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HomeMy WebLinkAbout04/25/11 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING APRIL 25, 2011 The following are the minutes for the regular meeting of the City Council held at 7:10 pm on Monday, April 25, 2011 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Associate Pastor Dave Briley, Oak Hill Baptist 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 Resolutions 2011 -23 and 2011 -25, in that the properties have been brought into compliance. Nawrocki requested to discuss several items under the Manager's report. He will report on the school play and the recent DARE graduation. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Proclamation - May 2011 as Service Men and Women Month and Monday, May 1, 2011 as Marine Corporal Derek Goodridge Day. Peterson read the proclamation. Kathy Goodridge, with the help of the event coordinator, thanked everyone (the community, the Blue Star Moms, and the Marines) for their support of the upcoming event to honor Derek on May 1 Peterson stated that the benefit will be from 1:00 to 8:00 p.m. at Murzyn Hall. B. Proclamation - Building Safety Month Peterson read the building safety month proclamation. C. Proclamation - 2011 Community Prayer Breakfast Peterson read the proclamation for the Community Prayer Breakfast to be held on Wednesday, May 11, 2011 at 7:00 a.m. Miscellaneous Nawrocki stated that "Beauty and the Beast" will be perfoiined at the Columbia Heights High School this weekend. Peterson indicated that some cast members may attend this meeting after their dress rehearsal. Nawrocki stated he attended the DARE graduation at North Park School on April 15. Most of the students live in Columbia Heights. Diehm stated that Top Valu will have a wine sale and free in -store wine tasting on May 4. Also, the Medtronic foundation has named their 2011 scholarship winners with two recipients from Columbia Heights: Issa Ali and Phuong Thanh Nguyen. Peterson congratulated participants in the Sister City Young Artist Showcase. Last year our local artist won the national prize. Peterson thanked. Liz Bray, Recreation Coordinator, for her work on this event and listed this year's winners: Young Authors: First Place: Yarina Cordova Teran; City Council Minutes Monday, April 25, 2011 Page 2 of 20 Runners -Up: Nathan Wiig and Anna Nelson; Honorable Mention: Samira Ahmed. Young Artists: First Place: Sirilak Mingkwan; Runners- Up: Danielle Lindstedt and Stacia Stromberg; Honorable Mention: Jesus Villegas. Congratulations to these authors and artists. CONSENT AGENDA Nawrocki requested to remove items A, D, E, H, I for discussion. Schmitt requested to remove items F, G, and L. City Manager Walt Fehst took Councilmembers through the remaining consent agenda items. A. Approve minutes of City Council meetings - removed B. Adopt Resolution 2011 -026 Authorizing Acceptance of Traffic Safety Award (Toward Zero Death $2,000) Motion to waive the reading of Resolution 2011 -026, there being ample copies available for the public. Motion to adopt Resolution 2011 -026, a Resolution Authorizing Acceptance of a Traffic Safety Award. C. Approve transfer of funds for CHHS overtime, Detox transports and DWI enforcement grant overtime from General Fund to Police Dept. Budget Overtime Line #1020 Motion to transfer the following from the General Fund to the Police Dept 2011 Budget, Overtime Line Item 1020: $840, the amount of money received from Anoka County as reimbursement for detox transports; $1,288.97, the amount of money received from the City of Blaine for DWI Grant Enforcement overtime;: and $6,151.25, the amount of money received from Independent School District #13 for overtime details worked during boys and girls basketball games at CHHS. D. Enter into an agreement to receive bike racks from the Transit for Living Communities Grant - removed E. Accept reports (2) for a condition study of the MSC floor and authorize staff to seek bids - removed F. Adopt Resolution 2011 -027, being a resolution accepting bids and awarding the 2011 Miscellaneous Concrete Repairs and Installations, City Project 1100 - removed G. Approve final payment for 2009 street and alley improvement projects - removed H. Adopt Resolution 2011 -030 being a Resolution ordering preparation of a report for 50th Avenue turn lane, East of Central Avenue — removed. I. Authorize the Mayor and City Manager to enter into an agreement with Loftier Companies for copiers, including a five year guaranteed maintenance and supply price, based on their low quote of April 1, 2011 - removed J. Approval of the attached list of rental housing licenses. Motion to approve the items listed for rental housing license applications for April 25, 2011 in that they have met the requirements of the Property Maintenance Code. K. Approve Business License Applications Motion to approve the business license agenda for April 25, 2011 as presented. City Council Minutes Monday, April 25, 2011 Page 3 of 20 L. Approve payment of the bills - removed Fehst requested to address the Auto Auction item following the consent agenda discussions. Motion by Diehm, second by Schmitt, to approve the Consent Agenda items B, C, J, K as presented. Upon vote: All ayes. Motion carried. A. Approve minutes of City Council meetings. Motion by Diehm, second by Schmitt, to approve the minutes of the April 11, 2011 Board of Appeal and Equalization. Upon vote: All ayes. Motion carried. Motion by Diehm, second by William, to approve the minutes of the April 11, 2011 City Council meeting. Nawrocki indicated that he was not allowed to finish his discussion on the proposed work at City Hall and read from a written statement on the financial indebtedness of the community. He stated that the Mayor abstained on the vote as his son may work for the contactor, but he felt the gavel should have been passed. Nawrocki requested to table the minutes for the secretary to include his discussion. Schmitt indicated her desire to have heard the reason for the abstention at the meeting, rather than read it in the newspaper. Peterson stated that his son may work with the contractor and abstained on the advice of the City Attorney, even though this is not considered a conflict of interest. Diehm requested the City Clerk review the meeting, as she did not believe that the Mayor made this motion. Nawrocki requested to table the minutes and add more information in the minutes. Diehm again requested clarification of who made the motion. Diehm felt his comments tonight would be covered in the minutes of this meeting. Nawrocki stated that this was the low bid and this is not a reflection on the work done by this company. Diehm withdrew her motion to approve the minutes. Motion by Diehm, seconded Nawrocki, to table the minutes of the April 11, 2011 City Council meeting to determine the maker of the motion on the City Hall remodel. Upon vote: All ayes. Motion carried. D. Enter into an agreement to receive bike racks from the Transit for Living Communities Grant Motion by Diehm, second by Williams, to authorize the Mayor and City Manager to enter into an agreement to receive bike racks from the Transit for Living Communities grant awarded by Bike Walk Twin Cities funds, and enter into a Community Agreement with the City of Minneapolis, allowing Minneapolis to purchase the bike racks on the City of Columbia Heights' behalf. Kevin Hansen, Public Works Director, stated this is a multi -city agreement for thirteen cities directly adjacent to the City of Minneapolis to purchase and provide them with bicycle rakes. The only cost to us is installation of the 20 to 25 bike racks. Minneapolis requests a signed understanding