Loading...
HomeMy WebLinkAboutJanuary 24, 2005OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING JANUARY 24, 2005 .he following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, January 24, 2005 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Mayor Peterson called the meeting to order at 7:00 p.m. Roll Call: Mayor Peterson, Councilmember Nawrocki, Councihnember Williams, Councilmember Ericson, and Councilmember Kelzenberg. Pastor Dan Thompson - Columbia Heights Assembly of God gave the Invocation. PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA Harold Hoium, 5th Street, requested all current ordinances be abolished ad suggested several new ordinances to be considered. He requested consent agenda item number five be removed for discussion. Peterson indicated these items would not be placed on the agenda unless so moved by Council. No motion was made. Nawrocki defended the right of the public to speak, but indicated that Mr. Hoiuln was wasting everyone's time. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS - Pastor Dan Thompson invited everyone to attend the Crossroads Conversation meeting on Friday, January 28 at the Islamic Institute of Minnesota. This is a forum for the community to come together to understand each other and discuss what the community can do to help each other. Peterson stated that this is a wonderful way for the cOnnT~unity to join together and thanked Pastor Dan for being the outreach for this program. CONSENT AGENDA Walt Fehst, City Manager took Councilmembers through the Consent agenda 1) Approve City Council Meeting Minutes for January 10, 2005 regular Ci_ty Council meeting Motion to approve the minutes of the January 10, 2005, regular City Council lneeting as presented. 2) Accept Boards and Colmnissions Meeting Minutes Motion to accept the Planning and Zoning Comlrfission meeting minutes of December 7, 2004. Motion to accept the Planning and Zoning Connrdssion meeting minutes of January 4, 2005. 3) Establish Work Session meeting date for Monday, February 7, 2005, beginning at 7:00 p.m. in Conference Room 1. Motion to establish a Work Session meeting date for Monday, February 7, 2005 beginning at 7:00 p.m. in Conference Room 1. Fehst stated the only agenda item is a request fi~om the bar at 40th and Central to allow a 2:00 a.m. closing time. Fehst stated the owner feels strongly about his request. Nawrocki stated this meeting would be the same night as the only County Board of Review training. Someone on the Council must be trained before danua~Ty 2006. Discussion included meeting earlier or on another night, but could not be agreed upon. Peterson City Council Minutes January 24, 2005 Page 2 of 12 stated that Councilmember Nawrocki would receive the information and he could talk to him about the discussion. Nawrocla' stated that he has received information on this fi'om the Police Chief and agrees with his assessment. 4) Approve Ci_ty Newsletter Printing Quotations for 2005 Motion to enter into an agreement with Rapid Graphics and Mailing for printing, publishing, and distributing the City newsletter based upon their proposal of a yearly cost of $18,620 for four publications in 2005; and furthermore to authorize the Mayor and City Manager to enter into an agreement for the same. Fehst stated this is a Cohtmbia Heights agency and they were the lowest bidder. 5) Award Bid of 800 MHz Equipment Removed Nawrocld stated that a resident requested this be removed for discussion. 6) Establish Public Hearing - Cable Rates Motion to establish a Public Hem'ing date of Monday, February 14, 2005, at 7:00 pm. or as soon thereafter as possible, to permit interested persons an opportunity to express their views on the basic services programming and equipment rates and installation charges Comcast calculated in its March 2004 rate filing. Nawrocki stated this reflects an eight percent increase to the service held by most customers. The City does not have the ability to do much about this. He gave the history of deregulation of service. Nawrocki indicated that the cable company has sent out surveys asking for people to express their opinions, which he encouraged them to do. Williams questioned if we could bring in another cable company. Fehst stated yes, they cannot have a monopoly, but the upfiAont costs to a cable company make it impractical. Peterson stated that he received a call on the high cost and he recommended the $13 option might be all they need. He encouraged anyone with questions to come to the hearing. Nawrocki stated that information for Universal Cable is in the City's newsletter. He requested that the public hearing be placed on our cable government access channel. 