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HomeMy WebLinkAbout01/25/2010OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING JANUARY 25, 2010 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, January 25, 2010 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Pastor Ruth Hograbe, Community United Methodist Church, gave the Invocation. Present: Mayor Peterson, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg Absent: Councilmember Williams PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson added to the Consent Agenda SACA's request far a Charitable Gambling Permit. Nawrocki requested to add: pedestrian bridge report, Council President, Always on Guard luncheon, and K-mart proposal to change condos to rental housing. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, OUNCEMENTS, GUEST5 A. Recognition of Charter Commission Service -Barbara Gertsema Peterson thanked Barb Gertsema for her service to our community. She was unable to be present at the meeting. Diehm indicated upcoming community events: Saturday, January 30cn Pancake Breakfast fundraiser for Girls Basketball at Applebee's; February 1 SAGA spaghetti dinner fundraiser at Murzyn Hall, March 1 Empty Bowls fundraiser at Murzyn Hall, and February 14t~' graduating class All Night Party fundraiser trip to Turtle Lake Casino. Nawrocki. indicated that the Columbia Heights Lions Club Sweetheart Dance will be held on February 13`h at Murzyn Hall. CONSENT AGENDA Nawrocki requested to remove items C, D, E, F, and K for discussion. City Manager Walt Fehst took the Council members through the Consent Agenda items: A. Approve minutes of the City Council meeting Motion to approve the minutes of the January 11, 2010 City Council meeting. B. Accept minutes of the Columbia Heights Boards and Commissions. Motion to accept the December 2, 2009 minutes of the Library Board. C. Establish Public Hearing -Cable Rates -remove D. Adopt Resolution 2010-09 being a resolution accepting the feasibilityport for Zone 5 Street Rehabilitation and orderi~ the Public hnprovement Hearing, City Project No. 1.002. -remove City Council Minutes Monday, January 25, 2010 Page 2 of 8 E. Adopt Resolution 2010-10 being a resolution accepting the feasibilityreport for Zone 4 Street Seal Coat and ordering the Public Improvement Hearing, City Project No. 1001. -remove F. Authorization to seek bids for 2010-2011 Dutch Elm Oak Wilt Emerald Ash Bore diseased and hazardous tree removal program. -remove G. Approve Public Works blanket orders for 2010 purchases Motion approval to authorize staff to process blanket purchase orders in an amount not-to- exceed the 2010 budget amounts far: • De-icing salt for salt/sanding operations purchased off the State of MN Purchasing Contract Fuel (unleaded and diesel} far City Vehicles from the State of MN Purchasing Contract and the Anoka County Cooperative Agreement. • Bituminous Asphalt for patching/paving City streets and alleys from Commercial Asphalt, or Bituminous Roadways or C.S. McCrossan. • Curb stop and service repairs, for delinquent accounts and foreclosed properties performed on an annual basis. H. Approve leasing of municipal water tower space for Clear Wireless LLC antennas} Motion to authorize the Mayor and City Manager to enter into a lease agreement with Clear Wireless LLC for the use of designated space at the City's Water Tower, 3700 Stinson Boulevard. I. Approve transfer of funds for Safe and Sober and AHDTF Overtime from General Fund to Police Department Budget Overtime Line #1020 Motion to transfer $942.08, the amount of money received from Coon Rapids as reimbursement for overtime worked from our participation on the Safe and Sober program, and $1,200, the amount of money received from Anoka County as partial reimbursement for overtime worked by our member in the Anoka/Hennepin Drug Task Force for the fourth quarter of 2009, from the General Fund to the 2010 Police Department Budget line 1020, Overtime. Approve Business License Applications Motion to approve the items as listed on the business license agenda for 3anuary 25, 2010 as presented. K. Approve payment of the bills -remove ADD ON: Approve application for Charitable Gambling Permit for SACA 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 charitable gambling activities to be conducted by Southern Anoka Community Assistance (SACA) at Murzyn Hall, 530 Mill Street, Columbia Heights, MN, on February 1, March 1, and September 18, 2010. Also, that the investigation fee of $25 be waived; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing body. Nawrocki questioned the correction on the cell tower cover sheet. Kevin Hansen, Public Works Director, indicated that he removed the name of Verizon that was included accidently. Dielun requested that wireless leases inchide the requirement to