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HomeMy WebLinkAbout04/11/11 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY, APRIL 11, 2011 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on. Monday, April 11, 2011 or immediately following the Board of Equalization in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Mayor Peterson called the meeting to order at 7:15 p.m. Invocation by Senior Pastor Dan Thompson, Columbia Heights Assembly of God Church. Present: Mayor Peterson, Council member, Williams, Council member Nawrocki, Council member Diehm, Council member Schmitt PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA Nawrocki requested to report on a meeting he attended and has an item for the City Manager's report. Peterson indicated this would be addressed under 7C. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Presentation - Toward Zero Deaths Challenge Grant Award Bob O'Brien, Traffic Safety Liaison for the Minnesota Office of Traffic Safety Programs, presented the Columbia Heights Police Department with the second place award for the Toward Zero Deaths Challenge. This challenge reduces crime, crashes, and calls for service. The $2,000 award is for participation in education and working with the community. He indicated appreciation for our Police Department and the great job they do. Nawrocki questioned the criteria for the program. O'Brien stated it is for traffic safety, reduction in crashes, and citizen education. This department competed against some of the biggest departments in the state. Police Chief Scott Nadeau stated that O'Brien is our liaison and he is a great advocate that helps us obtain extra enforcement money and task force funds. He was very helpful assisting us in this complicated grant application and extended our thanks to Mr. O'Brien. Peterson introduced the new Anoka County Sherriff, James Stewart. Stewart indicated his pleasure to meet the Council members. He stated he is striving to reach new levels of collaboration and cooperation, and the partnership with Chief Nadeau has been stellar. He stated his interest to continue to raise the bar in our partnership. Peterson introduced Tony Palumbo, County Attorney. Palumbo indicated his pleasure to work with our City Council and Police Department. Palumbo referred to the new County project he will discuss to include cooperation with all cities. Peterson also introduced County Commissioner Jim Kordiak. He indicated his pleasure to be present. B. Adopt Resolution 2011 -16, being a Resolution Supporting a County -Wide Integrated Public Safety Information System and Supporting the Expansion of the Public Safety Bonding Authority as Provided by Minnesota State Statute 383E Nadeau indicated that Sherriff Steward, County Attorney Palumbo, and Kate McPhearson of the County Attorney's office are present to request support of an integrated public safety information City Council Minutes Monday, April 11, 2011 Page 2 of 16 system for police, fire, and dispatch. Palumbo stated he is also the Chair of the Joint Law Enforcement Council, which promotes and collaborates the needs of Anoka County citizens. He referred to the cooperation that accomplished the 800 MHz system. Palumbo played a video which showed the need for this system and the need for non - financial local government support. The system cost will be between $3 and $3.5 million and the request tonight is for support as this goes through the Legislature. Nawrocki referred to his time on the board and the changes in technology since then. Motion by Nawrocki, second by Diehm, to waive the reading of Resolution 2011 -16, there being ample copies available for the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams, to adopt Resolution 2011 -16, a Resolution Supporting a County -wide Integrated Public Safety Information System, and Supporting the Expansion of the Public Safety Bonding Authority provided by Minnesota State Statute 383E as outlined in House File 429 and Senate File 275. Schmitt asked if this is just for Anoka County or the entire state. Palumbo stated that only Anoka County has joint law enforcement. Diehm indicated this would be a separate item on tax statements. Upon vote: All ayes. Motion carried. C. Proclamation National Library Week - April 11 - 16, 2011 Mayor Peterson read the National Library Week proclamation and presented it to Becky Loader, Library Director. Loader accepted the proclamation and introduced Library Board members President Pat Sowada, Barb Tantenalla, and Katheryn Vesley. Sowada distributed a handout on things to do at the library. Vesley indicated that the Library Foundation has been raising funds for a new library and their next fundraiser is a collaboration with Linder's Garden Center. 15 percent of funds spent will be donated to the Foundation. She thanked Diehm for being the Council representative on the Library Board. Tantenalla spoke on the upcoming library program called "Live at the Library ". Peterson thanked them for their hard work and stated that a new Library Board member would be appointed tonight. D. Proclamation National Arbor Day April 29, 2011 and Arbor Month May, 2011 Mayor Peterson read the National Arbor Day /Month Proclamation. Kevin Hansen, Public Works Director, accepted the proclamation and indicated it would be posted on the internet and cable TV to promote the planting location. CONSENT AGENDA City Manager Walt Fehst took Council members through the Consent Agenda items. Peterson removed item H for discussion. Nawrocki requested to remove items C, F, G, and I for discussion. A. Approve minutes of the March 28, 2011 City Council meeting Move to approve the minutes of the March 28, 2011 City Council meeting. B. Accept Board and Commission minutes Move to accept the minutes of the March 2, 2011 Library Board of Trustees City Council Minutes Monday, April 11, 2011 Page 3 of 16 C. Adopt Resolution 2011 -022 Approving Joint Powers Agreement with Minnesota Bureau of Criminal Apprehension - removed D. Approve Transfer of Public Safety Building Range Rental Fees to be Used for Range Maintenance Move to transfer $2,200 of monies received in Public Safety