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HomeMy WebLinkAboutSeptember 22, 2003OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL CITY COUNCIL MEETING SEPTEMBER 22, 2003 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, September 22, 2003 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. Reverend Bob Lyndes, St. Timothy Lutheran Church, gave the Invocation. CALL TO ORDER/ROLL CALL Present: Mayor Wyckoff, Councilmember Williams, Councilmember Nawrocki, Councilmember Ericson, and Councilmember Kelzenberg. PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA - none PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS A) Proclamations 1. Polish-American Heritage Month Councilmember Nawrocki read the Proclamation proclaiming October 2003 as Polish-American Heritage Month. Mayor Wyckoff presented the proclamation to Casmir Bryzinski, member of our Sister City Committee. He thanked the City Council for their support and cooperation. 2. Domestic Violence Awareness Month Councilmember Ericson read the Proclamation proclaiming October 2003 as Domestic Violence Awareness Month. 3. Minnesota Cities Week - October 5 to 11 Councilmember Kelzenberg read the Proclamation proclaiming October 5 to 11, 2003 as Minnesota Cities Week- City Government: Serving Citizens 24/7. Nawrocla' referred to the "whereas" regarding the responsibilities of city officials. B) Presentations- 1. Columbia Heights Athletic Boosters donation to the Recreation Department Gary Mayer, President of the Columbia Heights Athletic Boosters, stated this was the second half of this year's $25,000 donation, in the amount of $12, 500, to the Columbia Heights Athletic Department. Gerald Foss gave Mayor Wyckoff a list of amounts donated by the Athletic Boosters since the mid-1980 's. Keith Windschitl, Recreation Director, thanked the Boosters for their support. Williams asked when the Boosters meet. Foss indicated the third Wednesday of each month at Murzyn Hall. Wyckoff stated that since 1980 the Boosters have donated $1,113,767 to the high school, $1, O1 O, 755 to the City of Columbia Heights, $480,000 in miscellaneous contributions, and $175, 000 in high school scholarships. 2) Citizen Award of Commendation to Chaucer Bergstrom Fehst indicated that this person did not wish to be publicly recognized. C) Introduction of New Employees - none . D) Recognition - none CONSENT AGENDA City Manager Walt Fehst took Councilmembers through the Consent Agenda items. City Council Minutes September 22, 2003 Page 2 of 12 1) Approve City Council Meeting Minutes for September 8, 2003 Motion to approve the minutes of the September 8, 2003 regular City Council meeting as presented. 2) Accept Boards and Commissions Meeting Minutes a) Motion to accept the Library Board of Trustees minutes of September 2, 2003 b) Motion to accept the Economic Development Authority minutes of August 20, 2003 c) Motion to accept the Human Services Commission minutes of September 10, 2003 3) Adopt Resolution No. 2003-38, being a resolution adopting revised wage rate for youth football officials, effective September 13, 2003 Motion to waive the reading of Resolution No.2003-38, there being ample copies available to the public. Motion to adopt Resolution 2003-38, being a resolution adopting revised wage rate for youth football officials, effective September 13, 2003. Fehst stated the youth football official's wage wouM increase from $20 to $25 per hour. Windschitl stated that this wage was overlooked at the time other rates were increased. RESOLUTION 2003-38 ADOPTING REVISED WAGE FOR YOUTH FOOTBALL OFFICIALS WHEREAS, the City of Columbia Heights adopted a Wage Compensation Program for Non- Unionized City Employees effective January 1, 1980 (Resolution 8-47), which indicated that on an annual basis, changes will be adopted in wage ranges, based upon reliable survey data. NOW, THEREFORE, BE IT RESOLVED THAT the City of Columbia Heights adopts a revised wage for seasonal/temporary Recreation positions, specifically youth football officials, as indicated on Schedule III, which is attached and is on file in the office of the City Manager; and BE IT FURTHER RESOLVED that such revised schedule be effective September 13, 2003. 4) Adopt Resolution No. 2003-39, being a resolution establishing the amount of City Share and amount of Special Assessments on projects to be levied Motion to waive the reading of Resolution No. 2003-39, there being ample copies available to the public. Motion to adopt Resolution No. 2003-39, being a resolution establishing the amount of City Share and amount of Special Assessments on projects to be levied. Fehst stated this street project would come before Council on October 8th. The cost this past year was approximately ten percent lower than the proposed rate. Nawrocki asked how these rates are arrived at. Fehst stated this percentage is the same that has been used for the last six years. RESOLUTION NO. 2003-39 BEING A RESOLUTION ESTABLISHING AMOUNT OF CITY SHARE AND AMOUNT OF SPECIAL