remove structures when. the lease expires. Hansen stated that is currently included for free standing towers and can be included for antennas on water towers. City Council. Minutes Monday, January 25, 2010 Page 3 of 8 Nawrocki questioned if the massage license had been run through the Police Department. Fehst will check on this. Motion by Diehm, second by Kelzenberg, to approve the Consent Agenda items with the exception of items C, D, E, F, and K. Upon vote: All ayes. Motion carried. C Establish Public Hearing -Cable Rates Nawrocki indicated this is only for basic rates and the city does not have authority over the rest of the service Comcast provides. Fehst stated this is only to establish the hearing date. Motion by Diehm, second by Kelzenberg, to establish a public hearing date of Monday, February 22, 2010, at 7:00 p.m. or as soon thereafter as possible, to permit interested persons an opportunity to express their views on the basic services programming and equipment rates and installation charges Comcast calculated in its March, 2009, rate filing. Upon vote: All ayes. Motion carried. D. Adopt Resolution 2010-09 being a resolution accepting the feasibilityreport for Zone 5 Street Rehabilitation and ordering the Public Improvement Hearing, Cit~ject No. 1002. Hansen stated there will be a public information meeting about ten days prior to the public hearing. The area of work will be between Central and University Avenues from 44t" to 48`". This is the second round of street work in these areas and is anticipated to be mostly seal coat or mill and overlay work. Motion by Diehrn, second by Kelzenberg, to waive the reading of Resolution 2010-09, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution 2010-09 being a resolution accepting the feasibility report far Zone 5 Street Rehabilitation and ordering the Public Improvement Hearing on March 1, 2010, City Project No. 1002. Upon vote: A11 ayes. Motion carried. E. Adopt Resolution 2010-10 being a resolution accepting the feasibilityreport far Zane 4 Street Seal Coat and ardering the Public Improvement Hearing, City Project No, 1001, Hansen stated there will be hearings at 6:00 p.m. and 6:20 p.m. on March 1 S`. Nawrocki questioned what the proposed assessment would be. Hansen stated that the feasibility report proposed assessments are in the $1,700 per unit range for mill and overlay and $294 for seal coating, and are about the same as 2009. Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution 2010-10, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution 2010-10 being a resolution accepting the feasibility report for Zone 4 Street Seal Coat and ordering the Public Improvement Hearing on March 1, 2010, City Project No. 1001. Upon vote: All ayes. Motion carried. F. Authorization to seek bids for 2010-2011 Dutch Elm Oak Wilt Emerald Ash Bore diseased tree and hazardous tree removal pro rg am. Nawrocki asked if a study has been done on the number of diseased trees have we? Hansen stated there has not been a survey done, other than we have 500 Elin trees remaining. We have between 3,000 and 5,000 ash trees. There are some effective items to fight Emerald Ash. Bore. Nawrocki asked if this disease has been seen it in our community. Hansen stated that we keep looking and if City Council Minutes Monday, January 25, 2010 Page 4 of 8 we see Ash trees in stress we remove them and send samples to the state. Motion by Diehm, second by Kelzenberg, to authorize staff to seek bids for the 2010-2011 Dutch Elm, Oak Wilt, Emerald Ash Bore Diseased Tree and Hazardous Tree Removal Program. Upon vote: All ayes. Motion carried. K. Approve payment of the bills Nawrocki requested to receive more information on the following checks: 133369 AID Electric Service $5,059.05, 133302 Classic Box lunches $29.32, 133305 Don Salverta $875.09, 133402 Evergreen Land Service $1,190.00 (Hansen stated that is part of the project cost far the pedestrian bridge), 133418 Verdin Clacks $590 (Fehst stated that is a two year service contract}, 133467 Trigeo Network Security $6,334.00, and 133423 Jeff's Bobby and Steve's Auto $162.50. Nawrocki requested the number of towing calls last year and if there were any overcharges involved. Fehst stated there was one instance of overcharging for storage, which was corrected. Motion by Diehm, second by Kelzenberg, to approve the payment of bills out of the proper funds as listed in the attached register covering Check Number 133212 through Check Number 133473 in the amount of $2,763,727.65. Upon vote: All ayes. Motion carried. PUBLIC HEARINGS A. 2nd Reading of Ordinance 1575, being a Zoning Amendment as it relates to LED suns for Motor Fuel Stations Motion by Kelzenberg, second by Diehm, to waive the reading of Ordinance No. 1575, being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Ordinance