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HomeMy WebLinkAbout03/11/2013 Regular OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY,MARCH 11,2013 THE FOLLOWING ARE THE MINUTES FOR THE REGULAR MEETING OF THE CITY COUNCIL HELD AT 7:00 P.M. ON MONDAY,MARCH 11,2013 IN THE CITY COUNCIL CHAMBERS,CITY HALL, 590 40TH AVENUE N.E., COLUMBIA HEIGHTS,MINNESOTA. 1. CALL TO ORDER/ROLL CALL/INVOCATION Mayor Peterson called the meeting to order at 7:00 PM Members Present: Mayor Peterson, Councilmember Nawrocki, Councilmember Williams, Council President Diehm and Councilmember Schmitt. Members Absent: None Staff Present: Assistant to City Manager/HR Director Linda Magee, Public Works Director Kevin Hansen, Assistant Sheila Cartney, City Attorney Jim Hoeft and City Clerk/Council Secretary Tori Leonhardt. Pastor Dan Thompson of Heights Church gave the invocation. 2. PLEDGE OF ALLEGIANCE Recited 3. ADDITIONS/DELETIONS TO MEETING AGENDA None 4. PROCLAMATIONS, PRESENTATIONS,RECOGNITION,ANNOUNCEMENTS, GUESTS Mayor Peterson extended an invitation from Malcolm Watson, former City Manager of Columbia Heights, inviting everyone to a St. Patrick's Day sing-a-long happening Saturday at noon at the Champlin American Legion located at 7365 Old Central. They will be serving corn beef and cabbage and entertainment will be provided by a couple of ladies playing the keyboards. The VFW in Heights is having a corn beef and cabbage dinner on Sunday. Peterson stated that Mickey Rooney is 84 years old today and wished him a happy birthday! Diehm encouraged everyone to attend "Empty Bowls"this Thursday, March 10' at Murzyn Hall. All proceeds benefit SACA. 5. CONSENT AGENDA Councilmember Nawrocki asked that items C, D, and E be removed from the Consent Agenda for further discussion. Magee took the Council through the remaining items on the Consent Agenda. A.Approve minutes of the February 25, 2013 City Council Meeting 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. City Council Minutes Monday,March 11,2013 Page 2 of 8 MOTION: Move to accept the March 5, 2013 Planning and Zoning Commission Minutes. MOTION: Move to accept the February 5, 2013 Library Board Minutes. C.Adopt Resolution 2013-22 Approving Plans and Specifications and Ordering Advertisement for Bids for the 2013 Concrete Street Rehabilitation Program- Removed D.Adopt Resolution 2013-23 Declaring the Intent to Bond for Concrete Street Rehabilitation Program, City Project 1302 - Removed E. Adopt Resolution 2013-21 Approving a Site Plan for a restaurant and outdoor seating located at 4920 Central Avenue NE - Removed F. Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for March 11, 2013 as presented. G.Review Payment of Bills 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 by Williams, seconded by Schmitt, to accept the Consent Agenda items with the exceptions of items C, D, and E, which were removed for further discussion. Upon Vote: All ayes. Motion Carried. Items removed from Consent Agenda for Discussion: Item C and D: Resolution 2013-22 Approving Plans and Specifications and Ordering Advertisement for Bids for the 2013 Concrete Street Rehabilitation Program and Resolution 2013-23 Declaring the Intent to Bond for Concrete Street Rehabilitation Program, City Project 1302. Nawrocki asked that both items C and D be reviewed as these items were not televised and the minutes have not been submitted for approval as of yet, stating residents who may be effected by this project may want to be informed. Hansen explained to the public, this project pertains to Innsbruck Parkway which is in the far Northeastern part of the city. The City Council ordered improvements for concrete streets in the Innsbruck 3rd Addition. The proposed utility construction remains essentially unchanged from the work presented at the Public Improvement Hearing. The overall condition of the water main, sanitary sewer and storm sewer is acceptable. They will be focusing on major rehabilitation of panel replacement, crack and joint repair, and crack sealing. The two items before you tonight are; Item C: Approving the plans and approving staff to seek bids for the project and Item D: Preserving the right of the City to issue bonds for the work if they so choose for an amount not to exceed $320,000. Work would begin in late May and would be completed in late summer. Nawrocki stated the proposed assessment for each property would be $2,800 per lot and there is a state aid section of this project, but state aid will not be credited against work for this project. Nawrocki also indicated that we are not bonding for the whole project as we are using some city funds. Hansen indicated the bonding would be for the assessed amount of$320,000 and stated the resolution is near this amount, but Columbia Heights has had success in people pre-paying. City Council Minutes Monday,March 11,2013 Page 3 of 8 Motion by Diehm, seconded by Williams, to waive the reading of Resolution 2013-22, there being ample copies available to the public. Upon Vote: All ayes. Motion Carried. Motion by Diehm, seconded by Williams, 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. Upon Vote: All ayes. Motion Carried. Motion by Diehm, seconded by Williams, to waive the reading of Resolution 2013-23, there being ample copies available to the public. Upon Vote: All ayes. Motion Carried. Motion by Diehm, seconded by Williams, 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. Upon Vote: All ayes. Motion Carried. Item E: Adopt Resolution 2013-21 Approving a Site Plan for a restaurant and outdoor seating located at 4920 Central Avenue NE. Nawrocki stated from the drawing he received he could not determine if the seating would be in the front or on the side of the building and asked what the distance would be between the seating area and Central Ave. Cartney showed a drawing of the proposal and indicated the building is set back twelve feet from the property line and the proposed seating would be under the overhang. They are maintaining their existing setback which is approximately eight feet. Motion by Diehm, seconded by Williams, to waive Resolution 2013-21, there being ample copies available to the public. Upon Vote: All ayes. Motion Carried. Motion by Diehm, seconded by Williams, 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. Ann Ismail, 1018 Grant Circle in Anoka, owner of proposed restaurant, stated their intention is to make it an upscale family friendly restaurant. There will be no alcohol served. Peterson asked Ismail when she intends to have the grand opening. Ismail indicated they are hoping for June. Upon Vote: All ayes, Motion carried. 6. PUBLIC HEARINGS None 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions None B. Bid Considerations Accept Bids and Award Contract for MSC Garage Floor Capacity Upgrade Hansen stated the work that is being proposed is a result of the second study that was completed and approved by council. The first study looked at the condition of the floor in which concrete City Council Minutes Monday,March 11,2013 Page 4 of 8 and steel reinforcements were replaced and repaired and traffic coating was applied to floor. The second study looked at the structural aspect of the floor meaning the carrying capacity or weight capacity of that floor. The study found the floor to be deficient but particularly deficient for the types of vehicles that they service. As a direct result of those findings, we budgeted for this work to be completed in 2013. The proposed work would include steel beaming of the floor in order to bring in dump trucks and fire equipment to provide service to them as we do for all other City vehicles. The City hired BII Buetow 2 Architects, Inc. in 2012 and they prepared plans that were used to publicly bid the work. The Engineer's estimate originally was $89,000, which was budgeted for, but due to the extent of the repairs needed and because there was more steel needed it raised the Engineer's estimate to $120,000. They received four bids for the work ranging from $60,000 to over$200,000. The bid that was for$60,000 was immediately withdrawn due to an error in their bidding documents, which is allowed. The lowest bidder was JS Cates and they have worked with the City in the past and staff is recommending that the City goes with JS Cates bid of$101,000. Nawrocki stated the bid for the work is $12,000 over what was budgeted for and asked Hansen how much more the City is paying for the Engineer. Hansen stated that amount was given to Council in 2012, of$8,800, which also includes managing the construction project in 2013. This architect is familiar with the city and this type of work. Nawrocki wanted to know what fund this money comes out of. Hansen replied it comes out of the normal Operating Fund of Central Garage. Nawrocki asked where the $12,000 would be coming out of Hansen indicated that would be coming out of the Central Building Fund 411. Motion by Williams, seconded by Schmitt, 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. Upon Vote: All Ayes. Motion Carried. Accept Bids and Award 2013-2014 Tree Removal Contract Hansen indicated this is a program that the City conducts for tree removal of hazardous and diseased trees. This is a two year cycle, so this bid is for two years and is publicly bid. We received two bids; one from Arbor Barber, Inc. and one from Nick's Tree Service. Staff is recommending approving the bid of$157,980.00 from Nick's Tree Service, indicating this is the same contractor that did work in the city last time. This bid is a dollar lower per caliper inch than the bid received for our last two year contract. This is a savings to the City and to homeowners. Nawrocki asked why we do not get more bids for this type of work. Hansen stated he was not sure,but may be due to the fact that this type of work may depend on where the contractors are located out of and how far they have to bring their equipment. Nawrocki asked how we solicit bids. Hansen indicated local businesses and our website. Schmitt asked are they are expecting a lot of ash trees this time and if the amount budgeted went up from 2010. Hansen stated we did raise the bid from 2010, as we were thinking there would be more ash trees and focusing on more ash tree treatment in 2014. Motion by Schmitt, seconded by Williams, 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 City Council Minutes Monday,March 11,2013 Page 5 of 8 Manager to enter into a contract for the same. Upon Vote: All ayes. Motion Carried. C. New Business and Reports None 8. ADMINISTRATIVE REPORTS Report of the City Manager Magee indicated she had a couple of announcements. As Council Member Diehm mentioned, the "Empty Bowls"event for SACA is this Thursday from 11:30 AM to 7:30 PM. There will be a spring egg hunt on Saturday, March 23'd from 11:00 AM to 12:30 PM at Murzyn Hall. Pre- registration is required and you can now register on line or by calling the Recreation Department at 763-706-3730. The City also encourages the youth not to miss out on the three Spring break trips. There will be a trip to the Water Park of America on Monday, March 25th, a trip to the Children's Theatre on Wednesday, March 27th and a trip to Nickelodeon Universe on March 28th. You can go to the City's website at www.ci.columbia-heights.mn.us and click on Recreation to check out all of their youth programs available for the spring of 2013. Report of the City Attorney None 9. CITIZENS FORUM Peterson asked if there was anyone in the audience that wanted to address the council. Peterson acknowledged that Deb and Roger Johnson were not here and stated he hopes they are well and gives them his best. Peterson informed everyone that the Fish Fry for the Heritage Tower was a big success. We received nothing but good comments about the event. Peterson expressed his gratitude for all the help they received for the event. He thanked the Boy Scouts, Fire and Police Departments, Public Works Department and all the other employees that volunteered their time and talents. The committee raised almost $19,000. Kenneth Hentges donated $10,000 towards the project in memory of his wife who passed away in January. The committee is going to name the Legacy Garden the "Hentges Legacy Garden" in honor of his generous donation. The kids at the school are going to be doing the art work which should be completed within 30 days as we are trying to get monument up by the end of May. Peterson reminded everyone that St Patrick's Day is Sunday and the annual parade in Minneapolis will be running from 12th and Nicolet to 4th and Nicolet. This event is handled by our own local residents, the Sean Clerkin Family. Sean is from Ireland and is very active in doing functions around Minneapolis. The parade starts at 7:00 PM by Nicollet Mall. Peterson stated he gets to drive his truck in the parade with a bunch of leprechauns. Mayor Peterson asked that we remember our service men and women and all their sacrifices and to do a random act of kindness. 10. ADJOURNMENT Mayor Peterson adjourned the meeting at 7:43 PM. City Council Minutes Monday,March 11,2013 Page 6 of 8 Tori eon a dt City le Council Secretary 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 been 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 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 recommendations of the Planning Commission regarding the effect of the proposed site plan 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 the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The site plan conforms to all applicable requirements of this article. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. 3. The site plan is consistent with any applicable area plan. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way. FURTHER, BE IT RESOLVED that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar year after City Council Minutes Monday,March 11,2013 Page 7 of 8 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 Passed this 11t1i day of March, 2013. 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 3'd 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 l lth day of March 2013. RESOLUTION 2013-23 City Council Minutes Monday,March 11,2013 Page of 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 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 I It" day of March 2013.