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HomeMy WebLinkAbout09-22-2014 RegularOFFICIAL PROCEEDINGS CITY OF i' COUNCIL CITY SEPTEMBER 22, 2014 THE FOLLOWING ARE THE MINUTES FOR THE REGULAR MEETING OF THE CITY COUNCIL HELD AT 7:00 PM ON MONDAY SEPTEMBER 22, 2014 IN THE CITY COUNCIL CHAMBERS, CITY HALL, 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MINNESOTA 1.CALL TO ORDER Mayor Peterson called the meeting to order at 7:00 pm. 2.ROLL CALL Present: Councilmembers Schmitt, Diehm, Nawrocki, Williams, Mayor Peterson Also Present: Walt Fehst, City Manager; Jim Hoeft, City Attorney; Kevin Hansen, Public Works Director; Gary Gorman, Fire Chief, Katie Bruno, Council Secretary. 3.INVOCATION Invocation provided by Dave Briley, Oak Hill Baptist Church 4.PLEDGE OF ALLEGIANCE Recited 5.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.) Mayor Peterson announced that item 8B would be removed, as the applicant has complied with the requirements. 6.PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS Mayor Peterson reported that Chief of Police Scott Nadeau will be returning September 23rd from the FBI Academy. Mayor Peterson announced Saturday September 27th, the Fire Departemnt will be hosting an open house from 11:00 AM -2:00 PM. It was also announced that "Gateway to the Heights" will be Saturday, September 27th form 12:00 -3:00 PM, at the former Mady's site. City Manager Fehst reported that the City is seeking input from residents regarding future development planning for the area. 7.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 September 8, 2014 B. Accept Board and Commission Meeting Minutes Accept minutes of the August 6, 2014 Library Board Meeting. C. Approval of the attached list of rental housing licenses MOTION: Move to approve the items listed for rental housing license applications for September 22, 2014 in that they have met the requirements of the Property Maintenance Code, D. Reissue rental license MOTION: Move to issue a rental housing license to Brad Truong to operate the rental property located at 5005 7th Street N.E. in that the provisions of the Property Maintenance Code have been complied with. E. Award of Professional Engineering Services for the 49th Avenue Turn Lane, Municipal Protect No. 1415. Removed for discussion. F. Adopt Resolution 2014 -67 being a Resolution Establishing- Amount of City Share and Amount of Special Assessments on Projects to be Levied. Removed for discussion. G. Approve Final Payment for 2014 State Aid Streets Overlay, Project No. 1405 MOTION: Move to accept the work for 2014 State Aid Streets Overlay, City Project No. 1405, and authorize final payment of $15,846.87 to Northwest Asphalt, Inc. of Shakopee, Minnesota. K Approve Business License Applications. Removed for discussion. I. Authorization of Capital Equipment Replacement of Unit #134. Removed for discussion. J. Authorization of Capital Equipment Replacement of Unit #234. Removed for discussion. K. Payment of Bills MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8, the City Council has received the list of claims paid covering check number 153800 through 153978 in the amount of $ 746,941.90. Motion by Councilmember Diehm, seconded by Councilmember Schmitt to approve items A, B, C, D, G and K on the Consent Agenda. Motion passed unanimously. The following items were removed for discussion: E. Award of Professional Engineering Services for the 49th Avenue Turn Lane, Municipal Project No. 1415. Councilmember Nawrocki expressed concern with the quick turn- around of the bid award, in addition to the high cost of the bids received. Director Hansen explained that this was an invite only bid process, and that Federal Aid projects tend to come in about 22 -30% higher than the engineer's estimate. Councilmember Schmitt stated she was pleasantly surprised at the bids, noting in the past similar work was more expensive. Director Hansen stated that there are time constraints, as the grant came in late in the year, and timing was an issue. Hansen reported the bids are responsible good bids for the proposed project. Councilmember Nawrocki questioned if the City of Hilltop will be paying for a portion. Director Hansen stated that Hilltop will pay for any right -of -way, or city property costs. Councilmember Nawrocki stated he is not in agreement with the policy of not assessing residents on a federally funded project, when the City recently changed their policy on state aid roads. Director Hansen responded the difference is that this project proposes adding a lane due to capacity issues; not an improvement due to road condition. Nawrocki questioned why the County is not funding the project. Director Hansen reported that staff has met with the County, and while they support the project, it does not fit into their identified projects. Mayor Peterson commented that the proposed improvements will benefit Columbia Heights, providing a safer environment for the students traveling to and from the schools in the area. Motion by Councilmember Diehm, seconded by Councilmember Schmitt to award the 49th Avenue Turn Lane Improvements, Municipal Project No. 1415, to the consulting engineering firm of Bolton & Menk based upon their qualified, responsible proposal for a cost not -to- exceed $39,680 appropriated from Fund 402 -51415 -3050. Ayes: Mayor Peterson, Councilmembers Schmitt, Williams and Diehm. Nay: Councilmember Nawrocki. 4 Ayes, I Nay; Motion Carried. F. Adopt Resolution 2014 -67 being a Resolution Establishing Amount of City Share and Amount of Special Assessments on Projects to be Levied Motion by Councilmember Diehm, seconded by Councilmember Williams to waive the reading of Resolution 2014 -67, there being ample copies available for the public. Motion passed unanimously. Councilmember Nawrocki stated his disagreement with assessing cost to residents on a State Aid street. Motion by Councilmember Diehm, seconded by Councilmember Williams to adopt Resolution 2014 -67 being a resolution establishing amount of City share and amount of special assessments on projects to be levied. Ayes: Mayor Peterson, Councilmembers Schmitt, Williams and Diehm. Nay: Councilmember Nawrocki. 4 Ayes, 1 Nay; Motion Carried, H. Approve Business License Applications Councilmember Nawrocki questioned the process the applicants complete in order to obtain the peddlers license. The City Attorney explained the licensing provides the City a way to contact the applicant if necessary. Mayor Peterson noted any window replacements would subsequently be inspected by the Building Inspector. Motion by Councilmember Diehm, seconded by Councilmember Williams to approve the items as listed on the business license agenda for September 22, 2014, as presented. Ayes: Mayor Peterson, Councilmembers Schmitt, Williams and Diehm. Abstain: Councilmember Nawrocki. 4 Ayes, I Abstention; Motion Carried. I. Authorization of Capital Equipment Replacement of Unit #134. Councilmember Nawrocki noted the vehicle scheduled to be replaced has 60,000 miles, suggesting that the vehicle should still be useful. Director Hansen clarified that this vehicle will be passed down to the parks department, to be used in a lighter capacity. Motion by Councilmember Diehm, seconded by Councilmember Williams to to authorize the replacement of Unit #134 and the purchase of one (1) new Ford 250 R2C Cargo Fran Medium Rooffrom Midway Ford in the amount of $29,296 Funding shall be equally from the Sewer and Water Capital Equipment Replacement Fund, funds 432 - 49499 -5150 and 433 - 49449 -5150. Ayes: Mayor Peterson, Councilmembers Schmitt, Williams and Diehm. Nay: Councilmember Nawrocki. 4 Ayes, I Nay; Motion Carried. J. Authorization of Capital Equipment Replacement of Unit #234. Mayor Peterson commented that vehicles are started frequently, and more than mileage is considered when evaluating life expectancy. Councilmember Nawrocki asked if this was a replacement or an additional vehicle. Director Hansen clarified that this vehicle will be passed down to the streets department. Motion by Councilmember Diehm, seconded by Councilmember Schmitt to authorize the replacement of Unit #234 and the purchase of one (1) new Ford F250 4x4 ($28,110) with a Western V -plow ($5,112) for a total of $33,222 from the State of Minnesota Purchasing contract. Funding shall come from the Parks Capital Equipment Replacement Fund 432 - 45200. Ayes: Mayor Peterson, Councilmembers Schmitt, Williams and Diehm. Nay: Councilmember Nawrocki. 4 Ayes, 1 Nay; Motion Carried. 8. PUBLIC HEARINGS A. Adopt Resolution 2014 -66, 3865 Tyler Street ME, being a declaration of nuisance and abatement of violations within the City of Columbia Heights. Fire Chief Gary Gorman reported that the vacant property has vegetation growing out of the gutters. Councilmember Nawrocki reported he drove by the property, and did not see anything growing from the gutters. Chief Gorman stated that the issue may have been addressed. Motion by Councilmember Diehm, seconded by Councilmember Williams to close the public hearing and to waive the reading of Resolution Number 2014 -66 there being ample copies available to the public. Motion passed unanimously. Motion by Councilmember Diehm, seconded by Councilmember Williams to adopt Resolution Number 2014 -66, being a resolution of the City Council of the City of Columbia Heights declaring the property listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206 Motion passed unanimously. 9. ITEMS FOR CONSIDERATION None 10. ADMINISTRATIVE REPORTS Report of the City Manager City Manager Fehst reported that complaints have been received regarding Intermaco Auto Service 4839 University Ave. for excessive car storage. Fehst reported the City has recommended the owner provide screening to obstruct the view. Manager Fehst reported staff will be bringing recommendations to the council regarding the 6 month moratorium on smoke shops in October. Councilmember Nawrocki asked for an update regarding Ostrander Park. Kevin Hansen responded that the City has been waiting for a long time for the concrete contractor to pour the perimeter curbing. Hansen reported the City is currently seeking bids for a new contractor. Councilmember Nawrocki questioned if Preferred One's recent withdrawal from the MNsure program will affect the health insurance coverage for the City of Columbia Heights participants. City Manager Fehst reported that he does not see this affecting the City of Columbia Heights. Councilmember Nawrocki asked for an update on the building at 40th and Central. City Manager Fehst reported that the developer did not get their application approved by the Met Council, it was noted that they have an application in with the MN Housing Finance Agency for tax credits. Fehst assumes if that is favorable they will attempt to obtain gap financing to continue with the project. Manager Fehst reported the developer inquired with the City to see if there would be interest in building a library on the first level. Nawrocki expressed concern with relocating the Northeast Bank. Fehst clarified that the developer and the City would like the bank to stay. Councilmember Nawrocki asked for an update on the building at 40th and University. City Manager Fehst reported that the contractor /developer has submitted two applications to the health department. The contractor has indicated they will obtain a Building Permit by Friday, September 26th. Manager Fehst stated that they are working on the property. Councilmember Nawrocki asked for an update on the building at 666 40th Ave. Manager Fehst noted this has been addressed in recent Greeensheets, and he would need to check on the abatement process. Councilmember Nawrocki suggested the City be careful not to schedule ant City events for the same day as the Anoka County quarterly meeting. Councilmember Nawrocki asked if the seat vacated by Eileen Evans will be filled. City Manager Fehst indicated that Mr. Evans has expressed interest. Councilmember Nawrocki stated he would like to see the opportunity available to all residents. Councilmember Nawrocki asked if staff has looked at ways to decrease the proposed 2015 budget as he requested at a recent meeting. City Manager Fehst indicated that those questions can be addressed at the forthcoming scheduled budget meetings. Councilmember Nawrocki asked Manager Fehst about the recent ICMA Conference. Manager Fehst responded that he attended a number of meetings and that the quality of the education was excellent. 11. CITIZENS FORUM No citizens requested to speak. Mayor Peterson encouraged all to remember our servicemen and women, and to consider doing a random act of kindness. 12. ADJOURNMENT Meeting adjourned at 7:58 p.m. but&&— Respectively Submitted Katie Bruno, City Clerk Resolution No. 2014 -66 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Olojan Gonzalo (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 3865 Tyler Street N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September 4, 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 I . That on July 24, 2014 an inspection was conducted on the property listed above. Inspectors found violations. A compliance order was sent via regular mail to the owner at the address. 2. That on September 4, 2014 inspectors re- inspected the property listed above. Inspectors noted that violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on September 10, 2014 inspectors re- inspected the property and found that violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall clean out the gutters — vegetation growing in gutters. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 3865 Tyler Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 3865 Tyler Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Resolution No. 2014 -67 BEING A RESOLUTION ESTABLISHING AMOUNT OF CITY SHARE AND AMOUNT OF SPECIAL ASESSMENTS ON PROJECTS TO BE LEVIED WHEREAS, the City Council of the City of Columbia Heights by motion on the 8th day of September, 2014, ordered a special assessment hearing to levy the cost of improvements and; WHEREAS, the following projects will be specially assessed in October, 2014, and a portion of the costs may be borne by the City, NOW THEREFORE BE IT RESOLVED pursuant to Minnesota Statutes 429.061, and City Code 4.103, that the breakdown is as follows: . "� ESTIMATED ASSESSED NEW ESTIMATED CITY PORTION BRIGHTON PORTION . O 2014 Street Rehabilitation - State Aid Overlays, Project $ 27,720 $ 80,810 $ 48,720 $157,250 1405 2014 Street Rehabilitation - $ 137,610 - -- - -- $1 37,610 State Aid Overlays, Project 1405 State Aid, General, Capital, and Utility Funds