No. 1575, being an ordinance amending Ordinance No. 1490 City Code of 2005, relating to signage in the Design Overlay District within the City of Columbia Heights. Upon vote: All ayes. otion ca 'ed. 7. ITEMS FOR CONSIDERATION A . Other Ordinances and Resolutions -none B. Bid Considerations 1. Approve Capital Equipment replacement of Unit #45: Ford sin~-le axel 35,000 GVW dump truck and attachments, from the State of Minnesota purchasing contract. Hansen stated this is a budgeted item to replace the last of our old dump trucks. It is a 1987 unit and parts for the unit and chassis are no longer stocked. It is proposed to replace the unit in-kind with plowing, sanding, and brine unit. This price is from the state of MN purchasing contract, which ends at the end of the month. They anticipate about an 8 percent increase. Nawrocki asked if we checked with other suppliers to compare costs. Hansen stated that our shop supervisor does comparison shopping. Motion by Kelzenberg, second by Diehm, to purchase from the State of Minnesota Purchasing Contract the Capital Equipment Replacement of Unit #45 Ford single axle 41,000 GVW dump truck. chassis from Astleford International of Minneapolis in the amount of $68,407; and purchase the dump box, reversible front plow, belly plow, wing plow, brine tanks and sander from Towmaster of Litchfield, Minnesota, in the amount of $80,163 for a total price of $148,570; plus sales tax. Nawrocki indicated that the bids were under the amount budgeted. City Council Minutes Monday, January 25, 2010 Page 5 of 8 Upon vote: All ayes. Motion carried. 2. Approve Capital Equipment replacement of Unit #296: Trackless MT tractor including snow plow and angle broom attachments from the State of Minnesota Purchasing1contract. Hansen stated that pictures of the unit were included in the packet. This is a center articulating unit and was budgeted in 2008 and 2009 and was delayed due to budget issues. The MT Trackless is multiple purpose, with a snow blower and plow, milling attachment for summer and a deck mower. This is also a replacement in-kind keeping the attachments that are still good. This is also below the budgeted amount and off the State contract. Motion by Kelzenberg, second by Diehm, to purchase from the State of Minnesota Purchasing Contract the Capital Equipment Replacement of Unit #296 Trackless MT Tractor equipped with angle snowplow and snow blower attachments from MacQueen Equipment, Inc. in the amount of $120,836 plus sales tax. Upon vote: All ayes. Motion carried. C. Other Business -none Hansen stated the bridge bid opening was last Thursday. The engineer's estimate for the project was $2,450,000. There were seven bidders, a high number, and the low bid was 20 percent under the estimate. State authorization is required before bringing this to the city council, which should be at the first or second meeting in February. The apparent low bidder is CS McCrossan. Peterson asked if this project can start in April. Hansen stated there is an estimated April start and completion by the end of October. Peterson questioned what the city's contribution would be. Hansen stated there are eligible and ineligible items under state and federal.rules. By federal rule, the bridge removal is a local cost. Items not eligible for funding have been reduced from $150,000 to $100,000. Nawrocki stated our local costs were to be up to $450,000. Has this been reduced? Hansen stated we are currently looking at funding $340,000. Actual numbers should be ready this week. It locks like the total city construction related costs should be about $100,000. Nawrocki stated there is $200,000 of state aid budgeted for this. Where will the rest come from? Hansen stated there were funds budgeted in 2009 and 2010 and will come from the construction allotment of state aid. ADMINISTRATIVE REPORTS Report of the City Manager Fehst referred to the January 13 public information meeting held with a developer to alter the K-mart project to 200 luxury rental units. There was some concern that the initially proposed owner/occupied buildings would change. It was explained to those present how this would be run and handled. There was some concern regarding the addition of rental units. This will be presented to the EDA and the Planning and Zoning Commission in public meetings. Nawrocki stated concern regarding an increase in the number of units. There were to be 66 units in each building and now there would be about 100 rental units in each building. He stated his opinion that most people present at the open house were opposed to such a project. He referred to issues that resulted from the Sheffield area redevelopment. Andy Smoka, 1206 Khyber Lane, stated that he was not able to attend the meeting and indicated his opinion that 200 more rental families is not a good