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HomeMy WebLinkAbout02/14/11 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING FEBRUARY 14, 2011 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, February 14, 2011 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Senior Pastor Ruth Hograbe, United Methodist Church, gave the Invocation. Present: Mayor Peterson, Council member Williams, Council member Nawrocki, Council member Diehm, Council member Schmitt PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA Peterson removed Item D, stop sign request, for discussion. Nawrocki requested to discuss rejoining the Suburban Rate Authority (SRA). Nawrocki asked if the Council meetings will now be replayed on Channel 16. Fehst stated yes. Nawrocki indicated that the building renovation item was removed from the draft agenda. He requested it be discussed again. Nawrocki asked that the City Manager explain contract building cleaning costs versus employee costs. He requested more information on computer replacements. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS Proclamation: Library - Reading Education Assistance Dogs Peterson read the proclamation and introduced Marsha Tubbs, Children's Librarian. Tubbs stated this national program began in 1999. The Read Dogs have been reading at our library since 2008 and over 100 children have participated in the program. Participants receive a 15 minute one -on- one session where children read to the dog with the assistance of the handler. Through this program, children develop a bond with the animal and a love of reading. Tubbs introduced the two therapy teams: Leny Wendel and Parker and Shannon Melham and Max. Peterson presented the teams with Appreciation Certificates. CONSENT AGENDA City Manager Walt Fehst took Council members through the Consent Agenda items. Nawrocki requested to remove items C, F, G, and H for discussion. A. Approve minutes of the January 24, 2011 City Council meeting Motion to approve the minutes of the January 24, 2011 City Council meeting. B. Accept minutes of the Boards and Commissions Motion to accept the minutes of the November 17, 2010 Park and Recreation Commission meeting. Motion to accept the minutes of the January 5, 2011 Library Board meeting. Motion to accept the minutes of the December 6, 2010 Traffic Commission meeting. C. Establish the Local Board of Appeal and Equalization for Monday, April 11, 2011 at 6:00 p.m. - removed City Council Minutes Monday, February 14, 2011 Page 2 of 9 D. Request for Four -Way Stop Signs on 7th Street and 41st Avenue - removed E. Approve Gambling Permits, Immaculate Conception Church Bingo Event on April 2, 2011 and Fun Fest on July 29, 30 and 31, 2011 Motion to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a gambling permit for Immaculate Conception Church to conduct bingo and raffles at their event being held April 2, 2011 at 4030 Jackson Street NE, Columbia Heights; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty -day notice to the local governing body. Motion to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a gambling permit for Immaculate Conception Church to conduct bingo, raffles and pull -tabs at their Fun Fest event being held July 29, 30 and 31, 2011 at 4030 Jackson Street NE, Columbia Heights; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty -day notice to the local governing body. F. Approve Public Works Blanket Orders for 2011 Purchases - removed G. Authorization to Seek Bids for the 2011 Miscellaneous Concrete Replacement and Installation Project - removed H. Authorization to Seek Bids for 2011 Sanitary Sewer Pipe Lining Project - removed L Approve Change Order No. 2 and Authorize Final Payment for 2010 Street Rehabilitation — Zone 5, Project No. 1002 Motion to authorize Contract Change Order No. 2 for additional work added to the contract by the City to North Valley, Inc in the amount of $30,307.90 with funding from the appropriate funds. Motion to accept the work for 2010 Street Rehabilitation, Zone 5, City Project No. 1002 and authorize final payment of $71,503.27 to North Valley, Inc. of Nowthen, Minnesota. J. Approval of the attached list of rental housing licenses. Motion to approve the items listed for rental housing license applications for February 14, 2011 in that they have met the requirements of the Property Maintenance Code. K. Approve Business License Applications Motion to approve the items as listed on the business license agenda for February 14, 2011 as presented. L. Approve payment of the bills Motion to approve payment of the bills out of the proper funds, as listed in the attached check register covering Check Number 137834 through 138093 in the amount of $2,895,343.45. Motion by Diehm, second by Williams, to approve the Consent Agenda items, with the exception of items C, D, F, G. H. Upon vote: All ayes. Motion carried. C. Establish the Local Board of Appeal and Equalization for Monday, April 11, 2011 at 6:00 p.m. City Council Minutes Monday, February 14, 2011 Page 3 of 9 Nawrocki indicated that we have problems getting full attendance for 6 