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HomeMy WebLinkAbout05-11-2015OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MAY 11, 2015 The following are the minutes for the Regular Meeting of the City Council held at 7:00 pm on Monday, May 11, 2015 in the city Council Chambers, City Hall 590 40th Avenue NE, Columbia Heights, Minnesota 1. CALL TO ORDER Mayor Peterson called the meeting to order at 7 pm. 2. APPOINT SELLEY HANSON, ACTING SECRETARY Motion by Williams, seconded by Schmitt to appoint Shelley Hanson, Acting Secretary for this meeting. All ayes. MOTIONPASSED. 3. ROLL CALL: Present: Mayor Peterson, Councilmembers Nawrocki, Schmitt, Williams, Murzyn Jr. Also Present: Walt Fehst, City Manager; Jim Hoeft, City Attorney; Kevin Hansen, Public Works Director; Joe Kloiber, Finance Director; Loren Wickham, Asst. Community Development Director; Elizabeth Holmbeck, Associate Planner; and Shelley Hanson, Acting Secretary. 4. INVOCATION Invocation provided by Max Richter, Community United Methodist Church 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 A. Public Works Week Proclamation -Mayor Peterson read the proclamation for Public Works Week. 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 the Consent Agenda approval will be taken up as the next order of business). City Council Minutes Page 2 May 11, 2015 A. Approve Minutes of the City Council MOTION: Move to approve the minutes of the City Council meeting April 27, 2015 B. Accept Board and Commission Meeting Minutes MOTION: Move to accept the EDA minutes of March 2, 2015 MOTION: Move to accept the EDA minutes of April 6, 2015 MOTION: Move to accept the HRA minutes of January 27, 2015 MOTION: Move to accept the Draft Planning & Zoning minutes of May 5, 2015 MOTION: Move to accept the Draft Charter Commission minutes of April 16, 2015 MOTION: Move to accept the Public Arts Commission minutes of April 1, 2015 C. Approve Resolution 2015 -36 regarding the 2015 -2016 Collective Bar aining Agreement between the City of Columbia Heights and the International Association of Firefighters, Local #1216. MOTION: Move to waive the reading of Resolution 2015 -36 there being ample copies available to the public. MOTION: Move to adopt Resolution 2015 -36, regarding the Collective Bargaining Agreement between the City of Columbia Heights and the International Association of Firefighters, Local #1216, Effective January 1, 2015- December 31, 2016. D. Approve Resolution 2015 -37 regarding the 2015 -2016 Memorandum of Understanding between the City of Columbia Heights and the Public Manager's Association. MOTION: Move to waive the reading of Resolution 2015 -37 there being ample copies available to the public. MOTION: Move to adopt Resolution 2015 -37, regarding the Memorandum of Understanding between the City of Columbia Heights and the Public Manager's Association, Effective January 1, 2015- December 31, 2016. E. Approve Resolution 2015 -38 regarding the City Manager's Compensation and Benefits - pulled from Consent agenda. F. Approve Resolution 2015 -39 regarding Seasonal and Temporga Employee ge Adjustments MOTION: Move to waive the reading of Resolution 2015 -39 there being ample copies available to the public. City Council Minutes Page 3 May 11, 2015 MOTION: Move to adopt Resolution 2015 -39, regarding Seasonal and Temporary Employee Wage Adjustments. G. Approve Final Plans and Authorization to Seek Bids for the 49th Avenue Turn Lane Construction, City Project 1415. MOTION: Move to accept the final plans prepared by Bolton & Menk, Inc. and authorize staff to seek bids for the 49th Avenue Turn Lane construction, City Project No. 1415. H. Approve Permits for the 2015 Jamboree. MOTION: Move to authorize staff to close Huset Pkwy for the time period from Tuesday afternoon, June 23 through Sunday, June 28, 2015. MOTION: Move to authorize the Police Department to issue a parade permit for the Jamboree Parade to be held on Friday, June 26, 2015, beginning at 6:00 pm for the following streets; Central Avenue from 45th Avenue to 40th Avenue, west on 40th Avenue to 5t1i Street and 5t1i Street to Mill Street. MOTION: Move to authorize fireworks at dusk on Saturday, June 27, 2015 and to waive the Fire Department fireworks display permit fee. I. Authorization to Seek Bids for Library Bid Package #1: Site Grading, Environmental Remediation and Site Utilities - pulled from Consent Agenda J. Approve Final Plans and Authorization to Seek Bids for Huset Park Splash Pad, City Project 1512- pulled from Consent Agenda K. Authorization to Purchase Splash Pad Equipment for Huset Park- pulled from Consent Agenda L. Adopt Resolution 2015 -42 Accepting Feasibility port and Authorizing Cleaning and Lining of 7,000 Feet of Water Main (Under the City of Minneapolis 2015 Program), City Project No. 1503- pulled from Consent Agenda City Council Minutes Page 4 May 11, 2015 M. Accept Proposals and Award a Contract for Professional Services: Owner's Representation for Construction of the New Library - pulled from Consent Agenda N. Minor Amendment to LaBelle Park Master Plan - pulled from Consent Agenda O. Approve Change Order #1 for 2014 Storm Sewer Improvement Project at Jackson Pond, City Project #1308 - pulled from Consent Agenda P. Installation of a 2 -way Stop signs on 42ND Ave and 7th St, stopping on 42ND Ave. MOTION: Move to install two -way "STOP" signs at the intersection of 42ND Avenue and 7t" Street, stopping east and west bound traffic on 42nd Avenue, as recommended by the Traffic Commission. Q. Annual declaration that the City of Columbia Heights does not waive the monetary limits on municipal tort liability under Minnesota Statutes, section 466.04. MOTION: Move to declare that the City of Columbia Heights does not waive the monetary limits on municipal tort liability under Minnesota Statutes, section 466.04. R. Resolution 2015 -41 establishing limited clean up and property damage protection for sewer back -ups and water main breaks for water and sewer customers. - pulled from Consent Agenda S. Resolution 2015 -44 approving a contract with Columbia Park Medical Group for municipal parking ramp maintenance and appropriating the related expenditures in the 2015 budget for Special Projects Fund 226. - pulled from Consent Agenda T. Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for May 11, 2015 as presented. U. Pavment 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 156585 through 156745 in the amount of $ 948,065.68. Motion by Williams, seconded by Murzyn, to approve the Consent Agenda items. All ayes. MOTION PASSED. City Council Minutes Page 5 May 11, 2015 E. Approve Resolution 2015 -38 regarding the City Manager's Compensation and Benefits Nawrocki stated the Council used to do an Annual Review of the City Manager's performance and this hasn't been done for several years. He thinks one should be done before an increase is made on his compensation and benefit package. Fehst said his pay is in line with other cities of similar size and his contract requires an increase similar to that given to other employees. He went on to say that he believes all the City Departments are functioning well and goals set by the EDA have been met for the most part. Schmitt said she felt the goals set by the EDA are to guide the City Council in their decisions. Fehst responded that the goals are established for both the Council and him so that direction can be given to staff to accomplish the goals. Schmitt stated that the increase seems like a fair amount, but she would like to get a comparison of City Manager's salaries in other cities. She also thought a policy for an annual review and increase should be established prior to his retiring. Motion by Williams, seconded by Schmitt, to waive the reading of Resolution 2015 -38 there being ample copies available to the public. All ayes. MOTIONPASSED. Motion by Williams, seconded by Schmitt to adopt Resolution 2015 -38, regarding the City Manager's compensation and Benefits for January 1, 2015- December 31, 2016. Roll Call: Ayes- Murzyn, Williams, Schmitt, Peterson Nays: Nawrocki MOTION PASSED. 1. Authorization to Seek Bids for Library Bid Package #1: Site Grading, Environmental Remediation and Site Utilities- Kevin Hansen explained that we are on an aggressive bid schedule as the City would like to be in the new building by the end of May 2016. He reviewed the Site Plan with the Council for the 22,600 sf building and surrounding site including access points, location of sewer and water services, storm water holding areas, and the need for soil remediation. He told members that 4 feet of clean fill will be needed under Council Minutes Page 6 May 11, 2015 the storm water areas and that 2 feet of clean fill is needed under the building before the capping can be done. He wants to go out for bids this week for this work. Nawrocki asked what the cost estimate is for this work. Hansen stated that it would be about 1.1 million for the utility prep, environmental and grading work. Motion by Williams, seconded by Murzyn, to authorize staff to seek bids for Bid Package #1 for the new library: site grading, environmental remediation, and site utilities. All ayes. MOTIONPASSED. J. Approve Final Plans and Authorization to Seek Bids for Huset Park Splash Pad, City Project 1512 Hansen stated that the Council had previously authorized staff to replace the wading pool with a splash pad. The plans and specs are done and ready to bid out. He told members that $400,000 is allocated in the budget for the 3,000 sf splash area. There will be two areas for varying ages and that the blacktop walking path will be relocated to surround the play area. A new 4" water service off Mill Street will be installed to supply the splash area. The estimated cost for this work is $350,000. Motion by Williams, seconded by Schmitt, to accept the final plans prepared by Stantec Consulting Services and authorize staff to seek bids for the Huset Park splash pad, City Project 1512. Ayes: Murzyn, Williams, Schmitt, Peterson Nays: Nawrocki MOTION PASSED. K. Authorization to Purchase Splash Pad Equipment for Huset Park Hansen said he would like to order the equipment so it is here when the ground and utility work is complete so it can be installed and be ready to use for the summer season. Motion by Williams, seconded by Schmitt, to authorize the purchase of splash pad equipment for Huset Park in the amount of $119,215 plus freight off the National Purchasing Partners Government contract. Ayes: Murzyn, Williams, Schmitt, Peterson Nays: Nawrocki MOTION PASSED. City Council Minutes Page 7 May 11, 2015 L. Adopt Resolution 2015 -42 Accepting Feasibility port and Authorizing Cleaning and Lining of 7,000 Feet of Water Main (Under the City of Minneapolis 2015 Program), City Project No. 1503 Hansen explained to members that it has been City policy to clean and line water mains whenever possible as it costs about half of what a new line and street restoration cost. He said this gives another 30 -40 years of life to the existing system. Hansen reviewed the areas that would be done this year after testing was done to determine which ones would qualify. If there has been damage to the old line due to breaks or if the ground has settled too much, new lines have to be installed. The City generally lines about 4,500 -5,000 of pipe each year, but this year they have targeted 7,000 lineal feet to be cleaned and lined. He explained this is a large project for one year and that staff will do a lot of the work to keep costs down. Hansen said the re- lining costs between $55 -$65 /foot compared to new lines and street work which would cost approximately $1204140 /foot. Schmitt asked about water lines in the area of Hilltop. Hansen said we do not have any water lines running from Hilltop to our residents. Columbia Heights has one water line going to one of the schools for Fire Protection only. Motion by Williams, seconded by Nawrocki, to waive the reading of Resolution 2015- 42, there being ample copies available for the public. All ayes. MOTION PASSED. Motion by Williams, seconded by Nawrocki, to adopt Resolution 2015 -42 which accepts the Feasibility Report for the 2015 Water Main Cleaning and Lining Program and orders the Public Improvement for water main cleaning and lining of pipe totaling 7, 000 lineal feet, under the City of Minneapolis Cleaning and Lining program for 2015. All ayes. MOTIONPASSED. M. Accept Proposals and Award a Contract for Professional Services: Owner's Representation for Construction of the New Library Hansen explained the RFP's that were sent out for someone to protect the City's interest during the construction process of the new Library. This company would assist on the final design, help choose and coordinate contractors, work with the Architects, assist with the project close out, start -up of equipment and any warranty issues that may arise. Staff ranked the five companies that submitted proposals. Council Minutes Page 8 May 11, 2015 Hansen presented members with a copy of the rankings for various categories which are detailed in the RFP. They looked at past experience and their ability to save us money based on past similar projects. Based on the analyzed bids, staff recommends awarding the bid to ICS, even though they are not the low bid. Fehst asked how this is different from the Construction Manager that was used for the Public Safety Building. Hansen said the Company used for the Public Safety Bldg acted as the General Contractor and coordinated all the sub - contractors. This project will have a General Contractor so this position would be the first point of contact for the City, rather than Kevin Hansen, once they are hired. They would be responsible for coordinating efforts and protecting the City's best interests. Nawrocki pointed out that ICS is $9,000 higher than Amcon. Hansen said that ICS has more experience with municipal projects. They have done City Halls and Libraries before, so he feels this company would be the best consultant for our project. Williams stated that he trusted Hansen's logic in analyzing the different companies' qualifications and respected that and will agree with his recommendation. Peterson said cheapest bid is not always the best bid. Other factors must also be considered. Often times the cheapest bid takes longer or incurs numerous change orders which increase the initial cost. Motion by Williams, seconded by Murzyn, to award Owner's Representation Services for the new city library, Project No. 1410, to the firm of ICS based upon their qualifications for a cost not -to- exceed $117, 000 appropriated from Fund 450- 51410- 3050. All ayes. MOTION PASSED. N. Minor Amendment to LaBelle Park Master Plan Kevin Hansen told members that a small playground on Circle Terrace was approved as part of the LaBelle Park Master Plan. In 2014 staff purchased additional property on Circle Terrace with possible plans to add a small multi use building on that block. The Park & Recreation Commission recommended adding the two lots to the Park System and amending the Master Plan. This would allow for the playground, a sport court, and the addition of a future building if funding can be found. Council Minutes Page 9 May 11, 2015 Nawrocki asked what it will cost. Hansen said the amendment doesn't cost anything. The playground and sport court will cost about $35,000455,000 and a 1,200 sf multi use building would range between $80,000- $120,000. He said one possible use would be a Police sub - station so there is more Police presence in the area. Schmitt said that Keith Ellison's office has been contacted for possible Federal funding. Hogeboom told members that funding is not available until the lots are added to the Master Plan. So this amendment is the preliminary step that must be taken in order to apply for funding options. Motion by Williams, seconded by Schmitt, to approve a minor amendment to the LaBelle Park Master Plan based on a recommendation fi°om the Park & Recreation Commission. All ayes. MOTIONPASSED. O. Approve Change Order #1 for 2014 Storm Sewer Improvement Project at Jackson Pond, City Project #1308 Hansen explained that four issues came to light during this project that resulted in a change order for an additional cost of $91,083 which will come from the Storm Water Fund. 1. Contaminated muck removal that was deeper than originally thought. 2,188 yards had to be removed rather than the estimated 1,800 yards. 2. Pipe modification had to be done once the site was excavated. 3. There was a sanitary sewer located under a storm sewer and the pipe was cracked and had to be replaced. 4. The roadway had to be repaired and temporarily surfaced on 441h Avenue. The roadway keeps settling so permanent re- surfacing will be delayed. Motion by Williams, seconded by Schmitt to approve Contract Change Order No. I for the 2014 Storm Sewer Improvement, Project 1308, to Peterson Companies, Inc of Chisago City, Minnesota in the amount of $91,083.28 for a new contract amount of $939,228.02. All ayes. MOTION PASSED. R. Resolution 2015 -41 establishing limited clean up and property damage protection for sewer back -ups and water main breaks for water and sewer customers. Council Minutes Page 10 May 11, 2015 Joe Kloiber told members that the no fault insurance coverage the city carries for sewer back -ups will be modified. Kloiber explained there is a small pool of cities that carry this coverage and the League has found that the costs are too high due to the high number of claims versus the low number of cities that pay for the insurance. The League has chosen to change the language of the policy to limit the number of claims they will pay for. They will no longer pay for claims that occur during 100 year storms, or for more than 4 inches of rain in a 24 hour period. He explained that the language is accurately depicted in the Resolution. Kloiber state that homeowners can obtain their own coverage if they choose. Schmitt asked how many claims the City generally has. Kloiber told her 2 or 3 a year at the most. Members asked Hansen how much rainfall we had last year. He said he didn't recall the exact amount but it was classified as a 100 year storm. Peterson asked if citizens know the parameters of this coverage, and questioned how we generally let them know. He thought citizens should be told that coverage is changing. Kloiber agreed this was a good idea and said something could be put in the next City Newsletter and possibly on the website. Motion by Williams, seconded by Schmitt, to waive the reading of Resolution 2015- 41, there being ample copies available to the public. All ayes. MOTIONPASSED. Motion by Williams, seconded by Schmitt, to adopt Resolution 2015 -41, establishing limited clean up and property damage protection for sewer back -ups and water main breaks for water and sewer customers. All ayes. MOTIONPASSED. S. Resolution 2015 -44 approving a contract with Columbia Park Medical Group for municipal parking ramp maintenance and appropriating the related expenditures in the 2015 budget for Special Projects Fund 226. Wickham told members the new agreement would be effect until 2019. He told members the old agreement was with Fairview and now that Columbia Park Medical Group has purchased the ramp a new agreement needs to be approved. Wickham reviewed the minor changes to the agreement but the overall cost to the City remains Council Minutes Page 11 May 11, 2015 close to what the existing agreement is. Nawrocki asked how much it costs the City annually in maintenance fees. Wickham said it generally costs between $22,000- $25,000 each year. Motion by Nawrocki, seconded by Williams, to waive the reading of Resolution 2015- 44, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Nawrocki, seconded by Williams, to adopt Resolution 2015 -44, being a resolution approving contract with Columbia Park Medical Group for municipal parking ramp maintenance and appropriating the related expenditures in the 2015 budget for Special Projects Fund 226 All ayes. MOTION PASSED. 8. PUBLIC HEARINGS 1. Resolution approving Variances for the property located at 3828 Quincy Street NE. Holmbeck explained the request to the members. She told them there are two variances being requested -one for location of the structure and the other for setbacks. She reviewed the conditions of the variances and the action recommended by the Planning & Zoning Commission. Nawrocki asked if the existing garage was being removed. She told him yes. Public Hearing Opened. -No one wished to speak on this matter. Public Hearing was closed. Motion by Nawrocki, seconded by Williams, to waive the reading of Resolution 2015 -32, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Nawrocki, seconded by Williams, that the Planning and Zoning Commission recommends the City Council approve the Variances for the property located at 3828 Quincy Street NE. All ayes. MOTIONPASSED. Council Minutes Page 12 May 11, 2015 2. Resolution approving a Minor Subdivision for the property located at 1417 43''d Avenue NE. Holmbeck reviewed the reason for defining this as a Twin Home rather than a condo. The members had no questions. Public Hearing was Opened. -No one wished to speak on this issue. Public Hearing was closed. Motion by Williams, seconded by Murzyn, to waive the reading of Resolution 2015 -34, there being ample copies available to the public. All ayes. MOTIONPASSED. Motion by Williams, seconded by Murzyn, that the Planning and Zoning Commission recommends the City Council approve the Minor Subdivision for the property located at 1417 43 "d Avenue NE. All ayes. MOTIONPASSED. A. Other Ordinances and Resolutions 1. Consider Authorizing Staff to Negotiate a Cable Franchise with CenturvLink. Mike Bradley, attorney representing the City on Cable Franchise matters was present. He told members that a Public Hearing was held in March and the time for comments has now expired. He, therefore, prepared a report which is available upon request. The next step would be to enter into negotiations with Century Link. Motion by Nawrocki, seconded by Williams, to receive the enclosed Report and direct staff to negotiate a cable communications franchise with CenturyLink consistent with the Report. All ayes. MOTIONPASSED. B. Bid Considerations 1. Adopt Resolution 2015 -43 being a Resolution AccgptingLBids and Awarding a Contract for the 2015 Miscellaneous Utility pairs and Installations, City Project 1511. Hansen explained this is an annual process to award a contract for miscellaneous utility work that needs to be done. He told members that storm sewer work and a manhole needs to be done on 44t1' Avenue in preparation of the Mill and Overlay City Council Minutes Page 9 May 11, 2015 project being done on that street this year. The addition of a water service for the splash pad and the drainage system to the pond is also work that will be included. Schmitt asked if the water used at the Splash Pad could somehow be reused to water the surrounding park area. Hansen thought that was a good idea and will contact the Watershed District to see how this can be accomplished. Motion by Williams, seconded by Schmitt, to waive the reading of Resolution 2015- 43, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Williams, seconded by Schmitt, to adopt Resolution 2015 -43 being a resolution accepting bids and awarding the 2015 Miscellaneous Utility Repairs and Installations, City Project No. 1511, including Splash Pad Alternate with 4" DIP water service to G.L. Contracting, Inc., based upon their low, qualified, responsible bid in the amount of $238, 706.50 from Fund 415 - 51511 -5185; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. All ayes. MOTION PASSED. 2. Adopt Resolution 2015 -40 being a Resolution Accepting Bids and Awarding a Contract for the 2015 Miscellaneous Concrete Repairs and Installations, City Project 1500. This also is an annual process for a variety of curb /gutter work, driveways, sidewalks, and other flat area repairs. Hansen explained that we received two bids this year. Last year we only got one and that contractor was unable to perform all the work and another contractor had to be hired at year end. Hansen also told members that concrete prices have increased since last year. Motion by Williams, seconded by Schmitt, to waive the reading of Resolution 2015- 40, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Williams, seconded by Schmitt, to adopt Resolution 2015 -40 being a Resolution accepting bids and awarding the 2015 Miscellaneous Concrete Repairs and Installations, City Project No. 1500, to New Look Contracting, Inc., based upon their low, qualified, responsible bid in the amount of $56,508. 00 from Fund 415- 51500 -4000; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. All ayes. MOTION PASSED. Council Minutes Page 14 May 11, 2015 C. New Business and Reports Gary & Elaine Larson from 4027 5th Street sent a letter regarding how Boulevard trees are being trimmed by the Utility Company under power lines. They also questioned whether the trees marked are being removed. Fehst told the Council that the City has established an Ash Tree Program and trees are being checked to see if they can be treated or if they will eventually be removed. We are in the 2nd year of the program. Hansen said there are approximately 450 trees in City Parks and Right of Ways. About 30 trees per year are being treated and 100 trees a year are being removed. Those marked will not be treated, they will be removed. Fehst said the trees will be replaced with a better variety taking into consideration they are located under power lines. The Larson's had suggested moving the power lines or burying them. Fehst said that is cost prohibitive and is not an option. Staff will contact the Larsons. Nawrocki noted the good publicity in the Sun Focus regarding the clean up along Central Avenue by the Kiwanis Club. He acknowledged appreciation of this and also noted that the Lions Club also deserved recognition for cleaning up along University Avenue. Nawrocki said he had read the minutes from the Public Arts Commission and learned that they would be asking for funding from the City. He said he was under the impression when this Commission was formed that it would not be city funded. Fehst said the city is not budgeting funds for the Commission but they may ask for funding or support from time to time. He said the Commission is aware that they must seek funding elsewhere but could possibly come to the city for other support or to match funding they do get. He explained that they may need a commitment from the City so they qualify for the other funding. Schmitt used the possible mural on the side of the Heights Theater as an example. Nawrocki brought up the letter received from Mr. Simula of 1700 49th Avenue regarding his request to have the Council reconsider a Point of Sale Program because of what he experienced when he bought his house a couple years ago. Fehst said this was discussed at a recent HRA Commission meeting and that the general consensus was not to reconsider this type of program. Fehst then explained that what Mr. Simula experienced was actually fraud and is a Civil Matter to be settled in the Courts between him and the seller of the property. The Seller had done a lot of work on the house, without permits, that affected the structural integrity of the house. Nawrocki felt the Seller and whoever did the work got off without any consequence to there. Peterson said the only way people have to protect themselves is to make sure they hire licensed contractors who get permits and have inspections so that they can go back to the State for restitution if something goes wrong. He said buyers should always check to see what permits have been pulled and if they question whether something was done Council Minutes Page 15 May 11, 2015 up to code to get someone qualified to determine that prior to actually purchasing the property. • At the last meeting Nawrocki asked the Police Dept to include a crime map in their report. They did so for this meeting, however, he said the symbols are too small for him to read. He asked if it can be larger. • At the last meeting, Nawrocki asked about expenditures for Trips /Outings for the last 3 months. Fehst said that information had been provided to him, but he will make sure he gets another copy. • Nawrocki noted that Heights Happenings had told citizens they could expect a 3.25% increase in their taxes due to that same increase in the budget being approved. He said that Citizens actually incurred a 6 -10% increase in their property taxes. Fehst said that other factors enter into what the property tax figure actually is. Fiscal Disparities changed, estimated market values increased, and the formulas for homestead exemptions also changed. He said some people got an increase in the 2% range and others did see increases up to 10% depending on the value of their home. • Nawrocki stated that $30,000 had been spent on the recent logo/branding campaign. He said that figure is not accurate when you figure in staff time that has been spent on this project, not to mention the time spent to inform all City employees on how this will be implemented. Fehst said there is a reason that cities and corporations do this. They want a recognizable identity and a positive image. While Mr. Nawrocki claims to have received negative feedback, he has received very positive feedback and that something this simple does a lot to improve our City's image. Williams acknowledged the new logo that Mayor Peterson had embroidered on his suit jacket and how far that will go in promoting our City. 10. ADMINISTRATIVE REPORTS Report of the City Manager -Fehst had nothing to report. Report of the City Attorney-Mr. Hoeft had nothing to report. 11. 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). City Council Minutes Page lb May 11, 2015 Jeremy Herman, 1303 45 '/2 Avenue NE -also a Pastor at Christ Life Church on 45th and University Ave was present to address the council on a couple matters. 1. He would like to be involved in the community, both as an individual or as part of his church community. 2. He believes Keyes Park has been neglected. He reported that the slide is broken and there are sharp plastic pieces that could be dangerous. Mayor Peterson told him Public Works will check it out tomorrow and have it removed or repaired if possible. He also encouraged Mr. Herman to attend a Park & Rec meeting to share his thoughts on Keyes Park so they make the Park a priority for future equipment replacement. 3. Peterson also suggested he join the local ministerial association and he would be called upon to help at City meetings. 4. Herman thanked Nawrocki for always looking after the taxpayer's dollars. He said it gives a checks and balance look to each decision made as the Council tries to improve the City as a whole. Zlll�►f � 1 lliil it The meeting was adjourned at 9:27 pm. Respectfully submitted, Shelley Hanson Acting Secretary 2015 -32 1. ! 1 1 0 ! .!, I ! k i 41 1 : : ! IlLmonvinji WHEREAS, a proposal (Case # 2015 -0502) has been submitted by Jerold Lemire to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 3828 Quincy Street NE. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: 1) Waiver to Section 9.106 (C) (1) (c)- allowing an accessory structure (detached) to be located next to a principal structure. 2) Waiver to Section 9.109 (C)- allowing an addition to the principal structure to be located within 4 feet of the side property line. WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on May 5, 2015; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: 1. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause practical difficulties in conforming to the zoning ordinance. The applicant, however, is proposing to use the property in a reasonable manner not permitted by the zoning ordinance. 2. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. 3. The practical difficulties are caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. 5. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. FURTHER, BE IT RESOLVED, that the attached plans, maps, and other information shall become part of this variance and approval; and in granting this variance the city and the applicant agree that this variance 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. RESOLUTION APPROVING i' SUBDIVISION FOR COLUMBIA WHEREAS, a proposal (Case #2015 -0503) has been submitted by Eric Simonson to the City Council requesting Minor Subdivision approval from the City of Columbia Heights at the following site: ADDRESS: 1417 43rd Ave. NE. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING: A Minor Subdivision for the property located at 1417 43rd Avenue NE. WHEREAS, the Planning and Zoning Commission has held a public hearing as required by the City Zoning Code on May 5th 2015; WHEREAS, the Planning and Zoning Commission has considered the advice and recommendations of the City staff regarding the effect of the proposed Minor Subdivision 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 Planning and Zoning Commission of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings: 1. The proposed subdivision of land will not result in more than three lots. 2. The proposed subdivision of land does not involve the vacation of existing easements. 3. All lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located. 4. The proposed subdivision does not require the dedication of public rights -of -way for the purpose of gaining access to the property. 5. The property has not previously been divided through the minor subdivision provisions of this article. 6. The proposed subdivision does not hinder the conveyance of land. 7. The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. 8. The proposed subdivision meets all of the design standards specified in Section 9.115. FURTHER, BE IT RESOLVED that the attached conditions, survey, and other information shall become part of this Minor Subdivision and approval; and in granting this Minor Subdivision the city and the applicant agree that this Minor Subdivision shall become null and void if the subdivision has not been filed with the Anoka County Recorder's Office within one (1) calendar yjear after the approval date. CONDITIONS ATTACHED: The Planning Commission approves the Minor Subdivision for 1417 43'-d 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 applicant shall be responsible for filing the approved subdivision survey and driveway easement with the Anoka County Recorder's Office. The approved minor subdivision will become invalid if the subdivision is not filed with the Anoka County recorder's Office within one year of the date of City Council action. 2. The fire separation walls must be maintained in the present state. 2015 -36 A RESOLUTION APPROVING A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF COLUMBIA HEIGHTS AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL #1216 WHEREAS, negotiations have proceeded between the International Association of Firefighters (IAFF), Local #1216, representing the full time firefighters, and members of the City's negotiation team; and WHEREAS, said negotiations have resulted in a mutually acceptable collective bargaining agreement for calendar years 2015 and 2016; and WHEREAS, changes to the current agreement are hereby attached as Exhibit A, and a copy of said collective bargaining agreement is available for inspection at the Office of the City Manager and is made a part hereof by reference. NOW THEREFORE, BE IT RESOLVED that the collective bargaining agreement as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 2015 and 2016 for IAFF bargaining unit employees of the City; and BE IT FURTHER RESOLVED that the Mayor and City Manager are hereby authorized to execute this collective bargaining agreement. i Iii REGARDING MEMORANDUM BETWEEN THE CITY OF COLUMBIA HEIGHTS AND THE PUBLIC MANAGERS' ASSOCIAX-MIJ BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights that: WHEREAS, negotiations have proceeded between the Public Managers' Association, representing Division Heads of the City, and members of the City negotiating team, and said negotiations have resulted in a mutually acceptable Memorandum of Understanding for calendar years 2015 and 2016; WHEREAS, changes to the current Memorandum of Understanding are attached, and a copy of the 2015 -2016 Memorandum of Understanding is available at the Office of the City Manager and is made a part hereof by reference. NOW, THEREFORE, BE IT RESOLVED, that the Memorandum of Understanding as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 2015 and 2016 for the Public Managers' Association bargaining unit employees of the City. BE IT FURTHER RESOLVED that the Mayor and City Manager are hereby authorized to execute this agreement. F I'KESOLUTION REGARDING WHEREAS, in previous years, the City Manager has received an adjustment in compensation and benefits consistent with that given to the management employees. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Columbia Heights does hereby make the following modifications to the City Manager's compensation and benefits, consistent with pay adjustments and benefits granted other management employees: Effective January 1, 2015: 2.25% pay adjustment Effective January 1, 2016: 2.5% pay adjustment Effective January 1, 2015: $865 per month Employer contribution to insurances Effective January 1, 2016: $895 per month Employer contribution to 1) premium contributions if participating in the high option health insurance plan, or 2) with a $30 HSA contribution (deducted out of the $895) if participating in a high deductible health plan ADOPTING RANGES AND ESTABLISHING WAGES FOI WHEREAS, the City of Columbia Heights adopted a Wage Compensation Program for Non - Unionized City Employees effective January 1, 1980 (Resolution 80 -47), which indicated that on an annual basis, changes may be adopted in Wage Ranges. NOW, THEREFORE, BE IT RESOLVED, that the City of Columbia Heights establishes wage ranges for non - unionized temporary part-time Library positions, seasonal Public Works positions, seasonal /temporary Recreation positions, and interns, as indicated on Schedule I, II, III, and IV, which are attached and on file in the office of the City Manager; and BE IT FURTHER RESOLVED that such schedules be effective June 1, 2015. 2015 -40 RESOLUTION ACCEPTING BIDS AND AWARDING THE 2015 MISCELLANEOUS CONCRETE REPAIRS AND INSTALLATIONS, CITY PROJECT 1500 WHEREAS, pursuant to an advertisement for bids for City Project No. 1500, Miscellaneous Concrete Repairs and Installations, bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Bidder TOTAL New Look Contracting, Inc. $56,508.00 Sullivan Riehm Construction, LLC $74,988.18 WHEREAS, it appears that New Look Contracting, Inc., 14045 Northdale Boulevard, Rogers, Minnesota is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract with New Look Contracting, Inc. in the name of the City of Columbia Heights, for the 2015 Miscellaneous Concrete Repairs and Installations, City Project No. 1500, for a bid amount of $56,508.00 according to plans and specifications therefore approved by the Council. 2. The City Engineer is hereby authorized and directed to retain the deposit of the successful bidder and the next lowest bidder until the contract has been signed. 3. City Project No. 1500 shall be funded with State Aid Maintenance Fund, General Fund, Park Fund, Street Fund, Sewer and Water Fund and PIR funds. 1 RESOLUTION PROPERTY DAMAGE PROTECTION FOR SEWER BACK-UPS WATER MAIN BREAKS O. WATER AND SEWER CUSTOMERS WHEREAS, the City of Columbia Heights provides water and sanitary sewer services to property within its jurisdiction; and WHEREAS, water main breaks may cause water to enter into property causing damage; and WHEREAS, blockages or other conditions in the City of Columbia Heights' sanitary sewer lines may cause the back -up of sewage into properties that are connected to those City of Columbia Heights' sanitary lines; and WHEREAS, water main breaks and sewer back -ups pose a public health and safety concern; and WHEREAS, it may be difficult to determine the exact cause and responsibility for a water main break or sanitary sewer back -ups; and WHEREAS, the City of Columbia Heights desires to encourage the expeditious clean -up of properties that have encountered damage from water main breaks and sewer back -ups; and WHERAS, the City of Columbia Heights desires to minimize the potential of expensive lawsuits arising out of water main breaks and sanitary sewer back -up claims; and WHEREAS, the City of Columbia Heights is a member of the League of Minnesota Cities Insurance Trust (LMCIT); and WHEREAS, LMCIT has offered the City of Columbia Heights limited "no fault" sewer coverage and water main break coverage (No -Fault Coverage) that will reimburse users of the water and sewer system for certain clean -up costs and property damage regardless of whether the City of Columbia Heights is at fault. NOW THEREFORE, BE IT RESOLVED, as follows: The City of Columbia Heights, will reimburse water and sanitary sewer customers for up to $10,000 of clean -up costs and property damages caused by a water main break or sanitary sewer back -up, regardless of whether the City of Columbia Heights is negligent or otherwise legally liable for damages, subject to the following conditions: I. Sanitary Sewer Back -Ups. For Sanitary sewer back -ups: A. The back -up must have resulted from a condition in the City of Columbia Heights' sanitary sewer system or lines, and not from a condition in a private line. B. The back -up must not have been caused by any catastrophic weather or other event which has been declared by the President of the United States to be a major disaster pursuant to 42 U.S.C. §§ 5121 -5206, commonly known as the Stafford Act. C. The back -up must not have been caused by an interruption in electric power to the City of Columbia Heights' sewer system or to any City of Columbia Heights lift station, which continues for more than 72 hours. D. The back -up must not have been caused by an amount of precipitation equivalent to rainfall amounts which exceed: • 2.0 inches in a 1 -hour period; or • 2.5 inches in a 3 -hour period; or • 3.0 inches in a 6 -hour period; or • 3.5 inches in a 12 -hour period; or • 4.0 inches in a 24 -hour period; or • 4.5 inches in a 72 -hour period; or • 5.5 inches in a 168 -hour period. E. Neither the City of Columbia Heights nor LMCIT will reimburse any costs which have been or are eligible to be covered under a property owner's own homeowners' or other property insurance, or which would be eligible to be reimbursed under a National. Flood Insurance Protection (NFIP) policy, whether or not the property owner actually has NFIP Coverage. F. The maximum amount that the City of Columbia Heights or LMCIT will reimburse is $10,000 per building, per year. A structure or group of structures served by a single connection to the City of Columbia Heights' sewer system is considered a single building. II. Water Main Breaks. For water main breaks: A. Neither the City of Columbia Heights nor LMCIT will reimburse any costs which have been or are eligible to be covered under a property owner's own homeowners' or other property insurance B. The maximum amount that the City of Columbia Heights or LMCIT will reimburse is $10,000 to any claimant, regardless of the number of occurrences or the number of properties affected. C. Neither the City of Columbia Heights nor LMCIT will pay more than $250,000 for water main break damages resulting from any single occurrence. All water main break damage which occurs during any period of 72 consecutive hours is deemed to result from a single occurrence. If the total water main break damage for all claimants in a single occurrence exceeds $250,000, the reimbursement to each claimant will be calculated as follows: 1. A preliminary reimbursement figure is established for each claimant, equal to the lesser of the claimant's actual damages or $10,000. 2. The sum of the preliminary reimbursement figures for all claimants will be calculated. 3. Each claimant will be paid a percentage of his or her preliminary reimbursement figure, equal to the percentage calculated by dividing $250,000 by the sum of all claimants' preliminary reimbursement figures. III. The City of Columbia Heights' determination to make these payments is contingent on and expressly limited to the extent that No -Fault Coverage is in force and available to reimburse the City of Columbia Heights for the costs set forth herein. IV. The City of Columbia Heights retains the right, in its sole discretion, to revoke, rescind, or modify this resolution at any time. V. The City of Columbia Heights hereby rescinds any prior resolution providing no -fault sewer backup coverage and water main break coverage. IN WITNESS WHEREOF, the City of Columbia Heights, by action of its governing body, caused this Resolution to be approved on May 11, 2015. 2015 -42 BEING A RESOLUTION ACCEPTING THE FEASIBILITY REPORT FOR THE 2015 WATER MAIN CLEANING AND LINING PROGRAM AND ORDERING THE PUBLIC IMPROVEMENTS, CITY PROJECT NO. 1503 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 2015 Water Main Cleaning and Lining Program, and WHEREAS, the 2015 Water Main Cleaning and Lining Program includes the following main segments: • Main Street from 37th Avenue to 40th Avenue • 37th Avenue from Main Street to 3rd Street • Edgemoor Place from 40th Avenue to 3rd Street • 3rd Street from Edgemoor Place to 37th Avenue • 44th Avenue from Tyler Place to Tyler Place • 44th Avenue from Tyler Place to McLeod Street 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 May 11, 2015. 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 the 1 lth of May, 2015. 4. These improvements shall also be known as Project No. 1503 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. 2015 -43 RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR 2015 UTILITY REPAIRS AND INSTALLATIONS, CITY PROJECT NO. 1511 WHEREAS, pursuant to an advertisement for bids for City Project No. 1511, 2015 Utility Repairs and Installations, bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: WHEREAS, it appears that G.L.Contracting, Inc., 4300 Willow Drive, Medina, MN 55340 is the lowest responsible bidder. MINNESOTA: 11C"T, 7AE�%�FOJR-�, BE IT.�-U, SOLTED BY THE CITY COUNCIL OF COLUMBIA 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract with G.L. Contracting, Inc. in the name of the City of Columbia Heights, for 2015 Utility Repairs and Installation, City Project No. 1511, 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. 3. City Project 1511 shall be funded with Sanitary Sewer, Storm Sewer, and Water Utility Construction Funds, and Park Funds. 2015 -44 APPROVE A CONTRACT WITH COLUMBIA PARK PROPERTIES, LLP FOR MUNICIPAL PARKING RAMP MAINTENANCE AND APPROPRIATE THE RELATED EXPENDITURES TO THE 2015 BUDGET FOR SPECIAL PROJECTS FUND 226. WHEREAS, the City of Columbia Heights owns a parking ramp facility at 4011 Van Buren Street adjacent to commercial property owned by Columbia Park Properties, LLP; and WHEREAS, it is in the interest of the City of Columbia Heights to provide parking to the general public at this location within its downtown commercial district; and WHEREAS, it is also in the interest of Columbia Park Properties, LLP to have such parking available to its tenants and its tenants' customers; and WHEREAS, Columbia Park Properties, LLP has proposed to share the costs to maintain the parking ramp by the contract terms listed in Exhibit A to this resolution; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Columbia Heights approves the contract (at Exhibit A) with Columbia Park Properties, LLP for municipal parking ramp maintenance and appropriates the related expenditures to the 2015 budget for Special Projects Fund 226. Alternate 1 Alternate 1 Alternate 2 Bidder Base Bid Heights Dr Splash Pad PVC Drain DIP Water G. L. Contracting, Inc. $191,833.00 $106,435.30 $46,873.50 $ 0.00 $ 0.00 Interstate Removal Co. $181,514.00 $ 90,351.00 *$79,112.00 - $3,927.00 $2,950.00 Penn Contracting, Inc. $208,510.00 $121,909.00 $58,530.00 -$ 63.00 $1,559.00 New Look Cont., Inc. $216,755.00 $122,502.50 $64,993.00 $3,690.00 $2,550.00 Dave Perkins Cont. Inc. $279,802.00 $161,392.00 $49,626.00 $ 0.00 $1,320.00 WHEREAS, it appears that G.L.Contracting, Inc., 4300 Willow Drive, Medina, MN 55340 is the lowest responsible bidder. MINNESOTA: 11C"T, 7AE�%�FOJR-�, BE IT.�-U, SOLTED BY THE CITY COUNCIL OF COLUMBIA 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract with G.L. Contracting, Inc. in the name of the City of Columbia Heights, for 2015 Utility Repairs and Installation, City Project No. 1511, 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. 3. City Project 1511 shall be funded with Sanitary Sewer, Storm Sewer, and Water Utility Construction Funds, and Park Funds. 2015 -44 APPROVE A CONTRACT WITH COLUMBIA PARK PROPERTIES, LLP FOR MUNICIPAL PARKING RAMP MAINTENANCE AND APPROPRIATE THE RELATED EXPENDITURES TO THE 2015 BUDGET FOR SPECIAL PROJECTS FUND 226. WHEREAS, the City of Columbia Heights owns a parking ramp facility at 4011 Van Buren Street adjacent to commercial property owned by Columbia Park Properties, LLP; and WHEREAS, it is in the interest of the City of Columbia Heights to provide parking to the general public at this location within its downtown commercial district; and WHEREAS, it is also in the interest of Columbia Park Properties, LLP to have such parking available to its tenants and its tenants' customers; and WHEREAS, Columbia Park Properties, LLP has proposed to share the costs to maintain the parking ramp by the contract terms listed in Exhibit A to this resolution; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Columbia Heights approves the contract (at Exhibit A) with Columbia Park Properties, LLP for municipal parking ramp maintenance and appropriates the related expenditures to the 2015 budget for Special Projects Fund 226.