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HomeMy WebLinkAbout03/11/2013 Regular Meeting CITY OF COLUMBIA HEIGHTS Mayor Cary L.Peterson 590 40"Avenue NE,Columbia Heights,MN 55421-3878 (763)706-3600 TDD(763)706-3692 Counci/members Visit our website at. www.ci.columbia-heiehts.mn•us Robert A. Williams Bruce Nawrocki Tanimera Diehm Donna Schmitt City Manarer Walter R.Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, March 11, 2013 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia eights, MN. The City of olumbialleights does not discriminate on t e asis of isa 1 ity in the a mission or access to, or treatment or employment in,its services,programs,or activities. Upon request,accommodation will be provided to allo w ind ividuals with disabilities to p articipate in all Ci ty o f Co lumbia Heig hts'sery ices,p rograms,an d activities. Au xiliary aid s for d isabled p ersons are av ailable u pon req uest wh en th e req uest is made at least 9 6 hours in advance. Please call the City Clerk at 763-706-3611,to make arrangements.(TDD/706-3692 for deaf or hearing impaired only) 1. CALL TO ORDER/ROLL CALL/INVOCATION Invocation by Pastor Dan Thompson of Heights Church 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4.PROCLAMATIONS, PRESENTATIONS,RECOGNITION, ANNOUNCEMENTS, GUESTS 5. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A. Approve minutes of the February 25, 2013 City Council Meeting Pg 5 MOTION: Move to approve minutes of the February 25, 2013 City Council Meeting. B. Accept Board and Commission Meeting Minutes MOTION: Move to accept the December 12, 2012 Park and Recreation Commission Minutes Pg10 MOTION: Move to accept the March 5, 2013 Planning and Zoning Commission Minutes Pg14 MOTION: Move to accept the February 5, 2013 Library Board Minutes Pg2 3 C. Adopt Resolution 2013-22 Approving Plans and Specifications and Ordering Advertisement for Pg2 5 Bids for the 2013 Concrete Street Rehabilitation Program MOTION: Move to waive the reading of Resolution 2013-22, there being ample copies available to the public. MOTION: Move to adopt Resolution 2013-22, being a resolution approving Plans and Specifications and ordering Advertisement for Bids for 2013 Concrete Street Rehabilitation Program, City Project Number 1302. 2 City Council Agenda Monday,March 11,2013 Page 2 of 3 D. Adopt Resolution 2013-23 Declaring the Intent to Bond for Concrete Street Rehabilitation Pg2 7 Program, City Project 1302 MOTION: Move to waive the reading of Resolution 2013-23, there being ample copies available to the public. MOTION: Move to adopt Resolution 2013-23, being a resolution approving the declaration for the official intent of the City of Columbia Heights to reimburse certain expenditures from the proceeds of bonds to be issued by the City for the Concrete Street Rehabilitation Program, City Project 1302. E. Adopt Resolution 2013-21 Approving a Site Plan for a restaurant and outdoor seating located at P92 9 4920 Central Avenue NE MOTION: Move to waive Resolution 2013-21,there being ample copies available to the public. MOTION: Move to adopt resolution 2013-21, being a Resolution approving a site plan for a restaurant and outdoor seating located at 4920 Central Avenue NE, Columbia Heights, Minnesota. F. Approve Business License Applications Pg41 MOTION: Move to approve the items as listed on the business license agenda for March 11, 2013 as presented. G. Review Payment of Bills Pg43 MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8,the City Council has received the list of claims paid covering check number 147044 through 147194 in the amount of $725,539.02. MOTION: Move to approve the Consent Agenda items. 6. PUBLIC HEARINGS 7.ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations 1. Accept Bids and Award Contract for MSC Garage Floor Capacity Upgrade Pg51 MOTION: Move to accept bids and award the MSC Floor Capacity Upgrade project to J.S. Cates Construction, Inc. of Hamel, Minnesota based upon their low, qualified, responsible bid in the amount of$101,000 with funds to be appropriated from Fund 411; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. 2. Accept Bids and Award 2013-2014 Tree Removal Contract Pg55 MOTION: Move to award the 2013-2014 Removal of Trees, Trees and Stumps or Stumps Only on Public and Private Property contract to Nick's Tree Service Inc. of Corcoran,MN, based upon their low, qualified,responsible total bid for tree and stump removal,tree removal only, or stump removal only; and furthermore, to authorize the Mayor and City Manager to enter into a contract for 3 City Council Agenda Monday,March 11,2013 Page 3 of 3 the same. C. New Business and Reports 8. ADMINISTRATIVE REPORTS Report of the City Manager Report of the City Attorney 9. CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall state his/her name and address for the record. 10. ADJOURNMENT nda Magee, Assist t, -Cty Manager/HR Director LM/tl 4 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY,FEBRUARY 25,2013 THE FOLLOWING ARE THE MINUTES FOR THE REGULAR MEETING OF THE CITY COUNCIL HELD AT 7:00 P.M. ON MONDAY,FEBRUARY 25,2013 IN THE CITY COUNCIL CHAMBERS,CITY HALL, 590 40TH AVENUE N.E.,COLUMBIA HEIGHTS,MINNESOTA. 1. CALL TO ORDER/ROLL CALLANVOCATION Council President Diehm called the meeting to order at 7:00 PM Members Present: Councilmember Nawrocki, Councilmember Williams, Council President Diehm and Councilmember Schmitt. Members Absent: Mayor Peterson Staff Present: City Manager Walt Fehst, Fire Chief Gary Gorman, City Attorney Jim Hoeft and City Clerk/Council Secretary Tori Leonhardt. City Manager, Walt Fehst gave the invocation. 2. PLEDGE OF ALLEGIANCE Recited 3. ADDITIONS/DELETIONS TO MEETING AGENDA None 4. PROCLAMATIONS, PRESENTATIONS, RECOGNITION,ANNOUNCEMENTS, GUESTS None 5. CONSENT AGENDA Councilmember Nawrocki asked that item F be removed from the Consent Agenda for further discussion. City Manager Fehst took the councilmembers through the remaining items of the agenda. A. Approve the minutes of the February 11, 2013 City Council Meeting B. Accept Board and Commission Meeting Minutes C. Re-Appointments to Boards and Commissions D. Approve Raffle,Little Voyageurs' Montessori School, St. Timothy's Lutheran Church E. Approve Business License Applications F. Accept the Restated Bylaws,Appendix A, and Appendix D of the Columbia Heights Volunteer Firefighters Relief Association and place on file with the City of Columbia Heights - REMOVED 5 City Council Minutes Monday,February 25,2013 Page 2 of 5 G. Approval of the attached list of rental housing licenses H. Review Payment of Bills Motion by Williams, seconded by Schmitt, move to approve the Consent Agenda items with the acception of item F,which was removed for further discussion. Upon Vote: All ayes. Motion carried. Discussion on items removed from the Consent Agenda: Item F,Accept the Restated Bylaws,Appendix A, and Appendix D of the Columbia Heights Volunteer Firefighters Relief Association and place on file with the City of Columbia Heights. City Manager Fehst indicated these are re-writes of the Bylaws and if there are major re-writes the Relief Association asks the council take a look at them and accept to place them on file with the City. Council's position is to review items only and does not have any control over the changes in the Bylaws. Gorman explained the Relief Association has a Board of Trustees and it is their job to keep these Bylaws up to State Statue and make any changes required. In the past five years the Relief Association has hired a company called the MN Firefighter Pension Consultants,to maintain the Bylaws. Every year they make changes and these are updated by their own legislative body that then makes sure they are within the state statues. Normally, these minor changes are done at the Board of Trustee's level. This is a larger re-write of the Bylaws and a major rewrite of Appendix D, since they updated several versions. There are no changes in investing levels, it is strictly language changes.Nawrocki stated it was pretty difficult to follow and asked if there were any significant changes. Troy Neuratuer,President of the Relief Association, stated all of the changes are mandated by state law. The state auditors accept and bring them forward to legislation. These changes are from the last 3 years of legislative changes. Nawrocki asked if there are any benefit changes to the fire fighters. Neuratuer stated there are no changes in benefits for the fire fighters and there are no costs incurred by the City. Motion by Nawrocki, seconded by Williams,move to accept the Restated Bylaws,Appendix A, and Appendix D of the Columbia Heights Volunteer Firefighters Relief Association and place on file with the City of Columbia Heights. Upon Vote: All ayes. Motion carried. 6. PUBLIC HEARINGS A. Second reading of Ordinance 1611, Vacation of Drainage and Utilitv Easements over Outlot B, Grand Central Lofts Second Addition. Motion by Williams, seconded by Schmitt, move to waive the reading of Ordinance 1611, there being ample copies available to the public. Upon Vote: All ayes. Motion carried. Motion by Williams, seconded by Schmitt, move to adopt Ordinance 1611, being an Ordinance Vacating Drainage and Utility Easements over Outlot B, Grand Central Lofts Second Addition. Upon Vote: All ayes. Motion carried. Nawrocki asked that the Public Works Director review the ponding issues that were brought up at the last meeting in regards to this addition. Fehst stated that Hansen indicated that he would be looking at it in the spring during the development stage. The developer may also need to look 6 City Council Minutes Monday,February 25,2013 Page 3 of 5 at this as there may be maintenance issues that are causing the problems. Nawrocki asked who is going to maintain the pond. Fehst stated the Homeowner's Association should be maintaining it. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions -none B. Bid Considerations -none C. New Business and Reports -none 8. ADMINISTRATIVE REPORTS Report of the City Manager Fehst mentioned at the next work session the first item will be an update on the Northeast Building project. The Library Task Force has submitted their recommendation and they are excited about a new library. They feel if the council chooses to further pursue that location they will go along with it, but they are open to a new site also. They all strongly agree a new library is needed and the location is up to the council. The other items on the agenda include; an update on the Emerald Ash Borer Beetle and taking a look at a management plan for 2014, Wading Pool Issues regarding the City's three public pools (the federal mandate is to have some type of handicap accessibility), a Central Avenue Transit Study update—what the City of Minneapolis is planning,the City-wide Bike Loop Study and the need to replace the Public Work's vactor. Fehst also stated there is a public meeting tomorrow night here in the council chambers. This is an informational meeting for residents on the Innsbruck project. The fish fry at Murzyn Hall went very well. We had approximately 200-300 people. There were three ladies that played instruments and entertained the crowd throughout the evening. Unconfirmed amounts raised were approximately $700 for food after all costs were deducted and approximately $3000 for silent auction items. Schmitt wanted to mention, Liz Bray informed her that it was just outstanding with the amount of city staff that was there on hand and volunteered their time. Nawrocki added that former Council member Kenny Hentges also donated$10,000 to the cause. Williams indicated that he had never met Kenny Hentges before and he was really impressed by him and the fact that he was willing to donate $10,000. Nawrocki questioned the top three salaries being published for the public and indicated that the League of MN Cities has a higher salary listed for the City Manager. Fehst stated he has taken a month of unpaid furlough for the past three years. Diehm stated what is required is the base salary be listed and we are in compliance with that. Report of the City Attorney—none at this time 9. CITIZENS FORUM John Brigtow, 4716 Jackson Street NE,was concerned with the commercial properties in Columbia Heights that do not follow the ordinance with shoveling snow. He indicated this is a continual annoyance. Commercial properties, in general, do not shovel their snow. Is this a requirement in Columbia Heights? Diehm stated the commercial properties are required to remove snow. Fehst stated what generally happens is the city goes in at the beginning of the year and hits the streets hard,then throughout the year, Public Works personnel goes out and polices the snow removal. The violators receive one notice and if they do not comply after that,the City will go in and take care of it and bill the property owner. Brigtow stated it seems that Central Avenue has the majority of commercial properties that are not shoveling. As someone who 7 City Council Minutes Monday,February 25,2013 Page 4 of 5 walks, he feels the enforcement is minimal. Fehst stated that it is the property owner's responsibility to maintain the sidewalks. Diehm stated if there are specific properties that people see, to let city staff know. Nawrocki asked Brigtow if he noticed any other areas that were a problem. Brigtow indicated that in front of White Castle it is extremely bad. Fehst will have the Public Work's Supervisor give them notice. Fehst wondered if the consequences are significant enough to make them pay attention. Hoeft stated the consequences are in fact significant and do include receiving a court ordered notice if they fail to comply with the City ordinance. Fehst stated we will go up and down Central Avenue and see which commercial properties are in violation. Diehm reminded everyone that there will be another fundraiser for the Heritage Tower on April 6th. It will be a pancake breakfast at Applebee's in Fridley from 7:00 AM— 10:00 AM. Information will be forth coming on event. Diehm closed the meeting by asking everyone to remember our service men and women and keep them in our thoughts and prayers and to do a random act of kindness. 10. ADJOURNMENT Council President Diehm adjourned the meeting at7:49 PM. Tori Leonhardt, City Clerk/Council Secretary ORDINANCE NO. 1611 BEING AN ORDINANCE VACATING DRAINAGE AND UTILITY EASEMENTS OVER OUTLOT B GRAND CENTRAL LOFTS SECOND ADDITION The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights hereby vacates a portion of Outlot B Grand Central Lofts Second Addition over, across, and under the following described property, to wit: That part of the drainage and utility easements dedicated in the plat of Grand Central Lofts Second Addition, Anoka County,Minnesota, lying within that part of Outlot B, said Grand Central Lofts Second Addition lying north of a line parallel with and distant 5.10 feet north of the most southerly line of said Outlot B, lying south of a line parallel and distant 70.64 feet west of the most easterly line of said Outlot B and lying east of a line parallel with a distant 160.64 feet west of said most easterly line and that part of said Outlot B, lying north of a line parallel with and distant 320.10 feet north of most southerly line of said Outlot B, lying south of a line parallel with and distant 70.46 feet west of the most easterly line of said Outlot B and lying east of the west line of Lot 1, Block 4, said Grand 8 City Council Minutes Monday,February 25,2013 Page 5 of 5 Central Lofts Second Addition and the northerly and southerly extensions of said west line. Section 2: The vacation of Outlot B described above shall be subject to the following Condition: [None at this point] Section 3: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: February 11, 2013 Second Reading: February 25, 2013 9 City of Columbia Heights Park and Recreation Commission December 12,2012 Tom Greenhalgh called the meeting to order at 5:30 p.m. ROLL CALL Members present: Eileen Evans;Tom Greenhalgh; Stan Hoium;Kevin McDonald;David Payne; Marsha Stroik Staff Present: Kevin Hansen, Public Works Director; Gary Peterson,Mayor;Keith Windschitl,Recreation Director; Deanna Saefke, Secretary In attendance: Steve Oslund, Jackie Haugen, and Josh Shea from the North Metro Youth Hockey Association APPROVAL CONSENT AGENDA Motion by Stroik, second by Hoium,to approve the consent agenda. Upon vote:All ayes. Motion Carried. LETTERS AND REQUESTS Hansen introduced a proposal to promote the community and ice hockey on January 19th National Hockey Day MN at McKenna Park. Resident Steve Oslund attended the most recent City Council meeting to present the community day idea and is present at this meeting. Hansen indicated staff would try their best with the weather conditions to make good ice at the park. Payne indicated Oslund attended the previous CH Athletic Boosters presenting plans for the community hockey event, including the Boosters to be at the event with food options. Oslund introduced himself; he has lived in the city for seventeen years,has a wife and three children and has been a volunteer coach for the Recreation Department. He belongs to the North Metro Youth Hockey Association which includes Brooklyn Center,Brooklyn Park,Fridley,and Columbia Heights. The Treasurer,Jackie Haugen and a Youth Program Director,Josh Shea, are also in attendance from the Association. Oslund would like to see more youth in the City to take part in hockey, but also to bring a positive event to the community. He complimented staff on keeping the ice in good condition at McKenna Park. Oslund is proposing four hockey games, at least two boys and two girls games to be played at the park on the 19'h. The organization would also ask Defending the Blue Line, an organization of NHL players that donate money towards military families for kids to play hockey. Oslund stated that he is trying to think out of the box to involve the community. He indicated that a lot of help will be needed to make the day a success. McDonald asked what the goal is for the day. Oslund replied that the main focus is awareness about hockey. The group has applied for grants from MN Hockey to help fund any repairs or work needed at the rink. He would like to see a whole community park day with open skating,sledding,bonfires,the CH Athletic Boosters food truck, and a general awareness for hockey. Windschitl asked if the hockey association has committed to the games. Shea replied yes,the U10 girls and a Mites team at this time. Windschitl asked about any temperature restrictions regarding cold weather. Shea replied that they will play when it is cold. Oslund indicated the North Metro Stars, a girls High School team, as well as the head coach from Totino Grace have shown interest in participating in the