Building Range rental fees to the Police Department's General Supplies line item 101.42100.2171. These funds will be used to purchase filters necessary for range maintenance. E. Approve Transfer of Funds for JAG I Grant Overtime Reimbursement, Unique Thrift Overtime Details, Safe and Sober, and AHDTF Overtime from General Fund to Police Dept Overtime Line Item #1020 Move to transfer the following from the General Fund to the Police Department 2011 Budget, Overtime Line Item 1020: $4,782.75, the amount of money received from Anoka County as reimbursement for overtime under the JAG I grant; $5,966.25, the amount of money received from Unique Thrift for overtime details; $1,544.59, the amount of money received from Coon Rapids, the grant administrator for the Safe and Sober program; and $2,000, the amount of money received from Anoka County as partial reimbursement for the department's AHDTF Officer. F. Anoka County Connectivity Services Agreement - removed G. Approve appropriation of funds and authorize a contract with EDS Builders for security renovations at City Hall — removed H. Adopt Resolution 2011 -15, being a Resolution establishing City Rates for Yard Waste Carts - removed I. Acceptance of Bids and Award of Contract to Master Mechanical for HVAC Improvements at the Library and Public Works - removed J. Approval of the attached list of rental housing licenses. Move to approve the items listed for rental housing license applications for April 11, 2011 in that they have met the requirements of the Property Maintenance Code K. Approve Business License Applications Move to approve the items as listed on the business license agenda for April 11, 2011 as presented. L. Approve payment of the bills Move to approve payment of the bills out of the proper funds, as listed in the attached check register covering Check number 138512 through 138627 in the amount of $416,069.33. Motion by Diehm, second by Nawrocki, to approve the Consent Agenda items except for items C, F, G, H, and I. Upon vote: All ayes. Motion carried. C. Adopt Resolution 2011 -022 Approving Joint Powers Agreement with Minnesota Bureau of Criminal Apprehension Motion by Diehm, second by Williams, to waive the reading of Resolution 2011 -022, there being ample copies available for the public. Upon vote: All ayes. Motion carried. City Council Minutes Monday, April 11, 2011 Page 4 of 16 Motion by Diehm, second by Williams, to adopt Resolution 2011 -022, a Resolution Approving State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension Joint Powers Agreements with the City of Columbia Heights on Behalf of its City Attorney and Police Department. Chief Nadeau stated this allows us to enter into an agreement with the Bureau of Criminal Apprehension to transact business with them and use their data base. This is an extension of an existing agreement. The cost remains the same and is part of the budget. Upon vote: All ayes. Motion carried. F. Anoka County Connectivity Services Agreement Motion by Diehm, second by Williams, to authorize the Mayor and City Manager to enter into a Connectivity Services Agreement with Anoka County for broadband services. Fehst stated that our current connectivity is through our Comcast franchise; however, the county has received a grant to engage all public buildings in the county. There would be an ongoing cost to the city, but no fees at this point. Bill Elrite, Finance Director, gave the history on the installation of a fiber optic network that would connect Anoka County public buildings. It will be installed in six of our city buildings. We have a soft cost of providing space to place the equipment and will only be charged if we sign up for the service. We are covered for the next five years under Comcast, but would then have the option of the Zayo service. We may connect the Public Safety Building to the criminal system at a cost of $75 a month. Nawrocki questioned if they could spread this out to other points. Fehst stated we would be a silent partner, and if this was sold to the private sector they would pay for the storage space. There is the liability question of them entering our building. They have met all the basic requests of the City Attorney. Nawrocki stated that in the future there may be two high speed internet options in Columbia Heights. He asked where the lines would be run. Fehst stated that most of ours lines would be on poles. Schmitt asked if this would be a duplication of service or if there would be a difference. Elrite stated this would be higher speed internet than provided by Comcast or DSL phone service. It is more of a business service. Upon vote: All ayes. Motion carried. G. Approve appropriation of funds and authorize a contract with EDS Builders for security renovations at City Hall. Motion by Diehm, second by Williams, to re- appropriate the $100,000 that was in the adopted 2010 budget for security renovations at City Hall for the expenses of the 2011 security renovation project. Upon vote: All ayes. Motion carried. Motion by Peterson, second by Diehm to authorize the Mayor and City Manager to enter into a contract for renovations at City Hall with EDS Builders, based on their formal bid of Monday, March 28, 2011, and security quote of Case and Associates and LBP Service and Construction based on their formal quote of March 25, 2011. Fehst stated that we are recommending the low bid for the general improvements, mechanical improvements, and the security improvements at city hall for a total of $94,211.64. The appropriation from the 2010 budget would be used to fund this. City Council Minutes Monday, April 11, 2011 Page 5 of 16 Nawrocki questioned appropriating more than the bid amount. Fehst indicated that the City Hall boiler is also in need of replacement. Fehst stated this would move the utility billing /collection employees to the old fire department office on the first level of City hall, allowing entrance to the building from Mill Street. There would be security improvements for passage to the second floor where people would sign in, receive a visitor's badge and then be able to reach the second floor. Access to the council chambers will be available at all times. Nawrocki stated that if a resident parked on 40 Avenue they would have to walk around to Mill Street to enter. Diehm stated the intent is to separate the access and track the comings and goings, not to restrict the public from meeting with staff. This recommendation comes from the past and present police chiefs. Diehm indicated her support of the project. Nawrocki stated he was not in favor of this as it would make it more cumbersome for citizens to do their business at city hall. There is an advantage to moving bill payments to the lower level. This is a lot of money and we have other debt. Williams called for the question. Upon vote: Schmitt, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, abstain. 