from us by April 29. The racks would be installed this summer. This is for regular bicycles, not rental bicycles. Schmitt questioned the cost. Hansen stated that the number of racks we receive will depend on the final bid cost. The amount allocated to Columbia Heights is $3,500. Schmitt requested a copy of the project memorandum dated August 15, 2010. City Council Minutes Monday, April 25, 2011 Page 4 of 20 Upon vote: All ayes. Motion carried. E. Accept reports (2) for a condition study of the MSC floor and authorize staff to seek bids Motion by Diehm, second by Williams, to accept the MSC garage floor condition study report by Stork Twin City Testing and Floor Strengthening Report by SRF, and authorize staff to seek bids for concrete repairs and protective slab surface coating for the MSC main floor. Nawrocki questioned the cost of the SRF study. Hansen stated three quotes were received, with a low quote of $5,800. Hansen stated the estimated cost of $70,000 is budgeted in fund 701, Central Garage fund. Schmitt questioned what would be cut if this estimate is not enough. Hansen stated this was a report to look at the floor and provide a cost estimate. He explained the work needed and indicated that some of the work can be done in- house. Schmitt questioned if the load per square foot was correct. Hansen stated it is 65 lbs. per square foot and that heavy equipment is not brought in loaded. Upon vote: All ayes. Motion carried. F. Adopt Resolution 2011 -027, being a resolution accepting bids and awarding the 2011 Miscellaneous Concrete Repairs and Installations, City Project 1100 Motion by Williams, second by Diehm, to waive the reading of Resolution 2011 -027, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to adopt Resolution 2011 -027 being a Resolution accepting bids and awarding the 2011 Miscellaneous Concrete Repairs and Installations, City Project No. 1100, to Ron Kassa Construction, Inc., based upon their low, qualified, responsible bid in the amount of $39,264.70 with funds to be appropriated from Fund 212-51100-4000; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. Nawrocki referred to the asterisk on the third bid tabulation sheet. Hansen stated that means the item was corrected; in this case about $100. Hansen stated that very little of this amount is assessed. Upon vote: All ayes. Motion carried. G. Approve final payment for 2009 street and alley improvement projects Motion by Schmitt, second by Williams, to accept the Engineer's report of final acceptance for the 2009 Street Improvement project, City project number 0902, and authorize final payment of $12,982.87 to C & L Excavating, Inc. of St. Joseph, Minnesota. Schmitt questioned this work being from 2009. Hansen stated the project had a two year warranty and we had to carry it longer than normal. Nawrocki questioned the overage /change orders. Hansen stated that information could be provide and explained that some items are over or under the bid amount. This approves the final quantity used, rather than the estimates in line items. Upon vote: All ayes. Motion carried. H. Adopt Resolution 2011 -030 being a Resolution ordering preparation of a report for 50th Avenue turn lane, East of Central Avenue Motion by Williams, second by Schmitt, to waive the reading of Resolution 2011 -030, there being ample copies available for the public. Upon vote: All ayes. Motion carried. City Council Minutes Monday, April 25, 2011 Page 5 of 20 Motion by Williams, second by Schmitt, to adopt Resolution 2011 -030, being a Resolution ordering preparation of a report for a turn lane on 50th Avenue, east of Central Avenue. Hansen estimated the total cost at about $8,000 and indicated that a comparison to the liquor store turn lane could be completed at the time of the feasibility report. This is a report on ways to fund this work. Fehst referred to a resident's question on the turn lane and Tyler Street traffic. No through traffic and no large trucks were discussed. Upon vote: All ayes. Motion carried. I. Authorize the Mayor and City Manager to enter into an agreement with Loffler Companies for copiers, including a five year guaranteed maintenance and supply price, based on their low quote of April 1, 2011. Motion by Diehm, second by Schmitt, to authorize the Mayor and City Manager to enter into an agreement with Loffler Companies for copiers, including a five -year guaranteed maintenance and supply price, based on their low quote of April 1, 2011. Bill Elrite explained this would include two copiers for the library, one being a coin -op machine that patrons can also print to from the internet terminals, eliminating the need for staff to retrieve and charge patrons for their copies. Nawrocki and Schmitt questioned the need to purchase all seven copiers at one time. Elrite stated that in 2003 five copiers were purchased, followed two years later with the purchase of two used units for the liquor store and the high -rise. Williams requested a breakdown of the maintenance charge and supply charge. Elrite stated that quotes were received on a per copy basis. Non color copies are less than one cent and color copies are about seven cents. Fehst described the staff research time and cooperation to find the best machine, at the best cost, to meet our needs. The initial recommendation of Council was to bid the copiers together to save funds. Police Chief Scott Nadeau complimented staff and explained the savings of using one large machine that can copy, print, scan, and fax versus many small copiers. Schmitt indicated her desire to purchase these machines over several years and was not in favor of the purchase for Parkview Villa, with the anticipated future sale of the buildings. Peterson described the length and amount of time invested to research the copiers and the heavy use these machines endure. Elrite stated that money has been set aside yearly in the capital equipment budget for this purchase. Nawrocki questioned if the Police Department purchased a new copier with their new building. Elrite stated that their existing machine was moved in anticipation of this group purchase. Elrite described the proposed copier for Parkview Villa and indicated that this machine could be sold with the building or moved to another location, such as the Recreation Department that has a machine nearing the end of its cycle. Diehm stated her comfort with this proposal and indicated that the Library Board is anxious for this purchase. This only replaces copiers in need of an upgrade and there is a benefit to the quantity bid, including supplies and maintenance and is a good investment. Schmitt again questioned the purchases for the liquor store and Parkview Villa. Elrite indicated they are both very low level, basic machines. Nawrocki requested more definitive information on the machines in these locations and the equipment to replace them. City Council Minutes Monday, April 25, 2011 Page 6 of 20 Motion to amend by Nawrocki to table the copier purchase for additional information. Diehm stated she could not support the motion. After eight months of research she is comfortable with staff s recommendation. Schmitt asked if the entire amount was in the budget. Elrite stated there is slightly more than this in the budget. Schmitt indicated that she would like to split Parkview Villa out of the vote. Peterson called for a second to the motion to amend. Motion to amend died for lack of a second. Upon vote of the original motion: Schmitt, nay; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 3 ayes — 2 nays. Motion carried. L. Approve payment of the bills Motion by Diehm, second by Williams, to approve payment of the bills out of the proper funds, as