ASESSMENTS ON PROJECTS TO BE LEVIED WHEREAS, the City Council of the City of Columbia Heights by motion on the 25th day of August, 2003, ordered a special assessment hearing to levy the cost of improvements and; WHEREAS, the following projects will be specially assessed in October, 2003, and a portion of the costs may be borne by the City, City Council Minutes September 22, 2003 Page 3 of 12 NOW THEREFORE BE IT RESOLVED pursuant to Minnesota Statutes 429.061, and City Code 4.103, that the breakdown is as follows: PROJECT ESTIMATED ASSESSED ESTIMATED Zone 6B Street Construction Project 0302 $300,500 $502,600 $803,100 Zone 6B - General, Utility Funds $209,300 $ - 0 - $209,300 5) Approve an extension of the Police and Fire Medical Service Contract with the City of Hilltop through December 31, 2003, at a rate of $37,250 for police service and a rate of $170 per call for medical calls. Motion to approve an extension of the Police and Fire Medical Service Contract with the City of Hilltop through December 31, 2003, at a rate of $37,250 for police service and a rate of $170 per call for medical calls. Fehst stated the rate was increased for three months, enabling us to meet with the Hilltop City Clerk and City Attorney to discuss Police and Fire Service and medical call fees. Hilltop 's fire service contract with Fridley expires at the end of the year and discussions include also providing this service. Fehst stated the Hilltop City Council was meeting tonight on this topic. 6) Approve Business License Applications Motion to approve the items as listed on the business license agenda for September 22, 2003 as presented. 7) Approve Payment of Bills Motion to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 105090 through 105213 in the amount of $452,295.30. Motion by Nawrocki, second by Williams, to approve the consent agenda items as presented. Upon vote: All ayes. Motion carried. PUBLIC HEARINGS Public Hearing to approve revocation of the Rental License for 4610-4612 Fillmore Street. Mayor Wyckoff closed the public hearing regarding the revocation or suspension of the rental license held by Mohsen Dessouki for rental property at 4610-4612 Fillmore Street NE, in that the property now complies with the Residential Maintenance Code. Public Hearing to Adopt Resolution 2003-40, Adopting a Modification to the Downtown CBD Revitalization Plan for the CBD Redevelopment Project and establishing the Kmart/Central Avenue TIF District and Adopting a TIF Plan. Bob Streeter, Community Development Director, stated this approval wouM assist in the construction of 244for sale housing units, ranging from $170,000 to $300,000 to be built between now and 2007, and I0, 000 square feet of commercial space, constructed between 2005 and 2006, and submittal of a redevelopment plan within the next twelve months for the adjacent area. The developer is requesting up to $700, O00 for removal of the existing building and placement of utilities. Streeter stated that Economic Development Authority (EDA) Attorney, Steve Bubul of Kennedy and Graven, was present to answer questions. Wyckoff invited anyone to come in and see the financial figures for the project. Streeter indicated that any citizen can ask for information on the project and indicated these items are also discussed at the EDA meetings. Demolition will take place afier preliminary plat approval, approximately in November, City Council Minutes September 22, 2003 Page 4 of 12 Ericson asked for an explanation of what Tax Increment Financing (TIF) is. Streeter described this financing as a "Pay As You Go" note and stated the funds would be used to return the land to its basic state. The new buildings would generate the funds to pay back this amount. The City does not pay any money up front. Nawrocki asked if there is a limit to the profit that can be made. Streeter indicated that they are required to give us that information and anything over 15 percent would go toward the TIF. Steve Bubul, stated there could be disagreements on the profits, but could be worked through. The EDA would have control of the tax increment. Nawrocki requested an understandable layout of the storm sewer/sanitary sewer system related to the Kmart development and where they would converge on the current system on the way to the treatment plant. Streeter stated that the SEH report indicated that the sanitary sewer line from 45th to 51st would have to be increased to 12 inches. Nawrocki emphasized the importance of this. Nawrocki stated that he questioned at the EDA meeting if there would be additional TIF requested for the commercial space. Streeter indicated that the City would not be required to do so, but the EDA may wish to support an additional parking area. The developer would still be obligated to develop the 10,000 square foot commercial space. Nawrocki stated that the TIF would mean there would be 16years before any additional taxes would be received to support government or school. Streeter referred to the loss of potential taxes if nothing