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Home My WebLink About04/14/2014 Regular MeetingCITY OF COLUMBIA HEIGHTS Mayor Gaty L. Peterson 590 40`h Avenue NE, Columbia Heights, MN 55421 -3878 (763)706 -3600 TDD (763) 706 -3692 Councilmembers Visit our website at. wHnuci.columbia- heinhts.mn.us Robert A. Williams Bruce Nawroeki Tammera Diehm Donna Schmitt City Manaeer 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, April 14, 2014 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. 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. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 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 2. APPOINT SECRETARY PRO TEM MOTION: Move to appoint Carole Blowers as Secretary Pro Tem. 3. ROLL CALL 4. INVOCATION Invocation provided by Pastor Bob Lyndes, CrestView Lutheran Homes 5. PLEDGE OF ALLEGIANCE 6. 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.) 7. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS PROCLAMATION: Arbor Day (April 25) and Arbor Month (May) p • 4 PROCLAMATION: Community Prayer Breakfast (May 7) p • 5 PROCLAMATION: National Library Week (April 13 -19) p • 6 8. 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 City Council MOTION: Move to approve the minutes of the City Council meeting of March 24, 2014. p. 7-17 B. Accept Board and Commission Meeting Minutes MOTION: Move to accept the October 13, 2013, minutes of the Park and Recreation p. 18-21 Commission. MOTION: Move to accept the March 5, 2014, minutes of the Library Board. p. 22-23 MOTION: Move to accept the April 1, 2014, minutes of the Public Arts Commission. p. 24 City Council Agenda Monday, April 14, 2014 Page 2 of 3 C. Approve Reappointments to Various Boards and Commissions p. 25 MOTION: Move to reappoint Steve Smith to a three year term on the Library Board; David Payne and Kevin McDonald to a two year term on the Park and Recreation Commission; Rob Fiorendino to a four year term on the Planning and Zoning Commission, and Ed Carlson to a four year term on the Traffic Commission. D. Authorize Staff to Seek Bids for 2014 Miscellaneous Utility Repairs p. 26 MOTION: Move to authorize staff to seek bids for the 2014 Miscellaneous Utility Repair project. E. Approve Final Compensating Change Order and Final Payment for 2012 Street p . Rehabilitation, Zone 7, Project No. 1202 27-31 MOTION: Move to approve the final compensating change order and accept the work for 2012 Street Rehabilitation, Zone 7, City Project No. 1202, and authorize final payment of $38,578.55 to Bituminous Roadways, Inc. of Mendota Heights, Minnesota. F. Adopt Financial Assistance Policy for Frozen Water Lines P . MOTION: Move to adopt the Financial Assistance Policy for Frozen Water Lines dated 32-33 April 2014. G. Authorize Step 2 Actions for the Minnesota Greenstep Cities Program p . MOTION: Move to authorize the City to complete the Step 2 requirements of the GreenStep 3 4 - 4 4 Cities program. H. Approve Three Year Contract Extension of Refuse and Recycling to Advanced Disposal p . MOTION: Authorize the City Manager and Mayor to enter into a three year contract 45-53 extension for Refuse, Recycling and Yard Waste Services with Advanced Disposal, as provided in the current contract. I. Adopt Resolution 2014 -24 Accepting Feasibility Report and Authorizing Cleaning and p . Lining of 6,005 Lineal Feet of Water Main (Under The City of Minneapolis 2014 Program) 54-62 City ject No. 1403 MOTION: Move to waive the reading of Resolution 2014 -24, there being ample copies available for the public. MOTION: Move to adopt Resolution 2014 -24, which accepts the Feasibility Report for the 2014 Water Main Cleaning and Lining Program and orders the Public Improvement for water main cleaning and lining of pipe totaling 6,005 lineal feet, under the City of Minneapolis Cleaning and Lining program for 2014. Authorize Staff to Seek Bids for Soil Borings and Property Survey at the Former NEI Site p. 63 MOTION: Move to authorize staff to seek bids for soil borings and a property survey at the 1.6 acre parcel north of 825 41St Avenue (former NEI site). K. Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for April 14, 6 4 - 6 5 2014, as presented. 6 L. Payment of Bills p MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8, the City 66-75 City Council Agenda Monday, April 14, 2014 Page 3 of 3 Council has received the list of claims paid covering check number 151696 through 151966 in the amount of $876,766.64. MOTION: Move to approve the Consent Agenda items. 9. PUBLIC HEARINGS A. Adopt Resolution 2014 -23, Approving Interim Use Permit for Temporary Outdoor Sales for p . Frattallone's Ace Hardware 4340 Central Avenue N E 76-82 MOTION: Move to close the public hearing and waive the reading of Resolution 2014 -23, there being ample copies available to the public. MOTION: Move to adopt Resolution 2014 -23, being a resolution for an Interim Use Permit for the proposed temporary outdoor sales for Frattallone's Ace Hardware, located at 4340 Central Ave. NE., 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. B. Adopt Resolution 2014 -20, Approving Conditional Use Permit for Operation of a Religious p . Facility for Iglesia Pentecostal Unida, 4230 Central Avenue N.E. 83 - 95 MOTION: Move to close the public hearing and waive the reading of Resolution 2014 -20, there being ample copies available to the public. MOTION: Move to adopt Resolution 2014 -20, being a resolution for a Conditional Use Permit for the proposed operation of a religious facility for Iglesia Pentecostal Unida, located at 4230 Central Ave. NE., 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. C. Adopt Emergency Ordinance No. 1614 Tobacco License Moratorium p . MOTION: Move to waive the reading of Ordinance No. 1614, there being an ample amount 96-98 of copies available to the public. MOTION: Move to adopt Emergency Ordinance No. 1614, being an Ordinance establishing an Emergency Moratorium for the purpose of protecting the planning process and the health, safety, and welfare of city residents and regulating the establishment of smoke shops in all commercial districts. 10. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations C. New Business and Reports 11. ADMINISTRATIVE REPORTS Report of the City Manager Report of the City Attorney 12. 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. 13. ADJOURNMENT Walt Fehst, City Manager WF /cjb PROCLAMATION ARBOR DAY - ARBOR MONTH - W,gCEREAS: Trees andforestsprovide a naturalplaygroundforpeopCe of aCCages; and 'WHEREAS. Trees andforests provide an unstructuredpCay environment that encourages exploration, creativity, andactivity; and 'WHEREAS. ChiCdhoodexposure to forests and trees lays the foundation for responsibCe environmentaC behavior and conservation values as an adult; and WHEREAS. The recreationaCopportunities providedby Minnesota's forests enhance the state's economy; and 'WHEREAS. Each year, on the Cast Friday in .April; and throughout the month of May, Minnesotans pay speciaCtribute to trees and ad the naturaCresources they represent, anddedicate themselves to the continuedvitatity of our state's forests. .WOW, THEREFORE, I, Gary Peterson, .Mayor of Columbia Heights, .Minnesota, do hereby proclaim ,Friday, .ApriC25, 2014, as .ARBOR DAY and the month of May 2014 as .Arbor .Month in the state of Minnesota. FURI) -IER: I urge aCCcitizens to pCant trees to gladden the hearts andpromote the weffbeing ofpresent andfuture generations. DATED: This 14th day of .April; 2014 Gary L. Peterson Mayor J) co II .I I PROCLAMATION COLUMBIA HEIGHTS ii COMMUNITY PRAYER BREAKFAST COLUMBIA HEIGHTS, MINNESOTA WHEREAS, in 1952 an event was inaugurated by leadership groups in the United States Senate and the House of Representatives and, WHEREAS, a voluntary committee of citizens has joined together in celebration of Columbia Heights to sponsor the Columbia Heights Community Prayer Breakfast, and WHEREAS, it shall be proclaimed "A Day of Personal Rededication in Columbia Heights," calling upon all citizens to join in quiet reverence and dedication as stated in the Declaration of Independence: "We hold these truths to be self- evident; that all men are created equal; they are endowed by their Creator with certain unalienable rights; that among these are live, liberty and the pursuit of happiness; that to secure these rights, governments are instituted among men..." NOW, THEREFORE, I, Gary L. Peterson, Mayor of Columbia Heights, do hereby proclaim Wednesday, May 7, 2014, as the date of the Columbia Heights Community Prayer Breakfast. Gary L. Peterson Mayor COLUMBIA HEIGHTS PUBLIC LIBRARY 820 - 40T" AVE N. E., COLUMBIA HEIGHTS, MN 55421 -2996 (763) 706 -3690; TDD (763) 706 -3692 National Library Week April 13-19,2014 WHEREAS, libraries help change lives in their communities, businesses and schools; WHEREAS, librarians work to meet the changing needs of their communities, including providing resources for everyone and bringing services outside of library walls; WHEREAS, libraries and librarians bring together community members to enrich and shape the community and address local issues; WHEREAS, librarians are trained, tech -savvy professionals, providing technology training and access to downloadable content like e- books; WHEREAS, libraries offer programs to meet community needs, providing residents with special programing for children, teens, adults and seniors including author visits, book clubs, storytimes, adult brain fitness games, science and art programs, Buddy Up and Read adult literacy programs and more. WHEREAS, libraries continuously grow and evolve in how they provide for the needs of every member of our community; WHEREAS, libraries, librarians, library workers and supporters across America are celebrating National Library Week. NOW, THEREFORE, be it resolved that I, Gary L. Peterson, Mayor of the City of Columbia Heights, proclaim National Library Week, April 13 -19, 2014. I encourage all residents to visit the library this week to take advantage of the wonderful library resources available @ your library. Lives change @ your library. Dated this 14tb day of April, 2014. Gary L. Peterson Mayor THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE 1361S OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES. EQUAL OPPORTUNITY EMPLOYER Minutes for the Regular Meeting of the City Council 7:00 PM Monday, March 24, 2014, City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN 1. CALL TO ORDER The meeting was called to order by Mayor Gary Peterson at 7:02 p.m. 2. APPOINT SECRETARY PRO TEM Motion was made by Mayor Peterson, seconded by Councilmember Nawrocki, to appoint Carole Blowers as Secretary Pro Tem. Motion passed unanimously. 3. ROLL CALL Present: Councilmembers Schmitt, Williams, Nawrocki, Mayor Peterson Absent: Councilmember Diehm Also Present: Linda L. Magee, Acting City Manager; Jim Hoeft, City Attorney; Gary Gorman, Fire Chief; Scott Nadeau, Police Chief, and Kevin Hansen, Public Works Director /City Engineer. 4. INVOCATION The invocation was provided by Pastor Max Richter, Community United Methodist Church, 5. PLEDGE OF ALLEGIANCE-- recited 6. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These maybe items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) ADDITIONS: The Mayor announced that there will be a "Clean, Fed, and Warm" event at the Public Safety Building on April 30tb from 5 pm to 8 pm. This is a joint effort between the Fire and Police Departments, the Columbia Heights Public Schools, SACA, and Kody's Closet to accept donations of new clothes, personal care, hygiene items, and canned and non - perishable foods for children in our community. A donation of $10 for an individual and $20 for a family will include hot dogs, chips, soda or water. There will be Police and Fire Department demonstrations, live music, a silent auction, and "fun" raising. Donations will be accepted before the event at SACA Food Shelf at 627 38tb Avenue and at the Public Safety Center, 825 41St Avenue. Financial donations are accepted at PayPal.com or Razoo.com. 7. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS The Mayor read the Proclamation that April 2014 is National Donate Life Month. A Mayor in Minnesota was a recipient of a donated organ from one of his relatives, and he asked mayors from the state to join in this proclamation. The Mayor stated that over 3,000 people in Minnesota are waiting for organ and tissue donations, and he asked that Columbia Heights residents take time in April to consider becoming an organ donor in order to help others continue to celebrate life. 8. 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.) Councilmember Nawrocki asked that items C through K under the consent agenda be removed for further discussion. -1 Acting City Manager, Linda Magee, went through the remaining consent agenda items: A. Approve Minutes of the City Council - Council Meeting of March 10, 2014 - Public Hearings of March 3, 2014 (Alley and State Aid Streets) B. Accept Board and Commission Meeting Minutes - Library Board — meeting of February 5, 2014 - Charter Commission — meeting of January 16, 2014 L. Approve Attached List of Rental Housing Licenses M. Approve Business License Applications N. Payment of Bills MOTION by Councilmember Williams, seconded by Councilmember Schmitt, to approve the above items on the Consent Agenda. The following items that were removed from the consent agenda were then discussed: A. Award of Professional Engineering Services for the Chatham Road Sanitary Sewer Lift Station, Municipal Project No. 1214 Kevin Hansen, Public Works Director, explained RFP details (which were enclosed in the council packet), and that three proposals received were very close in price. They chose the second proposal. Motion by Councilmember Williams, seconded by Councilmember Schmitt, to award the Chatham Road Sanitary Sewer Lift Station Improvements, Municipal Project No. 1214, to the consulting engineering firm of BDM -MSA based upon their qualified, responsible proposal for a cost not -to- exceed $62,142 appropriated from Fund 652 -51214 -3050. Roll call vote: All ayes. Motion passed unanimously. B. Approve Emerald Ash Borer Management Plan (EABMP) Kevin Hansen, Public Works Director, explained the removal, trimming, and replanting plan. Columbia Heights is within three miles of where the Emerald Ash Borers have been detected. A five -year removal plan was created, and 400 trees are expected to be treated, and a replanting of ash and other trees is planned. Councilmember Nawrocki asked how will we enforce this plan on private properties? Mr. Hansen explained that we can enforce through state statutes and our current ordinance which allows 30 -60 days to remove. He emphasized that we did not inventory private trees, only public trees. Motion by Councilmember Schmitt, seconded by Councilmember Williams, to approve the Emerald Ash Borer Management Plan (EABMP) and authorize staff to obtain informal quotes for 2014 ash tree treatments. Roll call vote: All ayes. Motion passed unanimously. C. Approve Change Order No. 1 for 2013 Concrete Street Rehabilitation, Project No. 1302 Kevin Hansen, Public Works Director, explained that for this project, a large amount of cracking was found which lead to a full depth repair for an additional $50,000; additional subcutting was needed; and the catch basin size had to be reduced by three inches in the Innsbruck project. Councilmember Nawrocki asked who was going to pay for these changes. Mr. Hansen stated $61,000 will come from the construction fund; the remaining balance for the $68,000 change order will come from the utilities fund and will NOT affect assessments. Motion by Councilmember Williams, seconded by Councilmember Schmitt, to authorize Contract Change Order No. ]for City Project No. 1302 to Interstate Improvement, Inc. of -2- Faribault, Minnesota in the amount of $68, 883.06 for a new contract amount of $770,242.56. Motion passed unanimously. D. Authorize Final Payment for Commercial Water Meter Program, Project 1309 Kevin Hansen, Public Works Director, reviewed the item and Councilmember Nawrocki asked if this was related only to our commercial water meter program, to which Mr. Hansen replied yes. Motion by Councilmember Schmitt, seconded by Councilmember Williams, to accept the work for Commercial Water Meter Replacement Program, City Project No. 1309, and authorize final payment of $17,714. 00 to Ferguson Waterworks, Inc. of Blaine, Minnesota. Motion passed unanimously. E. Approve Final Compensating Change Order and Authorize Final Payment for Miscellaneous Concrete Project No. 1300 Kevin Hansen, Public Works Director, reviewed the information approving this final payment for miscellaneous concrete work. Councilmember Nawrocki stated we tripled our original bid. Mr. Hansen explained that we use unit pricing and sometimes use contractors for unexpected projects that they can complete while doing another job in the city. Motion by Councilmember Williams, seconded by Councilmember Schmitt, to approve the final compensating change order and accept the work for 2013 Miscellaneous Concrete Repairs and Installations, City Project No. 1300, and authorize final payment of $2,048.94 to Ron Kassa Construction, Inc. of Elko, Minnesota. Motion passed unanimously. F. 2014 Agreement for Residential Recycling Program with Anoka County (Annual Score Grant Councilmember Nawrocki asked what are the benefits of this grant. Kevin Hansen, Public Works Director, stated that it is a two part program and we expect to receive at least $50,000 and possibly $35,000 to encourage more recycling within the city. There are five options: get more information on recycling out to residents, apartments, etc; become more involved with electronic recycling; encourage organize recycling; and do surveys on our website and in the newsletters. Councilmember Schmitt stated organic recycling is great, and schools do electronic recycling and maybe they could put a video together on this subject. Motion by Councilmember Schmitt, seconded by Councilmember Williams, to authorize the Mayor and City Manager to execute the annual SCORE Agreement for Residential Recycling Program with Anoka County to provide cooperation between the City and the County in the implementation of the Residential Recycling Program and with funding available up to $85,006 as reimbursement for eligible expenses. Motion passed unanimously. G. Adopt Resolution 2014 -17 Approving Plans and Specifications and Ordering Advertisement for Bids for 2014 Concrete Alley Construction Councilmember Nawrocki stated he opposes this item. He has looked at the areas involved, and does not think all areas need repair /replacement. Kevin Hansen, Public Works Director, stated this involves three concrete alley replacements and storm sewer improvements. Marty Terveer from 4210 Quincy Street asked what the costs will be to owners, as he has received conflicting information. Mr. Hansen stated the proposed costs are $2,400 /unit (single family and duplexes), and a different amount for businesses. Mr. Terveer stated he rents his home out; he does not live there. Mr. Hansen stated that 45% of the costs will be 9 -3- assessed and 55% will be paid by the city. He encouraged Mr. Terveer to come into his office so they can confirm the proposed cost. Motion by Councilmember Williams, seconded by Councilmember Schmitt, to waive the reading of the Resolution 2014 -17, there being ample copies available to the public. Motion passed unanimously. Motion by Councilmember Williams, seconded by Councilmember Schmitt, to adopt Resolution 2014 -17, approving Plans and Specifications and Ordering Advertisement for Bids for 2014 Concrete Alley Construction, City Project Number 1402. Roll call vote: Ayes: Schmitt, Williams, Peterson; Nay: Nawrocki. Motion passed. H. Adopt Resolution 2014 -18 Approving Plans and Specifications and Ordering Advertisement for Bids for 2014 State Aid Street Rehabilitation Councilmember Nawrocki stated he opposes this item assessing people who live along State Aid Streets, Councilmember Williams stated that 44d' Avenue really needs mill and overlay. Motion by Councilmember Schmitt, seconded by Councilmember Williams, to waive the reading of Resolution 2014 -18, there being ample copies available to the public. Motion by Councilmember Schmitt, seconded by Councilmember Williams to adopt Resolution 2014 -18 approving Plans and Specifications and ordering Advertisement for Bids for 2014 State Aid Street Rehabilitation, City Project Number 1405. Roll call vote: Ayes: Schmitt, Williams, Peterson; Nay: Nawrocki. Motion passed. I. Adopt Resolution 2014 -19 Declaring the Intent to Bond for the Alley Rehabilitation Program Project 1402 and For State Aid Street Rehabilitation, Project No. 1405 Councilmember Nawrocki asked how much bonding are we planning to do. Kevin Hansen, Public Works Director, stated $100,000 maximum for the State Aid Streets project and $275,000 for the Alley Project. Motion by Councilmember Williams, seconded by Councilmember Schmitt, to waive the reading of Resolution 2014 -19, there being ample copies available to the public. Motion passed unanimously. Motion by Councilmember Williams, seconded by Councilmember Schmitt, to adopt Resolution 2014 -19, being a resolution approving the declaration for the official intent of the City of Columbia Heights to bond for the Concrete Alley Construction Program, Project 1402, and for State Aid Street Rehabilitation Program, Project No. 1405. Roll call vote: Ayes: Schmitt, Williams, Peterson; Nay: Nawrocki. Motion passed. 9. PUBLIC HEARINGS A. Adopt Resolution Numbers 2014 -15 (4927 University Avenue NE) and 2014 -16 (4935 University Avenue NE), being Resolutions of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental licenses. The Mayor opened the floor for discussion of revocation of the rental licenses at 4927 University Avenue NE and 4935 University Avenue NE at approximately 8:03 p.m. Jim Hoeft, City Attorney, advised the City Council that the city was served a lawsuit today on the properties 10 -4- being discussed tonight. We will still hold the Public Hearing, and the Council can act on the revocation tonight if they so wish. Police Chief Scott Nadeau presented information regarding calls for service the Police Department has received from 2009 to present on the 4927 University Avenue and the 4935 University Avenue properties (which are 11 unit properties), as well as the properties owned by Azamko Properties at 4616 Tyler Avenue and 4622 Tyler Avenue (which are seven unit properties). Chief Nadeau advised that there have been two mitigation plans: one in 2009 and one in 2010. A total of 22 meetings have been held with Azamko Properties (5 in 2009; 7 in 2010; 3 in 2011; 2 in 2012; and 5 in 2013) to resolve nuisance calls and conduct on licensed premises. At this time, Captain Lenny Austin, presented information via PowerPoint. This presentation covered both the University Avenue properties and the Tyler Street NE properties. There were property comparisons including percent of reports for each property and percent of Part I crimes compared to other properties in the city of like - numbered units. Captain Austin went over the Nuisance Calls for Service Ordinance which imposes a service fee after two violations within one year on property owners where police have to respond due to certain nuisance - oriented events. Captain Austin also explained the Conduct on Licensed Premises Ordinance which has a three strike provision that forces an end to tenants involved in nuisance and disorderly behavior. This could involve loud music, disturbances, drugs, and crimes. Higher level offenses such as felony narcotics violations or felony crimes require the landlord to terminate the tenancy of the renter on the first violation. In summary, police reports are twice as much as normal, and activities are three to even four times more than normal. Fire Chief Gary Gorman then spoke about the inspections the Fire Department does on apartments. He stated that normally for a rental unit, there is the annual inspection, and there may be one or two minor items that needed a follow -up inspection. Regarding the referenced addresses on University Avenue and Tyler Street, inspection activities account for 25% of all inspections done in the city, as they are called back many more times due to complaints, etc. Police Chief Nadeau then advised the City Council that there are three possible options: 1. Renew the rental licenses 2. Not renew the rental licenses 3. Approve conditional licenses with an increased fee and criteria that they attain no more than an average call for service level Councilmember Nawrocki asked what the Police Chief's recommendation was. Chief Nadeau stated that he has big concerns for the safety of the residents. There have been numerous calls to his department, and he does not have a lot of confidence that items will be corrected and suggests revoking the rental licenses. The Fire Chief stated he also agrees. A lot of staff time has gone into getting these apartments in compliance, and there is no significant change regarding his department's involvement with these properties and suggests revoking the rental licenses. Councilmember Nawrocki asked the City Attorney regarding the lawsuit filed and what it entails. City Attorney, Jim Hoeft, advised that there are a number of allegations which covers all properties Azamko Properties have in our city. One allegation is discrimination against Native Indians and other protected class residents, and that we treat them differently. Another is that we have entered their properties without proper notice. Councilmember Nawrocki asked the City Attorney what his recommendation was regarding these properties, and what will happen next. The City Attorney advised that if the licenses are 11 -5- revoked, they cannot rent to new residents. Tenants have a month to month lease. If the licenses are revoked, the buildings will be posted on April 1St, with a 45 day notice to vacate. If postings are removed, they will be reposted that it is illegal to live there. The City Attorney stated that this case has been appealed in the State District Court and may end up in the Federal District Court. First a scheduling conference needs to be held, and arbitration and remediation made be scheduled. There will be no trial this year. Councilmember Nawrocki wanted to know what kind of assistance can be provided to the tenants in finding new housing, etc. There are sources of assistance available such as Judicare, Legal Aid Assistance, etc. The Fire and Police Department will work with residents to provide phone numbers, etc. The Mayor asked if there was anyone in the audience who wished to speak at this Public Hearing. Aleena Anderson from 4935 University Avenue stated she lives there with her two children and is disturbed she may have to move again. This is the first time she heard about this. Why wasn't she told when she started renting? It was explained to Aleena that all tenants were provided notice of the public hearing 30 days prior to tonight. Chief Nadeau stated we have tried to work with the building owner several times to make his buildings more safe. It was stated there are housing advocates from both Anoka and Hennepin Counties who will work with tenants regarding their rights and actions that can be taken against the property owner. Jackie Black from 4935 University Avenue was surprised to learn of a different owner. Chesire Properties in Blaine is no listed in the phone book and there is no contact phone number to reach them. It was explained that the subject properties have been put into a corporate name, but Mr. Azam still owns the property. The City Attorney stated that the Fire Department has the license number, name, and phone number of the corporate property owner. Michael Kemp, 550 Laurel Avenue, St. Paul, counselor for Azamko Properties, then spoke. He explained that the ownership of the property was changed so they could hire professional property managers. The corporation is attempting to sell these properties. So both the city and the property owner have taken action. Regarding all the statistics presented tonight, what do they mean? What are the violations? The Police Chief says they have many good tenants, and there have also been efforts by Mr. Azam to work with the city. These properties have been licensed for the last ten years as complying with our codes and ordinances. Violations have been corrected. Regarding nuisance calls, MN Statutes 504.205, prevents eviction because people have had to call the Police. Mr. Azam works with a number of charitable organizations to place people at risk (i.e., Battered Women) or who are homeless in housing. He has tried to get rid of problem renters. The corporation will try to get rid of problem renters. If the city decides to grant a one year license, renters can still live there until the properties are sold. If the properties are sold, and Mr. Azam has no further interest in the properties, the city would issue a new license to the new owner. Motion by Councilmember Nawrocki, seconded by Councilmember Williams, to close the public hearing and to waive the reading of Resolution Number 2014 -15, there being ample copies available to the public. Motion passed unanimously. Motion by Councilmember Nawrocki, seconded by Councilmember Schmitt, to adopt Resolution 2014 -15, being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(a) of the rental license. Motion passed unanimously. 12 -6- Motion by Councilmember Nawrocki, seconded by Councilmember Schmitt, to waive the reading of Resolution Number 2014 -16, there being ample copies available to the public. Motion by Councilmember Nawrocki, seconded by Councilmember Schmitt, to adopt Resolution Number 2014 -16, being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license. Motion passed unanimously. 10. FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations C. New Business and Reports Councilmember Nawrocki stated that it appears that the business (Urban Shesha) at 332 40th Avenue NE have closed their doors. There was going to be a public hearing scheduled for next month on this property. Supposedly the business voluntarily gave up their business license. Chief Nadeau stated a letter had been sent to the business owner, but there had been no response received back from the owner. There was a notice on the business door on Friday which stated they are closed until further notice. Councilmember Nawrocki asked about the water utility lines that have been freezing up and if the city is doing anything to help these people instead of the city saying we have no responsibility to help them. Someone on 37th has not had any water since February. The City Attorney stated we have no responsibility at this time for the lines from the house to the main. Councilmember Nawrocki asked if we could do something with the League like we did with clogged sewer lines, and asked for further discussion on this subject on the council level at a future work session. 11. ADMINISTRATIVE REPORTS Report of the City Manager: Linda Magee, Acting City Manager, went over the April 2014 meeting calendar and items for the work session of April 7, 2014. These items will include: • Extension of our refuse contract (Veolia was bought out by Advanced Disposal and the contract is for five years initially, with the option for a three year extension); • Process to become a Step 2 Greenstep City; and • Discussion on frozen water service lines. Report of the City Attorney: Nothing further to report. 12. 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. At this time, resident Gary McCann from 940 39th Avenue NE, Apartment 10 addressed the council about the bad roof problem at his apartment. There is black mold in the ceiling, and nothing is being done. He is getting sick from the mold issue, and can't get any return calls. Fire Chief Gary Gorman stated that his department's inspectors were at the apartment building the morning he called. The roof is leaking and must be replaced, and sheetrock also needs to be replaced. The owner will need to get a roof permit. The Fire Chief can check on the status of the permit. Mr. McCann asked 13 -7- if testing could be done, and if there was something to kill the mold until the roof and sheetrock is replaced. Mr. McCann advised the Fire Chief he will come in to the Fire Department tomorrow. 13. ADJOURNMENT The Mayor reminded us to remember our service men and service women, to not take ourselves too seriously, and to do a random act of kindness. The meeting adjourned at 9:22 P.M. Respectfully submitted, Carole J. Blowers, Secretary Pro Tem RESOLUTION 2014 -15 BEING A RESOLUTION OF THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO CITY CODE, CHAPTER 5A, ARTICLE IV, SECTION 5A.408(A) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY CHESIRE PROPERTIES, LLC (HEREINAFTER "LICENSE HOLDER") Whereas, license holder is the legal owner of the real property located at 4927 University Avenue NE, Columbia Heights, Minnesota. Whereas, pursuant to City Code, Chapter 5A, written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on February 24, 2014 of a public hearing to be held on March 24, 2014. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT The attached Exhibit A outlines the disproportionate number of police calls, criminal activity and housing code violations associated with 4927 University Avenue NE. 2. Over the last several years, both the Columbia Heights Police Department and Columbia Heights Fire Department have worked extensively with the License Holder in an attempt to bring these issues down to a level that is similar to other rental properties of similar size in the City. 3. The disproportionate number of police calls, criminal activity and housing code violations have persisted at an unacceptable level. 4. That all parties, including the License Holder and any occupants or tenants, have been given notice of this hearing according to the provisions of the City Code. M ORDER OF COUNCIL That pursuant to the provisions of Chapter 5A of the City of Columbia Heights City Code, the rental license for the property identified at 4927 University Avenue NE, license number F12254A, is hereby revoked. 2. The City will post, for the purpose of preventing occupancy, a copy of this order on said building. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this order. RESOLUTION 2014 -16, BEING A RESOLUTION OF THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO CITY CODE, CHAPTER 5A, ARTICLE IV, SECTION 5A.408(A) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY CHESIRE PROPERTIES, LLC (HEREINAFTER "LICENSE HOLDER ") Whereas, license holder is the legal owner of the real property located at 4935 University Avenue NE, Columbia Heights, Minnesota. Whereas, pursuant to City Code, Chapter 5A, written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on February 24, 2014 of a public hearing to be held on March 24, 2014. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. The attached Exhibit A outlines the disproportionate number of police calls, criminal activity and housing code violations associated with 4935 University Avenue NE. 2. Over the last several years, both the Columbia Heights Police Department and Columbia Heights Fire Department have worked extensively with the License Holder in an attempt to bring these issues down to a level that is similar to other rental properties of similar size in the City. 3. The disproportionate number of police calls, criminal activity and housing code violations have persisted at an unacceptable level. 4. That all parties, including the License Holder and any occupants or tenants, have been given notice of this hearing according to the provisions of the City Code. ORDER OF COUNCIL 15 -9- That pursuant to the provisions of Chapter 5A of the City of Columbia Heights City Code, the rental license for the property identified at 4935 University Avenue NE, license number F12254, is hereby revoked. 2. The City will post, for the purpose of preventing occupancy, a copy of this order on said building. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this order. RESOLUTION 2014 -17 BEING A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR 2014 CONCRETE ALLEY CONSTRUCTION, CITY PROJECT NUMBER 1402 WHEREAS, pursuant to a resolution passed by the Council on March 3, 2014, the City Engineer has prepared plans and specifications for Concrete Alley Construction for the following alleys: Van Buren Street to Central Avenue, 39th Avenue to 40th Avenue Van Buren Street to Central Avenue, 42nd Avenue to 43rd Avenue Monroe Street to Quincy Street, 42nd Avenue to 43rd Avenue, and NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA 1. Such plans and specifications identified as 2014 Concrete Alley Construction, City Project Number 1402 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 Wednesday, April 23, 2014 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 28, 2014 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. RESOLUTION 2014 -18 BEING A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR 2014 STATE AID STREET REHABILITATION, CITY PROJECT NUMBER 1405 WHEREAS, pursuant to a resolution passed by the Council on March 3, 2014, the City Engineer has prepared plans and specifications for State Aid Street Rehabilitation for the following state aid streets: 1016 I . Stinson Boulevard, Fairway Drive to 325' north of North Upland Crest (concrete street) 2. 39th Avenue, Central Avenue to Reservoir Boulevard 3. 38th Avenue, Main Street to 3rd Street NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA 1. Such plans and specifications identified as 2014 State Aid Street Rehabilitation, City Project Number 1405 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 22, 2014 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 28, 2014 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. RESOLUTION 2014 -19 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 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. 1402 consisting of Concrete Alley Construction 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 $275,000. 2. The City reasonably intends to make expenditures for Project No. 1405 consisting of State Aid 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 $100,000. 3. 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. 17 - 11 City of Columbia Heights Park and Recreation Commission October 23, 2013 Eileen Evans called the meeting to order at 5:30 p.m. ROLL CALL Members present: Eileen Evans; Sean Clerkin; Tom Greenhalgh; Stan Hoium; Kevin McDonald; David Payne; Marsha Stroik Staff Present: Kevin Hansen, Public Works Director; Keith Windschiti, Recreation Director; Deanna Saefke, Secretary Also Present: Tom Sullivan; Tom Lahoud; Jack Lahoud APPROVAL CONSENT AGENDA Stroik asked what the line item on the bills if for regarding credit card fees. Saefke replied the item is a regular fee to be able to process credit card transactions. Motion by Hoium, second by Clerkin, to approve the consent agenda including minutes from August 28, 2013. Upon vote: All ayes. Motion Carried. LETTERS AND REQUESTS Evans asked if all three requests could be taken for consideration in one vote. Windschitl replied yes and reviewed each request. A. Request for an open bar on Sunday, November 3, 2013 using for a wedding reception with bar services provided by Famous Dave's Restaurant. Windschitl indicated the liquor license and copy of insurance from Famous Dave's has been received. The guest count is approximately 250. B. Request for an open bar on January 25, 2014 for a wedding reception. Windschitl identified this request is to have an open bar serving beer and wine using bartenders approved by staff. These bartenders are also trained Lions Club bartenders. C. Request for an open bar on September 27, 2014 for a wedding reception. Windschitl specified this request for an open bar would like to use bartenders from the Minnesota School of Bartending for their reception of just under 200 guests. Payne indicated concern with using people from the Minnesota School of Bartending and knowing their experience. Motion by Clerkin, second by Greenhalgh, to approve all of the open bar requests. Making a change to the September 27, 2014 request requiring the use of staff approved bartenders instead of the MN School of Bartending.. Upon vote: All ayes. Motion Carried. D. Memorial request for Dominick (Dom) Hebzynski. Community member Tom Lahoud gave a history of his family while living in Columbia Heights and of his experiences with Dom Hebzynski. He mentioned stories of Hebzynski and the emails from other past and present community members in favor of a memorial. Evans asked what their group would like to see for a memorial and how it would be funded because the city does not have a budget for memorials. Lahoud gave a handout of the proposed masonry brick or stone, four foot by four foot memorial with a name plate. They would like to see the memorial on the top of the hill across from City Hall at Huset Park. He estimated costs at $352 for concrete, $210 18 Park & Recreation Commission October 23, 2013 Page 2 brick or $240 stone, $350 bronze name place, for a total cost of materials at $1,020. Labor would average to approximately $640. Lahoud indicated a fundraiser has begun with $500 raised so far. He mentioned labor costs could be reduced by volunteers. McDonald asked if Lahoud had approached the City Council. Lahoud replied that he spoke with Mayor Peterson and the council secretary on how to approach the request. He asked if the Commission felt that Hebzynski was worthy of a memorial. Most Commission Members did not know if Hebzynski until this request. Windschitl specified talking with Dick Petkoff who was a former Commission Member and knew Hebzynski well. Windschitl stated that past memorials have included the placement of park benches with name plates and shelter dedications with plaques. He indicated that the City Council and City Manager are aware of the requested memorial but ask that the Park & Recreation Commission review the request and make a recommendation. It is not a situation that Hebzynski does not deserve a memorial but it is a matter of what type of memorial is done, where the funding is coming from, and where it will be placed. Stroik suggested that if the splash pad water feature in Huset Park is still an option it would be a much nicer memorial to dedicate that in his name rather than just a name plaque. Lahoud indicated that after three decades of work and volunteerism Hebzynski is more deserving of a memorial bigger than a bench or plaque. Evans stated the Commission will need to review and discuss the request before making a recommendation. Hoium shared a story being Hebzynski's neighbor. Tom Sullivan voiced wanting to make this process go well, raise money, and work with the City. Stroik asked for patience from the group while the Commission reviews the request. Lahoud shared that with regards to fundraising efforts it is getting harder to find people who knew Hebzynski and might need the City to contribute. Evans thanked the three men for attending the meeting. Discussion continued by the Commission on the request. Concerns were mentioned with the placement of a larger memorial on top of the hill at Huset Park and having to maneuver mowing equipment around it. Items like this need to be placed within a landscaped area. Hebzynski did much of the work for the community as a city staff member and other hours of volunteer service. Hansen indicated the City Council directed this request to the Commission with some discussion being in favor of a bench or a plaque. Commission Members suggested benches at LaBelle Park, replacement around Huset Park overlooking the ball fields, or at the Legacy Garden. Hansen indicated that benches cost approximately $800. Motion by Hoium, second by McDonald, to consider two benches in Huset Park and look into the possibility of coast sharing, or if they want to elaborate more with a plaque. Upon vote: All ayes. Motion Carried. OLD BUSINESS A. Update on Sullivan Park trail smoking. Windschitl reported speaking with the Operation Supervisor from Medtronic regarding smoking near the walking trail at Sullivan Park. Medtronic's policy is no smoking on their property. This policy will not change and they cannot tell employees what to do on other property or their own time. Windschitl indicated the bench near that area was donated by Medtronic. McDonald stated leaving the current park policies alone. Hoium replied that it is difficult to change current policies for one person complaining. Windschitl stated that a sign for no smoking could be placed in the area, but there would be no City reinforcement or regulation. Hoium indicated the park is an open area. Stroik suggested telling the resident to work the issue out with Medtronic. Payne agreed with Hoium. Evans stated a sign that cannot be enforced is not needed. Greenhalgh agreed with Hoium and Evans. Clerkin indicated that the Commission has done things to prevent smoking in youth areas of the parks. 19 Park & Recreation Commission October 23, 2013 Page 3 Motion by Payne, second by McDonald, to reply to the resident that the concern has been addressed and discussed; no further action will be taken. Upon vote: All ayes. Motion Carried. NEW BUSINESS A. Rental rates of John P. Murzyn Hall for 2015. Stroik asked on the policy for receiving discounts. Windschitl replied that only one discount is applicable; you cannot receive a resident discount and partial time discount. Also a two hour rental time discount is not available on a Saturday for the main hall package. Windschitl specified the last rate increase was for 2011 rates but in the current economy does not feel that an increase is warranted. He has compared rental numbers between the previous two years and the amount of rentals is similar. Evans asked if other nearby facilities such as Silverwood Park require the use of specific caterers. Stroik replied yes Silverwood Park requires the use of specified caterers. Windschitl specified that allowing renters to bring in any outside catering is a big attraction at Murzyn Hall. Hoium asked if a county license is required for caterers. Windschitl replied if food is prepared at another facility nothing is required, if cooking is done in our facility a catering license and insurance listing the City of Columbia Heights as additional insured is required. Motion by Hoium, second by Payne, to approve the rental rates of John P. Murzyn Hall for 2015 with no increase in rental fees. Upon vote: All ayes. Motion Carried. B. Rental rates for city parks in 2014. Evans asked if the fee is kept for the use of the parks. Windschitl replied yes. The key deposit of $100 is returned back to the renter of the park after they return the key for the restrooms or electricity in the shelters. Hoium asked about the alcohol policy within the parks. Windschitl replied that a beer permit can be filled out. Windschitl stated the rental rate for residents of Columbia Heights will increase by ten dollars. Staff felt no need to increase the rental rate for non- residents because that rental rate is not requested very often. The large group fee for corporate groups will not increase. Hoium asked if the shelter, indoor restrooms, building, water, and electricity are included in the rental. Windschitl replied yes whatever is available at each park. He specified the amount of rentals in 2012 were 127 and in 2013 were about 100. Evans asked at Silver Lake Beach shelter is the electricity is looked because the cover is ripped off. Does staff check the parks after rentals because the picnic table has been burned on the top. Hansen replied staff goes out for a cleanup and trash pickup if there is back to back rentals otherwise the pickup is done typically on Mondays. Evans asked if renters are charged for damages. Windschitl replied if the damage can be proven to a particular group, but that is almost impossible to prove because the parks are open to the public at all other times. Motion by Clerkin, second by Hoium, to approve the rental rates for city parks in 2014. Upon vote: All ayes. Motion Carried. C. Rental rates for event wagon in 2014. Windschitl stated the VFW donated the original event wagon and it contains, 8 foot tables, folding chairs, hand me down yard game or outdoor items. Two staff people drop off the wagon at the renter's location and pick it back up after the rental with the city van. He indicated the proposed rental fee is a ten dollar increase from 2013. Hoium replied that is a very reasonable fee for the usage, including delivery and pickup. He suggested even a slightly larger increase and offering a discounted rate for community groups, because a thirty -five dollar fee is not covering 20 Park & Recreation Commission October 23, 2013 Page 4 gas or staff rates. Windschitl replied when the fee was originated the felling of the Commission was to only offer one rate with no further discounts no matter what group was using the wagon. Motion by McDonald, second by Payne, to approve the rental rates for the event wagon in 2014. Upon vote: All ayes. Motion Carried. REPORTS A. Recreation Director Windschitl had nothing further to report. B. Public Works Director /City Engineer Hansen indicated the city council has authorized Staff to obtain pricing for a splash pad water feature. The LaBelle Park playground is completed and has received positive feedback. The MWMO watershed is paying for two small water quality ponds near the parking lot. Hansen identified after being turned down from outside funding sources the removal of the boardwalk will be bonded. The shoreline restoration and boardwalk removal will be done in 2014 with the possibility of adding in some of the master plan park improvements. Hansen reminded the Commission of the 2013 Hockey Day at Keyes Park. Spatially it was a good location, but the hockey rink was in poor condition. One idea for improvement was to overlay and level out the surface but after completing a survey of the area, the only way to properly fix the rink will be to rebuild the field. The whole rink would be pulled out; the boards repainted, and put in a sod field for proper depth of ice. Evans asked if there are still issues at Ramsdell Park with people bringing dogs in the area. Hansen responded no, the problem was terrible field quality in poor soil and compacted fields due to construction. Aerating and top dressing have been done but there is still an issue with irrigation in the field where there was improper design. This work will continue in 2014. Windschitl asked if the hockey day could be held at McKenna Park. Hansen replied that should be discussed with the organizing group. C. Commission Members Clerkin indicated the Lions Club is interested in holding a wrestling event He stated the boxing event did not happen in September due to teams backing out at the last minute. The rescheduled boxing event will be November 23. The professional wrestling event will be Friday, December 13. The club understands staffs concerns regarding the floor and will have the group in charge of the ring to communicate with Windschitl. Hoium asked if having an ATM machine at the hall has ever been considered. Windschitl responded the idea has come up in the past and will look into it. Clerkin indicated there are options to either own the machine or have an outside company maintain the machine and give a kickback from the service fees. Evans adjourned the meeting at 6:50 p.m. Deanna Saefke, Recreation Clerk Typist II 1041 COLUMBIA HEIGHTS PUBLIC LIBRARY APPROVED BOARD OF TRUSTEES 4/2/2014 MINUTES March 5, 2014 The meeting was called to order by Chair Patricia Sowada, at 6:32 p.m. Members present were: Nancy Hoium, Steve Smith, Patricia Sowada, Barbara Tantanella, Catherine Vesley and Council Representative Tami Diehm. Also present: Library Director Renee Dougherty and Recording Secretary Stacey R. Hendren. The minutes of the February 5, 2014, Board meeting were approved as mailed. The bill list dated 2/12/14 of 2014 bills was reviewed. It was moved, seconded, and passed that the bills be paid. The bill list dated 2/26/14 of 2014 bills was reviewed. It was moved, seconded, and passed that the bills be paid. The 2014 accounting dated 3/5/14 was reviewed. Old Business: 1. The Board discussed a preliminary draft of maintenance issues in the current facility needing attention in the next 3 -5 years. Dougherty informed the Board of items that had been identified by library staff and the Task Force. Smith and Dougherty will obtain estimated costs for the listed items. The Board emphasized that building a new library was preferred. The Library Board was notified that a year has passed since the Task Force recommendation to the City Council and the Task Force will reconvene for an update. The Board discussed the public safety location, the Mady's location and the Huset Park location. 2. Library staff viewed a demonstration from Mid - America Business Systems of a microfilm viewer /printer. Dougherty will gather bids for the replacement of the current machine. New Business: 1. Dougherty handed out copies of the 2013 Library Annual Report- City Version. Dougherty noted the decrease in total visitors and the increase in cardholders and reference questions. Members were reminded that the Library Foundation was created as an entity able to accept bequests and large donations. 2. Members received the updated crossover statistics and noted the large increase in circulation from December (7,393) to January (8,561). 3. The Board received 3 articles from the Star Tribune on recent library usage. 4. The Board was informed that the Northtown Library will be closed from March 17th until June. The library will be undergoing renovation including the addition of a drive -up book drop, handicap restrooms, small study rooms and an expanded children's section. 221-3/5/14 As an initiative to prevent crime at the library, the police department provided the library with bike locks that will be available for checkout. A sign promoting the locks and the partnership will be posted in the spring. 6. In response to the Library Task Force survey, which indicated patrons would like more comfortable seating areas, library staff rearranged furniture and shelving in the adult reading room. Library staff has received several positive comments from patrons. Additionally, the quartos have been interfled with the regular non - fiction, and reference materials were moved into the quarto shelving. There being no further business, the meeting was adjourned at 7:27 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. 232-3/5/14 PUBLIC ART COMMISSION MINUTES OF THE MEETING APRIL 1, 2014 6:00 PM The meeting was called to order at 6:00 pm by Chair Keith Roberts. Commission Members present- Gretchen Nelson, Catherine Vesley, Carrie Magnuson, Erin Rominger, and Keith Roberts. Commission Members absent - Rita Nau Also present was Robert Gunderson: Computer Tech, Graphic Artist, Digital Entertainment and Game Designer. 1326 Circle Terrace Blvd NE, Columbia Heights. Rob ertGunders on23 &yahoo. coin Mr. Gunderson would like to serve the Commission as a Tech Advisor. Discussion of the Mission Statement ensued and the final draft unanimously approved by the Commission members in attendance reads as follows: "Columbia Heights Public Art Commission encourages and promotes the Arts to enrich the lives of our citizens and visitors to our community." Suggestions for the Agenda of our May meeting were made and members volunteered to complete certain tasks in preparation of that meeting. Gretchen will contact Liz Bray to determine what action needs to be taken to schedule our subsequent meetings in the Keyes Room of Murzyn Hall, on the first Tuesday of each month at 6:00 pm. Catherine will photograph some of Columbia Heights current works of Public Art for education of Commission members and future use possibly on the website. Carrie will contact colleagues who may be able to help identify artists for the Columbia Heights Directory of Local Artists. The meeting was adjourned at 6:50 pm Respectfully submitted, Erin Rominger 24 CITY COUNCIL LETTER Meeting of: April 14, 2014 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER'S NO: CITY MANAGER'S APPROVAL ITEM: BOARD /COMMISSION REAPPOINTMENTS BY: WALTER R. FEHST BY: NO: DATE: 4 -10 -14 DATE: The following Board and Commission terms expire in April. Requests for reappointment have been received from all those listed below. Board or Commission Library Board Park & Recreation Commission Planning & Zoning Commission Traffic Commission RECOMMENDED MOTION: Move to reappoint: Name Steve Smith David Payne Kevin McDonald Rob Fiorendino Ed Carlson - Steve Smith to a three year term on the Library Board - David Payne and Kevin McDonald to a two year term on the Park and Recreation Commission - Rob Fiorendino to a four year term on the Planning and Zoning Commission, and - Ed Carlson to a four year term on the Traffic Commission. COUNCIL ACTION: 25 CITY COUNCIL LETTER AGENDA SECTION: CONSENT NO: ITEM: AUTHORIZATION TO SEEK BIDS FOR 2014 MISCELLANEOUS UTILITY REPAIRS Meeting of: April 14, 2014 ORIGINATING DEPARTMENT: PUBLIC WORKS BY: K. Hansen DATE: 4/8/14 CITY MANAGER BY: DATE: Annually, Public Works staff cleans and inspects portions of the sanitary and storm sewer system, including pipe and structures. Through underground televising, staff has determined that the locations identified below will need pipe segments replaced. In these areas the pipe has lost shape, pipe segments are missing or the pipe has settled significantly which decreased pipe capacity. The condition of structures is determined through visual inspections. In addition, the operation of hydrants and water main valves is evaluated during the annual flushing program and while isolating water main break locations. The hydrants and valves listed below require replacement. 1. 44 '/z Avenue and Buchanan Street (storm and water main) 2. Main Street at 39th Avenue (storm) 3. 51St and University Avenues, 52nd and Central Avenues, 53`d and Central Avenues (hydrants) 4. 46th Avenue east of Central Avenue, 45th Avenue and Tyler Street, 40th Avenue and Main Street (gate valves) Recommended Motion: Move to authorize staff to seek bids for the 2014 Miscellaneous Utility Repair project. COUNCIL ACTION: 26 CITY COUNCIL LETTER AGENDA SECTION: CONSENT NO: ITEM: APPROVE FINAL COMPENSATING CHANGE ORDER AND FINAL PAYMENT FOR 2012 STREET REHABILITATION, ZONE 7, PROJECT NO. 1202 Meeting of: April 14, 2014 ORIGINATING DEPARTMENT: PUBLIC WORKS BY: K. Hansen DATE: 4/8/2014 CITY MANAGER BY:' DATE: Background: The contractor has completed the 2012 Street Rehabilitation project in Zone 7. The work consisted of street mill and overlay with related utility construction/replacement. Council also accepted alternates for storm water improvements to the MSC yard to meet new permit requirements. In addition, Council directed projects were added, such as Heights Liquor parking lot, alley between Jackson and Van Buren Streets and north of 401h Avenue, 40th Avenue and Van Buren Street parking lot, and MSC Recycling Center. All contract work and warranty work have been completed. Analysis /Conclusions: The final compensating change order, attached, modifies the contract to include quantities in addition to the original contract due to ordered work, field changes and unknown conditions. Additions to the contract modified quantities using the contract bid prices for each work item or negotiated amounts based on the contractor's time and needed materials. The work is detailed on the change order and summarized as follows: Bituminous patch special, bituminous wear and non -wear course, concrete curb and gutter, water main and hydrant fittings, sanitary and storm service work. Staff recommends approval of the compensating change order and final payment to Bituminous Roadways, Inc. and acceptance of the work. A copy of the change order, final payment voucher, and the Engineer's Report of Final Acceptance is attached. Recommended Motion: Move to approve the final compensating change order and accept the work for 2012 Street Rehabilitation, Zone 7, City Project No. 1202, and authorize final payment of $38,578.55 to Bituminous Roadways, Inc. of Mendota Heights, Minnesota. Attachments: Change Order Engineer's Report of Final Acceptance COUNCIL ACTION: 27 FINAL COMPENSATING CHANGE ORDER Project: 2012 Street Rehabilitation Citv Project: 1202 Owner: City of Columbia Heights Date of Issuance: March 12, 2014 637 - 38 h Avenue N.E. Columbia Heights, MN 55421 Contractor: Bituminous Roadways, Inc. Engineer: City Engineer 1520 Commerce Drive Mendota Heights, MN 55120 You are directed to make the following changes in the Contract Documents: Description: Staff directed the contractor to modify quantities because of field conditions. Cost for the work was either bid prices or negotiated. Purpose of Change Order: The contract has been modified to include the following: CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME Original Contract Price: Original Contract Time: $ 384,485.00 Additions to the contract approved by Council Net Change from Previous Change Order: $ 164,681.13 Contract Price Prior to this Change Order: Contract Time Prior to this Change Order: $ 549,166.13 Net Increase of this Change Order: Net Increase (Decrease) of Change Order: $ 24,708.09 Contract Price with all Approved Change Orders: Contract Time with Approved Change Orders: $ 573,874.22 N/A Approved Approved By: (/ By: (Contractor) Cit gin City Manager Walt Fehst Mayor Gary Peterson 28 Date of Council Action Attachment to Final Compensating Change Order City Project No. 1202 Page 1 Owner: City of Columbia Heights Contractor: Bituminous Roadways, Inc. Project: 2012 Street Rehabilitation Description of Changes: The City requested the following work for additions, changes, or modifications to the contract documents: Grandview Court • Items 1 and 2: Remove bituminous pavement and Bituminous patch special Additional pavement removal and patching were required prior to paving the final wear course. Costs will be appropriated from the special assessment fund. MSC storm sewer • Item 3: Concrete curb and gutter Additional concrete curb and gutter was constructed along Madison Street. Costs will be appropriated from storm sewer fund. Water main extension • Items 4, 5, and 6: Remove extra depth bituminous pavement and Type SP wearing and non - wearing 38th Place was constructed with extra depth bituminous. The street was replaced in kind. Costs will be appropriated from the water fund. Items 7 and 8: 90° Bend and Hydrant extension A 901 bend was used in lieu of a tee connection for the water main construction. A hydrant extension was needed in the MSC yard for the hydrant elevation to match existing grade. The elevation of the water main is not known prior to construction. Costs will be appropriated from the water fund. 5e Avenue turn lane • Item 9: Hydrant extension A hydrant extension was needed for the hydrant elevation to match proposed grade. The elevation of the water main is not known prior to construction. Costs will be appropriated from the water fund. • Item 10: Relocate sanitary sewer service clean out While relocating the stop box for Jimmy John's, the Contractor found a clean out for the sanitary sewer service. Both the stop box (plan quantity) and the clean out were relocated. Costs will be appropriated from the sanitary fund. 29 Attachment to Final Compensating Change Order City Project No. 1202 Page 2 Alley Jackson Street to Van Buren Street, North of 4e Avenue • Item 11: Connect sump pump drain pipe to storm sewer The sump pump drain pipe for the Credit Union (843 40ffi Avenue) was connected to the new storm sewer during the alley construction. Costs will be appropriated from the special assessment fund. FINAL COMPENSATING CHANGE ORDER No. Item Description Unit Quantity Unit Price Total Price 1 Remove bituminous pavement S.Y. 165 $4.90 $ 808.50 2 Bituminous patch special S.Y. 165 $26.00 $4,290.00 3 Concrete curb and gutter B618 L.F. 250 $15.25 $3,812.50 4 Remove extra depth bituminous pavement S.Y. 195 $20.00 $3,900.00 5 Type SP wearing course Ton 30 $105.00 $3,150.00 6 Type SP non-wearing course Ton 1 30 $82.00 $2,460.00 7 901 Bend Ea. 1 $ 700.00 8 36" Hydrant extension Ea. 1 $1,219.66 9 6" Hydrant extension Ea. 1 $ 780.11 10 Relocate sanitary sewer service clean -out L.S. 1 $3,181.34 11 Connect sump pump drain pipe to storm sewer L.S. 1 $ 405.98 TOTAL CHANGE ORDER $24,708.09 Fund: Special Assessment (415) Water (65 1) Sanitary (652) Storm (653) $ 5,504.48 $12,209.77 $ 3,181.34 $ 3,812.50 30 CITY OF COLUMBIA HEIGHTS ANOKA COUNTY, MINNESOTA ENGINEER'S REPORT OF FINAL ACCEPTANCE 2012 STREET REHABILITATION PROJECT ZONE 7 CITY PROJECT NUMBER 1202 March 19, 2014 TO THE CITY COUNCIL COLUMBIA HEIGHTS, MINNESOTA HONORABLE MAYOR AND CITY COUNCIL MEMBERS: This is to advise you that I have reviewed the work under contract to Bituminous Roadways, Inc. The work consisted of street mill and overlay with related utility construction/replacement. Council also accepted alternates for storm water improvements to the MSC yard. In addition, Council directed projects were added, such as Heights Liquor parking lot, Alley between Jackson and Van Buren Streets and north of 40th Avenue, 40th and Van Buren parking lot, and MSC recycling center. The contractor has completed the project in accordance with the contract. It is recommended; herewith, that final payment be made for said improvements to the contractor in the amount as follows: ORIGINAL CONTRACT PRICE $ 384,485.00 APPROVED ADDITIONS S 164,681.13 CHANGE ORDERS $ 24,708.09 FINAL CONTRACT AMOUNT $ 573,874.22 FINAL WORK APPROVED $ 573,845.79 ALL PRIOR PAYMENTS ($ 535,267.24) BALANCE DUE $ 38,578.55 Sincerely, C COLU IA HEIGHTS K R. Hansen City Engineer a CITY COUNCIL LETTER Meeting ot: April 14, 2014 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: FROZEN WATER LINES BY: Kevin Hansen BY:�� DATE: April 4, 2014 DATE: At the regular meeting of March 24th, the City Council referred to work session the issue of private frozen water services. The discussion at the council meeting focused on considering providing some type of assistance to residents related to frozen water services. Currently, Public Works staff has been informed of 45 private water services that were frozen in 2014. Based on records at Public Works, the City of Columbia Heights has not experienced this number of frozen water services since 1971/1972. Public Works staff contacted surrounding cities to inquire as to what type of assistance, if any, their city was offering to residents regarding frozen water services. Results from that survey fall into one of three general categories: 1. No assistance is being provided by a City. 2. Assistance is being provided by a credit on the water bill after a frozen service has been cleared. 3. Assistance is being provided by a cost share for unthawing the private water service. The Council directed staff to prepare a policy that would provide a financial cost share to residents to unthaw the private water services, and that it be income qualifying based. Attached is a proposed policy that would provide a matching cost share up to a maximum of $500 per parcel per year. It also includes language providing income requirements, identical to what the City of Columbia Heights has established for special assessment deferrals and utility billing. Recommended Motion: Move to adopt the Financial Assistance Policy for Frozen Water Service Lines dated April 2014. Attachment: Frozen Water Policy, April 2014 (proposed) KH:sms COUNCIL ACTION: City of Columbia Heights FINANCIAL ASSISTANCE POLICY FOR UNTHAWING PRIVATE WATER SERVICE LINES In 2014, the City of Columbia Heights had approximately 45 properties that reported no water due to frozen private water services. Unlike a 4 or 6 inch sanitary sewer service, water services cannot be televised to find the exact location of the freeze up in the copper water service. It is also impossible to determine the exact circumstances that may have caused the line to freeze, aside from the fact that the extreme and extended cold weather this winter has caused frost deeper in the ground than we've seen in decades. A frozen water service is not necessarily an indication of fault of the City or the property owner; this is weather /climate related and the media is reporting that it is impacting people statewide this winter. The City of Columbia Heights is establishing this policy to help affected property owners by cost sharing in service line thawing efforts under the following conditions: POLICY A. This policy shall apply only to properties that had no water due to freezing of the private water line. B. This cost sharing procedure shall apply only to property owned and occupied by the applicant. Ownership and occupancy must be the same nature as would qualify the applicant for a homestead exemption for tax purposes. C. No cost share shall be granted to any owner who has a gross annual household income from all sources in excess of $33,000.* D. The City is notified of the situation prior to the line thawing efforts. E. The property owner is responsible for hiring a qualified /licensed person(s) for the work and providing legitimate documentation of costs. F. The City will participate in one -half of the costs, up to a maximum of $500 of City cost (i.e. $1,000 total thawing cost) per property per year. G. The methods used are industry accepted /standardized and do not constitute an undue health, safety or fire hazard to public or private infrastructure. H. Inquiries and requests for reimbursement should be directed to the Public Works Department I. In order to obtain a cost share reimbursement for unthawing a frozen water service, the homeowner must make application on the forms provided by the Public Works Department. * Income qualification limits are established by the City Council annually REVIEW AND MODIFICATION OF POLICY The City may modify or clarify this policy at any time. The City has delegated responsibility or authority to city employees or officials for the development and implementation of this policy. The City Council or City Manager shall have full authority to modify any portion of this policy when deemed necessary. REVIEW OF POLICY The Public Works Director or designee shall keep on file, comments and complaints received regarding this policy. The policy will be reviewed periodically. Any review will consider comments and complaints since the last review and any other factors affecting the policy or its implementation. EFFECTIVE DATE OF POLICY This policy shall be made effective as of January 1, 2014. Modifications to the policy shall be effective on the date said modifications are approved by the City Council or the date the city employees or official (with authority granted by the City Council) has approved the policy modifications or implemented changes. Approved by the City Council on 92014 Dated April, 2014 CITY COUNCIL LETTER of: AGENDA SECTION: CONSENT I ORIGINATING DEPARTMENT: I CITY MANAGER NO: PUBLIC WORKS ITEM: AUTHORIZE STEP 2ACTIONS FOR THE BY: Jesse Davies, Admin Assistant BY:e_ MINNESOTA GREENSTEP CITIES PROGRAM I DATE: April 10, 2014 1 DATE: Background: The purpose of the GreenStep Cities Program is to provide a pathway and assistance to help cities achieve sustainability goals for energy use reduction, costs savings, and regulatory standards. The City of Columbia Heights is a category `A' city as we are fully developed and located in the seven county metro area (Attachment A). Applying for GreenStep Cities is voluntaiv and there is no required timeline for completion, and the City can withdraw from the program at any time. The GreenStep Cities program is currently a 3 -step process that will require implementing a minimum of 16 BPs (Best Practices) consisting of over 30 actions. Attached is a table of the 28 BPs for GreenStep Cities (Attachment C). As Columbia Heights is a category `A' city, we will need to implement 16 BPs to complete the program (steps 1 -3). There are several BPs that are required by State and Metro Council regulations, and other BPs may require modification to comprehensive and capital improvement plans, but since there is no timeline, this can be conducted during the normal planning cycle. Analysis /Conclusions: Below is a proposed plan to achieve GreenStep City Step 2 recognition: 1. Step 2 requirements (Organization through completion of 8 BPs): a. Enter information about the city on the GreenStep website. b. Enter energy information for city buildings on the B3 (Building, Benchmarking, and Beyond) website (Attachment B). c. Log actions already taken that qualify for the GreenStep program. d. Select initial BPs, develop a general plan for implementation, and present the proposed BPs to the City Council for authorization to begin work. e. Incorporate a plan to accomplish the actions of the selected BP's through the normal planning process. f. Begin work to implement the initial BP's. g. Update the GreenStep website with City actions and apply for recognition as a Step 2 GreenStep City. To achieve Step 2 recognition, the City will need to enter 8 BPs on the GreenStep website for credit. Public Works has entered four BPs already and achieved credit for those tasks (see attachment D City GreenStep website) 1. BP #1.1 - Minnesota B3 Benchmarking database rated for 2 stars 2. BP #6.1 - Comprehensive Plan rated for 2 stars 3. BP #6.2 - Regulatory ordinances comply with Comp plan rated for 1 star 4. BP #17.6 -Erosion and Sediment Control rated for 2 stars 34 CITY COUNCIL LETTER AGENDA SECTION: CONSENT NO: ITEM: AUTHORIZE STEP 2ACTIONS FOR THE MINNESOTA GREENSTEP CITIES PROGRAM Page Two ot: ORIGINATING DEPARTMENT: I CITY MANAGER PUBLIC WORKS BY: Jesse Davies, Admin Assistant BY: DATE: April 10, 2014 1 DATE: The City will need to complete four more tasks for Step 2 recognition. Staff proposes the next four steps to enter for credit: Note: No new work or projects are proposed only gaining credit for tasks and measures already accomplished in the past. BP9.1 Establish design ggoals for at least one highway corridor. Following the completion of the Central Avenue Streetscaping Improvements in 2003, the Central Avenue Design Guidelines was created - which will qualify for this best practice item. BP 11.6 Implement traffic calming measures in at least one street redevelopment project. The City completed the Huset Parkway street project in 2005, which includes a roundabout - which will qualify for this best practice item. 13P16.1 Certify as a Tree City USA. The City has been a Tree City USA qualified member for over 20 years and with continued membership will qualify for this best practice item. BP20.3 Establish an on -going budget and program for decreasing inflow and infiltration into sewer lines. The City has had an inflow and infiltration (I /1) program since 2004 (following the 1/1 peak threshold program established by Metropolitan Council Environmental Services). The City's annual 1/I reduction program will qualify for this best practice item. It is strongly recommended that the City first review City buildings and department operations for sustainability actions as a community leader, and to reduce costs, before looking toward the community to do the same. Recommended Motion: Move to authorize the City to complete the Step 2 requirements of the GreenStep Cities program. Attachments: Attachments A -C Attachment D COUNCIL ACTION: Attachment A Determining a City's GreenStep Questions Answers Your City is a Category A City 36 w c L U Q cu -0 EA E 0 0 O t-' U 4- O U z Ctf Q u z Lij W /mn W Ln U L c Uly 111 E C O t.r 1l1 l_' 111 f l If1 111 1 1.1 fTi V', f 1 '1 1. r .1 r ,r •1 �r1 1.111 Mi r�•r ' 1: �Y 1 LT _ w f� Il e-IC) iu er � Ck iai fff! r_7 f�l 4.0 7 <y f C� r� 6. 4 .:r I.V Q C:) fd t. mfr r: Ir r/ m .3• r r1 r 1 ill •11 r�'1 ei in n u. vl r» r- M �7 b fry E tJ tfV�� i Ir, q, to •n � rr t Yr t t• S 1` C) �J u U r- M ve C U J_ W cu I C� T C E E 7 _ O V V O N V 'ir/ cr- i U z W m FINS Ln O Z) c -! to c 49 O a m r a� V 2 111 4 ! 111 11 1 111 5U 111-411 fl �I 1 nl1, 17 I,Q 1 11 I , SRI al r.l f! ffl f� (f. 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Ill rn 1.A ( I Lrll 1 I c.A N ~`r d Im lv r'1 (1 fl _11 tr � rJ rb r! �r 11 ,! n ,I 1 1 ,1 +1 i 1 ! ri A ■ .IJ u> vl ro Ql 1l+ n. rn L i QA 1 ! rU N G. u v_ ui C� t- rn �> (J ll Ali u �va { V j C 4 lu W cl (l ,.1 LAC u 111 U L 11 N v Attachment C 3 actions 2 actions 2 actions 2 actions I action actions actions actions actions action actions NOTES 1 For each BP there are specific requirements, e.g. "complete any 2 actions." 2 For BP groups, e.g. Buildings & Lighting, a mix of BPs is required. Category A & B cities, e.g. must implement BP #1 & one other BP from BP # 2 -5. 3 The "floating BP:" a city implements the required # of BPs In the 5 categorles AND Implements any 3 (or 2, for Category B cities) other BPs. 4 When a city has implemented a total of 8, 12 or 16 BPs, taking into account the details in notes 1 -3 above, Step 3 GreenStep recognition Is granted at the mid -June conference of the League of Minnesota Cities. 43 actions actions actions actions action actions >> for details see http: / /tinyurl.com /3mx3bob I Efficient Existing Public Buildings Required Required 2 Efficient.Pausttng Pnvate Buddingc 3 New Green Buildings 4 Efficient Bualdmg Fc Skeet Ltghtmg and Signals .4 Building Reuse 6 Comprehensive Planning & Implementation Requited Required Required 7 Hightz Density B Mixed Uses 4 Efficient Highway - Oriented Development 10 Conservation Design 3 actions 2 actions 2 actions 2 actions I action actions actions actions actions action actions NOTES 1 For each BP there are specific requirements, e.g. "complete any 2 actions." 2 For BP groups, e.g. Buildings & Lighting, a mix of BPs is required. Category A & B cities, e.g. must implement BP #1 & one other BP from BP # 2 -5. 3 The "floating BP:" a city implements the required # of BPs In the 5 categorles AND Implements any 3 (or 2, for Category B cities) other BPs. 4 When a city has implemented a total of 8, 12 or 16 BPs, taking into account the details in notes 1 -3 above, Step 3 GreenStep recognition Is granted at the mid -June conference of the League of Minnesota Cities. 43 actions actions actions actions action actions Minnesota GreenStep Cities Attachment D http: / /greenstep.pca. state .ma.us /citylnfo.cfrn ?ctu_ code= 2393607 Home I About I The 28 best practices J Become d GreenStep qty J Model ordinances I city log -In I contacVFeedback Stay Conrk -ted ire t City of Columbia Heights t Background Information County: Anok Population: :24,,000 GreenStep Coordinator GreenStep City category: A Jesse Davies Full -time equivalent W staff (approx.): 150 City stag Jesse. DavfesCd. colu mbia -hr ights.mn.us Participating townshlp(s) / school distrwt(s): 783706 -3706 City web page relating to sustainability/GreenStep activities: GreenStsp Gty resolution: Click hereto v�— the fit. http;/ lwww.ei.columbia- heights.mn.u;V GreenStep City status and date: S?EP 1 (82/x1.=0 ij I Best Practice Actions Underway and Completed Completed actions are denoted by stars. Mouse over a star for its definition. [ Open all action reports ] [ Vlew /print full city report ] Buildings and Lighting Efficient Existing Public Buildings * 'ik` Action 1: Enter baseline information into the Minnesota 83 Senchmarking database, routinely enter ( BP no. I ) monthly energy use data from all city -owned buildings, and consult with best practice advisor about the Guaranteed Energy Savings Program (GESP). [Click here for self- reported city details ] 1 of 2 4/9/2014 10:37 AM w d� P Land Use comprehensive Plan and *_ *Action 1: Adopt/have an adopted comprehensive plan OR, Category B and C cities may simply adopt a Implementation land use plan that was adopted by a regional entity or the county. [Click here for self - reported city details ] IBP no. 6I * Action 2: Demonstrate that regulatory ordinances comply with the comprehensive plan including but not limited to having the zoning ordinance explicitly reference the comprehensive plan as the foundational document for decision making. [Click here for self- reported city details j I •J 4, r Environmental Management Efficient Stormwater Management `�_'�- Action 6: Adopt an ordinance with erosion and sediment control provisions as well as requirements for I BP no. 17) permanent stormwater treatment. [Click here for self- raported city details ] I 44 1 of 2 4/9/2014 10:37 AM CITY COUNCIL LETTER AGENDA SECTION: CONSENT ITEM: REFUSE AND RECYCLING: THREE -YEAR CONTRACT EXTENSION TO ADVANCED DISPOSAL Meeting of. April 14, 2014 ORIGINATING DEPARTMENT: I CITY MANAGER PUBLIC WORKS BY: Jesse Davies, Admin Assistant DATE: 4/2/2014 Background: The City Council accepted bids for the refuse and recycling RFP on September 14, 2009 and directed staff to prepare a contract that would start January 1, 2010 and end December 31, 2014 with Veolia Environmental Solid Waste Services (now Advanced Disposal), the low responsible bidder. This was the first time in over 20 years the City changed the refuse service provider. The current contract allows for a three -year extension at the option of the City. Major changes to refuse operations since 2009 are summarized as follows: • Tipping fees have been defined and added to be separately tracked by actual tons in the payment procedures. • The City is utilizing single -sort recycling carts and collection changed to every other week for recycling. • The City moved the recycling collection point to the same location as refuse (i.e. to the alley where permitted) and noted almost a 30% increase in recycling tonnage since 2009. • A recycling rebate provision was added to provide for revenue sharing of recyclables collected citywide. • A fuel escalation clause was added to account for fluctuations in fuel costs. • Allows the contractor to service multi - dwelling properties with carts instead of dumpsters where permitted. • All multi - dwelling properties received 90 gallon recycling carts. • The contractor allows households to upgrade to a 90 gallon recycling cart for the same rate as the 60 gallon. In addition, the contractor has provided some multi - dwelling properties with more recycling carts and /or scheduled additional collections per month at no additional charge. Advanced Disposal has submitted a proposal to extend the contract three years as allowed in the current contract (See attachment: Advanced Disposal letter). Analysis /Conclusions: The City has benefited from the ability to provide for the highest level of service at a low cost, with a contractor that most residents seem to appreciate. (See attached refuse rates.) The vast majority of refuse complaints are nuisance related and the problem caused by residents /property owners. Complaints with the service provider are mostly weather delayed services and late yard waste service. Survey results as of April 1, 2014 are as follows: Out of 58 resident responses 28 rated the current contractor as "excellent ", 18 as "good ", 9 as "fair ", and 3 as "poor ". In addition, 25 responses specified the City should either increase "full service" rates or eliminate "full service" and charge per bag or item outside of the container. 45 CITY COUNCIL LETTER AGENDA SECTION: CONSENT ITEM: REFUSE AND RECYCLING: THREE -YEAR CONTRACT EXTENSION TO ADVANCED DISPOSAL Page Two Meeting of: April 14, 2014 ORIGINATING DEPARTMENT: PUBLIC WORKS BY: Jesse Davies, Admin Assistant DATE: 4/2/2014 CITY MANAGER Staff recommends the contract and operations remain the same, except for a minor change in procedures to utilize grant money for subsidizing curbside electronics collection. Staff makes this recommendation given that the current contractor was the low bidder for the previous five years at a 3.7% increase each year, and now has lowered the rate for the next three years. In addition, a change in refuse contractor is very disruptive for the City, therefore it is recommended to execute the three year extension in the current contract. Staff does not recommend weekly recycling collection at this time, but will continue to encourage residents to upgrade to the 90 gallon recycling carts and to provide additional carts or collections for apartments as needed at the same flat recycling rate. The contractor currently collects extra recycling material outside of the cart as well. Only 28 residents indicated interest for weekly recycling collection on the survey. In addition, staff does not recommend a source separated organics collection system before 2016 to allow the new commercial composting regulations and procedures to be worked out by the haulers and commercial composters. This will also allow staff time to gather lessons learned and adopt best practices by other communities who are starting the combined yard waste /organics collection process. It is noteworthy that 47 residents indicated some interest in organics collection with the yard waste out of 58 responses. An amendment to the contract will be brought forward to the council when ready to proceed. Staff recommends the City of Columbia Heights conduct a complete refuse services RFP after the three - year extension allowed in the current contract. Recommended Motion: Authorize the City Manager and Mayor to enter into a three year contract extension for Refuse, Recycling and Yard Waste Services with Advanced Disposal, as provided in the current contract. Attachments: Letter from Advance Disposal City of Columbia Heights Refuse Rates Other Cities Refuse Rates COUNCIL ACTION: 46 0 Advanced Disposal Aprill, 2014 Kevin Hansen and Jesse Davies City of Columbia Heights 590 401h Avenue NE Columbia Heights, MN 55421 Dear Kevin and Jesse: Thank you for the opportunity to propose an extension to the Refuse Service Contract between the City of Columbia Heights and Advanced Disposal. We are proposing the following for an extension: 1) 3 year extension of contract through December 31, 2017. 2) 3 percent annual increase on all Non - Multiple and Multiple Dwelling Residences. All other terms and conditions will remain as laid out in the contract. If you have any questions regarding the increases please do not hesitate to contact me. Thank you for your continued business. Si rely, !_ David Bahrenburg Area Manager Advanced Disposal E -Mail: David.Bahrenburg @advanceddisposal.com Phone: (651) 287 -5290 309 Como Avenue Saint Paul MN 55103 Tel (651) 487 -8546 Fax (651) 489 -9504 AdvancedDisposal.com 47 Engage your community - connect to news, events and information you care about. View more information... t Ilk Sign In 48 Home > Departments > Public Works > Refuse & Recycling > Rates Search Rates Electronics Disposal Service Levels There are three service levels that are offered to residents: Hazardous waste • Low Volume 32- gallon service Disposal • Limited Service with a 64- gallon cart Rates • Full Service with a 96- gallon cart Recycling 2013 Rates Recycling Center Container Size 2013 Quarterly Rate Service Included Drop -off 32 Gallon $36.84 Limited service with Christmas tree and one Refuse &Recycling appliance / year Survey 64 Gallon $38.59 Limited service with Christmas tree and one Refuse appliance/ year 96 Gallon $48.13 Full service with extra bags, furniture / bedding, Yard waste Christmas tree, and one appliance / year Must be over 62 years of age and income Newsletter Senior Rate $36.46 qualified. Call (763) 706 -3640 to request an application. Notify Me , Recycling & Yard Waste $14.80 2014 Rates Container Size 2014 Quarterly Rate Service Included 32 Gallon $37.95 Limited service with Christmas tree and one appliance / year 64 Gallon $39.75 Limited service with Christmas tree and one appliance / year 96 Gallon $49.58 Full service with extra bags, furniture / bedding, Christmas tree, and one appliance / year Must be over 62 years of age and income Senior Rate $37.56 qualified. Call (763) 706 -3640 to request an application. Recycling & Yard Waste $15.93 Yard Waste Carts (Available for non - multiple dwelling properties only.) Contact Columbia Heights Container 2012 Annual 2013 2014 Annual Annual Service Included 590 40th Ave. NE Size Rate Rate Rate Columbia Heights, MN 55421 Ph: (763) 706 -3600 Fx: (763) 706 -3601 Additional yard waste outside of the cart will still be info @ci.columbia- heights.mn.us 96 Gallon $50.88 $54.60 $56.28 collected when bagged in MN State mandated compostable bags. + 1 � Home Staff Directory Mobile Site Apps Download Sitemap Accessibility Copyright Notices Powered by CNicPlus Select Language 48 City of Blaine Recycling tt Solid Waste Service Levels and Rates Current solid waste rates are as follows: 90 Gallon Unlimited Service — $14.40 per month /$43.20 per Quarter (holds 7 to 10 kitchen garbage bags) This service level includes the collection of bulky items (couch, chair, table, etc.) at no extra charge and the use of as many garbage carts as you need for household waste. 60 Gallon Service — $12.40 per month /$37.20 per quarter (holds 4 to 5 kitchen garbage bags) This service level is restricted to the use of a 60 gallon garbage cart. Collection of extra items must be arranged with Advanced Disposal. Call 763 - 786 -7233 (SAFE) or email blaine- ads@advanceddisposal.com for more information. 30 Gallon Service — $8.90 per month /$26.70 per quarter (holds 2 to 3 kitchen garbage bags) This service level is restricted to the use of a 30 gallon cart. Collection of extra items must be arranged with Advanced Disposal. Call 763 - 786 -7233 (SAFE) or email blaine- adsPadvanceddisnosal.com for more information. All service levels include unlimited recycling and the collection of properly bundled brush and Christmas trees. Storm Water All service levels include an additional stormwater charge of $6.25. 49 Printed 4/2/2014 - 02:25 P Page 1 of 1 �arnphn HOME CALENDAR Garbage Utilities Department Billed the month following use. Minimum rate due and payable for sanitation (763) 421 -0154 service for each living unit per month. the following rates include recycling, fax (763) 421 -4546 Hennepin County Service Fee, and State Solid Waste Management Fee: emailgci.champlin.mn.us Large Cart (approx. 90 gal) - $24.76 as of 1/1/12 Medium Cart (approx. 60 gal) - $20.68 as of 1/1/12 Small Cart (approx. 30 -gal) - $16.60 as of 1/1/12 Recycling Recycling costs are covered under the garbage rate. You have the option of a small, medium or large cart. There is a $20 fee to change cart sizes. If you have the largest cart size you can add additional carts at no extra cost. Recycling is collected every other week on the same day of the week as your weekly garbage collection. • extra pickup Residents will need to notify haulers for any additional bags outside of container. Haulers will charge you accordingly for extra pickup. • Owners of Rental Property The City will bill renters of properties in Champlin as a service, however, any unpaid charges imposed against occupants /renters of the rental property remain the responsibility of the property owner. • Unpaid Utility Charges Any unpaid utility charges 60 days or more past due at time of certification, are certified to Hennepin County for collection as part of the property tax. • Low Income Residents Rate Reduction Discount rates for eligible citizens are available for sewer and garbage charges. Contact the Utility Billing Department at 763 - 421 -8100 for eligibility requirements. • Going Out -of -Town? If you are going out -of -town for a period of one month or longer, please contact the Utility Billing Department and provide a forwarding address. Utility billing postcards do not forward like other mail. Thank you! 50 Back to Web Site City of White Bear Lake a City of Lakes & Legends Refuse & Recycling Pick -Up Information Please be sure you place your solid waste and recycle containers out on the street before 6:00 am. Your solid waste and recycling are picked up the SAME DAY by the same company, but different trucks. Put your solid waste container (green) and your recycle container (blue) in the street in front of the curb with the handles toward the house. Please be sure your containers are at least five feet (5') away from any structures such as mail boxes, light poles, fire hydrants, etc. Please do not overfill your waste container, the lid should close. If you need more space, please order another container. Solid waste is for household and yard trash only (limbs cut in 2 -ft. lengths) - no construction waste or hazardous waste. Holiday Information The following holidays will affect your garbage and recycling service: • New Year's Day • Memorial Day • The Fourth of July • Labor Day • Thanksgiving Day • Christmas Day If any of these holidays fall on or before your pick -up day during the week, your pick -up day will be delayed one day. No change in schedule will occur if a holiday falls on a Saturday or Sunday. Billing Information The City of White Bear Lake will bill you quarterly for your garbage and recycling service. If you have any questions or problems, call the Utility Billing Clerk at (651) 429 -8565 or via e-mail at jiurek @whitebearlake.org. Service Volume Monthly Rate 30 Gallon (senior) 1 Standard Can $9.50 30 Gallon 1 Standard Can $9.70 60 Gallon 2 Standard Cans $14.25 90 Gallon 3 Standard Cans $19.40 The City of White Bear Lake contracts with Veolia Garbage Services to provide solid waste removal and the recycling program. Bulky Items If you would like Veolia Garbage Services to pick -up any bulk items (i.e., furniture or appliances), please call ahead to make arrangements to Veolia at (651) 459 -3029 or (651) 459 -6377. There will be an additional charge for this service, billed through Veolia, not the City. To view the price list for bulky items, click here. 51 Contact Information Jeanne Jurek Utility Billing Clerk 4701 Highway 61 White Bear Lake, MN 55110 Phone: (651) 429-8565 Fax: (651) 429 -8500 Email: ijurek @whitebearlake.ora Veolia Garbage Services (651) 459 -3029 or (651) 459 -6377 Quick Links ce Curbside Recycling Program Compost Sites within Ramsey County Keep Our Lakes and Streams Healthy Yard and Garden INSIDE CITY OFFICES Cilti of 114,bliin4A114. r Billing for City Services The City of Robbinsdale provides water, sanitary and storm sewer drainage, garbage service, and recycling services for its residents. Robbinsdale has a comprehensive program for garbage and recycling pick -up designed to reduce the waste collected in area landfills and to provide affordable collection based on volume. The City bills every other month for residential services. Garbage 32 gallon, including taxes and recycling credit $22.53 $45.06 64 gallon, including taxes and recycling credit $25.90 $51.80 96 gallon, including taxes and recycling credit $29.15 $58.30 Need a 2nd Garbage Cart? Monthly Cost Added to Bill FOR 2 MONTHS Extra 32 gallon container $9.44 $18.88 Extra 64 gallon container $11.48 $22.96 Extra 96 gallon container $13.26 $26.52 Solid Waste Service (Garbage) All residents are required to use the City's solid waste service. Weekly collection includes garbage, recycling, yard waste (April - November) and appliances. Each residence may select the size of garbage container they need for weekly garbage collection. Items to be collected must be placed near the curb or alley by 6:00 a.m, on the designated pick -up day. For more information regarding solid waste, please call City Hall (763) 531 -1211. Solid Waste Information: HOLIDAYS: Solid waste collection is delayed one day if the following holidays occur Monday through Friday: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day. Three standard sizes of garbage containers are available (32, 64, or 96 gallon). One container is provided for each residential unit unless over 96 gallons of garbage collection is requested. For missed garbage pick -up, please call Waste Management within 24 hours at (952) 890 -1100. Disposal of Appliances and Furniture items require the attachment of Solid Waste Stickers. 1 -Unit stickers are $1.50 and 5 -Unit stickers are $7.50. They can bNpurchased at City Hall, 4100 Lakeview Avenue North, or by calling (763) 531 -1211 to have them charged to your utility bill and then mailed out to you, Sticker Requirements are as follows: 1 Sticker: Bag box bundle or item under 30 pounds which is beyond what garbage cart ($1.50) will hold 5 Stickers: Non- appliance items (small furniture, twin or full mattress, twin or full box ($7.50) spring, window, door or sink) 10 Stickers: Non - appliance items (large furniture - sofa / loveseat, recliner, queen or king ($15.00) mattress, queen or king box spring, water softener, bathtub) 25 Stickers: Appliances (stove, washer, dryer, dishwasher, water heater, microwave, ($37.50) dehumidifier, furnace, trash compactor, window A /C, refrigerator, freezer) For Non - Appliances, simply place the appropriate number of stickers on the item and set it out on your designated garbage day. To have an appliance picked up, please call Waste Management at (952) 890 -1100. Yard Waste Disposal Waste Management provides yardwaste collection services to our residents as part of their contract. The pick up dates typically range from April 15 through November 15. However, due to uncertainties with the weather, these dates are subject to change. Please plan ahead as much as possible when doing your yardwork. Once Waste Management discontinues collection for the season it is your responsibility to get rid of yardwaste or move it away from city right -of -ways until spring. Maple Grove's Yardwaste disposal site accepts materials for a fee. REMINDER: state law requires use of COMPOSTABLE bags for yard waste collection. Click HERE for information on bags which are permitted. Compost: Grass clippings, leaves, pine needles, pine cones, acorns, small hedge shavings, twigs under 1/2 inch in diameter and under 3 inches long, weeds, flowers, and garden waste should be bagged (under 30 pounds in compostable bags). No limit on small yard waste and no stickers required. You can also use a galvanized or'Rubbermaid -type' container with a lid for compost disposal. Contents cannot weigh more than 40 pounds. The can must have a sign which clearly reads "Compost" or pick up a "Yardwaste only" sticker provided by Waste Management at City Hall. If you have multiple yard waste cans- only one sign is needed. Yardwaste bags and cans must be placed 5 feet from garbage /recycling carts. Branches: Brush, hedge clippings and branches must be bundled and are collected by the yardwaste truck from mid -April through mid - November. Branches must be under 3 inches in diameter and under 5 feet in length, bundles of branches must weigh under 30 pounds. Larger debris cannot be picked up even if split to smaller diameter as these are too dense and would damage the compacter in the truck. Stickers are not required. For larger branches, limbs and trunks, contact a tree service or contact Maple Grove's Yardwaste disposal site for drop -off charges and instructions. Storm Debris Reminders: Ciity crews first priority is opening roads and alleys. Public tree debris (boulevard and park trees) will be initially pushed aside to clear roads and then cleared with priorities to roads and alleys over sidewalks. Private trees belong to homeowners. Homeowners are responsible for storm damage to their trees in the same way as they are responsible for storm damage to their homes. The city's yardwaste hauler, Waste Management, will take branches under 3 inches in diameter, under 5 feet in length, bundled. They pick up the yardwaste using a garbage truck. The bundles can't be longer than 5 feet so that they can safely be loaded by hand into the back of the garbage truck. It can't be over 3 inches in diameter and it can't be logs split down to 3 inches as these would cause damage to the compactor on the garbage truck. Larger tree debris needs to be removed by private contractors or taken to tree waste disposal sites- there are fees charged at disposal sites. Robbinsdale's yardwaste pick up is curb -side for residents; Robbinsdale does not pay for drop -off sites. 53 AGENDA SECTION: CONSENT CITY COUNCIL LETTER Meeting o£ April 14, 2014 ORIGINATING DEPARTMENT: PUBLIC WORKS ITEM: ADOPT RESOLUTION 2014 -24 ACCEPTING BY: Kevin Hansen FEASIBILITY REPORT AND AUTHORIZING DATE: April 9, 2014 CLEANING AND LINING OF 6,005 FEET OF WATER MAIN (UNDER THE CITY OF MINNEAPOLIS 2014 PROGRAM) CITY PROJECT NO. 1403 CITY MANAGER BY: DATE. Background: Columbia Heights has received complaints of discolored water at various locations and for many years throughout the City. City staff has determined that the rusty water is caused by encrusted iron scale deposits sloughing off the inside of the water main and into the water distribution system. To date, the problem originates only in unlined cast iron pipe, which was common prior to 1962. Although iron scale has a tendency to turn the color of the water yellow or light brown, it is not known to be a health risk by federally regulated standards. City staff has taken many samples and continues to test the drinking water to ensure compliance with State and Federal requirements. The problem in general is called `tuberculation' and results in restricted flows. In January of 2005, staff reported to the City Council several techniques to address this problem and indicated that there are likely multiple areas of the distribution system affected by tuberculation. Analysis /Conclusions: In 2005, Columbia Heights began an annual cleaning and lining program under the City of Minneapolis Cleaning and Lining Program. Below are the areas that have been completed since 2008. In 2008, the cleaning and lining program completed 4,300 lineal feet of pipe at the following streets: • Jackson Alley: 50th to 51" Avenues • Rainier Pass: Innsbruck Parkway to end • St. Moritz Drive: Innsbruck Parkway to end • Innsbruck Parkway: Rainier Pass to St. Moritz Drive • Innsbruck Parkway: St. Moritz Drive to Argonne Drive • Innsbruck Parkway: Argonne Drive to Pennine Pass • 45th Avenue: Main Street to 3rd Street. In 2009, the cleaning and lining program completed 5,150 lineal feet of pipe at the following streets: • Innsbruck Parkway: Pennine Pass to Stinson Boulevard • Pennine Pass: North Upland Crest to Argonne Drive • Stinson Boulevard: North Upland Crest to Chalet Drive • Chalet Drive: Pennine Pass to Stinson Boulevard • 2 Street, 2'/2 Street, & 3'd Street: 44th to 45th Avenues In 2011, the cleaning and lining program completed 4,199 lineal feet of pipe at the following streets: • Polk Place and Polk Circle • Pierce Terrace, Polk Place to Matterhorn Drive • Johnson Street, North of Innsbruck Parkway to Lincoln Terrace • Lincoln Terrace, Johnson Street to Pierce Terrace In 2012, the cleaning and lining program completed 3,920 lineal feet of pipe at the following streets: • 5th Street, 48th to 49th Avenue • 6th Street, 51 st to 53rd Avenue • 7th Street, 51 st to 53rd Avenue • 51 st Avenue, 6th to 7th Street • 53rd Avenue, 5th to Washington Street 54 AGENDA SECTION: CONSENT CITY COUNCIL LETTER Meeting of: April 14, 2014 ORIGINATING DEPARTMENT: PUBLIC WORKS ITEM: ADOPT RESOLUTION 2014 -24 ACCEPTING BY: Kevin Hansen FEASIBILITY REPORT AND AUTHORIZING DATE: April 9, 2014 CLEANING AND LINING OF 6,005 FEET OF WATER MAIN (UNDER THE CITY OF MINNEAPOLIS 2014 PROGRAM) CITY PROJECT NO. 1403 Page Two CITY MANAGER BY: & /�� DATE: In 2013, the cleaning and lining program completed 4,279 lineal feet of pipe at the following streets: • University Avenue from 51"Avenue to 53`d Avenue • 4th Street from 51" Avenue to 53`d Avenue 51h Street from 51St Avenue to 53`d Avenue 53`d Avenue from University Avenue to 4th Street City staff conducted a random survey following the completion of the projects with positive comments received from the residents. Staff believes the program accomplished what was intended and eliminated the discolored water problem and restored the original diameter(s) of the existing piping system. The newly lined pipe should provide another 40 or more years of service. Based upon the positive results and project success of the past eight years, staff conducted C- Factor testing on other known problem areas of the water distribution system. C- Factor testing involves isolating water main segments, flowing water and measuring pressures and flow rate. A C- Factor is then calculated which can be used to determine the amount of tuberculation in -pipe. Another way to look at a C- Factor is it is a measurement of resistance to flow in -pipe. New pipe will have a C- Factor of 120 -125. We would have expected the C- Factors in the areas tested (based on age) to be in a range of 90 -95. A general rule of thumb is values below a range of 70 -75 would indicate a pipe in poor and tuberculated condition. The measured C- Factors in the 2014 proposed program area average 43, which is considered heavily turburculated. Based upon the C- Factor testing, staff is recommending a 2014 Cleaning and Lining Program to complete the Maithaire area in the following streets: • Mulcare Drive from Pierce Terrace to Polk Place • Pierce Terrace from Polk Place to Polk Place/Pierce Terrace • 50th Avenue from Tyler Street to Fillmore Street • Buchanan Place from Fillmore Street to Pierce Terrace • Lincoln Terrace from Molan Terrace to Johnson Street • Fillmore Street from north of 49th Avenue to Pierce Terrace For Review: The process of Mechanical Cleaning and Lining involves shutting down a pipe segment, cutting open and accessing (excavating and cutting open) the water main every 400 to 600 feet, and pulling or pushing a mechanical cleaning device (sometimes called a `pig') through the line to remove the encrustation. Depending on the severity of the interior buildup, a water line may have to be "pigged" repeatedly until the original interior diameter is restored. Since this process leaves the iron wall exposed, lining the interior pipe is necessary to prevent water contact with the iron surface which would allow the tuberculation process to start all over. Minneapolis utilizes cement mortar lining by applying lean cement through a rotating head of a specific diameter. As the lining machine moves through the pipe, it leaves a smooth trowelled finish. The new lining of the pipe provides a smooth interior wall resistant to mineral deposits and future tuberculation buildup. Next to complete pipe replacement, 55 AGENDA SECTION: CONSENT CITY COUNCIL LETTER Meeting of: April 14, 2014 ORIGINATING DEPARTMENT: PUBLIC WORKS ITEM: ADOPT RESOLUTION 2014 -24 ACCEPTING BY: Kevin Hansen FEASIBILITY REPORT AND AUTHORIZING DATE: April 9, 2014 CLEANING AND LINING OF 6,005 FEET OF WATER MAIN (UNDER THE CITY OF NIINNEAPOLIS 2014 PROGRAM) CITY PROJECT NO. 1403 Page Three CITY MANAGER BY: f"DATE: this is the most expensive pipe rehabilitation technique. Costs for mechanical cleaning and cement mortar lining can range from $50 to $65 per foot, depending on the pipe diameter and severity of buildup. A potential cost to the homeowner is the access and operability of the curb stop or water shut off valve at the property line. Consistent with our City Code, it is the homeowner's responsibility for the service line from the main in the street to the house. At the direction of the City Council, repairs and replacements of water service lines are publicly bid and those prices for repairs or replacements are extended to the homeowners if they so choose. The inspection of the curb stops should be completed this spring in the proposed program area. The work is conducted cooperatively where City forces provide all excavations, restorations and traffic control; Minneapolis provides temporary water services, reassembling the pipe and valves, disinfections of the new pipe, and contract administration; and a contractor (publicly bid by Minneapolis) provides the cleaning and lining of water mains. Based upon the past years program costs from the City of Minneapolis, staff is proposing a total 2014 program cost of $375,000 consistent with the amount established in the 2014 Water Construction Fund budget. RECOMMENDED MOTION: Move to waive the reading of Resolution 2014 -24, there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt Resolution 2014 -24 which accepts the Feasibility Report for the 2014 Water Main Cleaning and Lining Program and orders the Public Improvement for water main cleaning and lining of pipe totaling 6,005 lineal feet, under the City of Minneapolis Cleaning and Lining program for 2014. Attachments: Resolution 2014 -24 Feasibility Report 2014 Program Map COUNCIL ACTION: 56 RESOLUTION NO. 2014-24 BEING A RESOLUTION ACCEPTING THE FEASIBILITY REPORT FOR THE 2014 WATER MAIN CLEANING AND LINING PROGRAM AND ORDERING THE PUBLIC IMPROVEMENTS CITY PROJECT NO. 1403 WHEREAS, the City Council has initiated a water main cleaning and lining program under the City of Minneapolis' annual cleaning and lining program, and WHEREAS, a report has been prepared by the Director of Public Works with reference to the 2014 Water Main Cleaning and Lining Program, and WHEREAS, the 2014 Water Main Cleaning and Lining Program includes the following main segments: • Mulcare Drive from Pierce Terrace to Polk Place • Pierce Terrace from Polk Place to Polk Place /Pierce Terrace • 50th Avenue from Tyler Street to Fillmore Street • Buchanan Place from Fillmore Street to Pierce Terrace • Lincoln Terrace from Molan Terrace to Johnson Street • Fillmore Street from north of 49th Avenue to Pierce Terrace WHEREAS, the report provides information regarding whether the proposed project is feasible, necessary and cost effective, and Said report is hereby received by the City Council of Columbia Heights on April 14, 2014. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA 1. The Council will consider the improvement of such water mains in accordance with the report and the assessment of water services to abutting or benefited property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $375,000. 2. Such improvement is necessary, cost - effective, and feasible. 3. Such improvement is hereby ordered as proposed in the Council Resolution adopted 14th of April, 2014. 4. These improvements shall also be known as Project No. 1403 5. The City Engineer, Kevin Hansen, is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. Dated this 14th day of April 2014 Offered by: Seconded by: Roll Call: Carole J. Blowers Secretary Pro Tern Mayor Gary L. Peterson 57 City of Columbia Heights FEASIBILITY REPORT FOR 2014 WATER MAIN IMPROVEMENTS: Cleaning and Lining CITY PROJECT 1403 April, 2014 ENGINEERING DEPARTMENT 63738 th Avenue NE, Columbia Heights, AN 55421 763 - 706 -3700 % 763 - 706 -3701 (Fax) f$ LOCATION - 2014: WATER MAIN IMPROVEMENTS COLUMBIA HEIGHTS, MINNESOTA 2014 Cleaning and Lining PROJECT NUMBER 1403 • Lincoln Terrace from Molan Terrace to Johnson Street • 50th Avenue and Buchanan Place from Tyler Street to Pierce Terrace • Pierce Terrace from Polk Place to Polk Place /Pierce Terrace • Mulcare Drive from Pierce Terrace to Polk Place • Fillmore Street from Pierce Terrace to south of Lincoln Terrace IMPROVEMENTS: Water Main Cleaning and Lining= Dig access holes at approximately 600 foot intervals, mechanically clean existing water main, cement mortar lining of water main, open service taps, disinfect water line, new gate valves, traffic control and restoration. INITIATION: City. I-W.iI�i�Z. 1 Lincoln Terrace from Molan Terrace to Johnson Street: 19 501h Avenue and Buchanan Place from Tyler Street to Pierce Terrace: 46 Pierce Terrace from Polk Place to Polk Place /Pierce Terrace: 28 Mulcare Drive from Pierce Terrace to Polk Place: 15 Fillmore Street from Pierce Terrace to south of Lincoln Terrace: 17 ISSUES: The following is a study of the key project issues. Water Main Cleaning and Lining The existing water mains in the identified streets have been C- Factor tested and shown to be severely tuberculated. ` Tuberculation' is a problem affecting unlined cast iron water distribution pipes, which was common prior to 1962. Iron builds up over time on the inside walls of the water pipe and enters the distribution system causing color and sometimes odor problems. Although iron scale has a tendency to turn the color of the water yellow or light brown, it is not known to be a health risk by federally regulated standards. Aside from the aesthetic issues, severe tuberculation results in restricted flows. Correcting the problem typically involves either replacing the water main or cleaning and lining the affected segments in place. Replacing water main can be very expensive due to the street restoration costs where street segments are not otherwise programmed for reconstruction. Cleaning and lining offers a viable alternative where entire street segments are not disturbed and only access pits are required at 400 -600 foot intervals. Other factors, such as the condition of the pipe, soil conditions, and depth of cover should also be considered when evaluating cleaning and lining. 59 Water Curb Stop Access and Operability To perform the water main cleaning and lining project, it is necessary to have the curb stop box (water shut off valve) located on the water service accessible and operable (see attached diagram 1 depicting a water service). The necessity is driven by the process that once the line segment is cleaned and cement mortar lined, each individual service tap is covered with the cement mortar and needs to be `opened' to restore service. This is performed within a window of one hour after lining process by opening each curb stop and blowing water back into the line from the water service. Depending on the area and the age of the water service, some curb stops are either not accessible or do not work, requiring repair. FEASIBILITY: The proposed improvement project is necessary to clean, line, and restore adequate flow through segments of the water main distribution system. It is cost - effective without full street reconstruction, and technically feasible as prescribed in the construction recommendations found elsewhere in this report. The project and project elements should be implemented as proposed in this study. The improvements, once completed, will provide a benefit to the properties served. SCHEDULE: The water main cleaning and lining would be included with the existing City of Minneapolis annual program. Project construction is scheduled to begin in mid summer of 2014, with substantial completion occurring in the early fall of 2014. Council receives Feasibility Report and orders Public Improvement Project April 14, 2014 Bid Opening (Minneapolis ) Public Informational Meeting June 2014 Begin Construction July 2014 Construction Completed September 30, 2014 FINANCING: Financing would be 100% Water Construction Fund for the cleaning and lining of the main line and assessments for water service repairs. 2014 Water Main Cleaning and LininLy The estimated construction costs for the 2014 Cleaning and Lining project are as follows: 6,005 Lineal Feet: $375,000. Water Curb Stop Repair(s) The estimated construction costs for the 2014 curb stop repairs are as follows: Curb Box Repair (each): $ 905. Replace Curb Box and Stop (each): $ 1,200. Move Curb Box and Stop (each): $ 1,280. ASSESSMENT: The assessment will be based on a per service basis, based upon the actual cost to repair the individual water service. go PRIVATE WATER SERVICE Curb Box Lid House , Foundation ; Curb Box i Water Corporation Meter Stop Entrance Water Valve 1" Copper Pipe S Main — - Saddle Curb Stop 61 V / A3.7Nnf �W - CV) 4VlWtlfN38 - . MnN1Mtl a`i b `, m �1 • /" �a _. S3A VN _. W 0 i••1 i "ate.. s ! ~ •� co vx xis M M30d '77-. 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OZ'LL � 0444 L£LL o£ LL ° ° 0 vo :' � � OOOS SZLL ozL4 S£LL -- - -_ _ oz44 LZLL 8444 i c,4 o of lL s444 ® LOLL soLL ootl 0044 Lo44 0044 u c c o 4 J SLOL L90b -- o o •- S804 N o I f 09oL - 0904 ZSOL i o� Od o O6pL sso4 Lvo4 i ovoL 1 - OVol . - ' ,401 i . ® ®, sEOL - - - LZOL a 1 ti n 8 c a ,� m O O'O'O ° h vo ° o 'v v�' M M n h® OZOL - 00 0 :° OZOL E i J L80L £gp L ^ °° r.1�: p Ln w N m . vN OOOL ; c° N -- 1 N r O N O O cD J V / A3.7Nnf �W - CV) 4VlWtlfN38 - . MnN1Mtl a`i b `, m �1 • /" �a _. S3A VN _. W 0 i••1 i "ate.. s ! ~ •� co vx xis M M30d '77-. J WHIN37 0 n v s �— y r-7 cd x n--4z r z A, - V/ Atrsa3nrNn - oar i -- M O Ol C C J a N c m U d 7.. CITY COUNCIL LETTER Meeting of. April 14, 2014 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: AUTHORIZATION TO SEEK BY: K. Hansen BY: lL o BIDS NEI PROPERTY: SOIL BORINGS DATE: 4/8/14 DATE: AND SURVEY When considering land for development, whether new or redevelopment, there are common tasks that need to be completed early in the planning stage such as soil borings and a property survey. Soil borings are needed to examine soil bearing capacity for design, presence of any type of contamination, soil types for suitability in storm water design and reuse on the property, and presence of ground water. Property surveys are required to define the property boundary, establish the legal description of the property, for use in platting the property (if necessary), perform a title search to establish ownership, easements or legal recordings associated with the property, and for defining utilities on the property. This type of information is useful whether the property will be developed immediately or several years in the future. Recommended Motion: Move to authorize staff to seek bids for soil borings and a property survey at the 1.6 acre parcel north of 825 41 St Avenue (former NEI site). COUNCIL ACTION: 63 CITY COUNCIL LETTER Meeting of. April 14, 2014 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE: NO: DATE: April 9, 2014 BY: G/ BACKGROUND /ANALYSIS Attached is the business license agenda for the April 14, 2014 Council meeting. This agenda consists of applications for contractor licenses for 2014, a Cigarette Sales License, an Ice Cream Truck License, and a Wine /Beer license for a new restaurant at 3800 Central Avenue. At the top of the license agenda you will notice a phrase 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 April 14, 2014 as presented. COUNCIL ACTION: 64 TO CITY COUNCIL April 14, 2014 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES -2014 BLDG *Good News Htg/Kingsway PI *Friendly Htg & AC *Valley Rich Co. M & S Plumbing *Aix Mechanical *Refrigeration Services *River City *Aerotek Htg & AC Rick's Plumbing Inc *Van Winkle Plumbing *Heidelberger Enterprises *Quality Home Services Hertz Mechanical *H2C Inc Nick's Tree Service 451 Babcock Cir, Delano $60 13050 Arthur St. Rogers $60 147 N Jonathan Blvd, Chaska$60 2505 223r`t Ln, Cedar $60 16411 Aberdeen St, Ham Lk $60 4110 Central Ave, Col. Hts $60 8290 Main St, Fridley $60 34345 Quinton Ave, Center City $60 170122 l't Ave, Cedar $60 5430 Teal St, Big Lake $60 30132 105" St. Princeton $60 18315 Cty Rd 24, Plymouth $60 19561 Vernon St, Elk River $60 14605 Greenridge Ln, Burns $60 9000 Foxline Dr, Corcoran $60 CIGARETTE SALES RA Importer's Distributer 4044 Central Ave $300 (Abdi Ali) WINE /BEER LICENSE Marta Thai Inc. 3800 Central Ave $2,400 ICE CREAM/FOOD TRUCK Nafre Ice Cream 1000 Lynde Dr, Fridley $50 65 0 N Q G7� O QD H W W C„) O H W W Q U 7Q w H O W w O H H O Q W-4 F-' 0 r� V W Q O w Fes-, U U N U bA N > O U 'O U 4. 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The Comprehensive Plan guides this area as Commercial. The proposal for temporary outdoor sales is consistent with the intent of the City's Comprehensive Plan. The applicant is requesting to use a portion of the existing parking lot for outdoor spring plant and flower sales, beginning April 26 "'. The Columbia Heights Frattallone's Ace Hardware location has not had outdoor spring plant and flower sales in the past because Linder's Greenhouse operated a sales area in conjunction with the former Rainbow Foods store. Due to the fact that Rainbow Foods has closed its Columbia Heights location, and Linder's Greenhouse has gone out of business, Frattallone's Ace Hardware now sees opportunity and potential in operating outdoor garden sales at this site. RECOMMENDATION: Staff recommends that the City Council approve the Interim Use Permit effective until July 31St, 2014 for temporary outdoor sales subject to conditions of approval outlined below. 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. 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. 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. 76 RECOMMENDED MOTIONS: MOTION: Move to close the public hearing and waive the reading of Resolution 201423, there being ample copies available to the public. MOTION: Move to adopt Resolution 2014 -23, being a resolution for an Interim Use Permit for the proposed temporary outdoor sales for Frattallone's Ace Hardware, located at 4340 Central Ave. N>a., 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. Attachments: Resolution 2014 -23 Applicants Auarrotive Location Map COUNCIL ACTION: 77 RESOLUTION NO. 2014-23 RESOLUTION APPROVING AN INTERIM USE PERMIT FOR TEMPORARY OUTDOOR SATES AT FRATTALLONE'S ACE HARDWARE -4340 CENTRAL AVE. NE. COLUMBIA HEIGHTS WHEREAS, a proposal (Case #2014 -0402) has been submitted by Leslie DeLisi, representing Frattallone's Ace Hardware to the City Council requesting an Interim Use Permit approval from the City of Columbia Heights at the following site: ADDRESS: 4340 Central Avenue LEGAL DESCRIPTION: On file at City Hall, THE APPLICANT SEEKS THE FOLLOWING PERMIT: Interim Use Permit for temporaiy outdoor sales from April 26'1' to July 31 S', 2014. WHEREAS, the City Council held a public hearing as required by the City Zoning Code on April 14th, 2014. Representatives from FrattaIlone's Ace Iardware had first contacted the City after the April P1amling and Zoning Commission meeting submittal deadline. A public hearing is required in order to issue an Interim Use Permit. To accommodate Ace Hardware's preferred opening date, staff recommended that the public hearing be held at the April 14'x' City Council meeting. WHEREAS, the City Council has considered the advice and recommendations of the City staff 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: 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, 1 The use will not impose hazards or disturbing influences on neighboring properties. 4. The use will not substantially diminish the use of property 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 pernnit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void after July 31St, 2014. 78 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. 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. Passed this 14"' day of April, 2014 Offered by: Seconded by: Roll Call: Attest: Mayor Gary L. Peterson Carole J. Blowers Secretary Pro Tern 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 79 Frattallone's ACE Hardware 3527 Lexington Ave N Arden Hills, MN 55126 We are applying for the use of a portion of the parking lot for a temporary garden center. It would be similar in size to the Linder's structure that occupied the area in front of the former Rainbow Foods. We believe it would be compatible with the existing businesses and welcomed by the surrounding community. Thank you for your consideration. 80 Elizabeth Holmbeck From: leslie frattallones.com <leslie @frattallones.com> Sent: Tuesday, April 08, 2014 12:47 PM To: Elizabeth Holmbeck Subject: Garden Center Hi Elizabeth, The dimensions of the Polytex portable merchandising structure we would like to use are 84'x21'. This should be included with the Google map included with the application. Thank you, Leslie DeLisi Frattallone's ,ACE Hardware 1 81 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting; of April 14th, 2014 AGENDA SECTION: Public Hearings ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Community Development APPROVAL ITEM: Approve Conditional Use Permit for BY: Elizabeth Holmbeck BY: operation of a Religious Facility for Iglesia DATE: April 7th, 2014 i Pentecostal Unida -4230 Central Ave. NE. BACKGROUND: At this time Enrique Pimentel, representing Iglesia Pentecostal Unida is seeking a Conditional Use Permit (CUP) to allow a religious facility at 4230 Central Ave. NE. The proposed religious facility requires a CUP in the LB, Limited Business Zoning District. The Comprehensive Plan guides this area as Commercial. Allowing a religious facility to operate small group counseling is consistent with the City's Comprehensive Plan. The applicant is requesting to use the existing office space to operate a non - profit church that provides small group counseling to members of the community during religious meetings. The group consists of around eight people currently, and the applicant said if the group grew to a larger size, a different location would most likely be appropriate in the future. At the present time the group meets three times a week on Tuesday evenings, Saturday evenings, and Sunday mornings. RECOMMENDATION: The Planning and Zoning Commission held a Public Hearing on April 1st, 2014 and recommended approval with a unanimous vote with three conditions listed in the staff report. 1. The nature of the use associated with this facility shall be limited to small group gatherings. 2. If membership grows to 50 or more members, the applicant must contact the Building Official to discuss possible Building Code and Fire Code issues. The Building Official, in coordination with the Fire Department, may require structural modifications to the building at that time. 3. If parking becomes an issue the applicant shall submit a transportation plan to staff to address parking alternatives RECOMMENDED MOTIONS: MOTION: Move to close the public hearing and waive the reading of Resolution 2014 -20, there being ample copies available to the public. MOTION: Move to adopt Resolution 2014 -20, being a resolution for a Conditional Use Permit for the proposed operation of a religious facility for Iglesia Pentecostal Unida, located at 4230 Central Ave. NE., 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. Allachruents: Resolution 2014 -20, Planning Repay, Applicant's Narrative, Pictures, Localion :l1ap COUNCIL ACTION: 83 RESOLUTION NO. 2014-20 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A RELIGIOUS FACILITY AT 4230 CENTRAL AVENUE NE WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2014 -0401) has been submitted by City Staff to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 4230 Central Avenue NE LEGAL DESCRIPTION: On file at City Hall. TIIE APPLICANT SEEKS TIIE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.110 (D), to allow a religious facility to operate in the Limited Business (LB) Zoning District WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on April 1", 2014; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use permit 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 tine, 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 use is one of the conditional 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 distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 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. The use and property upon which the use is located are adequately served by essential public facilities and services 84 7. Adequate measures have been or will betaken to minimize traffic congestion on the public streets and to provide for appropriate on -site circulation of traffic. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one 1 calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: i . The nature of the use associated with this facility shall be limited to small group gatherings. 2. If membership grows to 50 or more members, the applicant must contact the Building Official to discuss possible Building Code and Fire Code issues. The Building Official, in coordination with the Fire Department, may require structural modifications to the building at that time. 3. If parking becomes an issue the applicant shall submit a transportation plan to staff to address parking alternatives. Passed this 14'1' day of April 2014 Offered by: Seconded by: Roll Call: Ayes: Nays: Attest: Carole J. Blowers Secretary Pro Tem 85 Mayor Gary L. Peterson CITY OF COLUMBIA (HEIGHTS CASE NUMBER: 2014 -0401 DATE: March 25th, 2014 TO: Columbia Heights Planning Commission APPLICANT: Enrique Pimentel 2520 Silver Lane NE Apt. #305 St. Anthony, M N 55421 DEVELOPMENT: Iglesia Pentecostal Unida LOCATION: 4230 Central Avenue NE REQUEST: Conditional Use Permit for Religious Facility PREPARED BY: Elizabeth Holmbeck, Community Development Associate INTRODUCTION Enrique Pimentel, representing Iglesia Pentecostal Unida, is seeking a Conditional Use Permit to operate a religious facility at 4230 Central Ave. NE. A religious facility requires a Conditional Use Permit in the Limited Business District per code Section 9.110 (D) (3) (a). The applicant is requesting to use the existing office space to operate a non - profit church that provides small group counseling to members of the community during religious meetings. The group consists of around eight people currently, and the applicant said if the group grew to a larger size, a different location would be appropriate in the future. At the present time the group meets three times a week on Tuesday evenings, Saturday evenings, and Sunday mornings. ZONING ORDINANCE The property located at 4230 Central Ave. NE is located in the Limited Business (LB) Zoning District. Adjacent properties to the north, south and east zoned General Business (GB) and Limited Business (LB), and properties to the east are zoned One and Two Family (R -2A) Residential. COMPREHENSIVE PLAN The Comprehensive Plan guides this area as Commercial. Allowing a religious facility to operate small group counseling is consistent with the City's Comprehensive Plan. 86 City of Columbia Heights Planning Commission _ April 1st, 2014 Iglesia Pentecostal Unida- Conditional Use Permit W ~ Case # 2014 -0401 FINDINGS OF FACT Section 9.104 (H) of the Zoning Ordinance outlines nine conditions that must be met in order for the City Council to grant a Conditional Use Permit. They are as follows: (a) The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. Religious Facilities are specifically listed as a Conditional Use in the Limited Business (LB) Zoning District. (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan designates this area for Commercial use. The applicant will be using the space as a meeting place for counseling, which is a compatible use to commercial. (c) The use will not impose hazards or disturbing influences on neighboring properties. The proposed use will not result in additional noise, odor or vibration and should not disrupt neighboring properties. (d) The use will not substantially diminish the use of property in the immediate vicinity. The use of property in the immediate vicinity will not be diminished by adding a small religious facility. (e) 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. There will be no physical changes to the appearance of the existing building to accommodate religious facility. (fJ The use and property upon which the use is located are adequately served by essential public facilities and services. This is correct. (g) 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. Page 2 87 City of Columbia Heights Planning Commission _ April 1st, 2014 Iglesia Pentecostal Unida- Conditional Use Permit Case # 2014 -0401 The proposed religious facility is not anticipated to create traffic issues. If parking becomes an issue, staff reserves the right to request a transportation plan from the applicant. (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. There is no anticipated negative cumulative effect associated with the addition of the religious facility. (i) The use complies with all other applicable regulations for the district in which it is located. This is correct. RECOMMENDATION Staff recommends approval of the proposed Conditional Use Permit for a religious facility at 4230 Central Ave NE, Motion: The Planning Commission recommends that the City Council approve the Conditional Use Permit for a religious facility located at 4230 Central Avenue NE 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. The nature of the use associated with this facility shall be limited to small group gatherings. 2. If membership grows to SO or more members, the applicant must contact the Building Official to discuss possible Building Code and Fire Code issues. The Building Official, in coordination with the Fire Department, may require structural modifications to the building at that time. 3. If parking becomes an issue the applicant shall submit a transportation plan to staff to address parking alternatives. ATTACHMENTS ■ Draft Resolution ■ Location Map ■ Applicant's Narrative ■ Pictures Page 3 88 Dear City of Columbia Weights: AAM Through this letter we introduce ourselves as an entity that wants the best for the community to help them become better person. We are a nonprofit organization whose purpose is to help the community to become better citizens and heads of households, as well as helping young people out of vices like drugs and alcohol. To be better- workers, proceeding with a good attitude to his superiors and to be honest, to pay taxes, and be responsible in all their actions. We are a group not more than eight people, who meet on Tuesdays at 7:00 pm. Saturdays at 7:00 p.m. Sundays at 11:00 am The space has been provided to us by the owner to perform our Christian meetings, without any cost. The places have 1,400 sq. feet long. We send you a picture for that place that we are using right now. Thank you. Sincerely, Pastor Enrique P rne'ntel 89 F l *i4 AV AV f f 1 I I '1 'T F_ ; � w s bbbbm,. 1, - Ll f I , XN 4. �i ti.� ,ri,S • • is y 1 e t N �z�. < ,�s ., �:.. -�` �. -rr. '• ' � ►�'� Y � r 4 �J. '. *` s ... . ' �;. ��: ,� r,. p.w •,M t:1 4230 Central Avenue NE Iglesia Pentecostal Unicla Scale -1 600 ActiA Photo. Flown Springy 2011 95 LU A LO CI4 04 'IT CITY COUNCIL LETTER Meeting o£ April 14, 2014 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: Public Hearing Community Development APPROVAL ITEM: Emergency Ordinance No. 1614 Tobacco BY: Scott Clark BY: License Moratorium DATE: April 7, 2014 Background: On March 31, 2014 a tobacco license was voluntarily surrendered back to the City which leaves one of the available five licenses to be applied for by the market. Due to the fact that the surrendered license was associated with a problematic hookah lounge, staff views that it is appropriate to review and study the impacts that the issuance of tobacco licenses are having on the community. Per State law the City has the right to establish a moratorium to study such matters and the action before the Council is an emergency moratorium that would be in place until October 12, 2014, or a period shover if the study and any subsequent amendments are made. As is the case with any moratorium, the issues to be studied should be stated within the Ordinance and Section 6 articulates the same. Recommendation: Staff recommends Emergency Ordinance No. 1614 as written with the knowledge that this document has been reviewed and approved for language by the City Attorney. Since this is an Emergency Ordinance no second reading has to take place. Recommended Motion: MOTION: Move to waive the reading of Ordinance No. 1614, there being an ample amount of copies available to the public. MOTION: Move to adopt Emergency Ordinance No. 1614, being an Ordinance establishing an Emergency Moratorium for the purpose of protecting the planning process and the health, safety, and welfare of City residents and regulating the establishment of smoke shops in all commercial districts. Attaclu,nents: Ordinance No. 1614 COUNCIL ACTION: 96 EMERGENCY ORDINANCE NO. 1614 AN INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY, AND WELFARE OF CITY RESIDENTS; AND REGULATING SMOKE SHOPS IN ALL COMMERCIAL DISTRICTS The City of Columbia Heights does ordain: Section 1: Oil May 29, 2001, the City of Columbia Heights adopted Ordinance 1428, which is an ordinance relating to and establishing a Zoning and Development plan and revised Zoning Map for the City of Columbia I-[eights; and, Section 2: Ordinance 1428 and subsequent amendments is officially known as the Columbia Heights Zoning and Development Ordinance; and, Section 3: The Columbia Heights Zoning and Development Ordinance divides the City into five commercial districts, three business districts, and two industrial districts, one mixed development district; and, Section 4: The three commercial districts are further classified in the Columbia Heights Zoning and Development Ordinance as LB, Limited Business District, GB, General Business District, and CBD, Central Business District; and, Section 5: To date, the City of Columbia Heights has established the capacity to have rive licensed smoke shops. To date, a number of issues have arisen from these establishments ranging from general public nuisances to severe public safety considerations. In addition, the advent of new smoking products commonly referred to as e- cigarettes and related e- tobacco products are not addressed within the Zoning Ordinance nor the City's licensing process, and, Section 6: The City Council determines it is necessary to undertake a land use study to determine the impact of a high concentration of smoke shops on the economic vitality of the city, including specifically defining what a smoke shop is, defining the term sampling, where smoke shops may be located throughout the City, how close smoke shops uses may be from one another, whether licensing requirements should be altered specifically for -smoke shops including the actual number of licenses to be granted, compliance with State law relevant to smoking of various and sundry products and studying and implementing definitions and other related provisions for e- tobacco products; and, Section 7: The Columbia Heights City Council finds it necessary and appropriate to prohibit the expansion of existing smoke shops and the introduction of new smoke shops within the City, while the information is gathered regarding smoke shops so as to obtain an accurate depiction of the effects such uses have in Columbia Heights; and, Section 8: Minnesota Statues, Section 462.355, Subd. 4 allows the City of Columbia Heights to adopt this Interim Ordinance to protect the planning process. The City Council finds that adoption of this Interim Ordinance will protect the planning process and the health, safety and welfare of its citizens while the study provided for in this Ordinance is being conducted; and, Section 9: The Columbia Heights City Council hereby imposes a moratorium on smoke shops in the LB, Limited Business District, GB, General Business District, and CBD, Central Business District effective immediately for the duration of six months, terminating on October 12, 2014, and recognizing said time period may be shortened by an ordinance adopted by the City Council. 97 Section 10: Activities affected by this moratorium include the establishment of smoke shops and the expansion of existing smoke shops within the LB, GB and CBD Commercial Districts in the City of Columbia Heights for the purpose of protecting the planning process pending completion. Section 11: This Ordinance shall be in full force and effect immediately. Offered by: Seconded by: Roll Call: Date of Passage: Carole Blowers Secretary Pro -Tem Mayor, Gary L. Peterson 98