7) Adopt Resolution No. 2005-05 being a Resolution authorizing and directing the condemnation of certain property for redevelopment and road purposes Removed 8) Approve Public Works Blanket Orders for 2005 Motion to authorize staff to process blanket purchase orders in an amount not-to-exceed the 2005 budget amounts for: De-icing salt for salt/sanding operations purchased off the State of Minnesota Purchasing Contract and fuel (unleaded and diesel) for City vehicles from the Anoka County Cooperative Agreement. Nawrocki stated that this means we are using cooperative agreements to purchase items and services. 9) Approve Joint Powers A~eement with Anoka County "Cities" for street maintenance. Motion to approve the Joint Powers Agreement between the cities of Andover, Brooklyn Center, Columbia Heights, Coon Rapids and Fridley for the joint public bidding of certain street City Council Minutes January 24, 2005 Page 3 of 12 maintenance activities and authorize the Mayor and City Manager to enter into an agreement for the same. Nawrocki asked what this covers. Kevin Hansen, P~tblic Works Director; stated this would inchtde seal coating, crack sealant, traffic marking, screening services, and street sweeping. We can pick and choose which services we wish to use. 10) Approve Final Payment for the Central Avenue Street, Utility, and Streetscaping Improvements Motion to accept the work for Central Avenue Street, Utility, and Streetscaping Improvements, City Project 99-12 and authorize final payment of $47,339.16 to Thomas and Sons Construction of Rodgers, Minnesota. 11) Cleaning and Lining of 2,560 lineal feet of water main: Minneapolis 2005 Program Motion to authorize the preparation of final plans and specifications for water main cleaning and lining of two segments of pipe totaling 2,560 lineal feet, under the City of Minneapolis main cleaning and lining program for 2005. Nawrocki stated that one of the options was to talk to the City of Hilltop regarding interconnection to help with water problems on one part of our system. Hansen stated that he intends to talk to them regarding this and water p~trchase. Hansen stated that the interconnection wo~dd not provide the removal of rust fi'om the water and is not the sohttion, bztt does have its benefits. Peterson stated that he received a call from 4955 Monroe regarding water discoloration following roadwork and they wottld like to received any available information. 12) Establish a Hearing Date of February 14, 2005 for revocation or suspension of rental property license at 4600-4602 Johnson Street and 4656-4658 Polk Street. Motion to Establish a Hearing Date of February 14, 2005 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Tracy Saloka at 4600-4602 Johnson Street N.E. Motion to Establish a Heating Date of February 14, 2005 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Va Megn Thoj at 4656- 4658 Polk Street N.E. 13) Approve Business License Applications Motion to approve the items as listed on the business license agenda for January 24, 2005 as presented. 14) 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 111326 through 111508 in the amount of $723,004.94. Nawrocki COlm-nented on the following bills: · Lalrfination of City Goals banners at $289 was an unnecessary expense. · Patchin Messner and Dodd appraisals were $17,500 and did not come before the EDA or City Council for approval, also $9,400 that was not brought folwvard. It is the intent of the Charter that certain items come through the City Council. The purchase order process should be reviewed, to allow us to get the best deal we can get. Was told we could not go on the Smith property, so $3,000 for the drive-by Smith appraisal was very expensive. · Registration of notary fees is expensive. We have eight notaries, which is more than we need. City Council Minutes January 24, 2005 Page 4 of 12 Fehst stated this would not be a problem and believed the main concern is that we have alternatives for programs and projects. Our attorney from Kennedy and Graven recommended the Patchin Company, as they have a excellent reputation in court cases. We have used other appraisers before and will do so in the future. Motion by Ericson, second by Williams, to approve the Consent Agenda items, except for items #5 and #7. Upon vote: All ayes. Motion carried. #5 Award Bid of 800 MHz Equipment Hoium asked why we need 30 radios. Fire Chief Charlie Thompson stated that Anoka County made the determination on radios, base stations, and mobile radios based on the population of the city. This determination was a significant shortfall of current equipment. This