3 ayes, 1 nay, 1 abstention. Motion carried. Peterson asked if there was latitude once we are into the project to leave something out. Fehst stated that the plan is not set in stone. Peterson questioned specific heating system improvements for the lower area. Fehst stated that if the improvement can be done for less, we can do that. H. Adopt Resolution 2011 -15, being a Resolution establishing City Rates for Yard Waste Carts Motion by Diehm, second by Schmitt, to waive the reading of Resolution 2011 -15, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Resolution 2011 -15 being a resolution setting the rates for residential yard waste carts in the City of Columbia Heights; and further that the service incurs an annual obligation to pay one full year's worth of charges. Williams stated this is voluntary, not mandatory. Hansen stated it is a follow up to a resident request for wheeled carts. This resolution will amend the contract and set the rates. It is a subscription service only, for properties that want it. Only eight people have requested the service. Diehm repeated that this is the city being responsive to a resident request, following the State requirement of the more expensive biodegradable yard waste bags. Schmitt asked if residents can use a regular garbage can. Fehst stated that if the can is too heavy it may not be picked up. Nawrocki questioned the resident being billed over the whole year and pick up is only during the nice weather months. Hansen stated that yard waste is picked up April through November. Nawrocki asked if the cart could be removed for the four months. Hansen stated it could be picked up during that time. Upon vote: All ayes. Motion carried. 1. Acceptance of Bids and Award of Contract to Master Mechanical for HVAC Improvements at the Library and Public Works Motion by Diehm, second by Williams, to award the contract for 2011 HVAC Improvements to City Council Minutes Monday, April 11, 2011 Page 6 of 16 Master Mechanical, based upon their low, qualified, responsible total bid of $65,700, and accept alternates la in the amount of $5,400 and 1 b in the amount of $5,700 for a total contract award of $76,800; and furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. Nawrocki questioned why there were only two bids. Hansen indicated that four companies contacted us that they would not be bidding because of the reporting requirements tied to the federal funding. The engineer's estimate was $64,000 for the base bid. The high bidder did make a major mistake on their bid, but indicated that even with a correction they still would not have been the low bid. The total for both boilers is $65,700 with alternates for energy efficiency improvements of $11,100. The alternates will allow night setback for energy savings and replacing the wood radiator covers with metal for additional energy savings. Hansen stated the grant is for $42,000 with a 50/50 cost share. Our portion will come from the general government building funds. Upon vote: All ayes. Motion carried. PUBLIC HEARINGS A. Adopt Resolutions 2011 -017, 965 40th Avenue N.E., Apt. #801, 2011 -018, 965 40th Avenue N.E., Apt. #806 being declarations of nuisance and abatement of violations within the City of Columbia Heights. Fire Chief Gary Gorman stated these units were identified during the annual inspection of Parkview Villa. They are cluttered units and we are working with Common Bond to get the tenants to clean them to a safe level. We have received search warrants and request abatement if they do not clean the units on their own. The sprinkled units are not designed for this type of fire load. Motion by Williams, second by Diehm, to close the public hearing and to waive the reading of Resolution Numbers 2011 -017 and 2011 -018 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to adopt Resolution Numbers 2011 -017 and 2011 -018 being resolutions of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the properties pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. B. Adopt Resolutions 2011 -019, 2011 -020, and 2011 -021, being Resolution for the Approval of a Preliminary Plat, Final Plat, and Site Plan for 5025 Central Avenue. Jeff Sargent, City Planner, indicated this request is for a 17,800 foot grocery store at the former Denny's and ice cream store site. The plans meet our requirements, however there were some concerns regarding traffic generated at 50 and Central Avenue. MnDot is scheduled to redo this turn lane in 2012 or 2013. Nawrocki requested to hear comments from the Planning and Zoning Commission (P &Z) members. Sargent indicated their questions on stripping the 50 and Central Avenue turn lane. They did not have concerns with the use of the property. Resident concerns were of additional traffic on Tyler and safety of the children in the area. Nawrocki stated that Jimmy John's delivery vehicles park on the street rather than in the parking lot. He pointed out the possible use of the other exits if heading north from the store and suggested no parking along that part of 50 Avenue. Sargent showed maps of the current layout and recommended intersection. Hansen stated that MnDot plans to add a turn lane, but reconstruction of the traffic signal would be a local cost. An improvement would be similar to the liquor store across the street. City Council. Minutes Monday, April 11, 2011 Page 7 of 16 Nawrocki questioned the legality of which lane to pull