HomeMy WebLinkAbout05-09-2022 City Council Meeting MinutesCITY COUNCIL MEETING
City Hall —Council Chambers, 590 40th Ave NE
Monday, May 09, 2022
7:00 PM
MINUTES
Mayor
Amdda Mdrquez Simula
Councilmembers
John Murzyn, Jr.
Connie Buesgens
Nick Novitsky
Kt Jacobs
City Manager
Kelli Bourgeois
The following are the minutes for the Meeting of the City Council held at 7:00 pm on Monday,
May 9, 2022, in the City Council Chambers, City Hall, 590 40t" Avenue NE, Columbia Heights,
Minnesota. Due to the COVID-19 pandemic, this hybrid meeting was held both virtually and in -person.
CALL TO ORDER
Mayor Marquez Simula called the meeting to order at 7:00 pm.
MISSION STATEMENT
Our mission is to provide the highest quality public services. Services will be provided in a fair, respectful
and professional manner that effectively addresses changing citizen and community needs in a fiscally -
responsible and customer friendly manner.
ROLL CALL
Present: Mayor Marquez Simula; Councilmember Buesgens; Councilmember Jacobs; Councilmember
Murzyn, Jr., Councilmember Novitsky
Also Present: Lenny Austin, Chief of Police; Aaron Chirpich, Community Development Director; Kevin
Hansen, Public Works Director; Jim Hoeft, City Attorney; Sara Ion, City Clerk/Council Secretary; Erik
Johnston, Police Captain; Ben Sandell, Communications Coordinator; Rachel James, City Resident
f 24410691ye144:14TA01144
APPROVAL OF AGENDA
Motion by Councilmember Buesgens, seconded by Councilmember Novitsky, to approve the Agenda as
presented. All Ayes, Motion Carried 5-0.
PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS
A. Police Week Proclamation
Mayor Marquez Simula proclaimed May 15-21, 2022, "Police Week" and read the City's
proclamation.
Chief Austin accepted the proclamation and recognized the Police Officers that have died
in the line of duty since 1791, including 472 in 2021, three of which were from Minnesota.
He stated that 2022 marks 45 years since Columbia Heights Police Officer Curt Ramsdell
was killed in the line of duty; on July 30, 1977, Ramsdell was shot when transporting a
prisoner. He added that Ramsdell was with the department for 14 years and was survived
by his wife and two children. He stated that they take time to remember police officers,
not for the way they died, but the way they lived. Chief Austin stated that the candlelight
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vigil will take place in Washington D.C. on Friday, May 13, 2022, at 7:00 pm Central and can
be livestreamed at the National Law Enforcement Officers Memorial Fund website. He said
that on Sunday, May 15, 2022, the Minnesota Law Enforcement Memorial Association will
be conducting a memorial service at 7:00 pm at the Minnesota Law Enforcement Memorial
in Saint Paul, Minnesota, at the Capitol.
CONSENT AGENDA
Motion by Councilmember Jacobs, seconded by Councilmember Novitsky, to approve the Consent
Agenda as presented. All Ayes, Motion Carried 5-0.
1. Approve April 25, 2022 City Council Meeting Minutes
MOTION: Move to Approve the City Council Meeting Minutes of April 25, 2022.
2. Approve May 2, 2022 City Council Work Session Meeting Minutes
MOTION: Move to Approve the City Council Work Session Meeting Minutes of May 2,
2022.
3. Accept October 2021 Charter Commission Meeting Minutes
MOTION: Move to accept the Charter Commission Meeting Minutes of October 21, 2021.
4. Accept April 6, 2022 Library Board Minutes
MOTION: Move to accept the Library Board Minutes of April 6, 2022.
5. Purchase of Network Equipment — New City Hall
MOTION: Move to approve purchase of network components for the new City Hall building
from PDS in the amount of $82,890.83
6. Firewall Replacement
MOTION: Move to approve purchase of 2 FortiGate 400Es from PDS in total amount of
$28,935.18
7. Computer Replacement
MOTION: Move to approve purchase of departmental computer replacements from
Baycom and Everyday Technology totaling $72,505.00.