request includes the purchase of fifteen handheld radios, fifteen spare batteries, three desk base stations, digital remote headsets, speaker mikes, and chargers. Police Department equipment was replaced one for one. Thompson stated he has approached the County for additional equipment, indicating that we also cover the City of Hilltop. The response was that the request did not fit their formula. Thompson indicated that $55,000 was budgeted for this equipment and user fees. Nawrocki questioned if we have more radios for our department that other departments use. Thompson stated that he did not know the exact procedure for other cities and listed where the radios would be used. Ericson stated that this is a budgeted item and the request was anticipated. This would be operational equipment and for essential employees. Motion by Ericson, second by Williams, to award the 800 MHz equipment purchase to Ancom Cormnunications, Inc., based upon their low, qualified, responsible bid in the amount of $39,599.45, plus an additional taxes with funds to be appropriated from 439-42200-5180; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Upon vote: All ayes. Motion carried. #7 Adopt Resolution No. 2005-05 being a Resolution authorizing and directing the condemnation of certain property for redevelopment and road purposes Nawrocki stated his opinion that we eu'e not ready to begin the condemnation process, as there has not been enough done to obtain the property. The developer will not pay for the process; it will come out of TIF or through the quality of construction. He stated his intent to vote against this. Peterson stated this is to indicate that we want to move ahead and to encourage these people to get on board. Schumacher stated that these types of negotiations do not get serious until the City Council gets serious about the project. He stated that Mr. Schaffer is present to answer questions. The Council packet includes a letter on Mr. Schaffer's attempts to purchase property in the area, which have been very successful. This resolution is only the beginning of a three month process. There are a number of closings within the next 30 days. A public hearing date will be set by the EDA for additional input. Schumacher stated that without this resolution things would come to a halt. Nawrocki questioned the $3,000 Smith property appraisal. Schumacher indicated that State and County information are also gathered regarding the property and equipment, which is acceptable by the State. City Council Minutes January 24, 2005 Page 5 of 12 Williams indicated the need to move forward and in the past, when condemnation was threatened it was not necessary to carry it out. Schumacher noted that the appraisals do not include contamination and the properties have been appraised as clean. Excavation on the first property has uncovered eight underground tanks. We are offering fair market value and being responsible for the clean up. The offers are very fair. Motion by Kelzenberg, second by Williams, to waive the reading of Resolution No. 2005-05, there being ample copies available to the public. Upon vote: all Ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2005-05, being a Resolution authorizing and directing the condemnation of certain property for redevelopment and road purposes. Upon vote: Kelzenberg, aye; Williams, aye; Ericson, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. Resolution No. 2005-05 has been placed at the end of this document. PUBLIC HEARINGS A) Second reading of Ordinance No. 1480, being an Ordinance amending Chapter 2, Section 15, of the Charter pertaining to Official Bonding Mike Hm-tel, Charter Comrnission, was present to answer questions. Motion by Nawrocki, second by Ericson, to waive the reading of Ordinance No. 1480, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion Nawrocki, second by Ericson, to adopt Ordinance No. 1480, being an Ordinance amending Chapter 2, Section 15, of Official Bonds of the City Charter. Upon vote: All ayes. Motion carried. Nawrocki indicated that a Resolution would be required, as indicated in the Ordinance. ORDINANCE NO. 1480 BEING AN ORDINANCE AMENDING CHAPTER 2, SECTION 15 OF THE CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO OFFICIAL BONDS The City of Columbia Heights does ordain: Section 1: Chapter 2, Section 15 of the Charter of the City of Columbia Heights which currently reads as follows, to wit: Section 15. OFFICIAL BONDS. The city manager, the city clerk, and such other officers of the city as may be provided for by ordinance, shall each before entering upon the duties of their respective offices, give bond to the city