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HomeMy WebLinkAbout04/23/2012 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY, APRIL 23, 2012 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, April 23, 2012 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Pastor Dan Thompson, Assembly of God 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 Mayor Peterson removed Resolution 2012-41 and 2012-45, in that the properties have been brought into compliance. Motion by Nawrocki that Council Corner be added to the agenda. Peterson stated that was, and would again be discussed at a work session. As no second was received, motion died for lack of a second. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Retirement - Marsha Tubbs Peterson stated that Marsh Tubbs is retiring after 28 years as the Columbia Heights Children's Librarian. He read the history of her service. Peterson presented Marsha Tubbs with a plaque recognizing her years of service. Tubbs stated it was an honor to be an employee of the City of Columbia Heights and to be under the guidance of Rebecca Loader. Diehm personally thanked her on her behalf, and that of the Library Board and the Citizens of Columbia Heights. B. Global Academy— letters Schmitt stated she gave a presentation to the Global Academy fourth grade class. She shared excerpts from the packet of letters she received. Nawrocki stated that the MN Dept. of Transportation held a meeting on the TH 65 reconstruction that will begin in April and continue throughout the summer. He listed when sections of the roadway will be closed. Diehm stated that the Columbia Heights High School Drama Department will perform Guys and Dolls. She listed the performance dates and gave ticket information. Peterson stated that at noon on May 19"'Ramsdell Park will be rededicated. CONSENT AGENDA Nawrocki requested to remove items A, C, E, F, and H for discussion. City Manager Walt Fehst took Council members through the Consent Agenda items. A. Approve City Council meeting minutes - removed B. Accept Minutes of the Boards and Commissions City Council Minutes Monday,April 23,2012 Page 2 of 14 Motion to accept the March 7, 2012 Library Board meeting minutes. Motion to accept the unapproved April 2, 2012 Traffic Commission meeting minutes. Motion to accept the December 5, 2012 Traffic Commission meeting minutes. C. Establish a public hearing to consider alley lighting - removed D. Adopt Resolution 2012-047 to receive petition and order the preparation of a feasibility report for an alley improvement Motion to waive the reading of Resolution 2012-047, there being ample copies available to the public. Motion to adopt Resolution 2012-047 being a resolution receiving the petition and ordering preparation of a report for an alley improvement between Jackson and Van Buren Streets, north of 40th Avenue to approximately 300 feet. E. Adopt Resolution 2012-038, begin a Resolution authorizing acceptance of the Feasibility Report for the cleaning and lining of 3,920 lineal feet of water main (Under the City Of Minneapolis 2012 Program) City Project No. 1203 - removed F. Accept the Engineering Report for the Argonne sanitary sewer lift station, Municipal Project #1114, and order preparation of final plans and specifications - removed G. Authorize an agreement with the owner of 4347 Central Avenue to obtain MnDOT permit for construction of a private fire service line. Motion to authorize the Mayor and City Manager to enter into an agreement with the owner of 4347 Central Avenue to obtain a MnDOT permit for construction of a private fire service line within the MnDOT right-of-way for TH 65 (Central Avenue). H. Adopt Resolution 2012-046 being a resolution ordering preparation of a feasibility report for sidewalk on 43rd Avenue from Quincy Street to Central Avenue - removed I. Approve Business License Applications Motion to approve the items as listed on the business license agenda for April 23, 2012 as presented. J. Approval of attached list of rental housing applications. Motion to approve the items listed for rental housing license applications for April 23, 2012 in that they have met the requirements of the Property Maintenance Code. K. Review Payment of the Bills Motion that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has received the list of claims paid covering check number 143160 through 143316 in the amount of $532,889.71. Motion by Diehm, second by Schmitt, to approve the Consent Agenda items, with the exception of items A, C, E, F, H. Upon vote: All ayes. Motion carried. Nawrocki stated that the Library minutes referred to a change in the Strategic Plan. He requested a copy of the change. City Council Minutes Monday,April 23,2012 Page 3 of 14 A. Approve City Council meeting minutes Nawrocki stated that his reference to not liking precious metal dealers was because it would take extra attention by the police department. Motion by Diehm, second by Williams, to approve the minutes of the April 9, 2012 Board of Equalization meeting and the minutes of the April 9, 2012 City Council meeting. Upon vote: All ayes. Motion carried. C. Establish a public hearing to consider alley lighting Motion by Diehm, second by Williams, to establish May 14, 2012 at 7:00 p.m. as a Public Hearing date for consideration of alley lighting between 4824 and 4828 5th Street. Nawrocki stated there are already lights there. Kevin Hansen, Public Works Director, referred to the map in the packet and indicated there are two lights there. This light was previously paid for by a private party that is no longer there. Eight area residents are requesting to pay for the lighting through a yearly assessment of$12 per property. Upon vote: All ayes. Motion carried. E. Adopt Resolution 2012-038, begin a Resolution authorizing acceptance of the Feasibility Report for the cleaning and lining of 3,920 lineal feet of water main (Under the City Of Minneapolis 2012 Program) City Project No. 1203 Motion by Diehm, second by Schmitt, to waive the reading of Resolution 2012-038, there being ample copies available for the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Schmitt, to adopt Resolution 2012-038 which accepting the Feasibility Report for the 2012 Water Main Cleaning and Lining Program and orders the Public Improvement for water main cleaning and lining of pipe totaling 3,920 lineal feet, under the City of Minneapolis Cleaning and Lining program for 2012. Nawrocki asked if this work would be assessed. Hansen stated this program was established in 2005. The method for cleaning and lining the main line is paid by the city. Necessary repairs for property owners would be assessed. He described the work needed to open and close the lines to do this. Any lines that are inoperable would require repair. Hansen described the notification process and the petition and waiver if the city is asked to do the repairs. Hansen described the locations of the 4,000 feet to be cleaned. Williams asked Hansen the program cost. Hansen stated the program averages $250,000 per year. City crews dig the access holes and complete the restoration work. This is a collaborative effort with the City of Minneapolis. Payment comes from the water fund, which is supported by the utility rates. This lining process adds from 30 to 50 years to the life of the pipe. Upon vote: All ayes. Motion carried. F. Accept the Engineering Report for the Argonne sanitary sewer lift station, Municipal Project #1114, and order preparation of final plans and specifications Motion by Diehm, second by Williams, to accept the Engineering Report for the Argonne Lift Station, City Project #1114, and order preparation of Final Plans and Specifications. Nawrocki questioned the cost for the 60 homes that would be affected and asked if we could add these homes to another line, such as St. Anthony? Hansen stated that was researched, but it was City Council Minutes Monday,April 23,2012 Page 4 of 14 determined there was not a gravity line that would work to hook up to. Hansen stated this is paid out of utility funds. Upon vote: All ayes. Motion carried. H. Adopt Resolution 2012-046 being a resolution ordering preparation of a feasibility report for sidewalk on 43rd Avenue from Quincy Street to Central Avenue Motion by Williams, second by Schmitt, to waive the reading of Resolution 2012-046, there being ample copies available for the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Schmitt, to adopt Resolution 2012-046, being a resolution ordering preparation of a report for a sidewalk on north side of 43rd Avenue NE between Quincy Street and Central Avenue, based on the recommendation of the Traffic Commission. Nawrocki asked what side of 43rd this is. Hansen stated it would be on the north side of 43rd Avenue, abutting the Rainbow shopping center. Nawrocki asked if this would be assessed. Hansen stated that current policy states abutting owners pay the assessment. Upon vote: All ayes. Motion carried. PUBLIC HEARINGS A. Adopt Resolutions 2012-41, 1214 44th Avenue N.E., 2012-42, 4542 7th Street N.E., 2012-43, 1113 Gould Avenue N.E., 2012-44, 4131 Jefferson Street N.E., and 2012-45, 1337-39 Circle Terrace Blvd. N.E. being Resolutions of the City Council of the City of Columbia Heights approving rental license revocation for failure to meet the requirements of the Property Maintenance Codes. Resolution 2012-41 and 2012-45 removed. Fire Chief Gary Gorman listed specific violations for each rental license revocation request. Motion by Williams, second by Schmitt, to close the public hearing and to waive the reading of Resolution Numbers 2012-42, 43, and 44 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Schmitt, to adopt Resolution Numbers 2012-42, 43, and 44 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. B. Approve suspension of Liquor License for Mr. BBQ at 4811 Central Ave NE Scott Clark, Community Development Director, requested a two day liquor license suspension for Mr. BBQ, as recommended by the Community Development and Police Departments. He reviewed the history of this property. Clark stated that our police and fire departments, and Allina Rescue were summoned to Mr. BBQ to deal with an intoxicated male that had fallen off a bar stool and had to be taken to the hospital. A breathalyzer was given and the injured party registered .336. Clark referenced the Minnesota drunk driving limit of.08%. His level was four times that amount. Based on the police report "the sales receipt showed the individual had purchase six drinks that were two for one, or equal to 12 drinks. The bartender has stated that he had seen the patron only have eight to ten drinks." The responsibility for the severe over-serving falls to the owner and there must be a penalty associated with the liquor license. We need to maintain a zero tolerance. This is an inexperienced owner, as far as handling liquor and employee training. We may need to determine if this is a restaurant serving liquor or a bar serving food. City Council Minutes Monday,April 23,2012 Page 5 of 14 Clark also referenced a dance party held at Mr. BBQ, which is not part of this suspension, but is also a concern as there have been problems with these parties in other cities, including the City of Minneapolis. The owner did bring in security for the party, along with our Police Department bringing in three overtime officers. This individual is opening a sister project in Brooklyn Center that is scheduling another event. Staff is concerned that the owner does not understand the value of the liquor license. Nawrocki referenced the family atmosphere of this business at the prior location, and stated that he was saddened at the level of noise in the new location. He is glad that our departments are on top of the operation and do what is necessary to deal with this. Ted Wulepski, St. Paul, stated he has been working with Mohamed Shambolia, who is new to the industry, and he indicated there would be no more promotional events. There was additional security brought in for the event, without incident. The intent is to make this establishment family dining with R&B music. Wulepski indicated that the drinker referred to was found to have consumed on his own in the parking lot. Diehm asked if there is a difference in the cover charge by colors (motorcycle jacket). Wulepski stated there are no colors in his club. Sidney Winebrenner spoke, stating that he was the person that fell off the chair, but he did not hold the bar responsible. He stated he was drinking from his own bottle that night and he was also on very strong narcotic prescription medication. Mohamed Shambolia, Mr. BBQ owner, referred to the promotional event, which he did on short notice as a favor. He made sure there were no problems at the event. Regarding the overdrinking, Shambolia stated that the patron was present for over six hours and was served six drinks that were not doubles. He stated that he does train staff regarding serving. The Brooklyn Center event has been cancelled. Diehm asked how many establishments he has an interest in? He stated he owns Mr. BBQ, the hot dog place on Central Avenue, and the Brooklyn Center business. Diehm asked if he had gone through the alcohol serving program. Shambolia stated that his bartenders go through the course. Diehm asked if there are policies in place for people that over serve. Shambolia stated the bartender was fired. Diehm referred to a past article that indicated he was associated with a business in Anoka. Shambolia indicated he was involved with a business in Maple Wood. Diehm indicated that the responsibility of holding a liquor license in Columbia Heights is taken very seriously. She stated she is in favor of the staff recommendation. We do not have a tolerance for these issues. Shambolia asked that the suspension not be on a weekend. Captain Lenny Austin distributed to Council members a copy of the police report on the over drinking issue. The report does not address drinking outside of the establishment, but addresses the receipt for six two-for-one drinks received and the bartender's statement that he saw this person consume between eight to ten drinks. The patron's blood alcohol level was .336. Jim Hoeft, City Attorney, stated that items, other than the alcohol issue, discussed are irrelevant. The potential liquor suspension is because of the over-serving incident. There are two avenues pursued when this type of violation occurs: 1. Criminal citation for the act—being the bartender and 2. The civil action is for the licenser action to the owner of the establishment for being responsible for the employees of the establishment. It is important to note that under the statute it is not only for over-serving, but for recognizing patrons that have already consumed too much alcohol or are in an impaired condition, whether by alcohol and/or drugs and should not be served any additional alcohol. While the comments by the bartender and the receipt are relevant, City Council Minutes Monday,April 23,2012 Page 6 of 14 the bar does not have to serve a person that is recognized as impaired because they have an obligation to not serve that person at all. The facts in the report indicated that this person fell off the bar stool and his blood alcohol level was .336. Someone with this level should be recognized by the bartender as someone that should not be served. Peterson questioned how the suspension dates were arrived at. Hoeft stated that staff chose the weekend to show the significance of the issue. Schmitt asked if the bartender was familiar with this patron. Shambolia stated that the patron looked OK and his drinks were not two-for-one. Fehst questioned if the bartender that stated the patron had eight to ten drinks has been fired. Shambolia stated yes. Hoeft stated that the blood alcohol levels need to be put in perspective and referred to the DWI levels and the legal consequences. Hoeft stated that a patron was in this establishment and was served with a blood alcohol level of.336. Shambolia asked that the suspension not be given on the weekend. Peterson stated that this level of blood alcohol content in a patron would be visible. Nawrocki indicated that the patron should find a program to help with his problem. Nawrocki felt that a two day suspension was too lenient. Motion by Nawrocki, second by Williams, to suspend the liquor license issued to Mohamed Shambolia, on behalf of Mr. BBQ located at 4811 Central Avenue NE. The suspension shall be effective for the entire business day Friday, May 4th and Saturday, May 5th, 2012. Schmitt asked if this suspension is typical of past incidents. Hoeft stated he was not comfortable in making a generalization, as each situation is different. He stated that in his service he has never seen a level of consumption such as this. Diehm asked, based on our City Code, if this is authorized. Hoeft stated it is authorized by our Code, whether appropriate is a policy decision. There have been suspensions for longer periods. Legally there is a basis for doing this and you have a basis for a two day suspension. Motion to amend by Schmitt, second by Peterson, to amend the suspension days to Thursday and Friday. Diehm indicated support of the original motion. Nawrocki spoke against the motion to amend. The suspension should be longer. Peterson stated that allowing one busy day back would be a compromise. Diehm again spoke against the amendment, as staff made the recommendation. Williams stated that the owner needs to take responsibility for these actions. Upon vote of the motion to amendment: Schmitt, aye; Williams, nay; Diehm, nay; Nawrocki, nay; Peterson, aye. 2 ayes—3 nays. Motion to amend failed. Upon vote of the original motion: Schmitt, aye; Williams, aye; Diehm, aye, Nawrocki, aye Peterson, 5 ayes. Motion carried. Fehst asked if this was Mr. Shambolia's first business with a liquor license. Shambolia stated yes. Fehst indicated that the manager runs a good business and we are pro-business here. Fehst spoke of looking at good business examples. Shambolia stated his regret for the two incidents, which happened so close together. City Council Minutes Monday,April 23,2012 Page 7 of 14 ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 2nd Reading of Ordinance 1606, being a Zoning Amendment as it Relates to Precious Metal Dealers. Motion by Williams, second by Nawrocki, to waive the reading of Ordinance No. 1606, being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Nawrocki, to adopt Ordinance No. 1606, being an ordinance amending Ordinance No. 1490 City Code of 2005, relating to precious metal dealers within the City of Columbia Heights. Schmitt referred to a clerical error in the first draft of the Ordinance, 9.107— c 38 — line D that is missing the letter"T". Williams stated that he collects coins. Any business can be crooked, but this is a business of the 21st century and it is a precious commodity. It would be an honor to have a dealer in our community. Upon vote: All ayes. Motion carried. B. Bid Considerations 1. Adopt Resolution 2012-039, being a resolution accepting bids and awarding the 2012 Miscellaneous Concrete Repairs and Installations, City Project 1200 Motion by Schmitt, second by Williams, to waive the reading of Resolution 2012-039, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Schmitt, second by Williams, to adopt Resolution 2012-039 being a Resolution accepting bids and awarding the 2012 Miscellaneous Concrete Repairs and Installations, City Project No. 1200, to Ron Kassa Construction, Inc., based upon their low, qualified, responsible bid in the amount of$51,611.90 with funds to be appropriated from Fund 212-51200-4000; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. Hansen stated this is the annual concrete program. Two bids were received. The low bid is less than one percent over the 2011 contract. He listed the various types of concrete work to be included in the program. Upon vote: All ayes. Motion carried. 