idea. He questioned the current number of rentals in. Columbia Heights and what impact this would have on our schools. No one is currently building City Council Minutes Monday, January 25, 2010 Page 6 of 8 rental units. He suggested adding assisted living units. Smoka indicated disappointment that the hotel, grocery store, and Central Avenue renovation are no longer happening. Kelzenberg indicated that he toured the developer's current buildings, which are upscale, and felt this would be a benefit to the city. Upscale rentals could bring in $17,000,000. Smoka stated that he would agree if an analysis indicated the units would be rented. Kelzenberg stated that we are doing what we can to clean up the area and he is favor of this proposal. Diehm stated it is cheaper to buy than rent, but was told there is part of the population that is not interested in buying. ~Ve have requested a market study of the area for this type of apartment and we will pay attention to that. We want whatever we do to have a market. Smoka indicated that he keeps an eye on the quality of construction done. Fehst stated that parking would be a concern. Fehst stated he could provide Mr. Smoka a list of places toured. Peterson stated that he missed the tour and would go on a tour with him. There is good rental in Columbia Heights that is well managed, but there are some that are not and that causes concern. Nawrocki stated that he did the tour and they are quality units at this time, but referred to the Sheffield, Brooklyn Center, and Brooklyn Park tulits that went to heck. In time owners come and go as do the maintenance people. Nawrocki stated that a memo from the State Auditor indicates that the Council President should be appointed each year. Motion by Kelzenberg, second by Peterson, to nominated Tami Diehm to be retained as Council President. Upon vote: All ayes. Motion carried. Nawrocki questioned where the funds would come from for the Always on Guard luncheon. Fehst stated that the employees are paying for it. Otber business Nawrocki referred to the grand opening of the Anoka County Sherriff's facility. It is bigger than our new Public Safety Building, but serves the same function plus a forensic lab and they got it cheaper. They moved a lot of their present furniture. Nawrocki stated that at the last meeting he used the phrase "good citizens of Columbia Heights" and the City Manager commented on bad citizens. Nawrocki gave his history with this area and his opinion that most of the citizens are good. He stated concern about tax increases for our senior citizen population. Nawrocki reiterated his belief in openness in government. Peterson stated that all Council members feel concern for the citizens of Columbia Heights and we all have a history in this area. There is no personal gain doing this job. Nawrocki questioned if the Northeaster was allowed to bid as our legal publication. Fehst stated that they have not bid in the recent past. Nawrocki stated they should get the opportunity to bid. Nawrocki requested that the City Manager give advance notice when he will be gone from the office. Fehst indicated that he is always available by telephone. Nawrocki stated that he called on New Year's Eve and did not receive a response. Fehst indicated he took care of the issue indicated. Nawrocki requested an updated phone list as his list indicates the manager has a pager, which is disconnected. Diehm stated that she called him at 8:00 a.m. on a Saturday morning and he immediately took care of the issue requested. City Council Minutes Monday, January 25, 2010 Page 7 of 8 Report of the City Attorney -nothing to report CITIZENS FORUM Nawrocki questioned if there is a work session next Monday and what the agenda items would be. Fehst stated that there are no items at this time and Council members would be notified if there would be a meeting. Roger Strom, 690 4 % i/2 Avenue, stated that two weeks ago he found his F Deus newspaper lying in the street and this week it was not delivered and he had to go to a store to pick one up. Strom questioned how students will cross Central Avenue if the bridge is demolished in April. Hansen stated that only utility work will begin in April. Nawrocki questioned crossing options for summer school students. Hansen stated that there will be a three month period where the bridge will be down and, if necessary, there will need to be crossing assistance. Nawrocki referred to our police officers giving jaywalking tickets to people crossing against the stoplights, which is a $105 fine. Peterson stated that with McCrossen as the anticipated contractor, they have done these types of projects and safety will be taken care of. Peterson stated that he attended the open house of the Sherriff s facility and was impressed. They did not get a better deal that