listed in the attached check register covering Check number 138628 through 138792 in the amount of $927,773.08. Schmitt questioned the Riggs and Squads payment. Nadeau stated there was a squad that was totaled. It was put in the vehicle replacement cycle. Items were removed to place in a new vehicle. Schmitt questioned the Kennedy and Graven payment. Fehst stated that was for the legal opinion on a possible Mady's property purchase. Fehst stated that we did not go forward with the purchase. He listed the upcoming final event to be held at this business. Upon vote: All ayes. Motion carried. Auto Action Fehst stated that Auto World's quarterly auction is to sell vehicles which are obtained through state and city contracts. The last auction was larger than normal and there were parking complaints. It was brought to the attention of the police department and was addressed. Recommendations were given. This business is a major tax payer in town. We will address the neighbor's concerns. Schmitt referred to the call she received on noise and excessive parking, blocking of driveways, and double parking. She is not against the auctions, but suggested moving them to Murzyn Hall or the high school parking lots and let students sell beverages. Jeff Bahe, of Jeff's Bobby and Steve's Auto World, stated he has met with some of the neighbors and the Police Chief. He will post no parking on the west side alley to 37 and will only park three cars in the driveway, leaving the rest in alley. This auction was unusually large with 80 vehicles rather than the typically 40. The current site is licensed by the State of Minnesota. He stated that they will work with the neighbors and look out for their needs. They are also licensed to do the title work. Diehm referred to the difficulty of a commercial business abutting a residential area and is glad they are willing to work with the neighbors. Jeff Broddy, 3805 Reservoir Blvd., stated they attend the events and have never complained. The proposed no parking signs will work. He suggested staging the vehicles across the street at the maintenance facility. Nawrocki stated that he received a complaint and viewed the confusion. This is not the place to have that much activity. Nawrocki suggested holding the auctions at the area where the Jamboree is held. City Council Minutes Monday, April 25, 2011 Page 7 of 20 Nadeau stated that an officer responded to the event and he had a follow up conversation with Mr. Bahe regarding illegal parking. Their cooperation was appreciated. Fehst stated that the women that complained heavily was here tonight to now support Bahe, but had to leave. Bahe indicated that there will be differences at the next auction. Peterson stated that the auction was very festive and is confident these issues will be addressed. Nawrocki reiterated the need to find another location. Miscellaneous Peterson asked the cast members present of the High School production "Beauty and the Beast" to introduce themselves. Students introduced themselves and indicated the dates and times of the performances. The Friday show will be a dinner theater with food provided by Taste Pizza. Williams questioned if the students use the new gym. Students indicated they did and appreciate it. Schmitt talked about the cooperation of this production through borrowing costumes from the Burnsville school. PUBLIC HEARINGS A. First Reading of Ordinance No. 1596, pertaining to the Primary Election; Ordinance No. 1597, pertaining to Canvas of Elections; Ordinance No. 1598, pertaining to Receipts Go to the City Treasurer; and Ordinance No. 1599, pertaining to Emergency Debt Certificates in the City Charter. Motion by Williams, second by Schmitt, to waive the reading of Ordinance Numbers 1596, 1597, 1598, and 1599, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Schmitt, to schedule the second reading of Ordinance No. 1596, being an ordinance amending Chapter 4, Section 28a, of the Charter of the City of Columbia Heights pertaining to The Primary Election for May 9, 2011, at approximately 7 p.m. in the City Hall Council Chambers. Jim Hoeft, City Attorney, indicated these ordinances were housekeeping items to bring the City Charter into compliance with State Statutes. Schmitt indicated she would like to have seen the Charter Commission minutes that discussed this. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to schedule the second reading of Ordinance No. 1597, being an ordinance amending Chapter 4, Section 33, of the Charter of the City of Columbia Heights pertaining to Canvas of Elections for May 9, 2011, at approximately 7 p.m. in the City Hall Council Chambers. Hoeft stated this would change the canvas time period from five to seven days. Upon vote: All ayes. Motion carried. Hoeft explained this addresses disciplinary action for embezzlement as covered in the State Statutes. Diehm stated that these items are a result of the Charter Commission reviewing and bringing the Charter up to date. Motion by Williams, second by Diehm, to schedule the second reading of Ordinance No. 1598, City Council Minutes Monday, April 25, 2011 Page 8 of 20 being an ordinance amending Chapter 7, Section 70 of the Charter of the City of Columbia Heights pertaining to Receipts Go to City Treasurer for May 9, 2011, at approximately 7 p.m. in the City Hall Council Chambers. Schmitt questioned checks being deposited on the same day. Hoeft stated that issue was not addressed. NawTocki referred to the receipt of donations. Diehm requested that the Charter Commission be notified to review the rest of this section. Upon vote: All ayes. Motion carried. Hoeft requested Ordinance No. 1599 be tabled. This is a housekeeping item, but requires further research as it is addressed in several areas of the State Statutes. Schmitt requested information on The Charter Commission's comments. Motion table by Williams, second by Diehm, table the second reading of Ordinance No. 1599, being an ordinance amending Chapter 7, Section 74 of the Charter of the City of Columbia Heights pertaining to Emergency Debt Certificates. Upon vote: All ayes. Motion carried. B. Adopt Resolutions 2011 -023, 5128 -30 Washington Street N.E., 2011 -024, 4321 5th Street N.E., and 2011 -025, 3723 Polk Street N.E., being Resolutions approving rental license revocation for failure to meet the requirements of the Property Maintenance Code. John Larkin, Assistant Fire Chief, indicated the owner did not scheduled inspections or pay the required fees. He recommended license revocation. Motion by Williams, second by Schmitt, to close the public hearing and to waive the reading of Resolution Numbers 2011- 024 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Schmitt, to adopt Resolution Numbers 2011 -024, being Resolutions of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental licenses listed. Upon vote: All ayes. Motion carried. C. 1st reading of Ordinance No. 1590 pertaining to weed removal, Ordinance No. 1591 pertaining to public nuisance, and Ordinance No. 1592 pertaining to property maintenance. Motion Williams, second by Diehm, to waive the reading of Ordinance No. 1590, Ordinance No. 1591, and Ordinance No. 1592, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Larkin indicated that previously the mailing date was the official date used. This would now use the date when the property is posted to begin the four day compliance requirement. Mailings will still be sent. It is hard to located property owners of abandoned properties and this will expedite the process. Nawrocki indicated that the mailing should be required. Schmitt stated concern that if mailing is not required it may be dropped. Hoeft stated that the mailing included the date and was confusing. It will now only indicate that the property is posted and the owner needs to respond. Property owners need to be responsible for their property. Williams agreed. Peterson also addressed the need for property owners to care for their property. They receive proper notification. Diehm indicated that a property is tagged after the grass reaches nine inches, which is more than reasonable. Schmitt referred to a neighbor whose tag was placed on her neighbor's door. Larkin stated that is not the norm. City Council Minutes Monday, April 25, 2011 Page 9 of 20 Larkin described the inspection and re- inspection process. Nawrocki indicated that we do not want good landlords punished. Larkin stated that grass at nine inches is not a good landlord. Owners are given the opportunity to make the corrections. Diehm stated that if grass is cut because the wrong property was posted, they can come to us and the fee would be waived. Fehst indicated how well the Fire Department runs this program. Motion by Williams, second by Diehm, to set the second reading of Ordinance No. 1590, for Monday May 9, 2011, at approximately 7:00 pm in the City Council Chambers. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to set the second reading of Ordinance No. 1591, for Monday May 9, 2011, at approximately 7:00 pm in the City Council Chambers. Larkin stated this ordinance is to better define immediate and emergency abatement, such as emergency abatement following a fire or immediate abatement of abandoned appliances. Williams called for the question. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to set the second reading of Ordinance No. 1592, for Monday May 9, 2011, at approximately 7:00 pm in the City Council Chambers. Larkin stated this would address rubbish removal, finding the true owner, and placing it in the correct section of the City Code. Nawrocki questioned the discussion on screening. Larkin stated that has been put on hold. Fehst stated that we will not look at enclosing the area. Nadeau stated that Austin and Nightingale will work with the Community Development Department on this. It also addresses not allowing property managers to move evicted tenants to an adjacent building. Nadeau stated that by Statute we can no longer do background checks for landlords, but want them to continue to do them. We host landlord training sessions. There is one scheduled this week and 80 RSVPs have been received. They can do the background check themselves free of charge or at little cost. Schmitt stated she knows a landlord that appreciates the meetings and looks forward to them. Upon vote: All ayes. Motion carried. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1) 2nd Reading of Ordinance 1593, being a Zoning Amendment as it relates to LED Signage. Motion by Williams, second by Schmitt, to waive the reading of Ordinance No. 1593, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Schmitt, to adopt Ordinance No. 1593, being an ordinance amending Ordinance No. 1490 City Code of 2005, relating to LED, Dynamic, and other signage within the City of Columbia Heights. Nawrocki spoke against the change of displays from ten minutes to thirty seconds. People will be distracted. Diehm stated appreciation for the additional information received on standards used by surrounding communities. We are making a significant change and it would be reasonable to change to one minute. She stated that she would not support the second reading. Williams stated City Council Minutes Monday, April 25, 2011 Page 10 of 20 New Brighton has an eight second change limit. Williams called for the question. Upon vote: Schmitt, aye; Williams, aye; Diehm, nay; Nawrocki, nay; Peterson, aye. 3 ayes — 2 nays. Motion carried. 2) 2nd Reading of Ordinance 1594, being a Zoning Amendment as it relates to Fences. Motion by Williams, second by Diehm, to waive the reading of Ordinance No. 1594, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Schmitt, to adopt Ordinance No. 1594, being an ordinance amending Ordinance No. 1490 City Code of 2005, relating to fences within the City of Columbia Heights. Nawrocki questioned the previous discussion on fencing driveways. Diehm indicated that discussion was not part of this change. Upon vote: All ayes. Motion carried. 3) 2nd Reading of Ordinance 1595, being a Zoning Amendment as it relates to Animal Shelters. Motion by Williams, second by Schmitt, to waive the reading of Ordinance No. 1595, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to adopt Ordinance No. 1595. being an ordinance amending Ordinance No. 1490 City Code of 2005, relating to animal shelters and kennels within the City of Columbia Heights. Nawrocki stated this addresses noise in the shelter, and questioned noise outside of the shelter. Peterson stated they would be in a business area. Diehm indicated that each case would be determined on its own merit. Fehst stated that no formal application has been made. Upon vote: All ayes. Motion carried. B. Bid Considerations 1) Adopt Resolution No. 2011 -28, being a resolution accepting bids and awarding a contract for 2011 Street Rehabilitation Project Motion by Williams, second by Schmitt, to waive the reading of Resolution 2011 -028, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Schmitt, to adopt Resolution 2011 -028 being a resolution accepting bids and awarding the 2011 Street Rehabilitation, City Project No. 1102 including Alternate 1 for unit priced residential driveway construction to C & L Excavating of St Joseph, Minnesota based upon their low, qualified responsible bid; in the amount of $981,304.05 plus Alternate 1 with funds to be appropriated from Fund 415 -51102 -5185; and, furtheiiuore, to authorize the Mayor and City Manager to enter into a contract for the same. Nawrocki indicated he would vote against this, as several people at the public hearing were also opposed to it. These streets do not need work. An assessment is an unneeded cost, particularly to those along 6 Street. City Council Minutes Monday, April 25, 2011 Page 11 of 20 Upon vote: Schmitt, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes — 1 nay. Motion carried. 2) Adopt Resolution No. 2011 -029, being a Resolution accepting bids and awarding a contract for Ramsdell Park Improvement Project Motion by Williams, second by Schmitt, to waive the reading of Resolution 2011 -029, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Schmitt, to adopt Resolution 2011 -029 being a resolution accepting bids and awarding the Ramsdell Park Improvements, City Project No. 1106 to C. Mogren, Inc of Hugo, Minnesota based upon their low, qualified responsible bid; in the amount of $262,711; plus Alternates Al-All, and A14-A17 in the amount of $146,119; with funds to be appropriated from Fund 412 -51106 -5185; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. Nawrocki stated he would not support the proposal, feeling this basically only shifts things in the park. He indicated concern for the cost and spoke of current bonded indebtedness. Fehst stated that the majority of the money comes from park dedication fees which can only be used for park improvements. Schmitt questioned future improvements. Hansen indicated that bids received were 25 percent under the architect's estimate. Costs will be shared with the School District. The Park and Recreation Commission is reviewing LaBelle and storm water control for Gavette where funding may be available. They will prioritize play equipment at their next meeting. Hansen indicated that park dedication funds cannot be used for general maintenance. Peterson indicated this will include additional parking. Schmitt questioned if this is the same proposal shown at the work session. Hansen indicated that the skate park was removed. Upon vote: Schmitt, aye; Williams, aye; Diehm, aye; Nawrocki, aye; Peterson, aye. 5 ayes. Motion carried. C. New Business and Reports 1) Accept City Hall Boiler Report and authorization to seek bids for Replacement of the HVAC Boiler System at City Hall Motion by Williams, second by Schmitt, to accept the City Hall Boiler Report prepared by Bonestroo, appropriate an additional $40,000 in the Capital Improvements General Government Buildings Fund 411 for the project; and authorize staff to seek bids for the replacement of the HVAC boiler system serving City Hall. Hansen stated this was discussed at the March work session and covered the interconnection to a second boiler. The report has different boiler scenarios: replace both in -kind, replace both with one, or do nothing. It would be best to get rid of the second boiler and replace the entire plant with one unit. Through extensive analysis it has been determined that everything can be downsized with about a fifteen year payback. Hansen stated this boiler was put in place in 1959. Nawrocki questioned funding. Bill Elrite, Finance Director, stated that $100,000 was budgeted in 2010 and re- appropriated for security work. This year there was $100,000 budgeted for general improvements to city hall, with a small portion to include security cameras and furniture /fixtures for the office area. City Council Minutes Monday, April 25, 2011 Page 12 of 20 Schmitt questioned if there are rebates available. Hansen stated yes, based on the size of the boiler. Rebates should be about $4,000 or $5,000. Upon vote: All ayes. Motion carried. ADMINISTRATIVE REPORTS Report of the City Manager Fehst indicated that there would be an EDA meeting at 6:30 p.m. on May 2, just prior to the work session. Discussion will include information on a new web site and several more Charter amendments. Nawrocki stated that there was not much time allowed to review the draft of the city newsletter and he requested adding information on the Jamboree and Memorial Day service to be held here. Nawrocki referred to a letter against having a community garden next to the person's home. Fehst stated that this year a box garden is proposed for that lot. Nawrocki requested to know the cost of the employee picnic so he could pay for his meal. Peterson indicated that was not the intent of the motion this is in reference to. Report of the City Attorney — nothing to report. CITIZENS FORUM No one came forward. ADJOURNMENT Peterson stated: Remember our service men and women. Pay them your respect; shake their hand. Don't take ourselves too seriously and do a random act of kindness. Peterson adjourned the meeting at 10:27 p.m. P tricia Muscovit*C IC Ci Clerk RESOLUTION 2011 -026 RESOLUTION AUTHORIZING ACCEPTANCE OF A TRAFFIC SAFETY AWARD Whereas, the Columbia Heights Police Department desired to protect the health of its citizens by improving traffic safety and participating in the Toward Zero Death Challenge; and Whereas, under the provision of the Highway Safety Act (P.L. 89 -563), the Minnesota Department of Public Safety has federal funding to promote traffic safety; and Whereas, the Minnesota Department of Public Safety had judged the Columbia Heights Police Department's efforts to increase pedestrian safety to be exceptional, and wants to reward those efforts by providing additional funding for the department; Therefore, be it resolved that the Columbia Heights Police Department enter into an agreement with the Minnesota Department of Public Safety, Office of Traffic Safety for the period from May 1, 2011 to September 30, 2011. The Chief of Police of the City of Columbia Heights is hereby authorized to execute such agreements as are necessary to implement the project on behalf of the Columbia Heights Police Department. City Council Minutes Monday, April 25, 2011 Page 13 of 20 Be it further resolved that the Chief of Police of the City of Columbia Heights is hereby authorized to be the fiscal agent and administer the grant on behalf of the Columbia Heights Police Depai lnient. RESOLUTION 2011 -027 RESOLUTION ACCEPTING BIDS AND AWARDING THE 2011 MISCELLANEOUS CONCRETE REPAIRS AND INSTALLATIONS, CITY PROJECT 1100 TO RON KASSA CONSTRUCTION, INC. WHEREAS, pursuant to an advertisement for bids for City Project No. 1100, Miscellaneous Concrete Repairs and Installations, bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Bidder TOTAL Ron Kassa Construction, Inc. $39,264.70 Thomas and Sons Construction, Inc. $57,305.04 WHEREAS, it appears that Ron Kassa Construction, Inc., 6005 250 St E, Elko, Minnesota is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: The Mayor and Clerk are hereby authorized and directed to enter into a contract with Ron Kassa Construction, Inc. in the name of the City of Columbia Heights, for the 2011 Miscellaneous Concrete Repairs and Installations, City Project No. 1100, for a bid amount of $39,264.70 according to plans and specifications therefore approved by the Council. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made with their bids except the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been signed. City Project No. 1 100 shall be funded with State Aid Maintenance Fund, General Fund, Park Fund, Street Fund, Sewer and Water Fund and PIR funds. RESOLUTION 2011 -024 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by NewCastle Ventures, LLC (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 4321 5th Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on February 28, 2011 of an public hearing to be held on April 25, 2010. 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 or about February 9, 2011 inspection office staff sent a letter requesting the owner of the property to submit a rental license application and schedule a rental inspection for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on February, 28, 2011 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to -wit: Failure to submit rental license application and fees, and failure to schedule a rental property inspection. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article 111 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number U43215 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. City Council Minutes Monday, April 25, 2011 Page 14 of 20 RESOLUTION NO. 2011-030 ORDERING PREPARATION OF A REPORT FOR THE 50 AVENUE TURN LANE, EAST OF CENTRAL AVENUE WIIEREAS, the City Council of Columbia Heights is proposing to add a dedicated right turn lane on 50` Avenue, east of Central Avenue, and; WHEREAS, the City Council intends to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Section 429.011 to 429.111 (Laws 1953, Chapter 398, as amended), and Section 103B.201 to 103B.251, as follows: 50th AVENUE TURN LANE, EAST OF CENTRAL AVENUE NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA that the proposed improvements be referred to Mr. Kevin Hansen, City Engineer, for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvements are necessary, cost effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, the estimated cost of the improvement as recommended, and a description of the methodology used to calculate individual assessments for affected parcels. ORDINANCE NO. 1593 BEING AN ORDINANCE AMENDING ORDINANCE NO 1490, CITY CODE OF 2005 RELATING TO LED, DYNAMIC, AND OTHER SIGNAGE WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.103 of the Columbia Heights City Code, is thereby amended to read as follows: § 9.103 DEFINITIONS. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. SIGN, VARIABLE ELECTRONIC MESSAGE. A dynamic LED sign that changes its message more frequently than once every ten (10) seconds for commercial and industrial properties located in the LB, GB, CBD, I -1 and 1 -2 zoning districts, and a dynamic LED sign that changes its message more frequently than once every ten (10) minutes for religious and /or educational institutions located in the R -1, R -2A, R -2B, R -3, R -4, LB and PO zoning districts. Chapter 9, Article I, Section 9.106 (P)(8) of the Columbia Heights City Code, is thereby amended to read as follows: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) 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 the PO, Public District, in which LED signage may be utilized on existing pylon signs. Motor fuel stations 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 sixty percent (60 %) 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. A dynamic LED sign may not change or move more often than once every ten (10) seconds for commercial, industrial uses, or public uses, and no more than once every ten (10) minutes for religious and /or educational institution uses, 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 five (5) seconds, however information displayed not relating to the date, time or temperature must not change or move more often than once every ten (10) seconds for commercial, industrial uses, or public uses, and no more than once every ten (10) minutes for religious and /or educational institution uses. 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. 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. 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. 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 -half hour before sunset and one half -hour after sunrise. City Council Minutes Monday, April 25, 2011 Page 15 of 20 8. Dynamic LED signs existing on the effective date of this ordinance must comply with the operational standards listed above. An existing dynamic LED sign that does not meet the structural requirements may continue as a non - conforming sign subject to section 9.105 (E). Chapter 9, Article 1, Section 9.106 (P)(9)(d)3. of the Columbia Heights City Code, is thereby amended to read as follows: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (9) Signs in Residential Districts R -I, R -2A, and R -2B. (d) Restrictions on Conditional Use Signs. Signs requiring a Conditional Use Permit in the R -1, Single- Family Residential, and R -2A and R -2B, Two - Family Residential Districts are subject to the following restrictions: 3. Dynamic LED Signs may change its message with a frequency of no less than one (1) message for each ten (10) minutes of display time. Chapter 9, Article 1, Section 9.106 (P)(10)(d)3. of the Columbia Heights City Code, is thereby amended to read as follows: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (10) Signs in Residential Districts R -3 and R -4. (d) Restrictions on Conditional Use Signs. Signs requiring a Conditional Use Permit in the R -3, Limited Multiple - Family Residential, and R -4, Multiple - Family Residential Districts are subject to the following restrictions: 3. Dynamic LED Signs may change its message with a frequency of no less than one (1) message for each ten (10) minutes of display time. Chapter 9, Article 1, Section 9.106 (P)(1 1)(d) of the Columbia Heights City Code, is thereby amended to read as follows: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (11) Signs in LB, Limited Business District. (d) Restrictions on Conditional Use Signs. Signs requiring a Conditional Use Permit in the LB, Limited Business District, are subject to the following restrictions: 1. All signage must be approved through the Conditional Use Permit process as outlined in § 9.104 (H) of the zoning code. 2. All signage must meet the requirements for Dynamic LED signs, as outlined in section 9.106 (P)(8) of this ordinance. 3. Dynamic LED Signs may change its message with a frequency of no less than one (1) message for each ten (10) seconds of display time for commercial businesses. 4. Dynamic LED Signs may change its message with a frequency of no less than one (1) message for each ten (10) minutes of display time for religious or educational institutions. Chapter 9, Article I, Section 9.106 (P)(12)(a)2 of the Columbia Heights City Code, is thereby amended to read as follows: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P)Sign regulations. (12) Signs in CBD, Central Business District. (a) Permitted signs. In the CBD, Central Business District, the following signs shall be pennitted: 1. [SECTION TO REMAIN UNCHANGED] 2. One monument sign not to exceed fifty (50) square feet in size, limited to two sides, not to exceed ten (10) feet in height, and set a minimum of 5 feet from any property line. Chapter 9, Article I, Section 9.106 (P)(12)(d)3 of the Columbia Heights City Code, is thereby amended to read as follows: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (12) Signs in CBD, Central Business District. (d) Restrictions on Conditional Use Signs. Signs requiring a Conditional Use Permit in the CBD, Central Business District, are subject to the following restrictions: 1. Dynamic LED Signs may change its message with a frequency of no less than one (1) message for each ten (10) seconds of display time. Chapter 9, Article 1, Section 9.106 (P)(13)(a)3 of the Columbia Heights City Code, is thereby amended to read as follows: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (13) Signs in GB, General Business District. (a) Permitted signs. In the GB, General Business District, the following signs shall be permitted: 1. [SECTION TO REMAIN UNCHANGED] 2. [SECTION TO REMAIN UNCHANGED] City Council Minutes Monday, April 25, 2011 Page 16 of 20 3. If not located adjacent to a state trunk highway where the 20 -foot building setback cannot be met, one monument sign not to exceed fifty (50) square feet in size, limited to two sides, not to exceed ten (10) feet in height, and setback a iiiininium of 5 feet from any property line. Chapter 9, Article I, Section 9.106 (P)(13)(d)3 of the Columbia Heights City Code, is thereby amended to read as follows: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (13) Signs in GB, General Business District. (d) Restrictions on Conditional Use Signs. Signs requiring a Conditional Use Permit in the GB, General Business District, are subject to the following restrictions: 3. Dynamic LED Signs may change its message with a frequency of no less than one (1) message for each ten (10) seconds of display time. Chapter 9, Article 1, Section 9.106 (P)(14)(d)3 of the Columbia Heights City Code, is thereby amended to read as follows: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (14) Signs in I -I and i -2 Industrial Districts. (d) Restrictions on Conditional Use Signs. Signs requiring a Conditional Use Permit in the I -1, Light Industrial District, and the 1 -2, General Industrial District, are subject to the following restrictions: 3. Dynamic LED Signs may change its message with a frequency of no less than one (1) message for each ten (10) seconds of display time. Chapter 9, Article 1, Section 9.106 (P)(15) of the Columbia Heights City Code, is thereby amended to read as follows: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (15) Signs in the PO, Public and Open Space District. (a) Permitted Signs. In the PO, Public and Open Space District, the following signs shall be permitted: 1. Any number of wall signs on any side of a building not to exceed 200 square feet of total surface area for all wall sign surfaces and limited to one surface per sign. Provided, however, that if a parcel of land on which a building is located directly abuts a residentially zoned land, no wall sign may be located on the side of the building that faces the abutting residential parcel. 2. One monument sign per street frontage for those pubic facility parcels that include governmental offices. Such signs shall not exceed fifty (50) square feet in area, and shall be located no closer than five (5) feet from any property line. 3. Any number of freestanding identification signage used to promote the name of a public city, regional or state park. Such signs shall be no greater than forty (40) square feet in area, shall not exceed ten (10) feet in height, and shall be located no closer than five (5) feet from any property line. (b) Restrictions on permitted signs. Permitted signs in the PO, Public and Open Space District are subject to the following restrictions: 1. Total signage shall not exceed two square feet for each front foot of building or structure. 2. The maximum height of a monument sign shall not exceed ten (10) feet in height. 3. The sign number and area permitted by this section are considered maximum. These maximums, or any portion thereof, which are not utilized by the owner or user of the property are non - transferable to any other property owned, occupied or used by such persons or to any other owner or user of property located in the same or other districts. (c) Conditional Use signs. In the PO District, the followings signs shall require a Conditional Use Permit: 1. A Dynamic LED sign used in conjunction with a governmental facility. (d) Restrictions on Conditional Use Signs. Signs requiring a Conditional Use Permit in PO, Public and Open Space District are subject to the following restrictions: 1. All signage must be approved through the Conditional Use Permit process as outlined in § 9.104 (H) of the zoning code. 2. All signage must meet the requirements for Dynamic LED signs, as outlined in section 9.106 (P)(8) of this ordinance. 3. Dynamic LED Signs may change its message with a frequency of no less than one (1) message for each ten (10) minutes of display time. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. ORDINANCE NO. 1594 RELATING TO FENCES WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia. Heights does ordain: Chapter 6, Article IV, of the Columbia Heights City Code, is proposed to include the following deletions: City Council Minutes Monday, April 25, 2011 Page 17 of 20 §6.401 GENERAL PROVISIONS, §6.402 CONSTRUCTION STANDARDS, §6.403 USE OF FENCES; RESTRICTIONS, and §6.404 ZONING RESTRICTIONS be removed entirely from the City Code. Chapter 9, Article I, Section 9.106 (E) of the Columbia Heights City Code, is thereby amended to read as follows: § 9.106 GENERAL DEVELOPMENT STANDARDS. (E) Fences. (1) General requirements. The following standards shall apply to all fences: (a) Fences may be constructed, placed or maintained in any yard or adjacent to a lot line in accordance with the requirements of this section. (b) The owner of the property upon which the fence is located shall be responsible for locating all property lines prior to constructing said fence. (c) All fence posts and supporting members shall be placed within the property lines of the property on which they are located. (d) All fences shall be situated so that they can be maintained from within the property boundaries of the property on which they are located. (e) All fences shall be constructed so that the finished side or more attractive side of the fence faces the adjacent property or right -of -way. (f) Fences, freestanding walls, and retaining walls shall be constructed in a substantial and workmanlike manner to withstand conditions of soil, weather and use, and of substantial material reasonably suited for the purpose for with the fence, freestanding wall or retaining wall is proposed to be used. No previously used materials may be used in any fence. All fences shall be constructed of the following approved fencing materials: 1. Galvanized or vinyl coated woven fabric — minimum 11'/2 gauge, with two -inch minimum mesh, with knuckles up and cut edge down. 2. Approved vinyl fencing materials. 3. Treated wood or wood of natural materials resistant to decay. (g) Retaining walls or freestanding walls shall be constructed in the following manner: 1. Retaining walls and cribbing shall be used to stabilize steep slopes or prevent erosion. 2. They shall be designed in accordance with sound engineering practice; including, but not limited to, a minimum four -inch concrete footing of appropriate width and drains of appropriate type, size and spacing. 3. Cribbed slopes shall be appropriately planted if open -faced cribbing is used. 4. The retaining wall or freestanding wall shall be constructed in a manner that presents a finished appearance to the adjoining property where applicable. (h) All fences shall be maintained and kept in good condition. (i) Fence height shall be measured from the average grade to the top of the fence. In situations where a grade separation exists at the property line, the height of the fence shall be based on the measurements from the average point between the highest and lowest grade. (j) Barbed wire, razor wire and electric fences shall not be permitted in any zoning district. However, barbed wire may be permitted in industrially zoned districts and property used for public purposes through a Conditional Use Pen process. (k) Fences exceeding six (6) feet in height shall require a building permit from the city. (2) Residential fences. The following standards shall apply to all fences constructed in any residential zoning district or directly adjacent to any residential zoning district: (a) No fence shall exceed seven (7) feet in height. Fences exceeding six (6) feet in height shall be deemed structures and shall require a Conditional Use Permit. (b) Fences along any rear property line that abut a public alley or street shall be located no closer than three (3) feet from said alley or street right -of -way. (c) It shall be the responsibility of property owners with fences within recorded city easements to remove such fence at any time when access to the recorded city easement would require the removal of said fence. (d) A fence extending across or into the required front yard setback shall not exceed 42 inches (3.5 feet) in height; however, fences that are less than 50% opaque may be up to 48 inches (4 feet) in height. (3) Non-residential fences. The following standards shall apply to all fences constructed in any commercial or industrial zoning district: (a) No fence shall exceed eight (8) feet in height. Fences exceeding seven (7) feet in height shall be deemed structures and shall require a Conditional Use Permit. (b) A fence extending across or into the required front yard setback shall not exceed four feet in height. (c) A fence required to screen a commercial or industrial use from an adjacent residential use shall not exceed eight feet in height or be less than six feet in height. In addition, said screening fence shall be no less than 80% opaque on a year round basis. City Council Minutes Monday, April 25, 2011 Page 18 of 20 (4) Fencing of play areas. For parks and playgrounds, either public or private and located adjacent to a public right -of- way or railroad right -of -way, a landscaped yard area no less than 30 feet in width, or a fence no less than 4 feet in height, shall be installed between thcc facility and the right-of-way. Chapter 9, Article I, Section 9.109 (E)(3)(h) of the Columbia Heights City Code, shall include the following addition: § 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: (h) Fences greater than six (6) feet in height. Chapter 9, Article I, Section 9.109 (F)(3)(k) of the Columbia Heights City Code, shall include the following addition: § 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: (k) Fences greater than six (6) feet in height. Chapter 9, Article 1, Section 9.109 (G)(3)(p) of the Columbia Heights City Code, shall include the following addition: § 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: (p) Fences greater than six (6) feet in height. Chapter 9, Article I, Section 9.109 (H)(3)(r) of the Columbia Heights City Code, shall include the following addition: § 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: (r) Fences greater than six (6) feet in height. Chapter 9, Article 1, Section 9.1 10 (D)(3)(t) of the Columbia Heights City Code, shall include the following addition: § 9.110 COMMERCIAL DISTRICTS. (D) LB, Limited Business District. (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the LB, Limited Business 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: (t) Fences greater than six (6) feet in height. Chapter 9, Article I, Section 9.110 (E)(3)(s) of the Columbia Heights City Code, shall include the following addition: § 9.110 COMMERCIAL DISTRICTS. (E) GB, General Business District. (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the LB, Limited Business 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: (s) Fences greater than six (6) feet in height. Chapter 9, Article 1, Section 9.110 (F)(3)(h) of the Columbia Heights City Code, shall include the following addition: § 9.110 COMMERCIAL DISTRICTS. (F) CBD, Central Business District. (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the LB, Limited Business 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: (h) Fences greater than six (6) feet in height. City Council Minutes Monday, April 25, 2011 Page 19 of 20 Chapter 9, Article I, Section 9.111 (D)(3)(i) and (j) of the Columbia Heights City Code, shall include the following additions: § 9.111 INDUSTRIAL DISTRICTS. (D) 1 -1, Light Industrial District. (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the I -1, Light Industrial 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: (i) Fences greater than seven (7) feet in height. (j) Barbed wire fences. Chapter 9, Article I, Section 9.111 (E)(3)(i) and (j) of the Columbia Heights City Code, shall include the following addition: § 9.111 INDUSTRIAL DISTRICTS. (E) 1 -1, Light Industrial District. (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the 1 -1, Light Industrial 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: (i) Fences greater than seven (7) feet in height. (j) Barbed wire fences. Chapter 9, Article 1, Section 9.107 (C)(8) of the Columbia Heights City Code, shall include the following additions: § 9.107 SPECIFIC DEVELOPMENT STANDARDS. (C) Specific development standards. The following uses are subject to specific development standards: (8) Barbed wire fences. (a) Barbed wire fences may only utilize a projecting arm to support the barbed wire, commencing at a point no less than six (6) feet above the ground. (b) At no point shall the projecting arm encroach into the City right -of -way or neighboring properties. *§ 9.107 (C)(8 -47) shall be renumbered accordingly. ORDINANCE NO. 1595 RELATING ANIMAL SHELTERS AND KENNELS WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.107 (C)(2) of the Columbia Heights City Code, is thereby amended to read as follows: § 9.107 SPECIFIC DEVELOPMENT STANDARDS (C) Specific development standards. The following uses are subject to specific development standards: (2) Animal kennel or shelter. (a) Any activity conducted outdoors, including but not limited to play areas, outdoor runs, etc. shall be approved by the City Council through a Conditional Use Permit on a case -by -case basis. (b) Outdoor kennels shall be prohibited. (c) All outdoor activity space shall be completely screened from abutting neighboring residential zoning districts or uses by a six -foot tall privacy fence that is at least 80% opaque. (d) All indoor activity shall include soundproofing and odor control. Chapter 9, Article 1, Section 9.110 (E)(3) of the Columbia Heights City Code, shall include the following addition: § 9.110 COMMERCIAL DISTRICTS (E) GB, General Business District. (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the GB, General Business 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: (s) Animal kennel and/or shelter. RESOLUTION 2011 -028 ACCEPTING BIDS AND AWARDING CONTRACT FOR THE ZONE 6 STREET REHABILITATION WHEREAS, pursuant to an advertisement for bids for City Project No. 1102, Street Rehabilitation Improvements, fifteen bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Bidder Base Bid Alt. 1 Alt. A C & L Excavating $ 981,304.05 $3,225.50 $58,713.80 Kuechle Underground $ 994,324.66 $3,368.00 $56,760.35 Astech Corporation $ 998,847.15 $4,765.00 $60,689.22 Northwest Asphalt $1,014,230.26 $3,272.50 $60,970.30 T.A. Schifsky and Sons $1,026,426.87 $3,859.20 $59,153.25 City Council Minutes Monday, April 25, 2011 Page 20 of 20 Valley Paving $1,029,473.53 $2,513.50 $57,981.20 S R Weidema $1,057,457.88 $4,287.00 $56,223.28 Thomas :Pt Sons Const. $t 09t 08o 15 Nn nnc nn $64 n1 to y l,v /l,v l.lJ y�,V VJ.VV $6 ,01/.10 Palda & Sons $1,100,306.92 $2,689.00 $72,192.98 Veit & Company $1,150,000.80 $3,798.50 $80,332.35 Midwest Asphalt Corp. $1,156,471.20 $3,360.00 $66,822.00 North Valley $1,190,387.34 $2,446.80 $74,188.50 Northdale Const. Co. $ 1,203,471.87 $3,708.90 $83,560.28 Hardrives $1,215,049.73 $3,000.00 $76,901.59 Geislinger & Sons $1,274,778.10 $3,700.00 $67,752.00 WHEREAS, it appears that C & L Excavating, Inc., 7939 Ridgewood Road, Saint Joseph, Minnesota 56374 is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract with C & L Excavating, Inc. in the name of the City of Columbia Heights, for the 2011 Zone 6 Street Rehabilitation Improvements, City Project No. 1 102 according to plans and specifications therefore approved by the Council. 2. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made with their bids except the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been signed. 3. City Project 1 102 shall be funded with State Aid Funds, General Funds (Infrastructure and Assessments), Sanitary Sewer Construction, Water Construction, and Storm Water Utility Construction Funds. RESOLUTION NO. 2011 -029 ACCEPTING BIDS /AWARDING CONTRACT - RAMSDELL PARK IMPROVEMENT TO C. MOGREN, INC. WHEREAS, pursuant to an advertisement for bids for City Project No. 1106, Ramsdell Park Improvement Project, bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Bidder Base Bid Alternates Base Bid + Alternates C Mogren $262,711.00 $155,358.00 $418,069.00 Max Steininger $294,580.36 $184,974.63 $479,554.99 Urban Companies $307,990.00 $182,827.50 $490,817.50 Fitol Hintz Const 308,219.25 $177,291.50 $485,510.75 Ebert Const $321,137.94 $210,845.28 $531,983.22 Sunram Const $343,513.90 $194,255.50 $537,769.40 Odessa 11 $355,653.00 $194,811.50 $550,464.50 Friedges Contr $365,595.12 $195,621.50 $561,216.62 Veit Companies $383,787.28 $191,121.50 $574,908.78 WHEREAS, it appears that C. Mogren, Inc., 17805 Foxhill Avenue N, Hugo, Minnesota is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: The Mayor and Clerk are hereby authorized and directed to enter into a contract with C. Mogren, Inc in the name of the City of Columbia Heights, for Ramsdell Park Improvements, City Project No. 1106, according to plans and specifications therefore approved by the Council. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made with their bids except the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been signed. City Project No. 1 106 shall be funded with Park Capital Improvement Funds, City Utility Funds and ISD #13 funds.