2. Adopt Resolution No. 2012-040, being a resolution accepting bids and awarding a contract for the 2012 Street Rehabilitation project Motion by Diehm, second by Williams, to waive the reading of Resolution 2012-040, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Resolution 2012-040 being a resolution accepting bids and awarding the 2012 Street Rehabilitation, City Project No. 1202 including Alternate 1 for unit priced residential driveway construction, Alternate 2A for water main extension to the MSC yard, Alternate 2C for bituminous paving in the MSC yard; and Hart Boulevard Walk, City Project No. 1110, contingent on award of DNR grant, to Bituminous Roadways of Mendota Heights, Minnesota based upon their low, qualified responsible bid in the amount of$485,360 with funds to be appropriated from Fund 415-51202-5185; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. City Council Minutes Monday,April 23, 2012 Page 8 of 14 Nawrocki asked if this is Zone 7 work, with additional work added. Hansen indicated other areas included in the project: Hart Trail (if DNR funding is approved), 50th Avenue turn lane, and the 50th Avenue sidewalk (which Aldi's will pay for), Grandview lots, and miscellaneous storm sewer work, with alternates for paving in the rear Public Works lot, a hydrant, and driveway work. Schmitt stated that we have already spent funds on Hart Boulevard and there is another bill in the list for the same company. Are they both for Hart Boulevard? Hansen stated they are not. Nawrocki stated that originally, parking was to be removed from Hart Boulevard. Hansen stated that the parking will remain the same. Upon vote: All ayes. Motion carried. 3. Accept bids for the replacement of the HVAC boiler system at City Hall and contract award Motion by Schmitt, second by Diehm, to accept the bids and award the City Hall Boiler System, City Project No. 1207, to Horwitz NS\I of New Hope, Minnesota based upon their low, qualified responsible bid in the amount of$158,280 including Alternate 1, with funds to be appropriated from Fund 411-51207-5185; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. Hansen stated that Council authorized staff to seek boiler system bids. Three bids were obtained. Hansen gave the history of this process and the other boilers that have been replaced. The bids received were higher than anticipated. There was only a $4,000 separation in the bids, so the bidding was competitive. The city hall boilers would require asbestos removal, bringing the total cost to $166,000, which is $26,000 over budget. The boiler is a 1966 model and has been giving us problems the last several years. If city hall remains in this building for more than five years, the replacement would be cost effective. Nawrocki asked if a new library and city hall were approved, would this waste money. Fehst stated that the labor would be wasted. There is value in the increased efficiency. He referred to the current efficiency compared to that of new models. It would be impossible to get new parts for the current boiler. Fehst indicated other possible uses for this location. Fehst stated that this building is scrap and would not be saleable. It is a judgment call by Council. Nawrocki asked if there was a determination made of the difference in fuel costs. Hansen stated that the current boiler's efficiency is 60% and the new one would be up 97% efficiency. Nawrocki asked for the current fuel costs for this building. Hansen stated he does not have this information. Schmitt asked if there are rebates available. Hansen stated there are rebates available between $8,000 and $10,000. Schmitt questioned the amount of boilers. Hansen referred to the engineering report and stated that the three boiler system would cycle between units for efficiency. Upon vote: All ayes. Motion carried. C. New Business and Reports - none ADMINISTRATIVE REPORTS City Council Minutes Monday,April 23,2012 Page 9 of 14 Report of the City Manager Fehst stated that the Public Safety building sponsored an event for the Columbia Heights Boosters. Over 250 people attended, raising over $1,700. Fehst read a green sheet article about Officer Pikala and a high chase pursuit, which he called off to avoid danger to the public. The person was apprehended the next day. Fehst complimented Pikala. He also referred to the pursuit at 39th and Hart Lake, where the person was ejected from the stolen vehicle and died. Our officers and staff did try to revive him. The Heights Happenings draft was distributed to Council members tonight. There will still be amendments. Fehst referred to the Adopt-A-Park program. We would ask that groups adopt a park during the three summer months. We would allow up to two agencies to adopt a single park. Nawrocki questioned when the burned building at the NE corner of 40th and University would be removed. Fehst stated they have received a permit for demolition, but have not yet decided what will replace the building. Nawrocki commented that sometimes the wording on the new electronic sign is hard to read. Fehst stated that several signs were removed to make it more visible. At some point, we may be able to move it. Nawrocki stated that the dumpster at the shopping center on University Avenue is overflowing. Nawrocki again indicated that we need to get a bus shelter for 37th and Central Avenue. This should be discussed with the developer. Peterson suggested we ask if a used shelter is available. Williams reminded the public of the Community Prayer Breakfast on May 9th to be held at Murzyn Hall. Report of the City Attorney—nothing to report Peterson stated that the Columbia Heights Activity Fund received a $1,000 check from the MN Youth Athletic Association. They sell pull tabs at Columbia Grill. Fehst stated that the Boosters annual banquet will be held this Wednesday night. He stated if anyone wishes to become involved, they can contact him or Recreation Director Keith Windshitl. The Athletic Boosters have donated over one million dollars to the City for recreational programs. Williams mentioned that the Boosters hold bingo games at Sarna's Restaurant. CITIZENS FORUM Roger Strom, 690 47 '/2 Avenue, stated he has an on-going tree issue that now needs removal. Hansen stated that this tree is on the list for removal. Mickey Rooney, 4304 Reservoir Blvd., referred to the "Rising to New Heights" committee of the past and asked if anyone would be interested in revitalizing this group. Fehst stated this was a good organization, but it needs good, aggressive people to work on it. Nawrocki asked if he will be the organizer. Rooney stated he would like to see younger people come forward. ADJOURNMENT Peterson asked that we not forget our service men and women that are protecting our freedom. Don't take ourselves too seriously and do a random act of kindness. nPeterson adjourned the meeting at 9:24 p.m.)/)/ ,,,,,,,, , o.,--,-----„,-/„..„-atricia Muscovitz CM City Clerk City Council Minutes Monday,April 23, 2012 Page 10 of 14 RESOLUTION NO.2012-047 BEING A RESOLUTION RECEIVING PETITION AND ORDERING PREPARATION OF REPORT WHEREAS,a petition to improve the alley segment from 40'h Avenue to approximately 300 feet north between Van Buren and Jackson Streets has been submitted to the City; and WHEREAS, the City Council intends to assess the benefited 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: Alley: 40th Avenue to approximately 300 feet north between Van Buren and Jackson Streets NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS,MINNESOTA: 1. A certain petition requesting the improvement of the alley north of 40th Avenue to approximately 300 feet north between Van Buren and Jackson Streets, filed with the Council April 23,2012, is hereby declared to be signed by the required percentage of owners of property affected hereby.This declaration is made in conformity to Minn. Stat 429.035. 2. 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. RESOLUTION NO.2012-038 BEING A RESOLUTION ACCEPTING THE FEASIBILITY REPORT FOR THE 2012 WATER MAIN CLEANING AND LINING PROGRAM AND ORDERING THE PUBLIC IMPROVEMENTS CITY PROJECT—NO. 1203 WHEREAS,the City Council has initiated a water main cleaning and lining program under the City of Minneapolis' annual cleaning and lining program, and WHEREAS,a report has been prepared by the Director of Public Works with reference to the 2012 Water Main Cleaning and Lining Program, and WHEREAS,the 2012 Water Main Cleaning and Lining Program includes the following main segments: • 5th Street,48th to 49th Avenue • 6th Street, 5151 to 53rd Avenue • 7th Street,51"to 53`d Avenue • 515'Avenue, 61h to 7th Street • 53rd Avenue,5th to Washington Street • 38th Avenue, from the east to west side of University Avenue WHEREAS,the report provides information regarding whether the proposed project is feasible,necessary and cost effective,and Said report is hereby received by the City Council of Columbia Heights on April 23,2012. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS,MINNESOTA 1. The Council will consider the improvement of such water mains in accordance with the report and the assessment of water services to abutting or benefited property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of$37,500. 2. Such improvement is necessary,cost-effective,and feasible. 3. Such improvement is hereby ordered as proposed in the Council Resolution adopted 23rd of April,2012 4. These improvements shall also be known as Project No. 1203 5. The City Engineer,Kevin Hansen,is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. RESOLUTION 2012-046 BEING A RESOLUTION ORDERING THE PREPARATION OF A FEASIBILITY REPORT FOR SIDEWALK ON THE NORTH SIDE OF 43RD AVENUE BETWEEN QUINCY STREET AND CENTRAL AVENUE City Council Minutes Monday, April 23, 2012 Page 11 of 14 WHEREAS, the Traffic Commission has recommended sidewalk be constructed on the north side of 43`d Avenue between Quincy Street and Central Avenue, and WHEREAS, the City Council intends to assess the benefited 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: 43RD AVENUE SIDEWALK,QUINCY STREET TO 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. RESOLUTION 2012-42 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 Stacey Grosshausers (Hereinafter"License Holder"). Whereas, license holder is the legal owner of the real property located at 4542 7,h 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 March 28,2012 of an public hearing to be held on March 26,2012. 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 21,2012 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 March 28,2012 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 schedule a rental property inspection and failure to submit a rental license application and fees. 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 III 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 U45427th 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. RESOLUTION 2012-43 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 Jerrod Lawrence(Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1113 Gould Avenue 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 March 21,2012 of an public hearing to be held on April 23,2012. City Council Minutes Monday, April 23,2012 Page 12 of 14 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 12,2012 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 March 21,2012 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 schedule a rental property inspection and failure to submit a rental license application and fees. 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 III 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 U1113 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. RESOLUTION 2012-44 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 Peter Sax (Hereinafter"License Holder"). Whereas, license holder is the legal owner of the real property located at 4131 Jefferson 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 April 2,2012 of an public hearing to be held on April 23,2012. 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 15,2012 inspection office staff sent a letter requesting the owner of the property to renew the rental license for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on April 2,2012 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 renewal rental license application and fees 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 III 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 F10826 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 60 days from the first day of posting of this Order revoking the license as held by License Holder. ORDINANCE NO. 1606 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490,CITY CODE OF 2005 RELATING TO PRECIOUS METAL DEALERS 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 proposed to include the following additions: § 9.103 DEFINITIONS. City Council Minutes Monday, April 23,2012 Page 13 of 14 For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. PAWNBROKER. A person who loans money on deposit or pledge of personal property or other valuable items or who deals in the purchasing of personal property or other valuable items on condition of selling the same back again at a stipulated price or who loans money secured by security interest on personal property or any part thereof. PAIfVNSHOP. A business establishment operated by a pawnbroker. PRECIOUS METALS. Gold, silver or platinum. PRECIOUS METALS DEALER. Any person, partnership or corporation, either as principal or agent, who engages in the business of buying or selling secondhand items containing precious metal, including but not limited to jewelry, watches, coins, eating utensils, candlesticks,decorative objects and ingots. PRECIOUS METALS DEALERSHIP. Any business establishment operated by a precious metals dealer. Chapter 9,Article I, Section 9.107 (C)(14)(a) 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: (14) Consignment/secondhand store. (a) Consignment/secondhand stores shall be identified as stores whose primary existence is derived from more than 50% used, consigned, or secondhand merchandise. The use shall be located at least 3,000 feet from all existing consignment/secondhand stores, currency exchanges,pawnshops and precious metal dealerships. [(b)—(h) shall remain unchanged.] Chapter 9,Article I, Section 9.107 (C)(15)(a)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: (15) Currency exchange. (a) The use shall be located at least 3,000 feet from all existing currency exchanges, consignment/secondhand stores,pawnshops and precious metal dealerships. [(b)—(e)shall remain unchanged.] Chapter 9,Article I, Section 9.107 (C)(37)(a)of the Columbia Heights City Code, is thereby amended to read as follows: § 9.107 SPECIFIC DEVELOPI'vIENT STANDARDS (C)Specific development standards. The following uses are subject to specific development standards: (37) Pawnshop. (a) The use shall be located at least 3,000 feet from all existing pawnshops, currency exchanges, consignment:secondhand stores and precious metal dealerships. [(b)—(f)shall remain unchanged.] Chapter 9,Article I, Section 9.107 (C)(38)of the Columbia Heights City Code,is proposed to include the following additions: §9.107 SPECIFIC DEVELOPMENT STANDARDS (C)Specific development standards. The following uses are subject to specific development standards: (38) Precious Metal Dealership (a) The use shall be located at least 3,000 feet from all existing precious metal dealerships, pawnshops, currency exchanges and consignment/secondhand stores. (b) The window and door area of any existing first floor facade along a public street or sidewalk shall not be reduced,nor shall changes be made to such windows and doors that block views into and out of the building at eye level. (c) For new construction, at least 30% of the first floor facade along a public street or sidewalk shall be windows or doors of clear or lightly-tinted glass that allows views into and out of the building at eye level. (d) The use of bars, chains, or similar security devices that are visible from a public street or sidewalk is prohibited. (e) All receipt, sorting and processing of goods shall occur within a completely enclosed building. [Current Sections 9.107(38)—(51) shall be renumbered accordingly] Chapter 9,Article I, Section 9.110 (E)(3)of the Columbia Heights City Code, is proposed to include the following additions: §9.110 COMMERCIAL DISTRICTS City Council Minutes Monday,April 23,2012 Page 14 of 14 (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: (u) Precious metal dealerships. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. RESOLUTION 2012-039 RESOLUTION ACCEPTING BIDS AND AWARDING THE 2012 MISCELLANEOUS CONCRETE REPAIRS AND INSTALLATIONS,CITY PROJECT 1200 WHEREAS,pursuant to an advertisement for bids for City Project No. 1200,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 Contruction, Inc. $51,611.90 Twin City Outdoor Services $77,658.50 WHEREAS,it appears that Ron Kassa Construction, Inc., 6005 250th 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 City Manager 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 2012 Miscellaneous Concrete Repairs and Installations,City Project No. 1200, for a bid amount of$51,611.90 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. 1200 shall be funded with State Aid Maintenance Fund, General Fund,Park Fund, Street Fund, Sewer and Water Fund and PIR funds. RESOLUTION 2012-040 RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE ZONE 7 STREET REHABILITATION,CITY PROJECT NO. 1202 AND HART BOULEVARD WALK,CITY PROJECT NO. 1110 WHEREAS,pursuant to an advertisement for bids for City Project No. 1202, Street Rehabilitation Improvements, and Hart Boulevard Walk, three bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Hart Blvd Bidder Base Bid Alt. 1 Alt.2A Alt. 2B Alt. 2C Alt. 2D Walk Bituminous Roadways,Inc. $323,465.00 $3,840.00 $41,445.00 $24,975.00 $19,575.00 $47,710.00 $100,875.00 Hardrives, Inc. $333,193.46 $3,878.60 $37,076.99 $23,371.45 $21,049.81 $50,993.31 $104,805.98 Midwest Asphalt Corp. $370,905.50 $3,940.00 $43,900.00 $28,870.00 $24,532.00 $52,945.50 $107,892.00 WHEREAS, it appears that Bituminous Roadways,Inc., 1520 Commerce Drive,Mendota Heights,Minnesota 55120 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 Bituminous Roadways,Inc. in the name of the City of Columbia Heights,for the 2012 Zone 7 Street Rehabilitation Improvements,City Project No. 1202 and Hart Boulevard Walk,City Project No. 1110 contingent upon receipt of DNR grant 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 1202 shall be funded with General Funds(Infrastructure and Assessments), Sanitary Sewer,Water and Storm Water Utility Construction Funds, State Aid Funds, and Central Garage Funds. City Project 1110 shall be funded with State Aid Funds and DNR grant.