we did on our Public Safety Building and. after seeing their building he was even more proud of our building. Peterson stated "Don't take ourselves too seriously. Remember our service men and. women and if you see them thank them far their service. We are reaching out to the people of Haiti and doing the best of any nation, yet we are subject to criticism. We can not thank our service people enough. Do a random act of kindness." AD.TO NT ~ayoeterson adjourned the meeting at 8:29 p.m. ,,,,~r'"--~- Patricia Muscovitz -MC ' City Clerk RESOLUTION 2010-09 BEING A RESOLUTION ACCEPTING THE FEASIBILITY REPORT FOR ZONE 5 STREET REHABILITATION AND ORDERING THE PUBLIC IMPROVEMENT HEARING, CITY PROJECT NO. 1002 WHEREAS, the City Council has adopted a Street Rehabilitation Program which divides the City into seven zones, and WHEREAS, pursuant to Resolution No. 2009-184, a report has been prepared. by the City Engineer with reference to the Zone 5 area of the Street Rehabilitation Program, and WHEREAS, Zone 5 is bounded by University Avenue and Central Avenue/Monroe Street, from 44`h Avenue to 48`h Avenue, and WHEREAS, the report provides information regarding whether the proposed project is feasible, necessary and. cost effective, and Said report is hereby received by the City Council of Colwnbia Heights on January 25, 2010. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA 1. The Council will consider the improvement of such streets in accordance with the report and the assessment of 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 $333,500. 2. A public hearing shall be held on such proposed improvement on the lst day of March, 2010, in the City Council Chambers at 590 40`'' Avenue N.E. at 6:15 p.m. and the City Clerk shall give mailed and published notice of such hearing and improvement as required. by law. City Council Minutes Monday, January 25, 2010 Page 8 of 8 RESOLUTION 2010-10 BEING A RESOLUTION ACCEPTING THE FEASIBILITY REPORT FOR ZONE 4 STREET SEAL COAT AND ORDERING THE PUBLIC IMPROVEMENT HEARING CITY PROJECT NO. 1001 WHEREAS, the City Council has adopted a Street Rehabilitation Program which divides the City into seven zones, and WHEREAS, pursuant to Resolution 2009-185, a report has been prepared by the Director of Public Works with reference to the Zone 4 Street Seal Coating Program, and WHEREAS, Zone 4 is bounded by University Avenue and Monroe Street/Central Avenue, from 48`h Avenue to 53`d Avenue, and WHEREAS, the report provides information regarding whether the proposed project is feasible, necessary and cost effective, and Said report is hereby received by the City Council of Colwnbia Heights on January 25, 2010. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA 1. The Council will consider the improvement of such streets in accordance with the report and the assessment of 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 $208,000. 2. A public hearing shall be held on such proposed improvement on the IS` day of March, 20].0, in the City Council Chambers at 590 40`h Avenue N.E. at 6:00 p.m. and the City Clerk shall. give mailed and published notice of such hearing and improvement as required by law. ORDINANCE NO. 1575 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO SIGNAGE IN THE DESIGN OVERLAY DISTRICT WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ardain: Chapter 9, Article I, Section 9.106 (P)(8)(a}1 of the Columbia Heights City Code, which currently reads to wit: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sigrz regzlations. (8} Dynamic LED signage. (a) Regzlations. Dynamic LED signage is allowed as a conditional use in those zoning districts specified in this code. All dynamic LED signage is subject to the following conditions: 1. Dynamic LED signs are allowed only on monument signs for conditionally permitted. uses in all zoning districts, with the exception of motor fuel stations, which may display dynamic LED signs as a part of the pylon sign. 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 ane, contiguous dynaanic display area is allowed on a sign face. Is thereby amended to read as follows: § 9.106 GENERAL DEVELOPMENT ST ARDS. (Q) Sign regulations. (8} Dynamic LED signage. (a) Regulations. Dynamic LED signage is allowed as a conditional use in those zoning districts specified in this code. All dynamic LED signage is subject to the following conditions: 1. Dynamic LED signs are allowed only on monument signs for conditionally permitted uses in all. zoning districts, with. the exception of motor fuel stations, which may display dynamic LED signs as a part of the pylon sign to promote motor fuel prices only. Such motor fuel price signs do not require a Conditional. Use Permit. All 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. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage.