he speak to the city engineer. Donna Schmitt, 4260 Tyler Street, stated that as a Planning and Zoning Commission member, she voted against approval of the LED sign request because it would not follow our Comprehensive Plan and Design Guidelines. She referred to this being an unfair advantage over other businesses and her understanding that this was a mistake in the zoning ordinance. Roger Strom, 690 47 i/2 Avenue, stated that he has a very large boulevard maple tree that is dying. He has asked the Public Works Department many times to trim it, but nothing has been done. Nawrocki stated he discussed this with Hansen and was told they will do so when all tree trimming is done. COUNCIL COP;NER Kelzenberg • National Night Out was a great success - 48 parties were held and attended by 13 officers and 1,200 citizens. Commended our citizens for their participation • Commended the library for the 875 participants (highest in 40 years) in their summer program. This month broke gate count records. Fehst stated this is in spite of their reduced hours. The Library is doing a great job. • SAGA received donations from the Police/Fire softball games. We lost to Fridley and the Girls Fast Pitch won their game, of course. City Council Minutes Monday, August 10, 2009 Page 10 of 16 Williams Diehrn • Happy to see we passed the program for our pedestrian bridge and we are fortunate to receive funds to replace it. The current bridge does not meet ADA requirements. • Part one crimes are down 21 percent, year to date. Part two crimes are also down. Our Police Chief is doing a great job. The nuisance calls ordinance is also very important. Asked when the public safety building will open. Nadeau indicated October 3rd. There may be an open house for public prior to move in, for safety reasons. The building is beautiful and is coming along wonderfully. Nawrocki • Public safety building -taxpayers will pay $600,000 a year for this building. • Heights Happenings newsletter -did not see any meaningful changes in the budget article in the second draft. • Anoka County Union states that Anoka proposes a zero tax increase. Suggested we look at how they propose to do that. Continues to have concerns about property tax increases. Fehst stated that the four year plan has no increase in expenditures next year, other than union contracts already settled. Fehst again commended our employees for taking a two week furlough. Peterson • Fridley has had lower tax increases over the years and now has a problem going to the taxpayers to increase their levy limit. • Bricks are still for sale, to build our statue. The fund is at $28,000 of the $55,000 needed. • The next fundraiser will be a pig roast/corn feed/bingo event on September 20. • Buy a commemorative coin from any police officer or firefighter. • The public safety building is coming along very nicely. Doc Smith is doing a fantastic job. • Don't for get our service men and women. - include them in your prayers. Patty Muscovitz's son is now heading to Afghanistan; please keep him in your prayers. • Don't take yourself too seriously and do a random act of kindness. ADJOURNMENT Mayor Peterson adjourned the meeting at 9:45 p.m. Patricia Muscovitz CMC City Clerk RESOLUTION N0.2009-116 BEING A RESOLUTION TO PURCHASE AN AS400 COMPUTER AND INSTALLATION FROM AFFILIATED COMPUTER SERVICES, INC WHEREAS, the City of Columbia Heights has determined the need to replace certain existing obsolete lBM computer equipment; and WHEREAS the vendor Affiliated Computer Services, Inc (ACS) is the only vendor uniquely qualified to install and configure such IBM equipment specifically to operate ACS software; and City Council Minutes Monday, August ] 0, 2009 Page 1 l of 16 WHEREAS, the City has obtained a quote for replacement equipment from ACS, at a price below the established State of Minnesota Purchasing Contract price available directly from IBM; and WHEREAS, the City has accumulated and designated funds for this replacement over a number of years in Fund 431 Capital Equipment Replacement -General Government; therefore BE IT HEREBY RESOLVED by the City Council of the City Of Columbia Heights, that the City of Columbia Heights authorizes the City Manager to enter into a purchase agreement for an AS400 computer and installation from Affiliated Computer Services, Inc. (ACS) at an amount not to exceed $31,000, with a related budget appropriation from Fund 431 Capital Equipment Replacement -General Government. RESOLUTION N0.2009-115 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT AND PARTICIPATION IN THE SAFE AND SOBER COMMUNITIES GRANT PROGRAM WHEREAS, the City of Columbia Heights Police Department shall enter into grant agreements with the Minnesota Department of Public Safety, Office of Traffic Safety, for the project entitled Safe & Sober Communities during the period October 1, 2009 through September 30, 2012; and. WHEREAS, that the Coon Rapids Police Department is hereby authorized to be the fiscal agent and administer this grant on behalf of the Columbia Heights Police Department. NOW, THEREFORE BE IT RESOLVED that Chief Nadeau of the Columbia Heights Police Department is hereby authorized to execute such agreements and amendments as are necessary to implement the project entitled Safe & Sober Communities on behalf of the Columbia Heights Police Department. RESOLUTION N0.2009-119 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR JEFF'S BOBBY AND STEVE'S AUTOWORLD FOR A DYNAMIC LED DISPLAY SIGN WITHIN THE CITY OF COLUMBIA HEIGHTS WHEREAS, a proposal (Case #2009-0801) has been submitted by Jim Hoeft Signs to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 3701 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 August 5, 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 any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and. intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. 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 inunediate vicinity. City Council Minutes Monday, August 10, 2009 Page 12 of 16 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 L) calenda~~.year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. The dynamic LED signs may occupy no more 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. 5. The images and messages displayed must be complete in themselves, without continuation 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 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. RESOLUTION N0.2009-117 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR MR. BBQ WHEREAS, a proposal (Case # 2009-0802) has been submitted by Mr. BBQ to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 4621 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 5-foot front yard setback variance for a monument sign per Code Section 9.106 (P)(12)(a) 3. WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on August 5, 2009; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and. risk to public safety, in the surrounding area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: 1. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, where strict adherence to the provisions of this Ordinance would cause undue hardship. 2. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. 3. The difficulty or hardship is caused by the provisions of this Ordinance and has not been created. by any person currently having legal interest in the property. 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. City Council Minutes Monday, August 10, 2009 Page 13 of 16 5. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, ase, development or value of property or improvements in the vicinity. FURTHER, BE IT RESOLVED, that the attached plans, maps, and other information shall become part of this variance and approval; and in granting this variance the city and the applicant agree that this variance shall become null and void if the project has not been completed within one (1) calendar year after the approval. date, subject to petition for renewal of the permit. CONIDTIONS ATTACHED: 1. All application materials, maps, drawings, and descriptive information submitted. with the application shall become part of the permit. 2. The base of the monument sign will be constructed of a masonry or brick base to match the principal structure. 3. The applicants will obtain a building permit for the sign prior to construction of the monument sign. 4. Appropriate landscaping anal curbing shall be installed around the monument sign to help protect on-site vehicular traffic. RESOLUTION N0.2009-118 DENIAL OF A 5-FOOT HEIGHT VARIANCE FOR A MONUMENT SIGN FOR 4621 CENTRAL AVENUE WHEREAS, a proposal (Case # 2009-0802) has been submitted by Mr. BBQ to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 4621 Central Avenue LEGAL DESCRIPTION: On File at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 5-foot height variance for a monument sign per Code Section 9.106 (P)(12)(a) 3. WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on August 5, 2009: WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council does accept and shall adopt the following findings of the Planning Commission: I. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, where strict adherence to the provisions of this Ordinance would cause undue hardship. There is a lack of hardship needed to support the variance. 2. The conditions upon which the variance is based are unique to the specific parcel of land. involved and are generally not applicable to other properties within the same zoning classification. Although every property along Central Avenue in the General Business District is unique in its layout, there are very few properties in which the only location of a monument sign would be directly abutting and adjacent to parking stalls. 3. The difficulty or hardship is caused by the provisions of this Ordinance and has not been created. by any person currently having legal interest in the property. There is a lack of hardship needed to support the variance. 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. The intent of the Comprehensive Plan is to promote the economic vitality of the City. Granting the variance request would assist in achieving this goal. 5. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. A 5-foot height variance is too extreme and would cause a disproportional view of the property, causing material detriment to the public welfare. FURTHER, BE IT RESOLVED, that said variance request is denied based on the following: I . There is a lack of viable hardship to justify the requested variance. 2. Granting the variance would permit a structure that would be disproportionate to the remainder of the property and would be materially detrimental to the public welfare. City Council Minutes Monday, August 10, 2009 Page 14 of 16 RESOLUTION 2009-111 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 Mortgage Electronic Registration Systems (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal. owner of the real properly located at 1 140-1 142 45`h Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article Il, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular marl to the owner of record on July 23, 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 July 23, 2009 the Fire Department responded to a long grass complaint at the address listed above. Inspectors found the structure unsecured and vacant/abandoned. The Fire Chief declared the building a nuisance in accordance with City Code and ordered an immediate abatement and that the building be secured. The property is on the City's abandoned property list. The Fire Chief ordered DuAll Services to responded to the scene and secure the building with plywood. 2. That on Juiy 23, 2009 DuAll Services responded to the address and secured the building to prevent unauthorized. access to the building. 3. That on July 2~, 2009 the Fire Department sent statement of cause to all registered owners of the property at the addresses listed in the Anoka County Property Records database.. 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 1140-42 45`x' 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 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 1140-42 45`h 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 may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 1140-42 45`h Avenue N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2009-113 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 ECM Mortgage Corporation (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4509 Fillmore 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 July 15, 2009. Now, therefore, in accordance with the foregoing, and. all ordinances and regulations of the City of Colwnbia Heights, the City Council of the City of Columbia Heights Makes the following: City Council Minutes Monday, August 10, 2009 Page 15 of 16 FINDINGS OF FACT 1. That on July 15, 2009 the Fire Department responded to a complaint at the address listed above. Inspectors found the structure unsecured and vacant/abandoned. The Fire Chief declared the building a nuisance in accordance with City Code and ordered an immediate abatement and that the building be secured. The property is on the City's abandoned property list. The Fire Chief ordered DuAll Services to responded to the scene and secure the building with plywood. 2. That on July I5, 2009 DuAll Services responded to the address and secured the building to prevent unauthorized access to the building. 3 e That on July 15, 2009 the Fire Department sent statement of cause to all registered owners of the property at the addresses listed in the Anoka County Property Records database.. 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 4509 Fillmore Street N.E. 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 4509 Fillmore Street N.E. is in violation of the provisions of the Colmnbia 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 4509 Fillmore 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. RESOLUTION 2009-114 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 William T. Wall (Hereinafter "Owner of Record"). Whereas, the owner of record. is the legal. owner of the real property located at 4648 Polk 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 July 21, 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 July 21, 2009 the Fire Department responded to a complaint at the address listed above. Inspectors found the structure unsecured and vacant/abandoned. The Fire Chief declared the building a nuisance in accordance with City Code and ordered an immediate abatement and that the building be secured. The property is on the City's abandoned property list. The Fire Chief ordered DuAll Services to responded to the scene and secure the building with plywood. 2e That on July 21, 2009 DuAll Services responded to the address and secured the building to prevent unauthorized access to the building. 3. That on July 21, 2009 the Fire Department sent statement of cause to all registered owners of the property at the addresses listed in the Anoka County Property Records database.. 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 4648 Polk Street N.E. 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 City Council Minutes Monday, August 10, 2009 Page 16 of 16 1. That the property located at 4648 Polk 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 ali 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 4648 Polk 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.