8. Purchase of Network Equipment — City Wide
MOTION: Move to approve purchase of City wide network components from PDS in the
amount of $59,542.90
9. Approve Leo A Daly Change Order for City Hall Floorplan and Design, City Project 1911
MOTION: Move to approve Change Order No. 1 from Leo A Daly in the amount of $108,380
for additional work items for the new City Hall, Project 1911, to be appropriated from Fund
411.9999.43050.1911.
10. Approve Change Order for City Hall Snow Melt System, Project 1911
MOTION: Move to approve Change Order No. 1 amending the Transfer Agreement with
Alatus in the amount of $167,116 for a Snow Melt System for City Hall, Project 1911, to be
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funded partially through project escrow ($12,000) and a grant obtained from the MWMO
($131,000).
11. Approve Change Order No. 1 to Meyer Contracting for Central Avenue Sanitary Sewer
Improvements, City Project 2204
MOTION: Move to approve Change Order No. 1 to Meyer Contracting, Inc. in the amount
of ($292,701.40) deduction, for a revised contract amount of $1,819,595.29, for Central
Avenue Sanitary Sewer Improvements, Project 2204.
12. Adopt Resolution 2022-56, Accepting Bids and Awarding a Contract for the 2022
Miscellaneous Concrete Repairs and Installations, City Project 2200
MOTION: Move to waive the reading of Resolution 2022-56, there being ample copies
available to the public.
MOTION: Move to adopt Resolution 2022-56 being a Resolution accepting bids and
awarding the 2022 Miscellaneous Concrete Repairs and Installations, City Project No. 2200,
to Standard Sidewalk, Inc. of Blaine, Minnesota, based upon their low, qualified,
responsible bid in the amount of $32,835.50 from Fund 415-6400; and, furthermore, to
authorize the Mayor and City Manager to enter into a contract for the same.
13. Award of Professional Services for Construction Materials Testing for Central Avenue
Sewer Manhole Improvements, Project 2204
MOTION: Move to approve the proposal for Construction Materials Testing for Central
Avenue Sewer Manhole Improvements, Project 2204, with American Engineering Testing,
Inc. of Saint Paul, Minnesota, based on project testing requirements for an estimated cost
of $31,732.80 appropriated from Fund 652-9999-43050-2204.
14. Review of Bills
MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8 the City
Council has reviewed the enclosed list to claims paid by check and by electronic funds
transfer in the amount of $1,190,951.77.
PUBLIC HEARINGS
15. Consideration of Resolution No. 2022-53 for a Conditional Use Permit and Variance for
the Public Safety Site Perimeter Security Fence located at 825 41st Avenue NE
Hark reported that the City has applied for a Conditional Use Permit and Variance for the
property located at 825 41st Avenue NE. The project site is home to the City's Police and
Fire Departments, which was constructed in the year 2009. The applicant proposes to
construct 8-foot-high perimeter security fencing in order to improve the overall security
and safety of the Public Safety campus. The proposed fencing on the western and a portion
of the eastern property lines will be black steel palisade anti -scale fencing with the top
turned outwards. The property's proposed rear fencing will be chain link, with north and
south chain link pivot gates that meet the pavement. No fencing is proposed along the
site's front property line.
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The subject property is located in the PO — Public and Open Space Zoning District. It is
adjacent to a Planned Unit Development (PUD #2021-01) to the north, One- and Two -
Family Residential District (R-2A) to the west, and Multiple -Family Residential District to
the east (R-4) and the south (R-3). Since the site is directly adjacent to residential zoning
districts, the fencing itself is considered "residential." Per City Code §9.106(E)(2), fences
exceeding six feet in height shall be deemed structures and shall require a Conditional Use
Permit. The Zoning Ordinance further requires that fences cannot exceed seven feet in
height. Because the proposed fence exceeds this height, a Variance is also requested.