into when leaving the parking lot. Hoeft stated that it would not be a problem and they can pick their lane when they come out of the lot. Sargent stated that we required the dedication of that lane for future use, but the question is whether to do this during construction or wait and see if there is a traffic problem. Nadeau stated that if it is similar to the liquor store, we do not anticipate a problem. Nawrocki stated there are not official lanes. Hansen indicated there currently is not enough room for three lanes; we would have to put in a turn lane and change the stoplights to accommodate the turn lane. Todd Hansen, 4918 Tyler, stated there is no way that the intersection as it is now situated will work. Let the business come in, but this intersection is dangerous. There are three lanes used at this point. He stated his concern is for the people on Tyler as people will not go out on 50 but will go around to 49` instead. He requested there be no Aldi construction traffic in the residential area and also consideration for permanent no through traffic signs. There are 15 children in this area. Lee Stauch, 1155 Khyber Lane, expressed concern that cars will stacked at the intersection. He stated the need for four lanes at that intersection and that Aldi dedicate the land and pay for the roadwork. Peterson stated that this is a commercial site. There is a 10 foot area dedicated for the turn lane. Staff will work with Aldi and other businesses on this. He referred to the same concerns when Sonic was built, but it has been just fine. Aldi's is not jam packed, but a consistent flow of traffic. Peterson stated his pleasure to see them come into our community. The vacated building was not very nice and will come down. Nawrocki questioned who owns the service road that will be closed off. Hansen stated it was privately maintained and will be closed off. Schmitt stated she would like to see a "legal" third lane and felt four lanes would be too many. Hansen stated the proper way would be to handle this internally and look at the surrounding areas for assessment. Staff would return with formal resolutions and initiate the process for a feasibility report. Schmitt requested it be similar to the one by the liquor store. Diehm requested to hear from the Aldi representative. Andy Brandel, I &S Group and consultant for Aldi, stated he is present for the approval of the site plan. The city did ask Aldi to provide an easement for future turn lane. It was not required, but Aldi did so and it will be recorded on the plat after approval. Traffic concerns are the city's responsibility, and we cannot say what affect our project will have on this corner. We have moved entrances over and eliminated the frontage road to ease traffic. We want to give customers the most options possible. Deliveries will come in on the north side. Diehm stated that the Council is open to concerns of the neighbors and referred to the extent other businesses are responsible for current traffic issues. She suggested Aldi place signs to direct their delivery trucks. Brandel indicated they have their own trucks and properly direct them to the delivery area. Nawrocki questioned if Aldi would be willing to put in the right turn lane as part of their construction. Brandel stated that is not something they would be willing to put forth and it would have to go back to Aldi Corporate. Nawrocki asked if they would agree to be assessed for the project. Ryan Stemmons, Aldi Director of Real Estate, indicated that they are willing to work with the City Council Minutes Monday, April 11, 2011 Page 8 of 16 city or MnDot regarding additional access to make the area as safe as possible. Assessing is out of our hands. We felt we were fair offering the easement as opposed to donating the property. As for being willing to pay for the road, it would have to go to corporate and could jeopardize the project. Nawrocki stated that the turn lane would only be needed for Aldi's. Stemmons disagreed as citizens use it and there are other commercial businesses that use that access as well. Stemmons indicated that this may increase business for Jimmy John's and asked if it is fair for Aldi's to pay for a road that increases Jimmy John's business. Schmitt relayed a question Adam Davis asked if there would be a future office building to the east could a road be added to the back side. Nawrocki stated that is the access for that building. Peterson stated that this seems to be looking for problems. We have anxiously waited for Aldi's. There were previously restaurants at this site and the accesses were bad. This will be better. He again referred to the assumed Sonic problem that never materialized. He only expects them to be a good neighbor. We should be welcoming them. If it becomes a problem, they have given us an easement. Peterson stated that Stemmons spoke to residents after the P &Z meeting and they will work with them during construction and with their transportation companies. We will work to satisfy the residents. Diehm also welcomed Aldi to the community and asked for a quick overview of the company. Stemmons indicated that Aldi has been active for over 30 years, with over 1,000 stores in over 30 states. The hours are 9:00 a.m. to 8:00 p.m. and 10:00 a.m. to 6:00 p.m. on Sunday. They are closed on holidays. Stemmons indicated their excitement to come to Columbia Heights. Schmitt again stated that she would like to see a turn lane like the other side of the street at the liquor store. She suggested Tyler Street prohibit delivery trucks rather than all traffic; trucks would be easier to regulate. Diehm stated that as part of the recommendation we could ask the Traffic Commission to look at Tyler Street and what type of signage might be appropriate, whether it is no through traffic or no delivery vehicles, and have them seek input from area residents as well as the recommendation to look at restricting parking on 50`". If we are interested in an additional turn lane, it would be appropriate for staff to come back to us with proposals. If it is something we would want to coordinate with construction, we need to look at how to do that, whether it is through a 429 process or something else. Public Works could bring this forward. Schmitt questioned what the turn lane cost was at the liquor store site. Motion by Diehm, second by Williams, to waive the reading of Resolution 2011 -019, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Resolution No. 2011-019, approving the Preliminary Plat for the Aldi Addition, subject to the conditions outlined in Resolution No. 2011- 019. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to waive the reading of Resolution 2011 -020, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams to adopt Resolution No. 2011 -020, approving the Final Plat for the Aldi Addition, subject to the conditions outlined in Resolution No. 2011-020. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams to waive the reading of Resolution 2011 -021, there City Council Minutes Monday, April 11, 2011 Page 9 of 16 being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams to adopt Resolution No. 2011 -021, approving the Site Plan for the Aldi Grocery Store located at 5025 Central Avenue, subject to the conditions outlined in Resolution No. 2011 -021. Upon vote: All ayes. Motion carried. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1. 1st Reading of Ordinance 1593, being a Zoning Amendment as it relates to LED Signage. Sargent referred to the ordinance passed in 2008 which prohibited flashing signs, the restriction of signs to not change more than once every 10 minutes in a business district and once every 30 minutes in a residential district, and the 8 foot height limit for a monument sign. Suggested changes increase monument size from 8 to 10 feet, maximum size from 40 square feet to 50 square feet, increase the LED portion of the monument sign from 50% to 60 %, increase the frequency for LED displays from once every 10 minutes to once every 10 seconds for commercial /industrial districts and from once every 30 minutes to once every 10 minutes for all other districts. Sargent stated that staff recommended the 10 second sign change and the Planning and Zoning Commission recommended a one minute sign change limit. Sargent indicated that similar communities were surveyed for the time change limit they allow. These changes would be a 25 percent increase over what is allowed by our design guidelines. This is consistent with the Comprehensive Plan to allow viability of our community. Fehst stated this was asked on behalf of our liquor store and the sign at city hall. The sign at city hall must be changed by hand and is a safety hazard. We are looking at a sign similar to St. Anthony with simple red dots. Their sign changes every 10 seconds and is not garish. As for the liquor store, these signs are the way of the future and for the expense we should use them as intended. We could live with one minute, but 10 seconds would not be unreasonable. Fehst asked what the DOT does. Sargent stated that highway signs change once every 10 seconds. Peterson indicated comments at the P &Z meeting that people miss information because the sign is too slow. We should relax the ordinance as we want to draw in people and businesses. Peterson agreed with the 10 second change. Diehm indicated it is in our favor to support our businesses. Going from 10 minutes to one minute is a significant change. Schmitt agreed that the 10 second change is just fine. She has seen this in other cities and it is a fair example of what is appropriate. The limited business district was discussed. Sargent stated it would allow change once every 1 min and once every 10 minutes for churches and schools. Schmitt stated that we have schools and churches in the limited business area and did not feel it was necessary to treat schools and churches differently than businesses. Nawrocki stated that you know when you are entering Columbia Heights by the proliferation of signage and it is gaudy. Instead of loosening the ordinance we should tighten it up. Peterson begged to differ. He referred to the Welcome to Columbia Heights sign. Schmitt addressed the size of the monument signs, indicating that with all of the snow we had this winter, a lot of the signs were half covered and were hard to see. Businesses that have paid all this money for signs and then to have them covered by snow is a disservice to them. Nawrocki stated that the welcome sign on 37` and Reservoir is a tasteful sign, and if signs like that continued up the street he would not make the comment he did. City Council Minutes Monday, April 11, 2011 Page 10 of 16 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 set the second reading of Ordinance No. 1593, for Monday, April 25, 2011, at approximately 7:00 p.m. in the City Council Chambers. Diehm requested that for the second reading the Council receive information on signage from St. Anthony, Fridley, and New Brighton. Schmitt questioned why the short time would only be allowed in the General Business district. Sargent indicated that it could be disruptive to neighbors. Upon vote: Schmitt, aye; Williams, aye; Diehm, no; Nawrocki, no; Peterson, aye. 3 ayes — 2 nays. Motion carried. 2. 1st Reading of Ordinance 1594, being a Zoning Amendment as it relates to Fences. Sargent stated this includes changes requested from the previous first reading of the ordinance. This will put fence information all in one section of the city code. The request was to look at barbed wire fences. They would require a Condition al Use Permit, only be allowed on top of a six foot fence and could not protrude on to the right -of -way or into neighbor's yards. Motion by Diehm, second Williams, to waive the reading of Ordinance No. 1594, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second Williams, to set the second reading of Ordinance No. 1594, for Monday, April 25, 2011, at approximately 7:00 p.m. in the City Council Chambers. Upon vote: All ayes. Motion carried. 3. 1st Reading of Ordinance 1595, being a Zoning Amendment as it relates to Animal Shelters. Sargent stated this is a clean -up of the zoning code for animal shelter requests. It was not addressed where they could be located. This would allow shelters in the General Business district by a Conditional Use Permit. Animals could go outside but not be sheltered outside, and would require a privacy fence and other items such as sound proofing. Sargent indicated this would be for boarding animals or rescued animals, not veterinarian clinics. Nawrocki stated he would like to see an example before the final vote. Motion by Williams, second by Diehm, 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 set the second reading of Ordinance No. 1595, for Monday, April 25, 2011, at approximately 7:00 p.m. in the City Council Chambers. Upon vote: All ayes. Motion carried. B. Bid Considerations - none C. New Business and Reports I . Appointments to City Board and Commissions Motion by Diehm, second by Nawrocki, to appoint Stephen Smith to the open three year term on the Library Board of Trustees. Upon vote: All ayes. Motion carried. Motion by Schmitt, second by Diehm, to appoint Tracey Kinney to the open four year term on City Council Minutes Monday, April 11, 2011 Page 11 of 16 the Planning and Zoning Commission. Upon vote: All ayes. Motion carried. Motion by Schmitt, second by Diehm, to appoint Joseph Wolney to the open two year term on the Telecommunications Commission. Upon vote: All ayes. Motion carried. Motion by Schmitt, second by Diehm, to reappoint Robert Peltier to a two year term on the Telecommunications Commission. Upon vote: All ayes. Motion carried. 2. Miscellaneous Nawrocki stated that he attended the Local Government Officials meeting and paid the $25 for his meal. The discussion included emergency management and City, County, and School District collaboration. Nawrocki questioned the follow up to the enclosing trash containers for multiple dwellings meeting. Fehst stated this has now been put on hold. We will look to see what other cities are doing. Apartment owners were against it. It should be up to them to work with their tenants. We think that dumpsters /containers should be off of the streets and out of view. Nawrocki stated that we don't enforce our current laws and should enforce more pick -ups. Peterson stated that every situation is different; there are good and bad landlords. We can get tougher on our ordinances like we did on tall grass. Schmitt suggested a recycling day for TV's, monitors, and computer. Nawrocki stated that Veolia will pick up these items if you call them. Fehst stated that we pick up everything now. Residents should have no reason to store such items. ADMINISTRATIVE REPORTS Report of the City Manager — nothing to report Report of the City Attorney — nothing to report CITIZENS FORUM Jeff Diehm, 5125 St. Moritz, stated that he is encouraged by the Aldi development. While on vacation in Germany and visiting a very well to do family found that they have an Aldi's and love it. It will fit well in our community. He applauded staff for their efforts on this. As for a turn lane, it was a bad intersection before this and if it is so bad we should fix it. Fehst stated that the League of Minnesota Cities conference will be on June 15 -17 in Rochester. He indicated that this is the one conference that Council should consider putting back in the budget. Schmitt stated that she will attend this conference for the "first time" rate of $99. Nawrocki also indicated his plans to attend. Fehst stated that Lona Schreiber, our Metropolitan Council representative, will attend our May 9th City Council meeting. Peterson invited residents to attend the Columbia Heights High School production of "Beauty and the Beast ". Peterson stated that our service men and women are doing a marvelous job. Don't forget them in your thoughts and prayers. Don't take yourselves too seriously; the more days you spend happy, the better off you will be. Do a random act of kindness. ADJOURNMENT Mayor Peterson adjourned the meeting at 10:32 p.m. City Council Minutes Monday, April 11, 2011 Page 12 • — t , c _ Es c.. Patricia Musco Liz .-CMC C ty Clerk RESOLUTION NO. 2011-16 RESOLUTION SUPPORTING A COUNTY -WIDE INTEGRATED PUBLIC SAFETY INFORMATION SYSTEM AND SUPPORTING THE EXPANSION OF THE PUBLIC SAFETY BONDING AUTHORITY AS PROVIDED BY MN STATE STATUTE 383E WHEREAS, the Anoka County Joint Law Enforcement Council (JLEC) was formed to benefit the public safety of the citizens of Anoka County; and WHEREAS the JLEC has nearly four decades of experience successfully creating and managing shared services for its member communities; WHEREAS, the City of Columbia Heights has actively participated in the JLEC through the participation of our chief law enforcement officer and our elected officials; and WHEREAS, the Anoka County Fire Protection Council, which represents the 15 fire departments in Anoka County, unanimously supports a shared public safety data system; and WHEREAS, the safety of the public and police and fire personnel will be enhanced by improvements in the speed and accuracy of shared public safety information systems; and WHEREAS, the public safety databases are aging and outdated, do not support effective data sharing, and do not support data archiving and crime analysis activities, and WHEREAS, significant public safety staff resources may be redirected from redundant data entry to more effective public safety efforts; and WHEREAS, both residents of and public safety agencies in Anoka County have benefitted from improved public safety, increased effectiveness, and resource conservation due to the resulting economies of scale provided by shared and consolidated services; and WHEREAS, the JLEC desires to implement a comprehensive shared public safety information system in Anoka County whereby law enforcement, fire, jail, dispatch, and emergency preparedness data may be maintained and shared; and WHEREAS, the JLEC, the Anoka County Fire Protection Council and the Anoka County Board support a legislative change to allow the use of the specific bonding authority provided in Minnesota Statute 383E to fund county -wide public safety projects; NOW, THEREFORE, be it resolved that the City Council of the City of Columbia Heights does with this action, support and endorse a countywide integrated public safety information system; and BE IT FURTHER RESOLVED