was done. Streeter referred to the City's image, and new housing goals. Wyckoff stated that the owner and developer are Columbia Heights residents. Williams stated that this Resolution is only to approve the financing and is not approval of the building plan. He indicated that this TIF would not be a risk to the City. Streeter stated this was preferable to the City having to clear the land. Fehst stated that the City does get ten percent of the tax from the site for administrative purposes, which would be almost as much as we receive now. Nawrocki indicated that the six percent interest rate was not included. He stated that the Planning and Zoning Commission (P&Z) would determine if the plans meet code and that the elected body does not end up making the .final decision. Nawrocki referred to a petition from the Cheery Heights residents regarding their loss of view due to the height of the proposed units. Ericson pointed that that the elected officials also sit on the EDA. She indicated benefits to the City regarding high quality homes and the attraction of new residents and businesses. Lee Stauch, 1155 Khyber Lane, questioned who would pay for enlargement of the sewers and the fear that engineers under estimate the size necessary. Wyckoff stated the developer would pay for the improvements. Streeter described the public process, whereby the City Council established an advisory group that met six times, a community forum was held on June 12, the P&Z reviewed this twice, four City Council meetings and five work sessions discussed aspects of the proposed development, four articles were printed in the Sun Focus newspaper, two articles in the Northeaster newspaper, and information was placed on the City's web site and newsletter. Nawrocki indicated that EDA deliberations are not on cable TV and are just as important. Motion by Kelzenberg, second by Williams, to waive the reading of Resolution No. 2003-40, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution 2003-40, Adopting a Modification to City Council Minutes September 22, 2003 Page 5 of 12 the Downtown CBD Revitalization Plan for the CBD Redevelopment Project and establishing the Kmart/Central Avenue TIF District and Adopting a TIF Plan. Kelzenberg thanked Mr. Nedegaard for paying for the study done in this area. Streeter indicated that the developer would also pay for the attorney fees. Their costs to this point do not qualify for TIF funds. Upon vote: All ayes. Motion carried. Mayor Wyckoff invited anyone present regarding the petition to address the Council. Jon Kalata, 1144 Khyber Lane, stated fear that their area would be compromised by the height of the development, increased traffic, and increased foot traffic. Wyckoff indicated the footpaths would lead to side streets. Kalata thanked Nawrocki for his concern. Kalata showed pictures of the proposed development area and stated that it would obscure the view from 15 homes on the three adjacent cul-de- sacs. He suggested single family or duplex homes, as they would cultivate better citizens. Kalata asked if there would be an EDA meeting showing development plans where residents could see the plan and give their point of view. He suggested taking the grade of the area down ten or twelve feet. Wyckoff stated that residents would be notified of any meetings. Ericson asked if this was the same petition previously presented. Kalata stated that the petition was the same, but that his wife added the letter. Ericson asked if the other petitioners saw this letter. Kalata stated "no ". Wyckoff stated she has asked for citizen's participation. Williams asked that Kalata communicate with the Community Development Director. Kalata stated there has been some communication. Streeter indicated the preliminary plat might be presented to the P&Z at a special meeting in October. Williams asked what grade the developer was considering. Streeter stated he was not sure, but the concerns of residents are important, along with considering the Comprehensive Plan and long term City goals. Mhamed Ouchagour, 1156 Khyber Lane, stated he moved to this location because of the view, and felt it was unfair to take that away. The buildings could be made only three stories instead of four stories. He referred to the Apache mall being closed. Nawrocki stated concern that many of these issues would not come back to Council for consideration. Tim Johnson, City Planner, stated that the development agreement would come before the City Council and all general issues of the development would be addressed. Motion by Nawrocki to accept the petition as presented by Kalata and to direct staff to advise Mr. Kalata of all meetings held by the P&Z, EDA and City Council concerning this issue, with the understanding that he would be a liaison for his neighborhood. Williams stated that staff has already been directed to do so. Fehst stated that a Public Hearing requires notification of everyone within 300feet of the property being considered. Fehst stated that all residents listed on