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HomeMy WebLinkAbout02-23-2015OFFICIAL PROCEEDINGS CITY OF COLUMBIA CITY COUNCIL MEETING FEBRuARY 23,2015 THE FOLLOWING ARE THE MINUTES FOR THE REGULAR MEETING OF THE CITY COUNCIL HELD AT 7:00 PM ON MONDAY FEBRUARY 23, 2015 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 7:03 pm. 2. ROLL CALL Present: Mayor Peterson, Councilmembers Nawrocki, Schmitt, Williams and Murzyn Jr. Also Present: Walt Fehst, City Manager; Jim Hoeft, City Attorney; Kevin Hansen, Director of Public Works; Joe Kloiber, Finance Director; Gary Gorman, Fire Chief; Katie Bruno, Council Secretary 3. INVOCATION Invocation provided by Dan Thompson Heights Church 4. PLEDGE OF ALLEGIANCE - The Pledge of Allegiance was 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.) 6. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS Mayor Peterson announced that Tom Rostman, known as Dr. Q will be in attendance at a free event at Jimmy's Billiards on Central Ave. 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 February 9, 2015. MOTION: Approve the work session minutes of February 2, 2015 B. Accept Board and Commission Meeting Minutes MOTION: Move to accept the Library Board minutes of January 7, 2015. C. Approval of the attached list of rental housing licenses. MOTION: To approve the attached list of rental housing licenses. Page 2of8 D. Authorize the Capital Equipment Replacement of Unit #35 Water Truck *Removed for Discussion E. Award of Site -Civil Engineering Services for the New City Library Project No. 1410 *Removed for Discussion F. Resolution 2015 -19 Authorizing a Brokerage Account with TD Ameritrade Institutional and an Investment Advisory Agreement with Ehlers Investment Partners *Removed for Discussion G. Approval of Premises Permit Application for Columbia Heights Athletic Boosters to conduct charitable gambling activities at El Tequila Mexican Grill and Bar, 4005 Central Avenue NE MOTION: Move to approve the Premises Permit Application for the Columbia Heights Athletic Boosters to conduct legal gambling activities at El Tequila Mexican Restaurant, 4005 Central Avenue NE, and to direct the City Manager to sign the Premises Permit Application verifying the City's approval. H. Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for February 23, 2015 as presented. I. Payment of Bills *Removed for Discussion Councilmember Nawrocki requested items D, E, F and I be removed for discussion. Motion by Councilmember Nawrocki, seconded by Councilmember Williams to approve Consent Agenda items A, B, C, G and K All Ayes, Motion Carried. The following items were removed for discussion: D. Authorize the Capital Equipment Replacement of Unit #35 Water Truck Public Works Director Kevin Hansen explained that the City has been using its current water tank truck since the early 1970s. The shop supervisor rebuilt the truck in 2000, expecting a five year extension of use; the truck has lasted 15 years. Councilmember Schmitt requested City Staff differentiate between maintenance and repair costs in the future. Motion by Councilmember Murzyn, Jr, seconded by Councilmember Williams to authorize the replacement of Unit #35 and purchase of one (1) 2016 International 4300 chassis with a Cummins diesel engine from Astleford International for $68, 086.20 plus tax off the State of Minnesota Purchasing Contract. Move to also authorize the purchase of one (1) water tank rear engine and pump to be installed by Ruffridge- Johnson Equipment Company for a cost of $53,665. 00. All Ayes, Motion Carried. E. Award of Site -Civil Engineering Services for the New City Library, Project No. 1410 Councilmember Nawrocki questioned why the staff recommendation was not for the lowest bidder. Public Works Director Kevin Hansen explained that RFP responses were split between Page 3 of 8 qualifications and fees. Five proposals were received. Director Hansen reported that the highest overall ranking firm was Hammel, Green & Abrahamson, Inc. (HGA) Councilmember Schmitt asked why MWMO's recommendation was not considered. Director Hansen suggested the MWMO may look at the proposals differently than the City. Motion by Councilmember Schmitt, seconded by Councilmember Williams to award the Site- Civil- Landscaping Engineering Services for the new City Library, Project No. 1410, to the firm of HGA, Inc. of Minneapolis, Minnesota, based on their highest ranked proposal for a cost not -to- exceed $79,765 appropriated from Fund 450 -51410 -3050. All Ayes, Motion Carried. F. Resolution 2015 -19 Authorizing a Brokerage Account with TD Ameritrade Institutional and an Investment Advisory Agreement with Ehlers Investment Partners Councilmember Nawrocki asked what the reason is for the account. City Manager Fehst reported it is required to address any possible conflict of interest issues. Finance Director Joe Kloiber explained that in July 2014 the Federal Government changed the law regarding how a municipality can invest bond proceeds; they can no longer be invested in a commission based brokerage. Director Kloiber reported that we received quotes from 3 vendors, the lowest being from Ehlers Investment Partners. Councilmember Nawrocki questioned the amount of interest being earned. Director Kloiber stated the money was moved to a savings account in July 2014, earning about 1/3 %; about $20,000 net in interest income. Motion by Councilmember Schmitt, seconded by Councilmember Williams to waive the reading of Resolution 2015 -19, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Schmitt, seconded by Councilmember Williams to Adopt Resolution 2015 -19, authorizing a brokerage account with TD Ameritrade Institutional and an investment advisory agreement with Ehlers Investment Partners. All Ayes, Motion Carried. L Payment of Bills Councilmember Nawrocki questioned the bill received form American Engineering. Director Kloiber explained that was split between the soil boring testing for the library, and Silver Lake Pond. Councilmember Nawrocki questioned the bill from Home Drywall & Construction. Director Kloiber reported that was for drywall installation in the Community Development office. Councilmember Nawrocki questioned the bill from Initial Defense. Director Kloiber reported that was for cultural competence training for police officers. Motion by Councilmember Nawrocki, seconded by Councilmember Schmitt to Move that in accordance with Minnesota Statute 412.271, subd. 8, the City Council has received the list of claims paid covering check 155708 through 155865 in the amount of $ 408,488.14. All Ayes, Motion Carried. S. PUBLIC HEARINGS A. Adopt Resolution 2015 -16, 4830 Jefferson St NE being a declaration of nuisance and abatement of violations within the City of Columbia Heights. Page 4 of 8 Motion by Councilmember Williams, seconded by Councilmember Nawrocki to close the public hearing and to waive the reading of Resolution Number 2015 -16, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Williams, seconded by Councilmember Nawrocki to adopt Resolution Number 2015 -16, being a resolution of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the properties pursuant to City Code section 8.206 All Ayes, Motion Carried. B. Adopt Resolution 2015 -17, 4030 Quincy Street N.E., being a Resolution of the City Council of the City of Columbia Heights approving rental license revocation for failure to meet the requirements of the Property Maintenance Codes. Fire Chief Gary Gorman reported that the license for the property was revoked in the fall of 2013. It was recently determined that the property is being rented again, without a license. Gorman indicated that the tenant will have 45 days to vacate the premises. Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. to close the public hearing and to waive the reading of Resolution Number 2015 -17, being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Williams, seconded by Councilmember Nawrocki to adopt Resolution Number 2015 -17, 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 listed. All Ayes, Motion Carried. 9. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations a. Adopt Resolution No. 2015 -18 being a Resolution Accepting Bids and Awarding a Contract for the LaBelle Park Improvements, Project No. 1306 Director of Public Works, Kevin Hansen gave an overview of the proposed project. Hansen reported the bids came in substantially under the engineers estimate. The project includes the removal of the boardwalk, shoreline restoration, and the replacement of the current basketball court with a shelter and patio overlook. The low bid, along with the add alternates was 29.5% under the engineers estimate. The bid amount was $378,000. The project will be largely funded though the MWMO. Councilmember Nawrocki asked for a breakdown of funding. Director Hansen reported that the MWMO will fund up to $250,000, the Park Development Fund $75,000, and the storm water utility was bonded for $100,000. Councilmember Schmitt requested clarification on a completion date referenced of September 11, 2016, that was determined to be an error, the substantial completion date is August 1, 2015. Councilmember Nawrocki asked if we will receive the maximum amount of $250,000 from the MWMO. Director Hansen explained the funding was approved based on the estimated cost, and based on the bid tab; it may be about $25,000 less. Page 5 of 8 Motion by Couneilmember Williams, seconded by Couneilmember Schmitt to waive the reading of Resolution 2015 -18, there being ample copies available to the public. All Ayes, Motion carried. Motion by Councilmember Williams, seconded by Councilmember Schmitt to adopt Resolution 2015 -18 being a resolution accepting bids and awarding the LaBelle Park Improvement Project, City Project No. 1306, including Alternates A, B, C and D to Odesa II LLC of Sauk Rapids, Minnesota based upon their low, qualified, responsible bid in the amount of $378,953.75 with funds to be appropriated from Fund 412 -51306 -5185; and, furthermore, to authorize the Mayor and City Manager to enter into a contract far the same. All Ayes, Motion carried. C. New Business and Reports 10. ADMINISTRATIVE REPORTS Report of the City Manager City Manager Fehst announced there will be an informational open house on Wednesday February 25t" regarding the proposed splash pad at Huset Park. Manager Fehst commended Director of Community Development, Joe Hogeboom for noting a couple of errors in recent newspaper articles, one reporting the Starlight Motel as being in the City of Columbia Heights. The second error regarding the statement made that Columbia Heights "has no logo." The upcoming EDA agenda will include discussion regarding an application by Dominium, an update from Jim McComb regarding commercial health of the community, as well as discussing the branding campaign. Director of Public Works, Kevin Hansen explained the upcoming worksession will include discussion regarding Building CIP, and an update regarding building orientation of the new library. Councilmember Nawrocki commented on the finance section of the recent Greensheet, regarding revenue sharing, noting the assumption was made that the community would have supported expenses associated with continuing without revenue sharing. Report of the City Attorney Nothing to report. 11. CITIZENS FORUM There were no citizens desiring to speak. Mayor Peterson reported that the recent Fire & Ice Polar Plunge was a great success. Preliminary numbers indicate approximately $4,500 was raised for SACA. 12. ADJOURNMENT Mayor Peterson reminded residents to remember our servicemen and women, and to try to enjoy life, and to do a random act of kindness. Mee$ing adjourned at 7:55 p.m. At .., Respectively Submitted Katie Bruno, City Clerk/Council Secretary Page 6 of 8 RESOLUTION NO 2015 -16 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 Behaitu Desta (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 4830 Jefferson St 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 January 9, 2015. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on November 20, 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 January 7, 2015 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 February 3, 2015 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. Miscellaneous outside storage, garbage and/or debris throughout property. Items under tarps or makeshift lean -to not acceptable. 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 4830 Jefferson St 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 4830 Jefferson St 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. Page 7 of 8 RESOLUTION NO 2015 -17 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Walter Azizi (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 4030 Quincy Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on January 13, 2015 of a public hearing to be held on February 23, 2015. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about January 13, 2015 inspection office staff sent a letter requesting the owner of the property to submit a rental license application and schedule a rental inspection for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on February 2, 2015 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to -wit: a. Failure to schedule a rental property inspection. b. Failure to submit a rental license application and fees. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL The rental license belonging to the License Holder described herein and identified by license number F12290 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. RESOLUTION NO 2015 -18 RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE LA BELLE PARK IMPROVEMENT PROJECT, CITY PROJECT NO. 1306 WHEREAS, pursuant to an advertisement for bids for City Project No. 1306, LaBelle Park Improvement Project, bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Bidder Odesa II LLC Base Bid $303,729.75 Alternates Base Bid + Alternates $ 75,224.00 $378,953.75 Page 8 of 8 G.L. Contracting Inc. $310,997.40 $107,932.60 $418,930.00 Blackstone Contractors, Inc. $329,608.10 $105,654.00 $435,262.10 Fitol -Hintz Construction, Inc. $343,151.95 $ 87,697.75 $430,849.70 Sunram Construction, Inc. $356,069.20 $105,698.50 $461,767.70 Peterson Companies, Inc. $399,997.35 $ 94,706.77 $494,704.12 Pember Companies, Inc. $455,456.02 $109,205.50 $564,661.52 New Look Contracting, Inc. $508,789.25 $ 97,073.75 $605,863.00 WHEREAS, it appears that Odesa II LLC, 9003 Mayhew Lake Road NE, Sauk Rapids, Minnesota is the lowest responsible bidder; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Odesa II LLC in the name of the City of Columbia Heights, for LaBelle Park Improvements, City Project No. 1306, according to plans and specifications therefore approved by the Council. 2. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made with their bids except the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been signed. City Project No. 1306 shall be funded with Park Capital Improvement Funds, RESOLUTION NO 2015 -19 AUTHORIZING A BROKERAGE ACCOUNT WITH TD AMERITRADE INSTITUTIONAL AND AN INVESTMENT ADVISORY AGREEMENT WITH EHLERS INVESTMENT PARTNERS WHEREAS, The City of Columbia Heights intends to establish custodial accounts with TD Ameritrade Institutional for cash and investment securities, and to contract with Ehlers Investment Partners for investment advice in regard to said accounts and securities; and WHEREAS, The City of Columbia Heights, TD Ameritrade Institutional, and Ehlers Investment Partners, each require certain clarification of the authority within the City of Columbia Heights in regard to such accounts and securities; THEREFORE, IT IS HEREBY RESOLVED, that the Finance Director and the City Manager of the City of Columbia Heights are hereby fully authorized and empowered to open a TD Ameritrade Institutional brokerage account, transfer, endorse, sell, assign, set over and deliver any and all shares of stocks, bonds, debentures, notes, evidences of indebtedness, or other securities now or hereafter standing in the name of or owned by this City, to purchase stocks, bonds, debentures, notes, evidences of indebtedness, and other securities, and to make, execute, and deliver, under the City seal of this City, any and all written instruments necessary or proper to effectuate the authority hereby conferred. BE IT FURTHER RESOLVED, that the Finance Director and the City Manager of the City of Columbia Heights are hereby fully authorized to make, execute, and deliver, under the City seal of this City, an investment advisory agreement with Ehlers Investment Partners.