that the City Council does hereby support the expansion of the public safety bonding authority provided by MSS 383E to county-wide public safety projects as provided for in HF 429 and SF 275. RESOLUTION 2011 -022 RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF COLUMBIA HEIGHTS ON BEHALF OF ITS CITY ATTORNEY AND POLICE DEPARTMENT WHEREAS, the City of Columbia Heights on behalf of its Prosecuting Attorney and Police Department desires to enter into Joint Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension to use systems and tools available over the State's Criminal Justice Data Communications network for which the City is eligible. The Point Powers Agreements further provide the City with the ability to add, modify and delete connectivity, systems and tools over the five year life of the agreement and obligates the City to pay the costs to the network connection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Columbia Heights, Minnesota as follows: 1. That the State of Minnesota Joint Powers Agreements by and between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension and the City of Columbia Heights on behalf of its City Council Minutes Monday, April 11, 201 1 Page 13 of 16 Prosecuting Attorney and Police Department, are hereby approved. Copies of the Joint Powers Agreement is attached to this Resolution and made a part of it. 2. That the Chief of Police, Scott Nadeau, or his successor, is designated the Authorized Representative for the Police Department. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State, 3. That James Hoeft, City Attorney, or his successor, is designated the Authorized Representative for the Prosecuting Attorney. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. 4. That Gary Peterson, the Mayor for the City of Columbia Heights, and Patricia Muscovitz, the City Clerk, are authorized to sign the State of Minnesota Joint Powers Agreements. RESOLUTION 2011 -15 BEING A RESOLUTION SETTING THE RATES FOR RESIDENTIAL YARD WASTE CARTS IN THE CITY OF COLUMBIA HEIGHTS WHEREAS; the state law that requires compostable yard waste bags may cause a hardship on residents because of the price for the appropriate bags, and; WHEREAS; a Refuse contract amendment was approved by the City Council November 22, 2010 to provide an option for residents to utilize contractor supplied containers or carts instead of bags, and; WHEREAS, the approved Refuse contract has established the prices that Veolia Environmental Services will charge the City for providing and servicing a yard cart, and; WHEREAS, the yard cart service incurs an annual subscription with an obligation to pay one full year's worth of charges that will include only the additional cost of providing and servicing a cart, and; WHEREAS, an invoice, separate of the utility bill will be sent to residents for one year's worth of yard cart charges. The proposed annual charge equals 12 months of Veolia contracted charges, BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights that the following rates to be paid by the City of Columbia Heights to Veolia Environmental Services shall be effective for all billings rendered on or after April 1, 2011: 2011 2012 2013 2014 $49.44 $50.88 $54.60 $56.28 BE IT FURTHER RESOLVED that all foregoing rates do not include state fees or sales tax, and BE IT FURTHER RESOLVED that all state fees and taxes will be added to the invoice in addition to the foregoing rates. RESOLUTION 2011 -017 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article 11, of City Code, of the property owned by City of Columbia Heights HRA (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 965 40` Avenue N.E., Apt. #801, Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on March 28, 2011. 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 February 14, 2011 an inspection was conducted on the property listed above. Inspectors found violations. A compliance order was sent via regular mail to the owner at the address. City Council Minutes Monday, April 11, 2011 Page 14 of 16 2. That on March 28, 2011 inspectors reinspected the property listed above. Inspectors noted that violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on April 4, 2011 inspectors reinspected the property and found that violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall remove all excessive storage from this apartment. Stacked floor to ceiling. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 965 40 Avenue N.E., Apt. #801 is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 965 40 Avenue N.E., Apt. #801 constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2011 -018 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by City of Columbia Heights HRA (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 965 40 Avenue N.E., Apt. #806, Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article 11, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on March 28, 2011. 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 February 14, 2011 an inspection was conducted on the property listed above. Inspectors found violations. A compliance order was sent via regular mail to the owner at the address. 2. That on March 28, 2011 inspectors reinspected the property listed above. Inspectors noted that violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on April 4, 2011 inspectors reinspected the property and found that violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall remove all excessive storage from this apartment. Stacked floor to ceiling. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 965 40 Avenue N.E., Apt. #806 is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 965 40 Avenue N.E., Apt. #806 constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION NO. 2011 -019 APPROVING A PRELIMINARY PLAT SUBDIVISION WITH CERTAIN CONDITIONS FOR ALD1, INC. WHEREAS, a proposal (Case No. 2011 -0402) has been submitted by Aldi, Inc. to the City Council requesting a subdivision from the City of Columbia Heights Subdivision Code at the following site: ADDRESS: 5025 Central Avenue EXISTING LEGAL DESCRIPTIONS: On File at City Hall PROPOSED LEGAL DESCRIPTION: Lot 1, Block 1, Aldi Addition City Council Minutes Monday, April 11, 2011 Page 15 of 16 THE APPLICANT SEEKS APPROVAL OF A PRELIMINARY PLAT SUBDIVISION. WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed subdivision upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; and has held the required public hearing on this proposal on April 5, 2011. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: I. The proposed preliminary plat conforms to the requirements of §9.114. 2. The proposed subdivision is consistent with the Comprehensive Plan. 3. The proposed subdivision contains parcel and land subdivision layout that is consistent with good planning and site engineering design principles. FURTHER, BE IT RESOLVED, that the attached condition, plans, maps, and other information shall become part of this subdivision approval. CONDITIONS: 1. An easement shall be provided over the stormwater treatment area, along with an on -going maintenance plan for facility — the City can provide a suggested form. 2. Prior to at the time of issuing a building permit, surety in the form of a Letter of Credit or cash escrow shall be provided to Public Works in the amount of $5,000 /acre for erosion control & site restoration in accordance with the City stone water management code. This will be returned following completion of turf establishment. 3. A letter of credit (LOC) needs to be provided prior to at the time of issuing a building permit for the public improvements, restoration in the public ROW and site landscaping. The calculation of the LOC shall include the removal and reconstruction of the alley and complete site landscaping x 1.25. This will be returned following completion of turf establishment. 4. For engineering site inspection, the Developer shall provide $1,500 to be deposited in an engineering escrow account for staff inspections of public ROW improvements, site SWPPP activities and utility work. All unused funds are returned to the Developer at project completion. 5. All erosion control measures shall be installed and inspected by the Engineering department prior to any site activities beginning. 6. The proposal will require a work within ROW permit from MnDOT. 7. All construction traffic shall be directed through the vehicle tracking pads, as indicated on the SWPPP plan. 8. All slopes greater than 3:1 shall be provided erosion control blanket. 9. Catch basin inlet protection, such as Wimco's or equivalent shall be provided on catch basins until restoration is completed. 10. Site /Civil work shall be inspected by the City Engineering Department (connection to public stone sewer system or work within ROW). 24 -hour advance notice of an inspection is required. 11. The City standard for drive entrances is a concrete apron matching the concrete curb and gutter. 12. An NPDES permit will be required, at the time of construction. The City also reserves the right to require additional erosion control measures during construction, as conditions warrant. 13. All restoration of turf areas in the Public Right -of -Way (ROW) shall be by four (4) to six (6) inches of topsoil /sodding. 14. Prior to installation of the storm water system, all heavy equipment shall be kept out of the storm water system footprint in order to prevent compaction of soils in the proposed infiltration area. 15. All work within Public ROW shall be inspected by the City Engineering Department. Twenty four (24) hour advance notice of an inspection is required. 16. All utilities (water main, sanitary sewer and storm sewer), shall meet the City of Columbia Heights specifications for materials and installation. 17. Disconnect any existing utility service stubs in accordance with Public Works requirements. 18. All sidewalks shall meet ADA requirements for pedestrian ramps and grade. RESOLUTION NO. 2011-020 RESOLUTION APPROVING A FINAL PLAT SUBDIVISION WITH CERTAIN CONDITIONS FOR ALDI, INC WHEREAS, a proposal (Case No. 2011-0402) has been submitted by Aldi, Inc. to the City Council requesting a subdivision from the City of Columbia Heights Subdivision Code at the following site: ADDRESS: 5025 Central Avenue EXISTING LEGAL DESCRIPTION: On File at City Hall PROPOSED LEGAL DESCRIPTION: Lot 1, Block 1, Aldi Addition THE APPLICANT SEEKS APPROVAL OF A FINAL PLAT SUBDIVISION. City Council Minutes Monday, April 11, 2011 Page 16 of 16 WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed subdivision upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; and has held the required public hearing on this proposal on April 5, 2011. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The final plat substantially conforms to the approved preliminary plat. 2. The final plat conforms with the requirements of Section 9.114. FURTHER, BE IT RESOLVED, that the attached condition, plans, maps, and other information shall become part of this subdivision approval. CONDITIONS: 1. All conditions set forth in the City of Columbia Heights' subdivision ordinance shall be met per Code Section 9.114. RESOLUTION NO. 2011-021 RESOLUTION APPROVING A SITE PLAN FOR AN ALDI GROCERY STORE LOCATED AT 5025 CENTRAL AVENUE WITHIN THE CITY OF COLUMBIA HEIGHTS, MN WHEREAS, a proposal (Case #201 1 -0402) has been submitted by Aldi, Inc., to the City Council requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS: 5025 Central Avenue LEGAL DESCRIPTION: Lot 1, Block 1, Aldi Addition THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for the construction of a 17,886 square foot grocery store located at 5025 Central Avenue. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on April 5, 2011; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and risk to public safety. in the surrounding area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: 1. The site plan conforms to all applicable requirements of this article. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. 3. The site plan is consistent with any applicable area plan. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right -of -way. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. All application materials, maps, drawings and descriptive information shall become part of the permit.