p.m. meetings. Patty Muscovitz, City Clerk, indicated that the 6 p.m. meeting time was requested by Anoka County. Peterson asked Williams to adjust his schedule to attend the meeting. Nawrocki stated it was not fair of the County to limit the meeting to only two possible nights. Peterson stated that this time we can honor their request and ask for more flexibility in the future. Motion by Diehm, second by Williams, to establish the Local Board of Appeal and Equalization meeting date for Monday, April 11, 2011, at 6:00 p.m. in the City Council Chambers. Upon vote: All ayes. Motion carried. D. Request for Four -Way Stop Signs on 7th Street and 41st Avenue Peterson stated that the Traffic Commission has recommended no signage at this site. Staff has suggested several alternatives. Kevin Hansen, Public Works Director, stated this item is an appeal of the Traffic Commission recommendation. Hansen indicated the criteria that staff looks at to determine signage, which includes traffic volume, vehicles and pedestrians, number of legs (4), approach speeds (30 mph), site distance, and the crash record. Determinations are guided by federal and state MUTCD restrictions, which regulate where signs can be placed for intersection control. Regulations are different for low volume residential streets. This street does not meet the criteria for the placement of stop signs. Staff looked at the possibility of installing yield signs and believes that the North and South entrance could use yield signs. Staff also reviewed removing parking within 20 feet from the intersection, and feels it would be beneficial. It remains staff's recommendation to look at yield signs for 7 Street and to restrict parking to improve visibility. Diehm stated there are a number of similar intersections in this area. Is this looked at on a case by case basis or do we look at the surrounding area as well? Hansen stated both. The investigation is initiated when we get a request, such as 41 and Washington was in 2009 and we then also look at other intersections in the area. Diehm stated that she was involved in an accident at an uncontrolled intersection; residents realize these intersections are uncontrolled, but visitors may not. Hansen stated that at an uncontrolled intersection the rules are that the vehicle on the left yields to the vehicle on the right, or the first vehicle to the intersection has the right - of- way. Hansen stated the perception that stop signs stop accidents is not true. He referred to the false sense of security where stop signs are placed. Peterson asked if the regulations include corners with churches. Whatever action is taken here we should also do at 41 and Washington. Hansen stated that land use is not considered. Speed, volume, and accidents are considered for sign determination. Peterson referred to the discrepancy in the number of accidents reported at this intersection. Hansen indicated that because of the dates, the last two accidents may not have been included. Fehst stated there was one in October 2010, but none reported through January 2011. Nawrocki questioned the rational for the stop sign at Jefferson and 41 Avenue. He stated it is typical to want stop signs in your area but not the areas you drive in. Nawrocki asked if the accidents were during church service dates and times. Hansen listed the times. Abdulbaset Elhshik, Islamic Center of MN, 4056 7 Street, stated that their service times vary and the accidents were probably at that time. This request is also by surrounding residents and the church at Washington and 41 Avenue. A resident living at 41 and 7 Street stated that on December 28, 2010 there was an accident on 42 Drivers do not mind the speed limits. He asked if stop signs were placed in one direction if City Council Minutes Monday, February 14, 2011 Page 4 of it would help. Hansen again gave the federal requirements. Schmitt indicated that most churches in our community have a controlled intersection by their facility. These are the only two that do not. They sometimes share a parking lot, which results in many pedestrians crossing the street. She referred to the Traffic Commission site review. Hansen indicated the engineering process to review an intersection. Eric Ness, 4057 7 Street, stated he lives on the Southeast corner and sees people driving 35 mph on 41 Avenue that do not check the other directions as they cross. For safety, this has to change. Peterson asked him in which direction would it be best to slow traffic. Ness stated that north and south is the least used. Diehm stated that on 7 Street from 40 through 44 Avenue there are no stop or yield signs. Nawrocki stated the suggestions are reasonable and that we should consider both. Motion by Nawrocki, to authorize installation of "Yield" signs on 7 Street and 41 Avenue, yielding traffic on 7th Street, based on the configuration of the intersection and the amount of pedestrian traffic generated by the nearby mosque and church, and to also designate "No Parking" for 20' from the intersection on the approach lanes for 7 Street and 41 Avenue. Nawrocki stated that 