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HomeMy WebLinkAbout11-09-2015OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING NOVEMBER 9, 2015 THE FOLLOWING ARE THE MINUTES FOR THE REGULAR MEETING OF THE CITY COUNCIL HELD AT 7:00 PM ON MONDAY, NOVEMBER 9, 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 7:05 p.m. A. Appoint Secretary Pro Tem Motion by Councilmember Nawrocki, seconded by Councilmember Williams to appoint Nancy Becker as Council Secretary Pro Tem. All Ayes, Motion Carried. 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, Public Works Director; Elizabeth Holmbeck, Planner; and Nancy Becker, Council Secretary Pro Tem. 3. INVOCATION Invocation provided by Bill Hugo, St. Matthew Lutheran 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.) 6. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS 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 October 26, 2015. MOTION: Move to approve the minutes of the work session of November 2, 2015. B. Accept Board and Commission Minutes MOTION: Move to accept the Draft Planning & Zoning minutes of November 4, 2015. MOTION: Move to accept the Library Board minutes of October 7, 2015. C. Accept Bids and Award Contract for Sanitary Sewer Pipe Repair on Stinson Boulevard, South of 40`" Avenue *Removed for discussion City Council Minutes November 9, 2015 D. Approve Final Compensating Change Order and Final Payment for Jackson Pond, Project 1308 *Removed for discussion E. Approve Final Compensating Change Order and Final Payment for LaBelle Park Improvements, Project 1306 *Removed for discussion F. Consideration of Assignment of Consulting Services Agreement for GIS Services and GIS Range Rider Contract Part A: Assignment of Consulting Services Agreement for GIS Services and GIS Range Rider Contract. MOTION: PART A: ASSIGNMENT OF CONSULTING SERVICES AGREEMENT FOR 2015 GIS CONTRACT MOTION: Move to approve the assignment of consulting services agreement for Flat Rock Geographics and RE /SPEC, Inc.; and, authorize the Mayor and City Manager to enter into an agreement for the same. Part B: Extension of GIS Range Rider Contract MOTION: PART B: CONSULTING SERVICES AGREEMENT FOR 2016 GIS CONTRACT MOTION: Move to approve a one -year extension to the GIS Joint Powers Agreement in the amount of $21,725; and, MOTION: Authorize the Mayor and City Manager to enter into an agreement for the same. G. Solar Power for City Buildings *Removed for discussion H. Approve membership renewal for one year with the League of Minnesota Cities for $16,212 MOTION: Move to approve membership renewal for one year with the League of Minnesota Cities for $16,212. I. Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for November 9, 2015 J. 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 numbers 158831 through 159012 in the amount of $1,843,892.27. Councilmember Nawrocki requested that items C, D, E, and G be removed from the Consent Agenda for discussion. Motion by Councilmember Nawrocki, seconded by Councilmember Williams to approve Consent Agenda Items A, 8, F, H, I, and J. All Ayes, Motion Carried. Councilmember Nawrocki requested that the following items be removed from the Consent Agenda for discussion: C. Accept Bids and Award Contract for Sanitary Sewer Pipe Repair on Stinson Boulevard, South of 40th Avenue Councilmember Nawrocki stated he would like an explanation of the work to be done under this contract and how it will affect the use of the roadway during construction. Kevin Hansen, Public Works Director, explained that a 30' section of the sanitary sewer pipe on the west side of Stinson Boulevard between 37th and 40th Avenues is damaged or missing. Two bids were received to replace this pipe, with the low bid coming from St. Paul Utilities and Excavating in the amount of $20,000. This work will require closing Stinson Boulevard between 39th and 401h Avenues for approximately 8 hours, but the City Council Minutes November 9, 2015 work will be done at night. Councilmember Nawrocki questioned why only two bids were received. Hansen stated that we requested bids from four contractors, but only two responded. Due to the size of the project, he does not believe that open bidding would have resulted in more contractors submitting bids. Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. to accept bid and award sanitary sewer repair on Stinson Boulevard to St. Paul Utilities and Excavating in the amount of $20,000, and, to authorize the Mayor and City Manager to enter into a contract for the same. All Ayes, Motion Carried. D. Approve Final Compensating Change Order and Final Payment for Jackson Pond, Project 1308 Councilmember Nawrocki stated he would like an explanation of the work done at Jackson Pond and how it was funded. Kevin Hansen stated that the retaining wall was replaced, the pond bottom was lowered, a pumping station was put in, and a filter was installed. The total cost of the improvements was $1,060,000. A grant of $800,000 was received through the Mississippi Watershed Management Organization and the remainder will come from the Storm Water Utility Fund. Motion by Councilmember Nawrocki, seconded by Councilmember Williams to approve the final compensating change order and accept the work for the Jackson Pond, City Project No. 1308; and to authorize final payment of $113,567.04 to Peterson Companies, Inc. of Chisago City, Minnesota. All Ayes, Motion Carried. E. Approve Final Compensating Change Order and Final Payment for LaBelle Park Improvements, Project 1306 Councilmember Nawrocki stated he would like an explanation of the work done at LaBelle Park. Kevin Hansen explained Odessa 11 provided a series of improvements including removal of the boardwalk, shoreline restoration, installation of infiltration basins, construction of a new shelter, plantings, and trail improvements. At a total cost of $410,000 the work came in at $6,000 under the contracted amount. Motion by Councilmember Nawrocki, seconded by Councilmember Williams to approve the final compensating change order and accept the work for the LaBelle Park Improvements, City Project No. 1306; and to authorize final payment of $69,922.95 to Odessa 1l, LLC of Sauk Rapids, Minnesota. All Ayes, Motion Carried. G. Solar Power for City Buildings Councilmember Nawrocki stated he would like an explanation of how this agreement would benefit the City. Kevin Hansen reported that Public Works has been researching methods of reducing energy consumption and lowering energy costs in our public buildings. An engineering study was conducted to evaluate the feasibility of putting solar panels on four City buildings. Hansen gave an overview of the Power Purchase Agreement (PPA) terms and stated that the City could save $1 million in electricity costs for these four buildings over the course of 25 years. Federal tax credits make these agreements attractive to investors, but they will no longer be available after 2016. In addition, during the term of the agreement, the City is guaranteed a minimum amount of savings. Motion by Councilmember Williams, seconded by Councilmember Schmitt to accept the Solar Engineering Study prepared by Apex Engineering of Anoka and authorize the preparation of a 10 year PPA for adding solar power at Top Valu 1; and a 15 year PPA at the Public Safety Building, the Municipal Service Center, and the new Library. All Ayes, Motion Carried. 8. PUBLIC HEARINGS City Council Minutes November 9, 2015 A. Resolution approving Variances for a proposed garage to be located at 4224 2nd Street NE Planner Elizabeth Holmbeck reported that the applicant is requesting variances for a proposed accessory structure (garage) allowing a waiver to Section 9.106, permitting the structure to be located to the side of the principal structure, allowing the combination of accessory structures to exceed the maximum allowed square footage, and allowing the accessory structure to exceed the maximum allowed height. The Planning and Zoning Commission held a public hearing on November 4, 2015, and voted to approve the variances for the property. Mayor Peterson asked if neighbors found the plans acceptable. Holmbeck stated that notices were sent to neighbors and it was published in the newspaper, but she has not had any neighbors contact her expressing concerns. Dave Meyer, 4218 2nd Street NE, stated that he has no problems with the plans for the garage. He stated the homeowner has kept his neighbors informed of his plans and he feels the new garage will be an improvement. Dave Olsen, 4229 Main Street NE, stated he has no problems with his neighbor constructing this garage. Motion by Councilmember Murzyn, Jr., seconded by Councilmember Williams to close the public hearing and waive the reading of Resolution 2015 -89, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Murzyn, Jr., seconded by Councilmember Williams to approve Resolution 2015 -89, approving Variances for the property located at 4224 2nd Street NE. All Ayes, Motion Carried. B. An Interim Ordinance imposing a moratorium on auto related businesses within the City of Columbia Heights Planner Elizabeth Holmbeck explained that the Planning and Zoning Commission requested that staff pursue a moratorium on all auto related uses along the Central Avenue corridor, due to concerns about the high number of auto related businesses within the City and the desire to see other types of commercial businesses flourish in the City. As the City Council decided at their September 8, 2015 Work Session to entertain the proposal, staff is pursuing the moratorium on all auto related uses throughout the City of Columbia Heights. If the Interim Ordinance is approved, the moratorium would last for six months, during which staff will complete a study assessing the need for an amendment or an addition to the Zoning Ordinance as it pertains to auto related uses. However, Holmbeck went on to report that recently staff was approached by a developer interested in constructing a pedestrian- oriented retail building located at 47th and Central. This developer believes that due to the distance from this site to the freeway, the only way it would be economically feasible for them to pursue this development would be to include a Jiffy Lube on the north side of the site. Although many seem to be in favor of the moratorium, this proposal looks interesting because of the retail space, which several restaurants and other desirable businesses have expressed interest in. City Attorney, Jim Hoeft, explained what options are available for proceeding. The Council could do nothing tonight. They could approve an emergency moratorium which could be done in one vote and would become effective immediately. The moratorium could cover the entire city or certain zoning classifications. The length of the moratorium would also need to be decided, and six months is recommended. Another option is the regular procedure of having one reading of the ordinance at tonight's meeting, and scheduling another reading at a later date at which time the moratorium would become effective. Councilmember Murzyn, Jr. stated he thinks much of the concern over auto related businesses stems from these businesses locating too close to residences and sharing alleys with them. City Council Minutes November 9, 2015 Attorney Hoeft reminded the Council that a decision on this particular development is not going to be made at tonight's meeting. He said the decision tonight is whether this type of development should be restricted at this point in time. Even if the moratorium is approved, the Council could adjust it or remove it at any time. Holmbeck suggested moving forward with the moratorium but applying it to the Central Business District only. Councilmember Schmitt said she thinks it is fine to have auto related businesses in some areas of the City, but does not want to see them near the Library in the downtown district. Councilmember Nawrocki moved to approve Ordinance 1622 as an emergency ordinance imposing a six - month City -wide moratorium for auto related businesses. Motion failed for a lack of a second. Planning and Zoning Commissioner, Connie Buesgens, 102144th Avenue NE, explained that when the moratorium was requested their main concern was with the property across from the new library site, but there are other lots of similar size along the Central Avenue corridor, south of 47th Avenue, and these properties have similar issues. She stated that she is not opposed to auto related businesses, but the zoning rules as they are now would allow for businesses to put whatever they want on narrow lots and would not require them to face Central Avenue. A moratorium would allow for a study of possible changes to the zoning ordinances that would give the City more control over the appearance of new buildings. Councilmember Schmitt said she didn't think it was necessary for this to be considered an emergency moratorium. Motion by Councilmember Nawrocki, seconded by Councilmember Williams to approve Ordinance No. 1622 as an emergency ordinance imposing a moratorium on auto related businesses within the City of Columbia Heights. 4 Ayes,1 Nay, Motion Carried. Ayes: Mayor Peterson, Councilmembers Williams, Murzyn, Jr., Nawrocki Nay: Councilmember Schmitt C. An Ordinance amending City Code of 2005 relating to the Floodplain Management Overlay District requirements within the City of Columbia Heights Planner Elizabeth Holmbeck explained that the Federal Emergency Management Agency (FEMA) and the Minnesota Department of Natural Resources ( MNDNR) are directing Columbia Heights, along with other cities throughout Anoka County, to update floodplain ordinances to incorporate new Flood Insurance Rate Maps. The maps become effective December 16, 2015. Ordinance No. 1623 includes the required updates. Councilmember Nawrocki asked what the changes are. Holmbeck said that the changes for Columbia Heights are very minor and if property lies within a floodplain, FEMA will contact the owner to make sure that they have purchased flood insurance. Councilmember Nawrocki asked if this changes the limits of the floodplains. Holmbeck stated it would not, this is just a change in the language. City Manager Fehst added that if we do not approve the ordinance, a property owner in a floodplain who wished to purchase flood insurance would not be able to, because the City would be suspended from the National Flood Insurance Program. Councilmember Williams asked if Columbia Heights is in a floodplain. Certain parts of the City are in a floodplain. City Manager Fehst asked if any acreage has been added to the floodplain maps. Holmbeck said she did not believe that was the case but would confirm it with the MNDNR or the area hyrologist. She requested any other questions be directed to her and she will contact our Minnesota DNR Representative or our area hydrologist to get the answers to those questions. City Council Minutes November 9, 2015 Motion by Councilmember Nawrocki, seconded by Councilmember Murzyn, Jr. to close the public hearing and waive the reading of Ordinance No. 1623, there being ample copies available to the public. All Ayes, Motion Carried. Action to schedule a second reading of Ordinance No. 1623 for November 23, 2 015. All Ayes, Motion Carried. 9. ITEMS FOR CONSIDERATION 10. ADMINISTRATIVE REPORTS Report of the City Manager City Manager Fehst reported that at the last Council Meeting, the Council voted on approving the conduit bonds for Dominium which were going to sell in 2016. Since then they requested moving up the date to be done by the end of this year for administrative reasons. They will come back to the Council in January for the second reading of the Ordinance. Councilmember Nawrocki commented that the new library plans to display plaques to acknowledge certain donations, but the greatest contributors to the new building are the taxpayers of Columbia Heights and that should be acknowledged as well. Councilmember Nawrocki questioned how accessible the new library will be, as he had read there would be a locked gate. Public Works Director Hansen stated that the library employees will use proximity cards to access locked areas of the building, but the building will be open to the public during regular hours, just as the existing library is. Councilmember Nawrocki reported that during the work sessions to review budgets, he asked department heads what they would do to reduce the property tax levy down to the same levy as last year, excluding the library. To date, he has not heard back from any of the department heads with their suggestions. 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. Grant Nichols, 576 Lomianki Lane, asked if a comment he saw on Facebook was actually made by Mayor Peterson. Mayor Peterson acknowledged that he made the comment following a School Board Meeting. Nichols said he would have been open to meeting with Mayor Peterson in person. Frost Simula, 1700 491h Avenue, commented that he previously has reported to the Council on the problem of predatory remodeling in Columbia Heights and has presented several options for combatting real estate fraud at the City level. The Council ordered the investigation of similar options in use in neighboring cities, but due to staffing deficiencies has not been able to follow through with the investigation. Mr. Simula asked what he could do to prevent new home buyers from becoming victims of predatory remodeling as he has. City Manager Fehst suggested that if City Council Minutes November 9, 2015 there is something that Mr. Simula could use the City's help with, such as appealing for action from the legislature, the matter could be brought before the Council at a work session. Mayor Peterson suggested a televised Public Service Announcement to inform residents that this has occurred in our City and educating them on how to avoid becoming a victim. There was much discussion about the general lack of options available once it is discovered the fraud has occurred, and the great expense of pursuing relief through the courts, on top of the expense of correcting the unpermitted work. Attorney Hoeft explained it is usually an issue of being unable to prove who did the work. Councilmember Schmitt commented that Community Development Director Hogeboom is committed to continuing the investigation once his department is fully staffed and she expects that a report will be presented to the Council in the coming weeks. Mayor Peterson announced that the "Taste of Columbia Heights" event will be taking place on Friday, November 20, 2015 with many restaurants taking part and live music. Mayor Peterson reported on the kickoff for the City of Peace Park and the Police and Community Education Building on Circle Terrace and commented this will be a great asset to the City and will keep the movement of peace on the forefront. Mayor Peterson announced that the Columbia Heights High School student newspaper The Heights Herold received a state -wide award. Mayor Peterson reminded residents to remember our servicemen and women, our police, and firefighters. Give them a handshake and thank them for their service. Let's not take ourselves too seriously, try to enjoy life, and do a random act of kindness. 12. ADJOURNMENT Meeting adjourned at 8:59 p.m. Respec ully Submitted Nancy Becker, Council Secretary Pro Tern RESOLUTION NO. 2015 -89 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR 4224 2ND STREET NE. WHEREAS, a proposal (Case # 2015 -1101) has been submitted by John Holmberg to the City Council requesting a Variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 4224 2nd Street NE. City Council Minutes November 9, 2015 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 to be located to the side of the principal structure, rather than behind the building line. City Code requires that detached accessory structures be located behind the principal structure building line. 2. Waiver to Section 9.106 (C) (1) (e)- allowing the combination of accessory structures to exceed the maximum allowed square footage by 8 square feet. City Code allows for a maximum of 1,000 square feet in area, for accessory structures. The applicant is proposing to have two accessory structures on the lot, with a total of 1,008 square feet in area. 3. Waiver to Section 9.106 (C) (1) (f)- allowing an accessory structure to exceed the maximum allowed height by 2 feet and 7 inches. City Code requires that accessory structures do not exceed 18 feet in height. The proposed garage height is 20' 7 ". WHEREAS, the Planning and Zoning Commission has held a public hearing as required by the City Zoning Code on November 4th, 2015; WHEREAS, the City Council has considered the advice and recommendations of the Planning and Zoning 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. City Council Minutes November 9, 2015 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. EMERGENCY INTERIM ORDINANCE NO. 1622 BEING AN EMERGENCY INTERIM ORDINANCE IMPOSING A MORATORIUM ON AUTO RELATED BUSINESSES PENDING COMPLETION OF A PLANNING STUDY ASSESSING THE NEED FOR AN AMENDMENT TO THE CITY OF COLUMBIA HEIGHTS' OFFICIAL CONTROLS Section 1: WHEREAS, the City Council has considered the recommendation of the Planning and Zoning Commission to impose a moratorium on all new auto related uses under consideration; and WHEREAS, auto related uses would be defined as any use of land relating to new and used auto sales, the lease of autos, major and minor auto repair, auto detailing and cleaning, fueling and service stations, auto body work and any auto reduction yard; and WHEREAS, the City Council maintains that the City of Columbia Heights is adequately served by a number of auto related uses throughout the City; and WHEREAS, to protect the health, safety and welfare of the citizens of Columbia Heights, City staff must study the need for amendments or additions to the City's official controls to address auto related uses. Section 2: The City of Columbia Heights does ordain: A moratorium shall be placed on any new auto related use throughout the entire city. For the duration stated herein and until the City has completed a study of the need for amendments or additions to the City's official controls to protect the public health, safety and welfare, the City shall not accept, issue or process any application for use of real property anywhere in the City for the purpose of an auto related use. This moratorium shall apply, without limitation, to comprehensive land use plan amendments, requests for rezoning, subdivisions, variances, conditional use permits, site plan review applications and building permits for the construction or operation of all auto related uses. City Council Minutes November 9, 2015 During the period of this moratorium, City staff will conduct a study of the official controls, including appropriate permitting, licensing, land use controls and development standards that may need to be adopted or revised to protect the public health, safety and welfare of the citizens. Section 3: This ordinance shall be in full force and effect from and after 30 days after its passage, and without further action from the City Council, throughout six months from its effective date. The duration of the moratorium established under this Section may be extended by adoption of an amendment hereto for a total time not to exceed the limits set forth in Minnesota Statutes Section 462.355, subd. 4, as amended from time to time.