the petition would also be notified of these meetings. Nawrocki suggested amending the motion to include all those that have signed the petition. Williams indicated that they would be notified and a motion was not required. Wyckoff officially accepted the petition from residents of the Cheery Lane area. Wyckoffcalled for a second to the motion. Without a second, the motion was not considered. City Council Minutes September 22, 2003 Page 6 of 12 Stauch stated that he asked at the beginning of the process to receive notice of all meetings and only received one letter. He stated that he originally bought his property for the view. Ericson stated that this controversy is going on in many cities, and is not unique to our community. *Resolution 2003-40 will be found at the end of this document. ITEMS FOR CONSIDERATION Other Ordinances and Resolutions 1. First Reading of Ordinance No. 1460, being an Ordinance amending Ordinance No. 853, pertaining to Zoning and Development Ordinance No. 1428. Tim Johnson, City Planner, indicated the next two items would amend the Zoning Ordinance to allow design guidelines and the Resolution would adopt design guidelines. Developing guidelines began twelve months ago. The design guidelines address facades, materials, building colors, heights, and other standards. This was considered so as to be consistent with the streetscaping completed on Central Avenue last year, and to hold businesses and developers to standards. Johnson indicated that a Council Task Force convened in October of 2002 and recommendations were brought forward at an open house in the spring of 2003. With input from that forum, the guidelines were created, establishing three overlay districts: the highway district, central business district, and 40tn Avenue district. Johnson indicated that the owners of the new Discount Tire site were very cooperative and worked with staff to hold to the proposed guidelines. Johnson introduced Marlaine Szurek, P&Z member. Szurek stated that discussions for the need of guidelines began when she was on the City Council so developers could see what we want for our city. With the help of URS and Susan Reis, the Task Force toured other cities, and chose favorable qualities to be incorporated. The design guidelines would not allow things such as the pole barn building that was constructed and removed on 40tn Avenue. Szurek stated that business owners are excited about this change because they have a vested interest in this city. The guidelines do aliow flexibility as there may be better building materials available in the future. Discussion included the colors buildings can be painted. Fehst spoke of enforceability. Wyckoff questioned funding to assist business owners with improvements. Johnson stated there is a business revolving loan fund, which is limited at this point, but staff is looking for other sources of funding for these types of projects. Szurek stated that all businesses have been contacted. Wyckoff asked that the Rising to New Heights committee put pressure on some businesses to dean up. Kelzenberg stated the P&Z meeting showed that Discount Tire did even more than they were asked to do. Wyckoff listed the members of the task force. Motion by Williams, second by Kelzenberg, to waive the reading of Ordinance No. 1460, there being ample copies available to the public. Upon vote: all ayes. Motion carried. Motion by Williams, second by Kelzenberg, to schedule the second reading of Ordinance No. 1460, being an Ordinance amending Ordinance No. 853, pertaining to Zoning and Development Ordinance No. 1428 for Monday, October 13, 2003, City Hall Council Chambers, at approximately 7:00 p.m. Ericson questioned allowing waivers from the guidelines and if they would be approved by staff. Johnson stated that alternatives would be allowed, but must still meet what we intend to accomplish. Johnson stated that staff would make recommendations on waivers to the P&Z or City Council. Ericson asked what the guideline for waiving the criteria would be. Jim Hoefi, City Attorney stated that like the current code, plans are reviewed at staff level and then reviewed by the P&Z, even ifa waiver were involved. The interpretation for site plan approval would be at P&Z and staff level. Ericson asked for confirmation that ifa site plan review meets our ordinance it would be approved, and if not it would require a variance and would need final Council approval. Hoefl indicated yes, City Council Minutes September 22, 2003 Page 7 of 12 that staff can not act in an arbitrary and capricious manner. There would be parts open to a subjective nature, as there are now. Nawrocki indicated that waivers should only be approved by final vote of the City Council. He stated that per these guidelines, the Nedegaard building would not qualify because of the parking space in front of the building. We will run into this type of situation time and time again Ericson suggested removing the portion regarding waivers. Hoefi stated that the process already exists in the City Code and staff, on a regular basis, makes decisions and interpretations of that code. The design guidelines would provide staff with guidance regarding aesthetic concerns, and historically staff's determination has been fairly restrictive and conservative. Ifa developer or property owner is not pleased, they can appeal to the City Council. Hoeft stated that the City Council could require a waiver come to them for a final decision. Ericson stated as an example that if proposed parking does not meet the requirements, staff could allow whatever percentage they choose. Nawrocki asked if there is a right of appeal to the P&Z's site plan review. Fehst stated that the P&Z holds a public hearing. Hoeft stated that an appeal could ultimately go to Council, who could overturn the decision. Ericson questioned the options available if Council is unhappy with a site plan that has been approved. Hoer stated that Councilmembers could require they review waivers or a site plans, but that is currently the job of staff and the P&Z. Ericson stated her concern was not for site plans because they must meet the City Code, but waivers may be interpretive. Wyckoff stated that consideration should be given to what wording other cities use regarding waivers. Nawrocki stated his belief that all site plans should come before the City Council, as there are not that many and it is not absolute whether they meet the ordinance or not. Nawrocki felt design guideline waivers would be necessary for things such as parking requirements, and should be reviewed by Council. Szurek explained why the Nedegaard building is placed as it is on the lot. Williams indicated desire to get the guidelines in place so buildings like a pole barn can not be built. Hoefi stated that the Design Guidelines Ordinance incorporates it into the City Code and then specifics are adopted by resolution, allowing for modifications by resolution. This is the first reading of the Ordinance and would not be in effect until 30 days following passage, and the Resolution will not be in effect until that time. Upon vote: All ayes. Motion carried. Adopt Resolution No. 2003-30, being a Resolution adopting Columbia Heights Design Guidelines for the Central and 40th Avenue corridors. Motion by Williams, second by Ericson, to waive the reading of Resolution No. 30, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Ericson, to adopt Resolution No. 2003-30, being a Resolution adopting Columbia Heights Design Guidelines for the Central and 40th Avenue corridors. Ericson indicated the desire to discuss waivers further with the City Planner and Design Guidelines consultant or at a work session. Motion by Nawrocki that consideration of the resolution be tabled until the next regular City City Council Minutes September 22, 2003 Page 8 of 12 Council meeting. Wyckoff called for a second to the motion. Without a second, the motion was not considered. Upon vote of the original motion: Kelzenberg; aye; Williams, aye; Ericson, aye; Nawrocki, nay; Wyckoff, aye. 4 ayes - 1 nay. Motion carried. RESOLUTION NO. 2003-30 CITY OF COLUMBIA HEIGHTS, MINNESOTA A RESOLUTION ADOPTING COLUMBIA HEIGHTS DESIGN GUIDELINES FOR THE CENTRAL AND 40TM AVENUE CORRIDORS W/W~REAS, the City of Columbia Heights has undertaken a process of preparing design guidelines that will build on and complement recent streetscape improvements, in which these guidelines will apply to the Central Avenue and 40th Avenue corridors; and WHEREAS, the Design Guidelines will be implemented to guide developers and business owners wishing to improve, expand, renovate, or proposing new building or parking construction; and to assist City Officials in reviewing development proposals; and Wltlv~REAS, these guidelines were developed by City Staff, consultants and a Task Force with representatives from the City Council, Planning Commission, area businesses, landowners, and interested citizens; and WHEREAS, the City intends that these guidelines be mandatory, however it is understood that there may be many ways to achieve similar design objectives through alternative approaches; and WHEREAS, the design guidelines will be linked to the Zoning Ordinance through the creation of three Design Overlay Districts consisting of the Central Avenue Business District (CBD), the 40th Avenue District, and the Highway District; and BE IT FURTHER RESOLVED that the Planning Commission has reviewed the Columbia Heights Design Guidelines, and recommends approval to the City Council. First Reading of Ordinance No. 1462, being an ordinance amending Ordinance No. 853, pertaining to Zoning and Development Ordinance No. 1428, Kmart Redevelopment Site Rezoning, Hoefi stated this item was presented at the last Council meeting as a Resolution. Upon staff review, it was decided that the zoning code language is not specific, and to leave no room for argument it is recommended to present the Kmart redevelopment site rezoning as an Ordinance. Nothing has changed from the Resolution to the Ordinance. Motion by Ericson, second Williams, to waive the reading of Ordinance No. 1462, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Ericson, second by Williams, to schedule the second reading of Ordinance No. 1462, being an ordinance amending Ordinance No. 853, pertaining to Zoning and Development Ordinance No. 1428, Kmart Redevelopment Site Rezoning, for Monday, October 13, 2003, City Council Chambers at approximately 7:00 p.m. Upon vote: All ayes. Motion carried. First Reading of Ordinance No. 1461, being an Ordinance Establishing Abatement of Public Nuisances Process Chief Johnson indicated that the current Nuisance Ordinance does not allow abatement of a nuisance and recovery of abatement costs from the property owner. This would include high cost cleanup for items like chemical cleanups of a methamphetamine lab. As some public nuisances are recurring problems that are not resolved with issuing a citation, having the means to recover the cost of cleanup would assist in keeping public nuisances to a minimum. Johnson stated that all City Council Minutes September 22, 2003 Page 9 of 12 cases, except immediate cleanup/abatement, would come before the City Council. Immediate cleanup wouM include things like a methamphetamine lab or chemical cleanup. This Ordinance change would be beneficial in cleaning up garbage properties and help keep our community pleasant to look at. Wyckoff referred to a property with debris that could be hazardous, and indicated that this Ordinance would be a great thing. Hoefi stated Minnesota Statutes provide for this procedure and due process concerns have been addressed by the Legislature. This is a statutory procedure available to cities. There are three levels of nuisance: safety/health issues, immediate nuisances (which would come before Council immediately following the abatemenO, and a notice process (which wouM come before Council to be declared a public nuisance). On the notice process, a district court would have to approve the abatement, the cleanup would then be done and costs assessed back to the owner. The prior nuisance situation discussed by Council would fall within the notice category, followed by a public hearing and the district court process prior to abatement. This process has been tested in the court system. The current system of issuing a citation is not effective. Hoefi explained that questions might arise on the value of disposed property and suggested removing and securing the property for 60 days. If no claim is made, notice of abandoned property could be given and the property placed on the city auction. The funds should be segregated. Nawrocki asked if the law requires bonded storage. Hoefl stated municipalities are only required to have secured storage. We would be allowed to dispose of the property immediately, but by the same process as abandoned property, we could avoid whether this property has value or not. Nawrocki questioned whether the responsibility of emergency cleanup would fall on the property owner or renter. Hoefi stated the owner would be responsible. Ericson stated the owner should bear the responsibility, so the City does not have to pay the cost. Harold Hoium, 4315 5th Avenue, gave his opinion against ordinances. Motion by Ericson, second by Kelzenberg, to waive the reading of Ordinance No. 1461, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Ericson, to schedule the second reading of Ordinance No. 1461, being an Ordinance Establishing Abatement of Public Nuisances Process for Monday, October 13, 2003, at approximately 7:00 p.m. in the City Council Chambers. Upon vote: All ayes. Motion carried. b) Bid Considerations - none c) Other Business - none ADMINISTRATIVE REPORTS Report of the City Manager Fehst referred to the State Auditor's negative comments regarding Administrative Tags. He commented on removal of critical State Aid and discussions to not allowing cities this source of revenue. Next Monday's work session will be budget discussions for the Library, Fire and Police Departments. There are two applicants for positions on the Library Board. There is also an opening on the Park and Recreation Commission. Kelzenberg stated that the Park Commission would meet next Wednesday at 7.'OO p. m. at Murzyn Hall. Wyckoff invited interested residents to attend the meeting, and indicated that the Charter Commission also needs members. City Council Minutes September 22, 2003 Page 10 of 12 Report of the City Attorney Hoefi indicated his displeasure with the State regarding Administrative Tags. CITIZENS FORUM - none COUNCIL COMMUNICATION Kelzenberg · Still on jury duty - will begin the 500 Club when it is complete. Williams · Terry Hoppenrath, Human Services Commission, has indicated a desire to resign due to health issues. · Received requests to place "Welcome to our neighborhood" speed signs, similar to the City of Minneapolis. · Asked everyone to remember Dick Schmidt, former Columbia Heights Police Officer, who passed away. · Pray for the peace and prosperity of our City. Life is short. After difficult situations, small differences seem unimportant. Don't take yourself too seriously, enjoy life. Wyckoff · Spent time with the City Manager's mother. · Sad at the passing of Dick Schmidt. His wife has made an appeal for help with Dick's rose gardens at City Hall and at their home. · Received a call from Jerry Foss suggesting the City Council host a chili cook off at Murzyn Hall. · Dale Schuetz, Humanitarian of the Year, needs help right now and First Lutheran Church will assist with a new roof and painting his home. Call First Lutheran Church if you would like to help. Ericson · Oct 25, 2003 is National Make A Difference Day, which is a unique national program to inspire volunteers. The Rising to New Heights group is encouraging residents to participate. Participation forms are available at City Hall. The group will judge them and recognize outstanding projects at an upcoming City Council meeting. Projects can be completed by an individual or as a group. If you are the one in need of assistance, contact Ted Landwehr. Nawrocki · Referred to an invitation from Community Methodist Church to take part in a panel to discuss the means by which the City and local churches might provide services to our community. · Referred to an article in the Anoka County Union stating that the Anoka County Housing and Redevelopment Authority would also levy Columbia Heights as they have been asked to take over the senior housing. Questioned who gave them that information or authority. Fehst stated that it has been discussed, but no formal action has been taken. Columbia Heights residents could be subject to 3 housing levies. We should now pay off the Sheffield District. Indicated staff's desire to sell offour senior citizen housing. Fehst indicated the need to reduce the budget, yet continue redevelopment, and that rents at Parkview Villa should have been raised long ago. Questioned documentation for how that funding was set up. · Regarding length of work sessions: staff would not need to be present if the City Manager would know all of the information. There were two secretaries present at the one meeting. · Has ownership of the Star Bar been verified? Chief Johnson stated the current owner is stillpart of the operation and therefore, the license is valid. City Council Minutes September 22, 2003 Page 11 of 12 · Policy discouraging employees from talking to City Councilmembers is uncalled for and should be made clear that staff can talk to Councilmembers. · When were Parkview Villa rents last discussed7 Fehst estimated during thefirst six months he was employed here. The present body has talked about changes for the last six months and nothing has happened. · Why was the copier request not on this agenda? Fehst stated a vendor tried to substantial undercut the low bid, so staff is giving all vendors another chance to bid. Bids will be compared on ability, maintenance costs, and price before presentation to Council. Wyckoff referred to the discussion on networking and Nawrocki's subsequent questions regarding the same. ADJOURNMENT Mayor Wyckoff adjourned meeting at 10:35 p.m. *RESOLUTION NO. 2003-40 RESOLUTION ADOPTING A MODIFICATION TO THE DOWNTOWN CENTRAL BUSINESS DISTRICT (CBD) REVITALIZATION PLAN FOR THE CBD REDEVELOPMENT PROJECT AND ESTABLISmNG THE K-MART/CENTRAL AVENUE TAX INCREMENT FINANCING DISTRICT THEREIN AND ADOPTING A TAX INCREMENT FINANCING PLAN THEREFOR. BE 1T RESOLVED by the City Council (the "Council") of the City of Columbia Heights, Minnesota (the "City"), as follows: Section 1. Recitals. 1.01. The Board of Commissioners (the "Board") of the Columbia Heights Economic Development Authority (the "EDA") has heretofore established the CBD Redevelopment Project and adopted the Downtown CBD Revitalization Plan therefor. It has been proposed by the EDA and the City that the City adopt a Modification to the Downtown CBD Revitalization Plan for the CBD Redevelopment Project (the "Revitalization Plan Modification") and establish the K- Mart/Central Avenue Tax Increment Financing District (the "District") therein and adopt a Tax Increment Financing Plan (the "TIF Plan") therefor (the Revitalization Plan Modification and the TIF Plan are referred to collectively herein as the "Plans"), all pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections 469.090 to 469.1082, Sections 469.001 to 469.047, and Sections 469.174 to 469.1799, all inclusive, as amended, (the "Act") all as reflected in the Plans, and presented for the Council's consideration. 1.02. The City has investigated the facts relating to the Plans and has caused the Plans to be prepared. 1.03. The City has performed all actions required by law to be performed prior to the establishment of the District and the adoption and approval of the proposed Plans, including, but not limited to, notification of County of Anoka and Independent School District No. 13 having taxing jurisdiction over the property to be included in the District, a review of and written comment on the Plans by the City Planning Commission, and the holding of a public hearing upon published notice as required by law. 1.04. Certain written reports (the "Reports") relating to the Plans and to the activities contemplated therein have heretofore been prepared by staff and consultants and submitted to the Council and/or made a part of the City files and proceedings on the Plans. The Reports include data, information and/or substantiation constituting or relating to the basis for the other findings and determinations made in this resolution. The Council hereby confirms, ratifies and adopts the Reports, which are hereby incorporated into and made as fully a part of this resolution to the same extent as if set forth in full herein. 1.05 The City is not modifying the boundaries of the CBD Redevelopment Project. City Council Minutes September 22, 2003 Page 12 of 12 Section 2. Findings for the Adoption and Approval of the Plans. 2.01. The Council hereby finds that the Plans, are intended and, in the judgment of this Council, the effect of such actions will be, to provide an impetus for development in the public interest and accomplish certain objectives as specified in the Plans, which are hereby incorporated herein. Section 3. Findings for the Establishment of the K-Mart/Central Avenue Tax Increment Financing District. 3.01. The Council hereby finds that the District is in the public interest and is a "renewal and renovation district" under Minnesota Statutes, Section 469.174, Subd. 10a. 3.02. The Council further finds that the proposed redevelopment would not occur solely through private investment within the reasonably foreseeable future and that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the District permitted by the TIF Plan, that the Plans conform to the general plan for the development or redevelopment of the City as a whole; and that the Plans will afford maximum opportunity consistent with the sound needs of the City as a whole, for the development or redevelopment of the District by private enterprise. 3.03. The Council further finds, declares and determines that the City made the above findings stated in this Section and has set forth the reasons and supporting facts for each determination in writing, attached hereto as Exhibit A. 3.04. The City elects to calculate fiscal disparities for the District in accordance with Minnesota Statutes, Section 469.177, Subd. 3, clause b, which means the fiscal disparities contribution would be taken from inside the District. Section 4. Public Purpose 4.01. The adoption of the Plans conforms in all respects to the requirements of the Act. The Plans will enable redevelopment of an area now occupied by substandard buildings, creating new housing and commercial uses. The City expressly finds that any private benefit to be received by developers is incidental, as the assistance is only provided to remedy the conditions that impair the development potential of the site. That is, the tax increment assistance is necessary to produce the public benefits described above. Therefore, the City finds that the public benefits of the Plans exceed any private benefits. Section 5. Approval and Adoption of the Plans. 5.01. The Plans, as presented to the Council on this date, including without limitation the findings and statements of objectives contained therein, are hereby approved, ratified, established, and adopted and shall be placed on file in the office of the Community Development Director. 5.02. The staff of the City, the City's advisors and legal counsel are authorized and directed to proceed with the implementation of the Plans and to negotiate, draft, prepare and present to this Council for its consideration all further plans, resolutions, documents and contracts necessary for this purpose. 5.03 The Auditor of Anoka County (the "Auditor") is requested to certify the original net tax capacity of the District, as described in the TIF Plan, and to certify in each year thereafter the amount by which the original net tax capacity has increased or decreased; and the City is authorized and directed to forthwith transmit this request to the Auditor in such form and content as the Auditor may specify, together with a list of all properties within the District, for which building permits have been issued during the 18 months immediately preceding the adoption of this resolution. 5.04. The Community Development Director is further authorized and directed to file a copy of the Plans with the Commissioner of the Minnesota Department of Revenue pursuant to Minnesota Statutes 469.175, Subd. 4a. .. ~ of the Cheery Heights neighborhood do petition the city of Columbia Heights and its elected officials to oppose the building of any development on the Kmart property of more than two stories or of any height that would obstruct our present view. ]_ A-u) Heights and Its elected officials to oppose the building of any development on the_Kmart property of more than two stories or of'any height that would obstruct our present view.