event. Stroik indicated there are many hockey alumni in the area and having an alumni game for both men and women would be an idea to try. Oslund stated he will need help with getting the ice ready,he has donations of paint for the ice, a gate may need 10 Park&Recreation Commission December 12,2012 Page 2 to be fixed or installed, and he also has volunteer workers to help with the gate if needed. Hansen replied Staff is getting the ice prepared and he will have Oslund meet with Staff at the rink to assess additional needs. Peterson asked if McKenna is the best park for this event taking all activities and parking into consideration. Hansen replied that Keyes Park may be a better fit regarding parking, and the warming house is closer to the rink. Peterson suggested for Oslund to meet with Hansen for the park maintenance,to get advertising out right away,to talk with Windschitl for other details and that the City is agreeable to the community event idea. Oslund suggested using a shuttle of some sort to go between the park and the nearby schools. Evans thanked Oslund,Haugen, and Shea for attending the meeting. A. Request for the rental of the LaBelle Lounge on December 31, 2012 for a family party. Windschitl indicated the facility is typically not rented on New Year's Eve due to past functions have some issues and staff will need to be scheduled. This will be a private family party for about sixty people and a staff person has indicated that they would be willing to work. McDonald asked if the family has rented in the past. Windschitl replied yes their past events have been good with no issues. Motion by Hoium, second by Greenhalgh,to allow the rental of the LaBelle Lounge on December 31,2012. Upon vote:All ayes. Motion carried. B. Request for the fee to be waived for the use of Murzyn Hall on January 19,2013 for an annual banquet and meeting of the Columbia Heights Firefighter's Association. Evans asked why they do not use the lower level of the Public Safety building for their event. Windschitl replied that he does not know,but the Police Association also used Murzyn Hall for their holiday event last weekend. To be consistent the charges have been$20 per hour to cover custodial staff costs with no entry fee required. Windschitl indicated current City staff will be among the group,but this is an event through the associations and feels that the custodial staff time should be covered. Motion by Hoium, second by Payne,to charge the Columbia Heights Firefighter's Association a rate of$20 per hour of use in Murzyn Hall on January 19,2013 for their annual banquet and meeting. Upon vote:All ayes. Motion carried. OLD BUSINESS A. LaBelle Park status update Hansen reported the City Council accepted the master plan for LaBelle Park as the Park& Recreation Commission recommended. The current stage is to find funding sources. The new playground equipment has been received and will be installed in the spring. Some trial work will need to be done to connect to the playground area. One possible source of funding would be to remove the boardwalk. With the removal of the boardwalk there are two things to take into consideration, contamination of the soil and the shoreline restoration for 15-20 feet of naturalization. One grant application has been submitted to the DNR. The MWMO,Mississippi Water Management Organization, is interested in helping but will wait to hear the results from the DNR grant as they do not double up on grant awards. Hansen indicated the removal of the boardwalk, shoreline restoration, and playground installation will be the extent of the improvements until further funding is available. Evans asked about funding from the sale of Park View Villa. Peterson replied the sale is been delayed but is still moving forward. The sale of the former Mady's site is tentative for tomorrow, which would able the City to tear down the building and make the site available for development. 11 Park&Recreation Commission December 12,2012 Page 3 NEW BUSINESS A. Rental rates for John P.Murzyn Hall in 2014 Windschitl reported the rental rates are set for two years in advance,these rates are for 2014. Staff recommends keeping the current rates for rentals of Murzyn Hall in 2014. Windschitl indicated the revenue is down for 2012 with one reason being that there were eight cancellations after a down payment was made. He stated that the recommended rates would not be approved by the City Council until the first meeting in January. Evans asked if 2014 begins to be rented after the first of the year. Windschitl replied yes and that a good portion of the Saturdays in 2013 are already reserved. Saefke indicated there were not as many Friday rentals in 2012 as there were in 2011,which may have been a factor in the lower revenue. She stated the last time the rentals rates were increased was from 2010 to 2011. Hoium asked if the rates are exactly the same as the current rates. Windschitl replied that the only rates which may change would be an increase with linens or pop use and the rates would increase accordingly. He stated that over the years the rates for the deposits have worked really well with no issues. There is a rate of$160.69 for a renter of Saturday to use the hall on Friday during the business hours to decorate ahead of time. Windschitl indicated that it does not involve additional staff time because the office is open and custodial staff would setup for the event during the morning shift. It is a nice benefit for a Saturday renter although it does not bring in a lot of additional revenue. Windschitl noted that a Columbia Heights resident still receives a 25% discount off of the rental rate. Evans asked what the rental rates are for neighboring facility such as Silverwood Park. Stroik replied that the rental rate is quite a bit higher. Windschitl replied that he will be doing that research on rental rates,but that it is difficult to compare other facilities because we allow renters to bring in their own food or caterer. Many facilities require a food minimum or alcohol minimum that increases the initial rental rates. Stroik asked if the rental rates applied towards a funeral luncheon. Windschitl replied that we work with the situation to discount the rate to reflect the hours needed for this type of event. Motion by Greenhalgh, second by Payne,to accept the 2014 rental rates for John P.Murzyn Hall. Upon vote:All ayes. Motion carried. REPORTS A. Recreation Director Windschitl reported a positive comment was received thanking staff for the new online registration program. The system has been successful so far. B. Public Works Director/City En ig neer Hansen reported staff is trying to make ice at the three rinks. He stated a staff person will need to be on duty for the January 19 community hockey event. Windschitl indicated speaking with Oslund about having the commitment from hockey teams before moving forward with improvements of the boards and other items at the hockey rink. He is in support of the community hockey day event. Evans asked how the weekend was for staff with the weather conditions. Hansen replied staff came in twice for plowing. Stroik stated a good job was done. Hansen indicated that more plowing is scheduled for the week. C. Commission Members Greenhalgh indicated the light at Keyes Park on the hill was out. Hansen will follow up with staff on the status of the light as to if it is burnt out or on a timer. 12 Park&Recreation Commission December 12,2012 Page 4 Evans asked if a garbage can be place in the south parking lot of Prestemon Park off of 39th. She indicated there are two cans in the other lot. A lot of cars stop at the park during the lunch hour and leave garbage. Hansen will follow up with staff to move a garbage can to the area. Payne asked if a small playground could be installed in the open space near the public safety building, even using old equipment. Hansen replied that all playground equipment that is salvageable is passed down to other parks. All equipment from McKenna Park is not reusable. The state law requires all playground equipment to be inspected annually to meet certain standards. The City has one or two certified playground inspectors. In terms of the back parking lot most of the new playground equipment is installed with footings. The City also does not have enough space and the parking lot area is used for storage of material in transit. During the winter snow is brought to that area, dirt is stored during major construction because the rear lot of Public Works is full of equipment. Hansen indicated that the Fire Department asked about installing a playground in the area as well. Payne indicated seeing a lot of down or dead trees at LaBelle Park on the East side hill area. Hansen replied staff has done tree cleanup twice this year. The East side hill has privately owned property; the City only owns property part way up the hill. Peterson indicated desire to see a clear view of Hart Lake with cleanup between the trees. Peterson announced a kickoff for the Columbia Heights Community Tower being installed in the roundabout at Huset Parkway. It will be a four-sided tower,28 inches wide and 8 feet high. The four sides will each have a theme;History of the workers and founders of the City,Recreation, Education, and Diversity. The School District is getting involved to help design the artwork to keep a consistent medium. Peterson encouraged input and any ideas on the artwork. Stroik thanked Peterson for the Taste of Columbia Heights Holiday Kickoff Event. The food was phenomenal,well priced, and a great event all around. Evans adjourned the meeting at 6:42 p.m. Deanna Saefke, Recreation Clerk Typist II 13 PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING MARCH 5, 2013 7:00 PM The meeting was called to order at 7:00 pm by Chair Marlaine Szurek. Commission Members present-Little, Kinney, Roberts, and Szurek Members Absent-Fiorendino Also present were Sheila Cartney (Asst. Community Development Director), and Shelley Hanson (Secretary) and Gary Peterson (Council Liaison). Motion by Kinney, seconded by Roberts, to approve the minutes from the meeting of February S, 2013. All ayes. MOTIONPASSED. PUBLIC HEARINGS CASE NUMBER: 2013-0301 APPLICANT: EIN Karem Properties LLC LOCATION: 4920 Central Avenue NE REQUEST: Site Plan Approval Cartney explained that at this time, Mr. Maher Ismail is requesting a site plan approval for an addition to the existing building at 4920 Central and for the construction of an outdoor patio located in the front and side of the building for his proposed restaurant Maher's, (former Nalapak Restaurant). In 2008 the former Nalapak Restaurant received Site Plan approval for an outdoor patio in front of the restaurant with 16 seats;the applicant is increasing the outdoor patio to the south side of the building and the seating to 40 seats. COMPREHENSIVE PLAN The Comprehensive Plan guides this area for Commercial related activities. One of the goals of the Comprehensive Plan is to promote reinvestment in properties by the commercial and industrial areas. The proposed project is consistent with the Comprehensive Plan, as it is a reinvestment into an existing commercial building. The type of use of the building as a restaurant is also consistent with the designated Comprehensive Plan guidance. ZONING ORDINANCE The property is located in the General Business District(GB), as are the properties to the north, south and east. The properties to the west are zoned R-213, One and Two Family Residential. The parcel is also located within the Design Guideline s Highway District, and will be s ubject the regulations for such properties. PARKING. The City C ode requires the num her of parking stal is equal to 30%of the building capacity of the restaurant,which is 140, requiring 42 park ing stalls. W ith the proposed outdoor seating area, the restaurant will have 40 additional seasonal seats. The parking ordinance does not provide parking 14 P & Z Minutes Page 2 March 5, 2013 requirements for outdoor seating, but based on seating capacity 12 more stalls would be required for a total of 54 stalls. According to the subm itted site plan 55 stalls are onsite. The applicant propos es to re-stripe the parking lot to make access and parking easier. The outdoor seating will be surrounded with removable planters and will not be fenced in. Again the City Ordinance does not address patio seating, but other patios in the city have been fenced in. The proposed restaurant is not planni ng to serve alcohol,which has b een one of the m ain factors for fencing in the outdoor patios. The property is located along Central Avenue, and will be subject to the Design Guidelines for the "Highway District". DESIGN GUIDELINES The proposed Mediterranean restaurant located at 4920 Central Avenue is located within the Design Guideline Overlay District, and is governed by the "Highway District" s tandards within the Design Guidelines. The intent of the Design Guidelines is to make the City more aesthetically appealing, by requiring a set of in inimum standards for ne w construction along Central Avenue and 40 th Avenue. The minimum standards were created by a task force of City Officials, business owners and residents, and adopted into the City Code by the City Council. EXTERIOR DESIGN. As proposed the existing building will have a false second story added to the front of the building. Not only will th is increase the building height to 33 feet, which is con sistent with design guidelines, the addition will also add different textures, awnings and ornamental features to the front and sides of the building again cons intent with d esign guidelines. Large brick faced pillar s will be added to the front and s ides as accents. The existing b lue on the building will be covered in s tucco and p ainted with neutral browns. FINDINGS OF FACT Section 9.104 (M) req uires th at the Planning and Zoning Comm ission shall make each of the following findings before approving a site plan: 1. The site plan conforms to all applicable requirements of this article The proposed site plan meets all the requirements pertaining to setbacks,parking, and public access for the district in which it is located. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. The proposed project is consistent with the Comprehensive Plan, as it will promote reinvestment in properties by the commercial and industrial sectors. 3. The site plan is consistent with any applicable area plan. There is no applicable area plan for this area. 15 P&Z Minutes Page 3 March 5,2013 4. The site plan m inimizes any advers e impacts on property in the imm ediate vicinity and the public right-of-way. The proposed building meets all the minimum setback requirements and all Design Guideline requirements. For this reason, the property in the immediate vicinity should not be adversely impacted. Staff recommends approval of the Site Plan. Ouestions from members: Kinney asked if the parking area had to be screened. Cartney explained that it is not required on the north or south side of the property since those are also commercial properties, and that there is currently a six foot fence along the west side of the property to separate the commercial and residential sites. Kinney then asked if the sidewalk along Central Avenue would be kept. Cartney stated that the sidewalk is actually part of the Highway Right of Way and that it would not be changed. Kinney then asked if the 33 foot height of the fagade was to match the height of the Liquor Store. Cartney explained to members that the extra height is a requirement of the Design Guidelines and that they are able to go as high as 35 feet. The building will be higher than the Liquor Store next door, but is within the guidelines. The owners feel the added height will make it more noticeable and will attract customers. Little welcomed the new design and thinks it looked nice. Public Hearing Opened. The new owners,Mr. & Mrs. Maher and their architect were present to answer any questions. No one else was present to speak on this issue. Public Hearin Cg losed. Motion by Little, seconded by Kinney, to waive the reading of Resolution No. 2013-PZ02, there being ample copies available to the public. All ayes. MOTIONPASSED. Motion by Little, seconded by Kinney, to adopt Resolution No. 2013-PZ02, being a resolution approving a site plan,for an addition and outdoor eating area for a proposed Mediterranean Restaurant, subject to the following conditions: 1. The parking stalls must meet the minimum width and length requirements of the Zoning Ordinance as well as the drive aisle width. 2. The outdoor patio seating is limited to 10 tables with four chairs each (for a total of a 40- seating area) 3. The addition shall be consistent with the plans dated received February 27, 2013. All ayes. MOTIONPASSED. 16 P & Z Minutes Page 4 March 5, 2013 Cartney told members that this ite in will go before the City Council as a courtesy at the March 11, 2013 meeting. RESOLUTION NO.2013-PZ02 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR AN ADDITION AND APPROVAL OF AN OUTDOOR PATIO FOR A RESTAURANT AT 4920 CENTRAL AVENUE WITHIN THE CITY OF COLUMBIA HEIGHTS,MINNESOTA WHEREAS,a proposal(Case#2013-0301) has been subm itted by EIN Karem Propert ies LLC, to the Planning and Zoning Commission requ esting a site plan approval from the City of Colum bia Heights at the following site: ADDRESS: 4920 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for the construction of a building addition and approval of an outdoor patio for 10 tables and 40 seats at a restaurant located at 4920 Central Avenue. WHEREAS,the Plannin g Commission has held a public hearing as required b y the city Zoning Code on March 5,2013; WHEREAS,the Planning and Zoning Commission has considered the advice and recommendations of the City staff regarding the effect of the proposed site pl an upon the health, safety,and welfare of the co mmunity and its Comprehensive Plan, as well as any concerns related to compatibility of uses,traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the Plannin g and Zoni ng Commission of the C ity of Columbia Heights after reviewing the p roposal,that the Planning and Zoning Commission accepts and adopts the following findings: 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 im pacts on property in the immediat e 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 i n granting this permit the cit y and the applicant agree that this permit shall become null and void if the project has not been co mpleted within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. The parking stalls must meet the minimum width and length requirements of the Zoning Ordinance as well as the drive aisle width. 2. The outdoor patio seating is limited to 10 tables with four chairs each (for a total of a 40-seating area) 3. The addition shall be consistent with the plans dated received February 27, 2013. 17 P&Z Minutes Page 5 March 5, 2013 Passed this 5h day of March 2013. Offered by: Little Seconded by: Kinney Roll Call: All ayes Chair SECRETARY, Shelley Hanson Approval is contingent upon execution and return of this document to the City Planning Office. I have read and agree to the conditions of this resolution as outlined above. EIN Karem Properties LLC Date CASE NUMBER: 2013-0203 APPLICANT: Linder's Greenhouses, Inc. LOCATION: 4300 Central Avenue, Rainbow Parking Lot REQUEST: Interim Use Permit for Seasonal Sales Cartney told members that Linder's Greenhouses has applied for an Interim Use Permit to allow the operation of a seasonal m ini-garden center f or flower ing plants an d retail sales. The specif is development standards for an outdoor sales/display establishment are found in Section 9.107 (C)(28), and will be added as conditions of approval for this perm it. This will be Linder's 24 th year operating a temporary greenhouse at this location in Columbia Heights. The attached site plan illustra tes the configuration of two s tructures plus a patio area in front. This site plan and configuration remains unchanged from previous years. A f ence will enclose the patio and connect to each structure. The greenhouse struct ures will be the sam a as previous years with four, six-foot doors remaining open at all times during business hours. There will be at least four fire extinguishers in the Flo wer Mart a nd all sm oking will be prohibited. The principal uses of the subject parcel are preexisting and comply with zoning regulations. The two structures and patio will displace approximately 30 parking spaces and a drive aisle. COMPREHENSIVE PLAN The Comprehensive Plan designates the property for commercial use, including retail sales, offices and service businesses. The proposal is consistent with the intent of the City's Comprehensive Plan. 18 P & Z Minutes Page 6 March 5, 2013 ZONING ORDINANCE The zoning classification for this property located at 4300 Central Avenue is GB, General Business District. Retail uses are allowed in this zoning district. Existing parking exceeds zoning requirem ents. Section 9.106 (L)(10) of the Zoning Ordinance requires that commercial uses provide 1 parking space for each 300 square feet of use. Therefore,the existing 144,900-square foot commercial building is required to have 483 parking spaces. After using the 30 parking spaces for the greenhouses, the site still has 598 parking spaces. Furthermore, with the location of the display area on the opposite side of the parking lot as the store entrances,the operation should not have any effect on vehicular access for the site. FINDINGS OF FACT Section 9.104(H) of the Zoning Ordinance outlines seve n findings of fact that m ust be m et in order for the City to grant an interim use permit. They are as follows: 1. The use is one of the interim uses listed for the zoning district in which the property is located, or is a substantially similar use, as determined by the Zoning Administrator. Outdoor sales/display establishments are an Interim Use in the GB, General Business District, and are considered retail sales, which are permitted. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan guides the subject property for commercial use. Outdoor sales/display uses are allowed as conditional uses in all residential districts. 3. The use will not impose hazards or disturbing influences on neighboring properties. Tlie closest residential property to the south is over 300 feet from the proposed temporary use. In addition, the amount of space dedicated for the greenhouse sales is relatively small at approximately 1,000 square feet. Therefore, the proposed temporary use should not have any detrimental impact on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. The garden center as proposed will have no impact on the use of adjacent properties. 5. The use will be designed, constructed, operated a nd maintained in a m anner that is compatible with the appearance of the existing or intended character of the surrounding area. Linder's has been in operation for 24 years at this location, with the City experiencing no complaints. The proposed garden center should not negatively impact the existing character of the vicinity. 19 P&Z Minutes Page 7 March 5, 2013 6. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. The traffic generated by the garden center will not significantly increase the traffic on the public streets, and the site is large enough to handle additional interior traffic. 7. The use will not cause a negative cumulative effect on other uses in the immediate vicinity. As indicated by prior descriptions, the garden center should not have a negative impact on other uses in the immediate vicinity, which are zoned for residential and commercial uses. Staff recommends that the Planning Commission approve the Interim Use Permit for seasonal agricultural sales subject to conditions of approval outlined below. Questions from members: Roberts asked if this is the sam a situation as previous years. Cartney said it is the sam e request and that they have operated at this location for 24 years. Public Hearing Opened: No one was present to speak on this issue. Public Hearing Closed. Motion by Kinney, seconded by Roberts, that the Planning Commission approves the Interim Use Permit for seasonal agricultural sales at 4300 Central Avenue NE from April 15 through July 15, 2013, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. Outdoor agricultural/produce sales located within the public right-of-way are prohibited. 2. All goods shall be displayed in an orderly fashion, with access aisles provided as needed. 3. Music or amplified sounds shall not be audible from adjacent residential properties. 4. Signage shall be limited to (2) professionally made signs per structure, not exceeding thirty-two (32)square feet per sign. 5. The outdoor storage shall be located as indicated on the site plan. 6 A $500 deposit shall be submitted to the Community Development Department prior to installation of the structures on the site. The deposit shall be refunded after the Interim Use Permit expires and the site has been cleaned up. 7. The proposed fence must be 20 feet from the retaining wall for safety vehicular access. All ayes. MOTIONPASSED. 20 P &Z Minutes Page 8 March 5, 2013 RESOLUTION NO.2013-PZ01 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING AN INTERIM USE PERMIT FOR LINDER'S GREENHOUSES,INC WITHIN THE CITY OF COLUMBIA HEIGHTS,MINNESOTA WHEREAS,a proposal(Case#2013-0203) has been submitted by Linder's Greenhouses to the Planning and Zoning Commission requesting an Interim Use Permit a pproval from the Ci ty of Columbia Heights at the following site: ADDRESS: 4300 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Interim Use Permit for outdoor seasonal sales from April 15,2011 to July 15,2013. WHEREAS,the Plannin g Commission has held a public hearing as required b y the city Zoning Code on March 5,2013; WHEREAS,the Planning and Zoning Commission has considered the advice and recommendations of the City staff regarding the effect of the proposed site pl an upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses,traffic,property values, light,air,danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the Plannin g and Zoni ng Commission of the C ity of Columbia Heights after reviewing the proposal,that the Planning and Zoning Commission accepts and adopts the following findings: 1. The use is one of the interim uses listed for the zoning district in which the property is located, or is a substantially similar use, as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or disturbing influences on neighboring properties. 4. The use will not substantially diminish the use ofproperty in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6 Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. 7. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. FURTHER,BE IT RESOLVED,that the attached conditions,maps,and other information shall become part of this permit and approval; and i n granting this permit the cit y and the applicant agree that this permit shall become null and void if the project has not been co mpleted within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. Outdoor agricultural/produce sales located within the public right-of-way are prohibited. 2. All goods shall be displayed in an orderly fashion,with access aisles provided as needed. 3. Music or amplified sounds shall not be audible from adjacent residential properties. 4. Signage shall be limited to (2) professionally made signs per structure, not exceeding thirty- two(32)square feet per sign. 21 P&Z Minutes Page 9 March 5, 2013 5. The outdoor storage shall be located as indicated on the site plan. 6. A $500 deposit shall be submitted to the Community Development Department prior to installation of the structures on the site. The deposit shall be refunded after the Interim Use Permit expires and the site has been cleaned up. 7. The proposed fence must be 20 feet from the retaining wall for safety vehicular access. Passed this 5`h day of March 2013, Offered by: Kinney Seconded by: Roberts Roll Call: All Ayes CHAIR Marlaine Szurek Attest.- SECRETARY, Shelley Hanson Approval is contingent upon execution and return of this document to the City Planning Office. I have read and agree to the conditions of this resolution as outlined above. Date OTHER BUSINESS Cartney welcomed new member, Keith Roberts to the Planning & Zoning Commission and looks forward to working with him. She encouraged him to contact her with any questions he may have regarding his role. The meeting was adjourned at 7:20 pm. Respectfully submitted, Shelley Hanson Secretary 22 APPROVED 3/6/13 COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES February 5, 2013 The meeting was called to order by Chair Patricia Sowada, at 6:37 p.m. Members present were:Nancy Hoium, Steve Smith, Patricia Sowada,Barbara Tantanella,and Catherine Vesley.Also present:Acting Library Director Renee Dougherty,and Recording Secretary Stacey Hendren.Not present: City Council Representative Tami Diehm. Dougherty requested that the Review of the accounting of 2013 be removed from the agenda. The minutes of the January 2,2013 Board meeting were approved as mailed. The bill list dated 1/2/13 of 2012 bills was reviewed. It was moved, seconded,and passed that the bills be paid. The bill list dated 1/9/2013 of 2012 bills was reviewed.It was moved, seconded,and passed that the bills be paid. The bill list dated 1/23/2013 of 2012 bills was reviewed. It was moved,seconded, and passed that the bills be paid. The bill list dated 1/23/2013 of 2013 bills was reviewed.It was moved, seconded, and passed that the bills be paid. The 2012 accounting dated 2/5/13 was reviewed. Dougherty notified the Board that the report contains preliminary figures from the Finance Department. Old Business: 1. The Library Board discussed the special Council meeting of January 24,2013 concerning the proposed library/city hall/senior housing at 40`x'and Central. Dougherty notified the Board that the Council met in executive session on February 0,and will move forward after receiving a response from the Task Force. The Board mentioned a structural study of the building,the viability of senior housing in Columbia Heights, and cost as addition information necessary for a decision. The Board was very positive regarding the proposal and stated that building would be a stunning addition to Central. Discussion continued concerning the viability and cleanup of the Mady's site,and possible donors for a library project. 2. The Task Force is preparing a statement regarding the 40`x'and Central site,as well as their recommendation to the City Council. A subcommittee has been created to write a draft statement. The Board discussed the desire for a drive-up book drop. Dougherty will provide the final Space Needs Assessment to the Board once it is available. New Business: 1. The Board reviewed the December crossover statistics. Dougherty highlighted the low e-book/e- audio checkout through the Columbia Heights Public Library compared to Anoka County Libraries. The Board discussed the future of e-books. 2. The Board reviewed the Unique Management report for December. 1-2/5/13 23 3. Dougherty requested discussion of the current Public Service Policy and notified the Board of a new card status,BASIC2, which is being used by ACL for individuals without an ID,without accurate ID,living in shelters, or minors without a guardian. The card status provides Internet access and a 2 item checkout limit for 6 months. Dougherty mentioned that CHPL has always required an ID for a library card. She advises the continuation of that practice and a requirement for a method of contact, either email or cell phone. The Board discussed the demand, the restrictions,acceptable IDs, and the need to provide Internet access and a basic level of service. The Board authorized Dougherty to write a draft update to the Public Service Policy including the new card status. 4. The Library will be posting for Library Pages on March 1". 5. The Board reviewed the Executive Summary and brochure of the Minnesota Public Libraries Return on Investment Report commissioned by the Regional Council of Public Library Directors. The report indicates that Minnesotans consider library services to be very important and support the maintenance or increase of funding. Vesley requested the items be sent to Representatives Laine and Goodwin. The Board discussed the methodology of the report,the economic impact, and the value of library services. Items from the Floor: None There being no further business,the meeting was adjourned at 7:15 p.m. Respectfully submitted, Stacey R. Hendren Recording Secretary,Library Board of Trustees The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights services,programs, and activities. 2-2/5/13 24 CITY COUNCIL LETTER Meeting of:March 11, 2013 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: RESOLUTION 2013-22 APPROVING BY: K.Hansen BY: PLANS AND SPECIFICATIONS AND ORDERING DATE: 3/6/13 DATE: ADVERTISEMENT FOR BIDS FOR THE 2013 CONCRETE STREET REHABILITATION PROGRAM Background: A Public Improvement Hearing for the 2013 Concrete Street Rehabilitation Project was held on March 4, 2013. The City Council ordered improvements for concrete streets in the Innsbruck 3'd Addition plat. Analysis/Conclusions: The proposed utility construction remains essentially unchanged from the work presented at the Public Improvement Hearing. Overall,the condition of the water main, sanitary sewer and storm sewer is acceptable. Work on sanitary and storm manhole/catch basin consists of replacing adjusting rings and castings within the construction area. The proposed funding for this work is as follows: Sanitary Sewer Construction Fund $76,000 Storm Sewer Construction Fund $86,000 Water Construction Fund $0 Final plans and specifications for the Concrete Street Rehabilitation Improvements, including utilities, are substantially complete. The bid opening is scheduled for April 16,2013 with City Council award on April 22, 2013. Recommended Motion: Move to waive the reading of Resolution 2013-22,there being ample copies available to the public. Recommended Motion: Move to adopt Resolution 2013-22 approving Plans and Specifications and ordering Advertisement for Bids for 2013 Concrete Street Rehabilitation Program,City Project Number 1302. Attachment: Resolution 2013-22 COUNCIL ACTION: 25 RESOLUTION 2013-22 BEING A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR 2013 CONCRETE STREET REHABILITATION PROGRAM, CITY PROJECT NUMBER 1302 WHEREAS,pursuant to a resolution passed by the Council on March 4, 2013, the City Engineer has prepared plans and specifications for Concrete Street Rehabilitation in Innsbruck 3rd Addition plat; NOW THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS,MINNESOTA 1. Such plans and specifications identified as 2013 Concrete Street Rehabilitation, City Project Number 1302 are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in a trade journal an advertisement for bids upon making of such improvement under such approved plans and specifications. The advertisement shall be published a minimum of three weeks prior to the bid opening, shall specify the work to be done, shall state that bids will be received by representatives of the City Council of Columbia Heights until 10:00 a.m. on Tuesday,April 16, 2013 at which time they will be publicly opened at the place designated, will then be tabulated and will be considered by the City Council on Monday,April 22, 2013 in the Council Chambers. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the council on the issue of responsibility. No bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, bid bond, or certified check payable to the City of Columbia Heights for 5 percent of the amount of such bid. Passed this I l th day of March 2013. Offered by: CITY OF COLUMBIA HEIGHTS Seconded by: Roll Call: Mayor Gary L. Peterson Tori Leonhardt City Clerk/Council Secretary 26 CITY COUNCIL LETTER Meeting of:March 11, 2013 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS ITEM: RESOLUTION 2013-23 DECLARING THE BY: Kevin Hansen/Joe Kloiber BY: INTENT TO BOND FOR CONCRETE STREET DATE: 3/6/13 DATE: REHABILITATION PROGRAM,CITY PROJECT 1302 Background: At the improvement hearing on March 4, 2013,the City Council ordered the improvement of Concrete Street Rehabilitation project. Plans and specifications will be completed by staff and publicly advertised following council authorization. To provide adequate project funding, it is possible that bonding will be utilized to cover the project over a 2 to 3-year cycle. Bonds for street rehabilitation projects were most recently issued in 1999, 2003,2006 and 2009. Analysis/Conclusions: Currently cash available to fund the construction from city inter-fund loans is limited. For this reason,there is the potential for bonding for the 2013 Concrete Street Rehabilitation Improvement Program. The fact that bonding rates are at their lowest point in years makes bonding a very viable financing option. To keep the potential bonding alternative open, a resolution declaring the intent to bond should be approved by the Council. This has been done for the Street Rehabilitation Construction projects since 1998. It should be noted that the resolution does not commit the City to bonding or to the dollar amount stated, but keeps the option for bonding open in the future, up to the dollar amount specified. Recommended Motion: Move to waive the reading of Resolution 2013-23, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution 2013-23, being a resolution approving the declaration for the official intent of the City of Columbia Heights to reimburse certain expenditures from the proceeds of bonds to be issued by the City for the Concrete Street Rehabilitation Program, City Project 1302. Attachments: Resolution 2013-23 COUNCIL ACTION: 27 RESOLUTION 2013-23 DECLARING THE OFFICIAL INTENT OF THE CITY OF COLUMBIA HEIGHTS TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY FOR THE CONCRETE STREET REHABILITATION PROGRAM, CITY PROJECT 1302 WHEREAS, Internal Revenue Service has issued Tres. Reg. 1.140-2 providing that proceeds of tax exempt bond used to reimburse prior expenditures will be not be deemed spent unless certain requirements are met; and, WHEREAS, the City of Columbia Heights (the "City") expects to incur certain expenditures which may be financed temporarily from sources other than bonds, and reimbursed from the proceeds of a bond; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS AS FOLLOWS: 1. The City reasonably intends to make expenditures for Project No. 1302 consisting of Concrete Street Rehabilitation and reasonably intends to reimburse itself for such expenditures from the proceeds of debt to be issued by the City in one or more series in the maximum principal amount of $320,000. 2. This resolution is intended to constitute a declaration of official intent for purposes of Tres. Reg. 1.150-2 and any successor law, regulating or ruling. Passed this 11 th day of March 2013. Offered by: CITY OF COLUMBIA HEIGHTS Seconded by: Roll Call: By Mayor Gary L. Peterson Tori Leonhardt City Clerk/Council Secretary 28 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of March 11, 2013 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Community Development APPROVAL ITEM: Site Plan for a restaurant at 4920 Central BY: Sheila Cartney BY: Ave Resolution 2013-21 DATE: March 6, 2013 BACKGROUND: The applicant is requesting Site Plan review approval for a false fagade addition and outdoor patio seating for a proposed restaurant at 4920 Central Avenue. In 2008 the former Nalapak restaurant received site plan approval for outdoor seating in front of the building for 16 seats; the applicant is increasing the outdoor patio to the south side of the building and the seating to 40 seats. The applicant is also changing the parking lot configuration so that the parking stalls are parallel rather than slanted, as proposed the parking lot meets the minimum requirements and the number of parking stalls required is met. The false fagade that is proposed will increase the building height to 33 feet, which is consistent with Design Guidelines for the Highway District. The building will be painted with neutral brown tones and brick pillars will be added to the front and sides adding different textures, awnings and ornamental features are all consistent with the design guidelines. The Planning and Zoning Commission held a Public Hearing on March 5, 2013 and no one from the public was present for this item. The item was forwarded to the City Council for a curtsey review as this is a drastic change to the building, but typically Site Plan Reviews do not need City Council approval. RECOMMENDATION: The Planning Commission recommends approval of the Site Plan with three conditions listed in the staff report. RECOMMENDED MOTION: Motion: Move to waive the reading of Resolution 2013-21, there being ample copies available to the public. Motion: Move to adopt Resolution 2013-21, approving a site plan for a restaurant and outdoor seating located at 4920 Central Avenue NE, Columbia Heights, Minnesota Attachments:Resolution 2012-13,P&Z staff report COUNCIL ACTION: 29 RESOLUTION NO. 2013-21 RESOLUTION APPROVING A SITE PLAN FOR A RESTAURANT AND OUTDOOR SEATING LOCATED AT 4920 CENTRAL AVENUE NE COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case#2013-0301) has b een submitted by Barr-Nelson Inc., to the City Council requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS: 4920 Central Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for the a restaurant addition and outdoor seating located at 4920 Central Avenue NE. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on March 5,2013; WHEREAS,the City Council has considered the advice and recom mendations of the Planning Commission regarding the effect of the proposed siteplan upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic,property values, light, air,danger of fire, and risk to public safety in the surrounding areas; and NOW,THEREFORE,BE IT RESOLVED by the City Council of theCity of Columbia Heights after reviewing the proposal,that the City Counal 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 pernit and approval; and in gnnting this permit the city and the applicant agree that this permit shall become null and void if the project has not been com pleted within one 1 calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. The parking stalls must meet the minimum width and length requirements of the Zoning 30 Resolution No. 2013-21 Page 2 Ordinance as well as the drive aisle width. 2. The outdoor patio seating is limited to 10 tables with four chairs each (for a total of a 40- seating area) 3. The addition shall be consistent with the plans dated received February 27, 2013 Passed this 11th day of March, 2013, Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Tori Leonhardt City Clerk/Council Secretary 31 N M F m C Y C m m m m m-o O O 01"O 0 O m m w O O A C m~L O Q d "'N N— C m.O L.. c �C m 7 w 0 0oZ > m cN3aaNS a)CL aQ d o O m N o o m a o m m C7 m EQO �� � m occ H Q Q.O a5 .N� w 0 N i O N O L O C `�C_N N._ m'O o Z O O O to > Q.C O L N : o Qc a) o.°o a) (z rmn C, c c°i E 3 m�0 Cl)° p ML (D.20 N-0 c d ° as to a v a�i='y 0 aa) as �.� °is N O C 2 O_O m U "O m N 7 2, C m 0 0 E N O'Z5 m N p N j 0) E E O_0 t6 >�- 2'O C r- 0 �N m2 a E O C 7'F to > In 0 a3.L-. m Y U O C O f6 m c X L Q N O U (U' N N N m•� m 0 N C O Q J c ° EOcasoi) E CDC N3�L0. 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CITY COUNCIL LETTER Meeting of: March 11, 2013 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE: NO: DATE: March 6, 2013 BY: BACKGROUND/ANALYSIS Attached is the business license agenda for thAlarch 11, 2013 Council meeting. This agenda consists of applications for Contractor licenses for 2013 and a tern porary liquor license for Im maculate Conception's May 3rd event. At the top of the license agenda you will notice aphrase stating *Signed Waiver Form Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for March 11, 2013 as presented. COUNCIL ACTION: 41 TO CITY COUNCIL March 11, 2013 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES -2013 BLDG * Boutin Plumbing 24430 Polansky, Webster, WI $60 *Giertsen Co 8385 10th Ave N, Golden Valley $60 *Master Plumb Sery PO Box 2451, Inver Grove Hts $60 *Donald Frantz Conc 595 Randolph Ave, St Paul $60 *DJY Construction 1540492 d Pl, Maple Grove $60 *Ike's Plumbing 6497 Hokah Dr, Lino Lks $60 *Appliance Connect 12850 Chestnut Blvd, Shakopee $60 *K & S Heating 4205 Highway 14 W, Rochester $60 *Legend Mechanical 12467 Boone Ave#1, Savage $60 *Treehugger Tree PO Box 21543, Mpls $60 *The Fireplace Guys LLC 3746 Stinson Blvd, Burnsville $60 *Masterpiece Homes 127 E County Rd C, Little Canada $60 Dave Wagner Plumb 137 E Golden Lk Ln, Cir Pines $60 Aabbott Ferraro Htg 2328 Terminal Rd, Roseville $60 *Mpls Suburban S & W 3233 45th Ave S, Mpls $60 TEMPORARY LIQUOR LICENSE *Im maculate Conception 4030 Jackson St $100 For May 3rd, 2013 42 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: March 11, 2013 . STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion: Move that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has received the list of claims paid covering check number 147044 through 147194 in the amount of$ 725,539.02. These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are herby, recommended for payment. 43 Ul W H C7 * * Cx7 P, H a' •K •K W W •k -k 0 4 U * K H * * o * * 04 N * * U3 a * * a 0 > u � G4 Ul 04 * * H O OOO -K k 04 H u) d+ * * U �.+ o in HZJU * -k UlD U * •% d� � l0 * k O) -H O * * H a •K i� -k i� * •k 'Z H H k * H 04 0 * * a u .0 .0.0 it+l 4) ,J 4-)v ,J .0 it o * * U * 0000* a w z (15 � H P4 zzzz * x * zzzz * u o� * * x -3 u wwww aw * * \ m • 1 k K M N S4 * aaaa * O a * * 4p e * * * * * * r-4 W p p,o U) V� * * H d.) m . . . . . . 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H O H H 'c z U H W Cn I V7 m H I E HH W WF:4 04 PPCi,W 0 P � O H I ra� HA (�' p>1 �04��D CAS U F-I I H� j H •• C4 W HpPHo41ymzoM W' P: C*+ •• I �' pq UM a U I W Ha a W H W W ,."P4 "l. Ti HO a W I U ri I z M 04 04 3 r14 0 Ol P Z W cn a I w a o v w l woQEirCH�pp� r� �wwE1H �4wzz a v � I x a z\ a Q I 0U W CO rJ a axUtlS M W W a S U H H < � fy I U F4 wrl a a Ul\ I HHd� NIl1ONNLfIOHNM �H �r-IHOdI Ei I E�i UM 000 r-IN W r- r- r-I N O 0000 Ln O N 00 O I O a'O W G*-I I HNNNNNNMdIdI\lowwwwk.0r- r- m P (Yl a I CO Ei CITY COUNCIL LETTER Meeting of: March 11,2013 AGENDA SECTION: BID CONSIDERATIONS ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: ACCEPT BIDS AND AWARD BY: Kevin Hansen BY: CONTRACT FOR MSC GARAGE FLOOR DATE: March 5, 2013 DATE: CAPACITY UPGRADE Background: Two engineering reports were prepared in 2011 to evaluate 1. Condition (by Stork Twin City Testing) and 2. Strengthening (by SRF) of the MSC floor, which were accepted by the Council in April of 2011. Based on the first report,the MSC Garage Floor Repairs and Traffic Coating project was initiated and completed in 2012. The repairs included partial and full depth concrete repairs of the structural slab, and partial depth concrete repairs of several supporting beams. Reinforcing steel bars were replaced with the repairs when the existing bars were deteriorated. After completion of the concrete repairs, a 3-coat urethane/epoxy traffic coating was applied to the surface. That project addressed material deterioration and did not increase the floor strength. Based on the second engineering report by SRF,weight restrictions were placed on the MSC floor until floor strengthening could be completed. Staff budgeted $89,000 for the work in 2013. Analysis/Conclusions: The firm of Buetow2 Architects, along with Larson Structual Engineering prepared plans and specifications using conventional steel I-beam support from the underside to provide access for up to 40,000 lb. equipment. Based on their design, additional steel I-beams were included to achievethe desired weight loadng.Nineteen contractors or suppliers requested copies of the bidding docum ents. F our bids were received and publicly read aloud at the February 19, 2013 bid opening. The apparent low bid of$60,595 was submitted by Eagle Construction. Within 24 hours the contractor requested to withdraw his bid after finding a bid error(allowed in the bidding documents). The next low bid of$101,000 was submitted by J.S. Cates Construction. Buetow2 has performed a bid analysis and is recommending award to J.S. Cates in the amount of$101,000—see attached letter. Staff recommends acceptance of the bids and awarding a contract to J.S. Cates Construction, Inc. Recommended Motion: Move to accept bids and award the MSC Floor Capacity Upgrade project to J.S. Cates Construction, Inc. of Hamel, Minnesota based upon their low, qualified,responsible bid in the amount of $101,000 with funds to be appropriated from Fund 411; and, furthermore,to authorize the Mayor and City Manager to enter into a contract for the same. Attachments: Buetow2 Letter of Recommendation Minutes of the Bid Opening COUNCIL ACTION: 51 1311 BUETOW 2 ARCHITECTS, INC . February 26, 2013 City of Columbia Heights Public Works Department 637 38th Avenue NE Columbia Heights, MN 55421-3806 Attn: Kevin Hansen, PE Director of Public Works City Engineer Re: Recommendation of award for general construction- Municipal Service Center floor capacity upgrade Project B2A # 1229 Dear Kevin, The following is a brief summary of our efforts on the MSC floor capacity upgrade project: History A feasibility study dated April 20, 2011 by another engineering firm was found to be deficient in the area required to be strengthened and the quantity of steel required to meet the needs of the Owner. This was discovered in the construction documents phase of the project. This obviously expanded the project scope and overall cost. Bid Results The project was publicly bid and planholders lists at the various Builders Exchanges noted 19+General Contractors had viewed the bid documents. Four contractors submitted bids. Eagle Construction was the low bid at$60,595, JS Cates second at$101,000 and BNM Construction third at$123,500 ( see attached bid tabulation form). Bid Market The construction industry"is on a slow climb"out of a still depressed construction economy. Competition is stiff and this project for most contractor's is a very high risk project since it is a `messy' remodeling. The steel installation is straightforward but existing mechanical and electrical items need to be taken down and put back in working order to accommodate the new added steel beams. Alternates Alternates were not bid since the new cost estimates increased from the April 20, 2011 feasibility study because the work area expanded and the quantity of steel beams/size increased. Budget Public Works had set aside$89,000 for the proposed improvement. The hoist area was added to the project, additional steel beams included and it is 2013 which all increased cost. The new estimate anticipated a bid cost of$120,000-$130,000. BUETOW 2 ARCHITECTS,INC_ AN ARCHITECTURAL SERVICES 6 2)COMPANY Y 1' 2905 DEAN PARKWAY SUITE A MINNEAPOLIS MINNESOTA 55416 TELEPHONE 52 1311 BUETOW 2 ARCHITECTS, INC . Contingency and Special Inspections This project will require funds for unforeseen conditions that exist in the 1973 structure for Change Orders. It will also require funds for special inspections/testing of welds etc. that cannot be reviewed by the design team or Owner due to the State Building Code requirements. A contingency of 15% is recommended for this project . Performance and Payment Bond As requested,this was not included in the project bid as it adds a cost. We would recommend that the City obtain a bond from the Contractor on this project. The proposal form indicated that if the City required this of the Contractor,the City would pay the cost. This cost is 1 ''/s%+/- of the bid or$1500. Low Bidder Error in Proposal Per a phone call to confirm their proposal and an email (see attached), Eagle Construction requested that their bid be withdrawn due to an error that they had made. Lowest Responsible Bidder Per a phone call and email (see attached)to JS Cates Construction,Jeff Cates stated that their base bid was as bid and they desire working on the project. Previous work history with the contractor Buetow 2 Architects, Inc. has recently(2012)worked with JS Cates Construction on the City of Brooklyn Park City Hall addition and remodeling. That project was completed on time and within budget. Please find attached information on their company. Recommendation We recommend that JS Cates Construction Inc. be awarded the Municipal Service Center floor capacity upgrade project as they are the lowest responsible bidder. Please call with any question you may have. We look forward to the completion of a successful project. Sincerely, BUETOW 2 ARCHITECTS,INC. Af� r4&t-� Modris M Feders, AIA, CID Principal enc. Bid tab form Eagle Construction letter JS Cates email and info 2905 BUETOW DEAN PARKWAY INC.SUITE A MINNEAPOLIS MINNESOTA 55416 ARCHITECTURAL TELEPHONE SERVICES(6 2) 4455-626 Y'1 53 CITY OF COLUMBIA HEIGHTS Minutes of Bid Opening on Tuesday, February 19, 2013, 10:00 a.m. MSC Floor Strengthening Pursuant to an advertisement for bids for MSC Floor Strengthening, an administrative meeting was held on February 19, 2013 at 10:00 a.m. for the purpose of bid opening. Attending the meeting was: Kevin Hansen, City Engineer Sue Schmidtbauer,Public Works Secretary Dave Reed, BNM Construction Mod Feders,Buetow 2 Architects Steve Synowczynski, Vehicle Maintenance Supervisor Bruce Allan, J.S. Cates Construction Heidi Squire, Meisinger Construction Bids were opened and read aloud as follows: Bidder Base Bid BNM Construction 123,500 * Eagle Construction 60,595 J.S. Cates Construction 101,000 Meisinger Construction 227,200 *Bid withdrawn Respectfully submitted, Sue Schmidtbauer Public Works Secretary 54 CITY COUNCIL LETTER Meeting of: March 11, 2013 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: ACCEPT BIDS AND AWARD 2013- BY: K. Hansen BY: 2014 TREE REMOVAL CONTRACT DATE: 3/1/13 DATE: Background: On January 28, 2013,the City Council authorized staff to seek bids fir the 2013-2014 Tree Rermval Program. This is an ongoing programto remove diseased or hazardous trees throughout the City. To provide continuity,the contract covers a two-yearperiod, with the current contract having expired December 31, 2012. Analysis/Conclusions: The City advertised for form al bids for th e 2013-2014 Rem oval of Trees, Trees and Stum ps or Stumps only on Public and Private Property contract. Specifications were sent to 13 contractors. The City received two bids on the bid opening date of March 1, 2013. A copy of the Bid Opening Minutes is attached. The bid from Nick's Tree Service Inc. is $19.00 per inch diameter(tree and stump removal). The 2010-2012 contract was $20.00 per inch diarater(tree and stump removal), and was held by Nick's Tree Service, Tree removal costs are paid out of Fund 101-46102. Based upon the bids received, Nick's Tree Service Inc. of Corcoran, MN is th e low, qualified, responsible bidder. Staff is recommending award of the bid to Nick's Tree Service of Corcoran, Minnesota. RECOMMENDED MOTION: Move to award the 2013-2014 Re moval of Trees, Trees and Stumps or Stumps Only on Public and Private Prope rty contract to Nick's Tree Service Inc. of Corcoran, MN,based upon their low, qualified, responsilbe total bid for tree and stump removal,tree removal only, or stump removal only; and furtherrmre,to authorize the Mayor and City Manager to enter into a contract for the same. KH:sms Attachment: Bid Opening Minutes COUNCIL ACTION: 55 CITY OF COLUMBIA HEIGHTS Minutes of Bid Opening on Friday, March 1, 2013, 10:00 a.m. Removal of Trees & Stumps, Trees Only or Stumps Only On Public and Private Property Pursuant to an advertisement for bids for Tree Removal, an administrative meeting was held on March 1, 2013 at 10:00 a.m. for the purpose of bid opening. Attending the meeting was: Lauren McClanahan, City Forester Nick Arrigio,Nick's Tree Service Sue Schmidtbauer, Pubic Works Secretary Bids were opened and read aloud as follows: Bidder Base Bid Arbor Barber, Inc. $165,996.00 Nick's Tree Service $157,980.00 Respectfully submitted, Sue Schmidtbauer Public Works Secretary 56