The Comprehensive Plan guides this area for Institutional Use, which is consistent with its
current use as the City's Public Safety campus. The proposed perimeter security fencing is
compatible with the institutional use guided for this site by the Comprehensive Plan.
Section 9.104 (H) of the Zoning Code outlines nine conditions that must be met in order for
the City to grant a Conditional Use Permit. They are as follows:
(a) The use is one of the conditional uses listed for the zoning district in which the
property is located, or is a substantially similar use as determined by the Zoning
Administrator.
City Code §9.106(E)(2) stipulates that residential fences that exceed six feet in height shall
require a Conditional Use Permit. This application is consistent with the requirements of
the Code.
(b) The use is in harmony with the general purpose and intent of the comprehensive plan.
The Comprehensive Plan guides this property for institutional use. Installing a perimeter
security fence around the City's Public Safety Building is in harmony with the purpose and
intent of the Comprehensive Plan.
(c) The use will not impose hazards or disturbing influences on neighboring properties.
The proposed 8-foot height perimeter security fencing should not cause hazards or
disturbing influences on neighboring properties.
(d) The use will not substantially diminish the use of property in the immediate vicinity.
The proposed project should not diminish the use of the property in the immediate vicinity.
(e) The use will be designed, constructed, operated and maintained in a manner that is
compatible with the appearance of the existing or intended character of the surrounding
area.
The proposed black steel fencing is of high -quality material that is under 25% opaque.
Additionally, the proposed chain link fencing will also have very low opaqueness, which will
contribute to preserving the current appearance and character of the neighborhood.
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(f) The use and property upon which the use is located are adequately served by essential
public facilities and services.
This is correct.
(g) Adequate measures have been or will be taken to minimize traffic congestion on the
public streets and to provide for appropriate on -site circulation of traffic.
This is correct. The fencing should not affect traffic congestion on public streets or on -site
traffic circulation.
(h) The use will not cause a negative cumulative effect, when considered in conjunction
with the cumulative effect of other uses in the immediate vicinity.
This is correct. The fencing should not cause a negative cumulative effect.
(i) The use complies with all other applicable regulations for the district in which it is
located. This is correct. The fence will be constructed of approved fencing materials per the
Zoning Ordinance and State Building Code.
Additionally, Section 9.104 (G) of the Zoning Code outlines five conditions that must be met
in order for the City to grant Variance. They are as follows:
(a) 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.
The parcel in question serves as the home of the City's Police and Fire Departments. The
public safety use warrants a two -foot increase in allowable fence height and is permissible
by the zoning ordinance through the Variance process. 104 Item 15. Page 3
(b) 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.
The specific parcel of land in question serves as the City's sole public safety center, making
the conditions unique to the parcel.
(c) 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.
The variance allowing additional height on the fence will help improve the overall security
and safety of the Public Safety campus.
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(d) The granting of the variance is in harmony with the general purpose and intent of the
Comprehensive Plan.
The property is guided for institutional use. The proposal is consistent with the general
purpose and intent of the Comprehensive Plan.
(e) 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.
It does not appear that the 8-foot fencing proposed for this site would be detrimental to
the public welfare of affect the overall enjoyment, use or value of the property in the area.
The applicant is requesting a Conditional Use Permit and Variance to construct 8-foot
fencing around the perimeter of the City's Public Safety Campus located at 825 41st
Avenue NE. In review of the application, Staff finds the Conditional Use Permit and
Variance requests to be reasonable and will not negatively impact the health, safety, or
welfare of the City, its residents, and property owners. On May 3, 2022, the Planning
Commission unanimously voted (with two absences) to recommend approval to the City
Council on this matter. Staff recommends that the City Council approve the Conditional
Use Permit and Variance as presented, subject to certain conditions.
Mayor Marquez Simula opened the public hearing.
No one wished to speak.
Motion by Councilmember Novitsky, seconded by Councilmember Murzyn Jr., to close the
public hearing and waive the reading of Resolution No. 2022-53, there being ample copies
available to the public. All Ayes, Motion Carried 5-0.
Motion by Councilmember Novitsky, seconded by Councilmember Murzyn Jr., to approve
Resolution No. 2022-53, a resolution approving a Conditional Use Permit and Variance for
the Public Safety site perimeter security fence to be located at 825 41st Avenue NE, subject
to the conditions stated in the resolution. All Ayes, Motion Carried 5-0.
ITEMS FOR CONSIDERATION
16. Approve Metropolitan Council LCDA Loan Agreement
Chirpich reported that on January 26, 2022, the Metropolitan Council awarded the City a
$1,232,000 Livable Communities Demonstration Account Development Grant (LCDA grant)
to support the Reuter Walton affordable housing, and Southern Anoka Community
Assistance (SACA) food shelf project that is being developed on the City's Public Safety
remnant parcel. The City is required to administer the grant and distribute the funds for
eligible project related costs. Eligible expenses include, stormwater infrastructure, site
preparation, engineering, soil remediation, placemaking, and public art.
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Of the $1,232,000 LCDA grant, the City intends to distribute $820,000 to Reuter Walton
and $412,000 to SACA. Reuter Walton will be using the funds exclusively for stormwater
infrastructure, site grading, and soil corrections. To ensure compatibility with their overall
project financing, Reuter Walton has asked the City to provide their portion of the LCDA
funding in the form of a loan. This type of arrangement is common for affordable housing
projects that receive LCDA funding, and the LCDA grant agreement between the City and
Metropolitan Council permits such an arrangement.
The primary terms of the loan agreement and ancillary agreements are as follows:
The loan term is 40 years (same term as the primary project financing); the interest rate is
1% (simple interest); payment of the loan is deferred for the full term and due in full as a
balloon payment upon maturity; loan funds will only be disbursed for grant eligible
expenses; loan funds will only be disbursed by the City after they are received by the
Metropolitan Council; the City/LCDA loan will be subordinate to the primary project
financing.
Mayor Marquez Simula congratulated them on receiving the grant and stated that the
infrastructure and affordable housing is what the City needs. Chirpich said this project has
utilized several sources of funding and thanked the Metropolitan Council for the grant.
Motion by Councilmember Jacobs, seconded by Councilmember Murzyn Jr., to waive the
reading of Resolution 2022-54, there being ample copies available to the public. All Ayes,
Motion Carried 5-0.
Motion by Councilmember Jacobs, seconded by Councilmember Buesgens, to approve
Resolution 2022-54, a resolution approving the execution and delivery of documents in
connection with a Livable Communities Demonstration Account Grant from Metropolitan
Council with respect to a housing project. All Ayes, Motion Carried 5-0.
Bid Considerations
17. Accept Bids and Award Contracts for City Hall Buildout, Project 1911
Director Hansen reported that at the Special City Council meeting of March 23, 2022, the
Council approved the final plans and specifications and authorized bidding for the buildout
of the new City Hall. The bidding process is being administered by the Construction
Manager, Doran Special Projects (DSP). Bids were obtained by two means — price quotes
for cost items under $175,000 and sealed bids for items over $175,000. Bids were provided
in 28 construction areas identified in the project specifications. The bid opening was
conducted on Wednesday, April 27, 2022.
The initial bid tabulation for the City Hall Buildout (only) provided a total project cost of
$6.4 million. DSP is still analyzing the bids received so the project costs may change. The
3/23/22 budget and DSP pricing check prior to bidding established an estimate of cost
(range) of $5.3 — 5.7 million. While the project budget was updated to reflect anticipated
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price increases due to inflation, pandemic induced supply chain disruptions, and labor
shortages, the bids received exceeded those estimates.
Based on evaluation of the bids received, DSP is recommending either award of contract or
reject and rebid (in an effort to reduce costs) as follows:
PUBLICLY BID: 6A Carpentry Install $120,000; 6B Architectural Woodwork Reject and Rebid;
8A Aluminum Frame Entrances Reject and Rebid; 9A Gypsum Board $599,969; 9B Ceramic
Tile Reject and Rebid; 9C Acoustical Panel Ceilings $332,833; 22A Plumbing Reject and
Rebid; 23A HVAC $1,170,000; 26A Electrical $746,000; 27A Data Communications
$127,537.
Director Hansen stated that those that are rejected and rebid would be brought back to the
Council on June 6, 2022, for approval.
BID QUOTES: 1A Final Cleaning $9,637; 4A Concrete Masonry and Stone $222,275; 5A
Metal Fabrication Materials $20,835; 5B Metal Fabrication Installation $11,600; 7B Joint
Sealants $9,670; 8B HM Doors/Frames $90,078; 9D Tile Carpeting $129,900; 9E Painting
$69,675; 10A Signage $11,560; 1013 Specialties $52,202; 10C Fireplace $20,550; 11A
Appliances $5,000; 12A Roller Window Shades $23,755; 12B Quartz Countertops $103,228;
21A Fire Suppression $142,390; 27B AV Communications Reject and Re -quote; 28A Security
Systems Reject and Re -quote; 28B Fire Detection and Alarm $21,995.
Director Hansen said that the bid quotes were the items that were estimated to be below
$175,000, those that are recommended to be rejected and requoted came in above that
amount.
The bid tabulation was included for each section. The bids were reviewed and tabulated by
DSP and their recommendation letter was included. In each bid section, the low bidder was
provided for contract award. Staff concurs with DSP's recommendations in both the
publicly bid and quoted categories and recommends accepting and awarding 22 contracts.
Motion by Councilmember Buesgens, seconded by Councilmember Jacobs, to accept bids
and award contracts, and reject bids and authorize rebidding, for the City Hall Buildout,
Project 1911, to contractor(s) as listed on the attached summary, based upon their low,
qualified, responsible bids, in the total amount identified in each category, with funding
from Fund 411.9999.45120.1911, and furthermore, to authorize the Mayor and City
Manager to enter into contracts for the same. All Ayes, Motion Carried 5-0.
18. Approve Furniture Acquisition for City Hall Buildout, Project 1911
Director Hansen reported as they are in the project bidding stage for the buildout of the
new City Hall, other aspects also need to be developed, approved and ordered to be ready
for the opening for late Fall 2022. The contract with Leo A Daly included design and project
administration for FF&E — furniture, fixtures, and equipment. As furniture can currently
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have a lead time of 10-14 weeks, procurement needs to occur now to allow for an October
installation.
Staff used a process similar to the City Library for the furniture, fixtures and equipment
selection process. Site visits to multiple vendors occurred (Fluid Interiors, Henricksen,
General Office Products & iSpace); furniture manufacturers and their product lines were
reviewed and a single vendor was selected. As the selected vendors had contract pricing
available on Contract Purchasing Agreements such as the State of Minnesota, Omni, or
Sourcewell, competitive bids were not necessary.
A review committee with representatives from each department in the new City Hall
participated in the vendor selection and chose Fluid Interiors. (As a side note - Fluid
Interiors provided the furniture for the Fridley City Hall). The review committee worked
with Fluid and LAD in the development and selection of FF&E for the new space. In the
current economy, the primary furniture manufacturer (Haworth) informed us that an 8%
price increase would occur for all orders places after April 30th of this year. To avoid the
cost increase a partial order was placed with Haworth furniture for office and work station
furniture. Another order completing the FF&E for the new City Hall will be presented to the
City Council at a later date.
Staff recommends approving the partial order of Haworth furniture from Fluid Interiors in
the amount of $311,993.15.
Motion by Councilmember Novitsky, seconded by Councilmember Murzyn Jr., to approve
the partial furniture purchase from Fluid Interiors for office and work station furniture in the
amount of $311,993.15 from Fund 411.9999.45180.1911. All Ayes, Motion Carried 5-0.
CITY COUNCIL AND ADMINISTRATIVE REPORTS
Report of the City Council
Councilmember Jacobs stated she wanted to make a correction to a statement she made at the
previous meeting regarding her visit to the Sister City, she misstated that there were 3,000 refugees
but there are roughly 2,000 refugees. She said she attended the recent "Coffee with a Cop" and the
drug drop off; attended a premiere viewing of the Inn -Dependent, which is airing on Channel 5 for the
next several Saturdays at 7:00 pm, it follows the journey of nine local women who came together to
purchase, renovate, and rebrand a local bed and breakfast into the guesthouse. She stated she
facilitated seven resident reach outs; she acknowledged that May is the national observation of Asian
American Pacific Islander Heritage month and stated that there are a number of Asian Americans and
Pacific Islanders living in the City; she listed several of those that made substantial contributions to our
history.
Councilmember Buesgens stated that the Lomianki Food Forrest group met to start planning the
planting and cleaning up of the garden Lomianki Park; she invited anyone who wanted to help on
Tuesdays at 5:30 pm through the end of summer or early fall. She said she attended the Parks and
Recreation meeting; was part of the "Central Avenue, Bring Back Our Main Street" group; was outside
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the Iftar Dinner that was hosted at Murzyn Hall, had conversations with community members about
their concerns about Central Avenue, and was invited in to the Iftar Dinner; attended the take back of
prescription drugs and "Coffee with a Cop; attended the Planning Commission meeting; had a meeting
with MN DOT in regards to the "Central Avenue, Bring Back Our Main Street" meeting that is being
planned for June 2022; had coffee with the Fire Department at Heartlake Apartments; and met with
the Central Avenue committee to plan the meetings in June 2022.
Mayor Marquez Simula thanked Councilmember Jacobs for mentioning that it is Asian American Pacific
Islander Heritage Month. She stated that May is also Mental Health Month, reminded people that
there is support out there, and there will be a proclamation at the next meeting; she said that we need
to work on the stigma that mental health is a problem that people should not be addressing. She
stated that May is also Garden for Wildlife Month; people can plant native plants, leave fresh water
out, have bushes and plants that can provide cover for wildlife. She attended the Cinco de Mayo
Celebration with the Fire Department at Heartlake Apartments; she is teaching a Wednesday evening,
"Discussing Race and Racism" with First Lutheran Church; had Tibetan Community Zoom meeting last
week, it was well attended; attended the Fridley and Columbia Heights Rotary Operation Pollination
meeting, along with the City Forester and members from the School District; attended the EDA
meeting and work session meeting last week; helped stop by the Police Iftar that was hosted at the
Columbia Heights mosque; had a Mayor's Monarch Pledge and national meeting with the National
Wildlife Federation; attended a Girl Scout River Valley Council interview; met with MN DOT; reminded
everyone of "No Mow May" (yard signs are available for $15.00 in utility billing), leaving dandelions
and clovers for bees and small pollinators that are just coming out of the ground.
Report of the Public Works Director
Director Hansen reported that 371h Avenue water main structure lining is going well; there will be a
residential meeting on May 24, 2022, for the street zone rehab work, and the contractor plans on
starting work in the last week of May and working through the end of the summer; the schedule for
sanitary sewer work on Central Avenue is pending due to a delay in scheduling materials. He stated
that CenterPoint Energy has been doing a large amount of gas line replacements in the City.
COMMUNITY FORUM
Mayor Marquez Simula opened the community forum.
Rachel James, City resident, thanked the Council for their decisions they made in the work sessions to
continue to keep their democracy open, transparent and accountable. She stated she appreciates the
opportunity to attend via Zoom, that residents can watch the meetings on the community channel,
that she can speak during the community forums, and for the Councilmembers that voted for the work
sessions to continue to be available via Zoom. She added she is thankful for the opportunities for
residents to speak at the meeting and voice their concerns.
ADJOURNMENT
Motion by Murzyn Jr., seconded by Councilmember Novitsky, to adjourn. All Ayes, Motion Carried 5-0.
Meeting adjourned at 7:39 pm.
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Respectfully Submitted,
Sara Ion, City Clerk/Council Secretary