7 Street has historically been a through street in our city. Peterson asked if Nawrocki would consider adding to his motion yield signs at Washington Street for St. Matthews Church. Nawrocki asked if there should be a public hearing. Hansen stated this was brought forward by them in October of 2009. Peterson stated that we will try this and see if it works or we can review the results. Schmitt stated that yield signs are effective, but vehicles must yield to pedestrians in crosswalks. Hansen stated that removal of crosswalks at low volume intersections has improved safety. Schmitt recommended tabling this for resident input. Peterson again indicated that what is good for this intersection would also be good for the Washington intersection. Diehm seconded the motion. Peterson explained what this motion means and indicated that pedestrians do have the right -of- way. Hoeft stated that the law is specific on who has the right -of -way and we are unable to explain all of the various situations at this meeting. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to authorize the installation of "Yield" signs on Washington Street (North and South) at 41 Avenue, and also designate "No Parking" for 20' from the intersection on the approach lanes for Washington and 41 Avenue. Schmitt asked when this would take effect. Hansen stated that signage is usually placed in mid to late April. Upon vote: All ayes. Motion carried. F. Approve Public Works Blanket Orders for 2011 Purchases Nawrocki referred to stop box repair costs. Hansen stated the budgeted amount is based on past experience. He indicated the estimated costs to repair a curb stop and the process of the petition City Council Minutes Monday, February 14, 2011 Page 5 of 9 and waiver agreement. Fehst stated that if residents have problems paying their water bill they should come to city hall and work with us. Motion by Williams, second by Diehm, approval to authorize staff to process blanket purchase orders in an amount not to exceed the 2011 budget amounts for: De -icing salt for salt /sanding operations purchased off the State of Minnesota Purchasing Contract, Fuel (unleaded and diesel) for City vehicles from the State of Minnesota 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, and Curb stop and service repairs, for delinquent accounts and foreclosed properties. Upon vote: All ayes. Motion carried. G. Authorization to Seek Bids for the 2011 Miscellaneous Concrete Replacement and Installation Project Nawrocki asked if the locations are pre - determined. Hansen stated this annual program has the spring locations already set and there will be fall work required after the bid has been let. Unit pricing is used. Motion by Diehm, second by Williams, to authorize staff to seek bids for the 2011 Miscellaneous Concrete Replacement and Installation Project. Upon vote: All ayes. Motion carried. H. Authorization to Seek Bids for 2011 Sanitary Sewer Pipe Lining Project Nawrocki questioned the inclusion of 2010. Hansen stated this is from collection district 2 and was determined in the fall of 2010. Hansen stated the budget last year was $125,000 and the Council increased that to $168,000. This year more funds were budgeted. Motion by Williams, second by Schmitt, to authorize staff to seek bids for the 2011 Sanitary Sewer Pipe Lining Project for the pipe segments identified herein. Upon vote: All ayes. Motion carried. PUBLIC HEARINGS - none ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 2nd Reading of Ordinance 1588. being a Zoning Amendment as it Relates to Driveways. Motion by Diehm, second by Williams, to waive the reading of Ordinance No. 1588, being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Ordinance No. 1588, being an ordinance amending Ordinance No. 1490 City Code of 2005, relating to driveways within the City of Columbia Heights. Nawrocki stated that a permit is not required at this time. Schmitt asked to correct the part about driveways leading to an attached garage and gave an example of a home with two driveways, one not leading to a garage. Fehst stated this could be looked at. Peterson stated this would be for new driveways. Diehm stated if a driveway was already there, we would not allow a driveway directly to a house and would encourage them to widen the new driveway. If it is non- conforming you have the right to rebuild it. Hoeft stated it would not affect any existing City Council Minutes Monday, February 14, 2011 Page 6 of 9 driveways. Schmitt referred to homes without garages. Diehm stated that is not a change, we are making the rule more lenient and that change would require a public hearing. Schmitt asked that the Planning and Zoning Commission look at this. Nawrocki stated that placing a parking pad is allowed. Upon vote: All ayes. Motion carried. B. Bid Considerations - none C. New Business and Reports Nawrocki referred to discussion at the work session on rejoining the SRA and the Xcel rate increases. The SRA has 29 communities that participate to speak on utility rate increases. The cost to belong, based on community size, is $1,600 a year. He would like this reconsidered. Motion by Nawrocki, to rejoin the Suburban Rate Authority. Diehm stated that she could not support this. In the budget process, the Council looked at all memberships and there were several worthwhile organizations that were cut through that process. With the SRA, right or wrong, our residents receive the benefit whether or not we belong to the group. Diehm indicated that she would be more comfortable looking at all of the organizations again, not just one organization. Fehst indicated that the Council dropped their membership in the Northern Mayors Association and the Metro League of Cities (which is a significant group). We must belong to the League of Minnesota Cities to be part of their insurance. The SRA was useful to us for our franchise agreements. He referred to the utility company's lack of working with us on a timely basis during repairs. He also asked the Council to reconsider the SRA and Metro Cities memberships. Nawrocki stated that this affects every one in town. He again indicated the benefits of belonging to this organization. Peterson stated that all organizations joined would be a benefit to residents. This should be discussed at budget time. Schmitt asked how long it has been since we have not participated. Fehst stated two years. Schmitt indicated that this has saved us $3,000. Peterson indicated that whether we belong or not, they fight for all communities and we can look at this again at budget time. Peterson called for a second to the motion. Motion died for lack of a second. Nawrocki stated he attended the Local Government Official's meeting. Council member Schmitt also attended. He offered copies of information received and covered topics discussed such as sharing services and equipment. Fehst stated that he has attended the Anoka County "shared services" meetings and Magee is on one of the committees. It seems to be skewed to the smaller cities. Fehst listed shared contracts and equipment. We continue to participate in the high speed internet line discussion, to cooperate with the School District, and have an image committee. Nawrocki referred to the fiber optic discussion and asked for better information to tie in to the County system. Fehst stated that suggested costs have been significantly reduced. He complimented Alexandr Chernin, IS Director, on his participation in this. Nawrocki referred to the police car bids at the last meeting and indicated that he found current City Council Minutes Monday, February 14, 2011 Page 7 of 9 mileage on the vehicles at about 60,000. He is convinced that we could get more mileage from the existing cars. Nawrocki asked that he be registered for the March 24 LMC Legislative meeting, excluding the lunch. He stated that at 4032 Van Buren there are eleven waste containers, including recycling containers. Two containers were tipped over and there was a computer device on the ground. Nawrocki referred to the liquor store report received from the Finance Director following a request at the last meeting and the comment that he spoke negatively regarding the liquor stores. He indicated this was misrepresented and he does not make apologies for asking questions. Nawrocki stated his concerns about the budget of the city. Both the State and Federal government problems will filter down to local governments. He read his concerns from a prepared statement. Fehst stated that this council has laid out a four year plan which includes our bonding. This plan has increased our bond rating by two levels. There have been dramatic cutbacks since 2003. Peterson stated that if we had kept up with the needs of the community we would not be in this situation. He indicated his pride in our community, the new public safety building and gym. He also stated that our city offices are in sad shape. The Council makes decisions and moves forward. He requested to not go over past decisions at subsequent meetings. We will continue to control spending. ADMINISTRATIVE REPORTS Report of the City Manager Fehst referred to Nawrocki's question on building cleaning services, which has been previously answered. We feel we will be able to save money and get a better product with in -house cleaning and maintenance. Peterson stated this will take time to establish and the attempt is to save money. Nawrocki requested specific numbers paid to the contractors. Nawrocki questioned the replacement of computers and the cost. Elrite stated that every year we replace some computers that are no longer efficient. We are far behind on this and some that should be replaced won't be replaced because of the budget. Approximately 10 computers will be replaced at a price range of $1,100 to $1,200. Report of the City Attorney — nothing to report CITIZENS FORUM Dwayne Morrell, 4212 Reservoir Boulevard, suggested council and staff watch the movie "Bruebaker ". He referred to liquor store employee costs. Fehst asked that he speak to the Finance Director to explain this, as he may be misreading the information. The liquor operations manager will attend a future meeting to describe our operations. Peterson stated that Mr. Morrell is unintentionally misleading the public. Morrell asked if he can send a confidential email to the City. Fehst stated that all communication received is public information. Morrell questioned what happened to bringing Aldi's to the City and suggested building styles. Peterson stated that our Community Development Department is actively working on this and any projects will be presented to the public. Morrell questioned the purchase of Mady's bowl. Peterson stated that is not active. Fehst stated that citizen comments are limited to five minutes and asked for any additional questions in writing; this is not a give and take session. Upon the citizen becoming boisterous, Peterson ended the discussion. Roger Strom, 690 40 Avenue, questioned if the sump pump inspections are a federal mandate. Hansen stated this program is by city ordinance. Fehst stated that there is a federal mandate for clean water and if we do not do this the Met Council charges us a yearly surcharge. Strom asked if this will City Council Minutes Monday, February 14, 2011 Page 8 of 9 be done by city inspectors. Hansen stated that staff has done the inspections for the last four to five years, completing two - thirds of the city. The remaining inspections will be completed by the company contracted to replace water meter batteries. Strom questioned why his utility bill, for the last three quarters, was estimated. Fehst stated it could be a bad battery. Peterson: "Remember your service men and women. Don't take ourselves to seriously, enjoy life, and do a random act of kindness." ADJOURNMENT Mayor Peterson adjourned the meeting at 9:12 p.m. .i1` atricia Muse vitz CM _ City Clerk/Council Secretary ORDINANCE NO. 1588 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO DRIVEWAYS WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.109 (L) of the Columbia Heights City Code, Is thereby amended to read as follows: § 9.106 GENERAL DEVELOPMENT STANDARDS. (L) Off - street parking and loading. (7) Design and maintenance of parking facilities. Off - street parking facilities are subject to the following design and maintenance requirements: (g) Setbacks. Except for one -, two -, three- and four - family residential uses, parking lots and loading areas shall be subject to the same setbacks as a structure for the district in which such parking is located. One -, two -, three- and four- family residential uses are subject to the following setback requirements: 1. Residential lots platted prior to the effective date of this Code and having a lot width of sixty (60) feet or less, shall maintain a minimum side yard setback of one (1) foot in all districts. 2. Residential lots platted after the effective date of this Code or having a lot width greater than sixty (60) feet shall maintain a minimum side yard setback of three (3) feet in all districts. 3. The creation of a joint driveway use between adjoining property owners shall require a Conditional Use Permit. (h) Residential driveway locations. Driveways may only lead directly to, or be contiguous to driveways leading to, an attached or detached garage. (i) Minimum driveway widths. In all zoning districts, driveways shall be no less than twelve (12) feet in width. Previously numbered Sections 9.106 (L)(7)(h -I) should be renumbered accordingly. Chapter 9, Article I, Section 9.109 (E)(3) of the Columbia Heights City Code, is thereby amended to read as follows: § 9.109 RESIDENTIAL DISTRICTS. (E) R -1, Single Family Residential District. (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the R -1, Single - Family Residential District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (g) Joint driveway use between adjoining property owners. Chapter 9, Article I, Section 9.109 (F)(3) of the Columbia Heights City Code, is thereby amended to read as follows:. § 9.109 RESIDENTIAL DISTRICTS. (F) R -2A and R -2B, Two - Family Residential District. (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the R -2A and R- 2B, Two - Family Residential District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: City Council Minutes Monday, February 14, 2011 Page 9 of 9 (j) Joint driveway use between adjoining property owners. Chapter 9, Article 1, Section 9.109 (G)(3) of the Columbia Heights City Code, is thereby amended to read as follows: § 9.109 RESIDENTIAL DISTRICTS. (G) R -3, Limited Multiple - Family Residential District. (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the R -3, Limited Multiple- Family Residential District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (o) Joint driveway use between adjoining property owners. Chapter 9, Article I, Section 9.109 (H)(3) of the Columbia Heights City Code, is thereby amended to read as follows: § 9.109 RESIDENTIAL DISTRICTS. (H) R -4, Multiple- Family Residential District. (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the R -4, Multiple - Family Residential District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (q) Joint driveway use between adjoining property owners. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage.