HomeMy WebLinkAbout04-10-2017OFFICIAL PROCEEDINGS
CITY OF COLUMBIA HEIGHTS
CITY COUNCIL MEETING
APRIL 10, 2017
The following are the minutes for the regular meeting of the City Council held at 7:00 PM on
Monday April 10, 2017 in the City Council Chambers, City Hall, 590 40th Ave. N.E., Columbia
Heights, Minnesota
1. CALL TO ORDER
Mayor Schmitt called the meeting to order at 7:01 p.m.
2. ROLL CALL
Present: Mayor Schmitt, Councilmember Williams, Councilmember Murzyn, Jr. and
Councilmember Buesgens
Also Present: Walt Fehst; City Manager, Jim Hoeft; City Attorney, Kelli Bourgeois; Human
Resource Director /Assistant to the City Manager, Kevin Hansen; Public Works Director,
Elizabeth Holmbeck; City Planner and Katie Bruno; City Clerk /Council Secretary
3. INVOCATION
Invocation provided by Bill Hugo, St Matthew Church
4. PLEDGE OF ALLEGIANCE
S. ADDITIONS /DELETIONS TO MEETING AGENDA
(The Council, upon majority vote of its members, may make additions and deletions to the
agenda. These may be items brought to the attention of the Council under the Citizen
Forum or items submitted after the agenda preparation deadline.)
Mayor Schmitt announced the following addition to the agenda:
6D. Community Fundraiser Announcement
6. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS
A. Library Week Proclamation
Councilmember Williams read the proclamation. Catherine Vesley gratefully accepted the
proclamation.
B. Arbor Day Proclamation
Councilmember Buesgens read the proclamation. Director of Public Work Kevin Hansen
accepted the proclamation. Hansen announced an Arbor Day celebration will take place on
April 28th, celebrating 25 years of being a Tree City USA.
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April 10, 2017
Page 2 of 11
C. Prayer Breakfast Proclamation
Mayor Schmitt read the proclamation, proclaiming Wednesday May 10th as the date for the
Columbia Heights Prayer Breakfast. Mayor Schmitt extended an invitation to all to attend.
Profits will go to the Kiwanis Key Club.
D. Community Fundraiser Announcement —Alyce Lentz
Mayor Schmitt announced a benefit for the Lentz family will take place at Murzyn Hall from
5:00 -8:00 PM on Wednesday, April 12tH
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 March 27, 2017
MOTION: Move to approve the minutes of the City Council work session of March 27, 2017
MOTION: Move to approve the minutes of the Special City Council meeting of April 3, 2017
MOTION: Move to approve the minutes of the City Council work session of April 3, 2017
B. Accept Board and Commission Meeting Minutes
MOTION: Move to accept the Planning & Zoning minutes from March 7, 2017
MOTION: Move to accept the Library Board minutes from March 1, 2017
C. Consideration of a Resolution Approving a Collective Bargaining Agreement Between the City
of Columbia Heights and Law Enforcement Labor Services, Inc., Local No. 311, Police Officers
MOTION: To waive the reading of Resolution 2017 -30, there being ample copies available to the
public.
MOTION: To adopt Resolution 2017 -30 Regarding the Labor Agreement between the City of
Columbia Heights and Law Enforcement Labor Services, Inc., Local No. 311, Police Officers,
effective January 1, 2017 to December 31, 2018.
D. Consideration of a Resolution Approving a Collective Bargaining Agreement Between the
City of Columbia Heights and Council No. 5, American Federation of State, County and
Municipal Employees, Local No. 495
MOTION: To waive the reading of Resolution 2017 -31, there being ample copies available to the
public.
MOTION: To adopt Resolution 2017 -31 Regarding the Labor Agreement between the City of
Columbia Heights and Council No. 5, American Federation of State, County and Municipal
Employees, Local No. 495, effective January 1, 2017 to December 31, 2018.
E. Consideration of a Resolution Approving a Memorandum of Understanding between the City
of Columbia Heights and the Public Managers Association and a Resolution Approving Changes
to the City Manager's Compensation and Benefits.
MOTION: Move to waive the reading of the resolutions, there being ample copies available to the
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April 10, 2017
Page 3 of 11
public.
MOTION: Move to adopt Resolution 2017 -32, regarding the Memorandum of Understanding
between the City of Columbia Heights and the Public Managers' Association, effective January 1,
2017 - December 31, 2018.
MOTION: Move to adopt Resolution 2017 -33, regarding the changes to the City Manager's
compensation and benefits for 2017 and 2018.
F. Adopt Resolution 2017 -34 Establishing a Public Hearing for 39th Avenue Mill & Overlay,
Central Avenue to Huset Parkway Roundabout
MOTION: Move to waive the reading of Resolution 2017 -34, there being ample copies available to
the public.
MOTION: Move to adopt Resolution 2017 -34 being a resolution establishing a Public
Improvement Hearing for May 1St, 2017 at 6:00 p.m.
G. Goose Management Plan
MOTION: Move to accept the Goose Management Plan allowing summer removal of birds in
high -use public spaces and locations of water quality concerns.
H. Approve Final Plans and Order Advertisement for Bids for Central Avenue Safety
Improvements, Project 1608
MOTION: Move to accept the final plans prepared by SEH, Inc. and authorize staff to seek bids for
the Central Avenue Safety Improvements from 47th to 51St Avenues, City Project No. 1608.
I. Library Change Orders
MOTION: Move to approve contract Change Order No. 8 & 9 for Library Bid Package CP -2, Project
1410, to Ebert Construction in the amount of $37,630.13 for a new contract amount of
$5,275,726.76.
MOTION: Move to approve contract Change Order No. 5 for Library Bid Package CP -2, Project
1410, to Peoples Electric totaling $22,304 for a new contract amount of $849,178.00.
J. Development Contract for Planet Fitness (Proposed Development at 51St Court NE.)
MOTION: Waive the reading of Resolution No. 2017 -35, there being ample copies available to the
public.
MOTION: Move to approve Resolution No. 2017 -35, being a resolution of the City Council of
Columbia Heights, Minnesota, authorizing the execution of the Development Contract for Planet
Fitness, between the City of Columbia Heights and Aisling Fitness, LLC.
K. Approve Business License Applications
MOTION: Move to approve the items as listed on the business license agenda for April 10, 2017.
L. Payment of Bills
MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8, the City Council has
received the list of claims paid covering check number 165233 through 165383 in the amount of $
412,409.54.
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April 10, 2017
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Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr, to approve the
Consent Agenda as presented. All Ayes, Motion Carried.
8. PUBLIC HEARINGS
A. Approving a Final Plat for Aisling Fitness, LLC for the three vacant lots located at 51St Ct NE.
City Planner Elizabeth Holmbeck reported Aisling Fitness, LLC has requested Final Plat Approval
for the vacant site located behind La Casita and White Castle. The site is currently comprised
of three vacant lots, which do not have assigned addresses.
The applicant is proposing to remove the existing lot lines, and re -plat the property to allow
for a fitness facility to be constructed on the south end of the site.
The Preliminary plat and Site Plan were approved by the Planning and Zoning Commission and
City Council in January 2017. The Final Plat went before the Planning and Zoning Commission
on April 4, 2017, and was unanimously recommended for approval. The applicant has
submitted construction plans for review and will be issued pending approval of the Final Plat.
Once the Final Plat is approved and recorded Planet Fitness Representatives are anticipating
beginning construction at the end of this month.
Motion by Councilmember Buesgens, seconded by Councilmember Williams to close the public
hearing and waive the reading of Resolution No. 2017 -29, there being ample copies available to
the public. All Ayes, Motion Carried
Motion by Councilmember Murzyn, Jr., seconded by Councilmember Williams to approve
Resolution No. 2017 -29, approving the Final Plat for the three vacant properties located on 51st
Court NE. (PIN:25- 30 -24 -23 -0018, 25- 30 -24 -23 -0017, and 25- 30- 24 -22- 0066), subject to certain
conditions of approval. All Ayes, Motion Carried
9. ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions
1. Consideration of Resolution 2017 -20, Appointment to fill City Council Vacancy
Mayor Schmitt read a prepared statement explaining her recent withdraw of support for Nick
Novitsky, because of inappropriate verbal statements at a recent Council work session.
Schmitt reported Nick has apologized to each member of the council. Schmitt suggested the
council consider appointing Ted Landwehr, who has proven to be level- headed.
Motion by Mayor Schmitt, seconded by Councilmember Buesgens to adopt Resolution No.
2017 -20, appointing Ted Landwehr to the City Council vacant seat, with the term expiring
when their successor is elected and qualified in January, 2019. 2 Ayes, 2 Nays, Motion failed.
Motion by Mayor Schmitt, seconded by Councilmember Williams to adopt Resolution No.
2017 -20, appointing Nick Novitsky to the City Council vacant seat, with the term expiring
when their successor is elected and qualified in January, 2019. 3 Ayes, 1 Nay, Motion Carried.
City Council Minutes
April 10, 2017
Page 5 of 11
Ayes: Schmitt, Williams and Murzyn Jr. Nay: Buesgens.
Mayor Schmitt explained for the benefit of the City, it is imperative to move on. Schmitt also
commented that the council has functioned very well in all other items they have considered.
Mayor Schmitt encouraged the other applicants to consider filing for office in the 2018
Election.
Councilmember Williams and Murzyn, Jr. also agreed that the council has worked well on all
other items this year, for the benefit of the City. The council congratulated Nick.
B. Bid Considerations
C. New Business and Reports
10. ADMINISTRATIVE REPORTS
Councilmember Buesgens reported she attended the recent HeightsNext volunteer potluck
on March 30th. The Safer Street talk was attended; Sean Broom was the moderator, discussing
concerns with 49th Ave.
Councilmember Williams reported he attended the Anoka County Local Government Officials
quarterly meeting. County Officials were impressed with our recent All America City
designation in 2016. Williams reported we are one of the few cities implementing body
cameras for police officers. Williams reported there have been numerous issues occurring at
Heights Manor. Williams indicated housing sales have been very good in Columbia Heights,
and he attributes this in part to the All America City Award.
Mayor Schmitt reported she attended the Community Connections Conference in
Minneapolis, many ideas were presented. The Safe Street discussion was attended at the
library, the focus was on safety around the schools and along 49th Ave.
The Mayor also attended The Wyland Foundations Mayor's Water Pledge Challenge at the
Mall of America. Columbia Heights residents are encouraged to sign up.
City Manager Walt Fehst reported the City has purchased a new street sweeper, and city staff
will be traveling to Texas for training. Manager Fehst also reported the City has been in
discussions with the Lions for planning of the 2017 Jamboree. A citywide garage sale is
planned for May 20tH
11. CITIZENS FORUM
Frost Simula -1700 49th Ave NE announced Heights Next will be hosting a movie night on April
13TH; where short films about pollination will be shown. Simula encouraged the composting of
yard waste.
Jerry Klein -2207 N. Upland Crest commended the council on making a decision to act in the
best interest of the City, and congratulated Nick Novitsky.
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April 10, 2017
Page 6 of 11
Malcom Watson -1717 49th Ave NE inquired about the date if the Board of Appeals and
Equalization meeting.
Mayor Schmitt expressed gratitude to the Candidates, Council and Staff for their commitment
during the selection process.
12. ADJOURNMENT
Motion by Councilmember Murzyn, Jr., seconded by Councilmember Williams to adjourn. All
Ayes, Motion Carried.
Meeting adjourned at 7:57 p.m.
Respectively Submitted,
Katie Bruno, Council Secretary /City Clerk
RESOLUTION NO. 2017 -20
A RESOLUTION CALLING FOR APPOINTMENT TO VACANT CITY COUNCIL SEAT
WHEREAS: on January 9, 2017, the City Council declared a vacancy on the City Council as a result
of Donna Schmitt being elected as Mayor; and
WHEREAS: notice was published of the intention to accept applications for the vacancy on the City
Council until February 23, 2017 at 4:30 PM; and
WHEREAS: pursuant to the City Charter, the City Council may appoint an eligible person to fill the
vacancy on the City Council until the next regular municipal election.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Columbia Heights:
1. That Nick Novitsky shall be appointed to the City Council to fill the vacancy of the
remainder of Donna Schmitt's term, with the term expiring when their successor is
elected and qualified in January, 2019.
2. That the appointment of Nick Novitsky shall take effect upon administration of the
Official Oath of Office.
RESOLUTION NO. 2017 -29
A resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Final Plat
for Aisling Fitness, LLC for the Three (3) vacant lots located at 51St Court NE.
City Council Minutes
April 10, 2017
Page 7 of 11
Whereas, a proposal (Case # 2017 -0401) has been submitted by Aisling Fitness, LLC to the City
Council requesting Final Plat Approval from the City of Columbia Heights at the following site:
ADDRESS: Three (3) vacant lots located at 51St Court NE (Property Identification Numbers (PIN):
25- 30 -24 -23 -0018, 25- 30 -24 -23 -0017, and 25- 30- 24- 22- 0066).
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING: Final Plat Approval per Code Section 9.104 (M).
Whereas, the Planning and Zoning Commission held a public hearing as required by the City
Zoning Code on April 4, 2017;
Whereas, the City Council has considered the advice and recommendations of the Planning and
Zoning Commission regarding the effect of the proposed Final Plat 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;
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
Section 9.104 (M) (6) of the Zoning Ordinance outlines conditions that must be met in order for
the City to grant Final Plat Approval. They are as follows:
(a) The Final Plat substantially conforms to the approved Preliminary Plat.
(b) The Final Plat conforms to the requirements of 9.115.
Further, be it resolved, that the attached plans, maps, and other information shall become part of
this Final Plat; and in granting approval the City and the applicant agree that the Plat shall become
null and void if a Final Plat is not recorded with the Anoka County Recorder's Office within one (1)
calendar year after the approval date.
CONDITIONS
1. All required state and local codes, permits, licenses and inspections will be met and in full
compliance.
2. The applicant shall be responsible for the cost of filing and recording written easements
with the Anoka County Recorder's Office.
3. Upon approval of the Final Plat, the applicant shall be responsible for filing and recording
the Final Plat with the Anoka County Recorder's Office within one year of the date of City
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April 10, 2017
Page 8 of 11
Council action. In the event that a Final Plat is not recorded within this time period, the
Final Plat will become void.
4. Separate permanent easements will need to be placed over storm water BMP's to be
installed, and the easements will need to be on a recordable document, accepted by Anoka
County Recorder's Office.
5. The applicant shall meet the requirements outlined in the attached report from the City's
Building Official, dated 3/24/17.
RESOLUTION NO. 2017 -30
A Resolution of the City Council for the City of Columbia Heights, Minnesota, approving a
collective bargaining agreement between the City of Columbia Heights and Law Enforcement
Labor Services, Inc. Local No. 311— Police Officers
Whereas, negotiations have proceeded between Law Enforcement Labor Services, Inc. (LELS),
Local No. 311, representing Police Officers of the City, and members of the City's negotiation
team; and
Whereas, said negotiations have resulted in a mutually acceptable collective bargaining
agreement for calendar years 2017 and 2018; 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 2017 and 2018 for
LELS, Local No. 311— Police Officers, 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 and memorandum of understanding.
RESOLUTION NO. 2017-31
A Resolution of the City Council for the City of Columbia Heights, Minnesota, approving a
collective bargaining agreement between the City of Columbia Heights and the American
Federation of State, County and Municipal Employees, Council 5, Clerical and Technical Employees
Whereas, negotiations have proceeded between the American Federation of State, County and
Municipal Employees (AFSCME), representing clerical and technical employees of the City, and
members of the City's negotiation team; and
Whereas, said negotiations have resulted in a mutually acceptable collective bargaining
agreement for calendar years 2017 and 2018; and
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April 10, 2017
Page 9 of 11
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 2017 and 2018 for
the American Federation of State, County and Municipal Employees, Council 5, 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 and memorandum of understanding.
RESOLUTION NO. 2017 -32
A Resolution of the City Council for the City of Columbia Heights, Minnesota, approving a
memorandum of understanding between the City of Columbia Heights and the Public Manager's
Association
Whereas, negotiations have proceeded between the Public Manager's Association, representing
Division Heads of the City, and members of the City's negotiation team; and
Whereas, said negotiations have resulted in a mutually acceptable collective bargaining
agreement for calendar years 2017 and 2018; 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 2017 and 2018 for
the Public Manager's Association, 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 and memorandum of understanding.
RESOLUTION NO. 2017-33
A Resolution of the City Council for the City of Columbia Heights, Minnesota, approving changes to
the City Manager's Compensation and Benefits for 2017 and 2018
Whereas, in previous years the City Manager has received an adjustment in compensation and
benefits consistent with that given the management employees; and
City Council Minutes
April 10, 2017
Page 10 of 11
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, 2017: 2.25% cost of living adjustment
Effective January 1, 2018: 2.5% cost of living adjustment
$895 per month Employer contribution to insurances for 2017 and 2018. Contributions are either
1) premium contribution if participating in the high option health insurance plan, or 2) with a $30
HSA contribution (deducted from the $895) if participating in a high deductible health plan.
For calendar year 2017 for employees taking family health insurance through the EMPLOYER the
EMPLOYER will contribute an additional $100 per month towards health insurance premiums for
a total EMPLOYER contribution of $995 for employees taking family health insurance For
calendar year 2018 for employees taking family health insurance through the EMPLOYER the
EMPLOYER will contribute an additional $200 per month towards health insurance premiums for
a total EMPLOYER contribution of $1095 for employees taking family health insurance
Be it further resolved that the Mayor and City Manager are hereby authorized to execute this
collective bargaining agreement and memorandum of understanding.
RESOLUTION NO. 2017 -34
A resolution of the City Council for the City of Columbia Heights, Minnesota,
WHEREAS, the City Council of Columbia Heights is proposing to rehabilitate select state aid streets
in the city
that have not been rehabilitated under the street program, and
WHEREAS, pursuant to Resolution No. 2016 -84, a report has been prepared by the City Engineer
with
reference to the Program, and the following street(s):
39th Avenue NE, Huset Parkway to Central Avenue
WHEREAS, the report provides information regarding whether the proposed project is feasible,
necessary and
cost - effective, and
Said report is hereby received by the City Council of Columbia Heights on April 10, 2017.
Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of
Columbia
Heights, the City Council of the City of Columbia Heights makes the following:
FINDINGS OF FACT
1. The Council will consider the improvement of such streets in accordance with the report and
the
assessment of 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
$555,570.
City Council Minutes
April 10, 2017
Page 11 of 11
2. A public hearing shall be held on such proposed improvement on the 1st day of May, 2017 in
the City Council Chambers at 590 40th Avenue N.E. at 6:00 P.M. and the City Clerk shall give
mailed and published notice of such hearing and improvement as required by law.
RESOLUTION NO. 2017-35
A resolution of the City Council for the City of Columbia Heights, Minnesota, authorizing the
execution of the Development Contract for Planet Fitness, between the City of Columbia Heights
and AF Columbia Heights, LLC.
Whereas, the Planning and Zoning Commission approved the Site Plan for the proposed
development on January 4t", 2017; and
Whereas, certain improvements which will be completed as components of this proposed
development are required to be reviewed and monitored by the City.
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 approves Resolution No. 2017-
35, authorizing the execution of the Development Contract for Planet Fitness, between the City of
Columbia Heights and AF Columbia Heights, LLC.