in such sum as may be fixed by the council as an additional security for the faithful performance of their respective official duties and the safekeeping of the public funds. Such bonds shall be approved by the city council and shall be endorsed by at least three members of the council as having been so approved. They shall be filed with the security of the council. The provisions of the laws of the state relating to official bonds, not inconsistent with this charter, shall be complied with. The fkst city manager under this charter shall give bond in the sum of Five Thousand Dollars, but the council may increase this requirement at any thne. IS HEREWITH AMENDED TO READ AS FOLLOWS: Section 15. OFFICIAL BONDS. By resolution, the council shall establish bonding and insurance requirements for all city employees as security for the faithful performance of their respective duties and the safekeeping of the public funds. Section 2: This Ordinance shall be in full force and effect from and after ninety (90) days after its passage. Public Hearing called for Revocation/Suspension of Rental Housing License at 4824 Stinson Blvd. Peterson closed the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Alicia Anderson Regarding Rental Property at 4824 Stinson Blvd N.E. in that the Violations on the Property have been corrected. City Council Minutes January 24, 2005 Page 6 of 12 C) Public Heating called for Revocation/Suspension of Rental Housing License at 1407-09 Circle Terrace Peterson closed the Public Heating Regarding the Revocation or Suspension of the Rental License Held by Chris Cornelius Regarding Rental Property at 1407-09 Circle Terrace Blvd N.E. in that the Violations on the Property have been corrected. D) Public Hearing called for Revocation/Suspension of Rental Housing License at 3849-51 Central Avenue Peterson closed the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by F.C. Celtic, LLC Regarding Rental Property at 3849-51 Central Avenue N.E. in that the Violations on the Property have been corrected. E) Public Hearing called for Revocation/Suspension of Rental Housing License at 1133 45th Avenue Peterson closed the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Donn Woods Regarding Rental Property at 1133 45th Avenue N.E. in that the Violations on the Property have been corrected. ITEMS FOR CONSIDERATION Other Business 1) Adopt Resolution No. 2005-04, being a Resolution establishing Planning and Zoning Fee Schedule and set Second Reading of Ordinance No. 1479 Fehst stated this reco~muended increase of fees is necessary to recover our costs relative to the time it takes to review plans. This would require an escrow by the developer to recover our costs, and any overage would go back to them. Bob Streetar, Cormuunity Development Director, stated this would require an amendment to the Zoning Ordinance and establishment of fees. He referred to the Aldi's project, where the charge was $400 for the review, but took $600 of our time to complete. This means that the uncovered cost is paid by taxpayer dollars. This would adjust the fees to reflect our cost. Streetar indicated that these fees have only increased three times in 30 years. Williams gave an example which indicated that the City of Minneapolis charges fees to cover the service provided. Nawrocki stated that the budget is set for this year, including expenditures and revenues. This would be revenue enhancement and is premature. He indicated that staff should not be left to determine fees. Williams disagreed, stating that we can reduce our budget, and the users will hold staff accountable. The department will be paid according to the time they spend. Streetar indicated there would be no charge for questioned answered or any pre-application meetings. Fees begin upon application and this fonr~ula will generate about an additional $1,000 per year. The fee reflects only wages and fringe benefits. State law allows 60 days to process these applications. Kelzenberg complimented Streetar on this reco~m~endation. He indicated "the sooner, the better" for implementation. Peterson gave his support to the program, but stressed keeping excellent records to verify our time. Plan review is based on value. If we could do this with building inspection fees, the cost would be higher. Streetar indicated that time cards will reflect hours for the project and will be made part of the project file. City Council Minutes January 24, 2005 Page 7 of 12 Motion by Williams, second by Kelzenberg, to waive the reading of Resolution No. 2005-04 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2005-04, being a Resolution amending the Planning and Zoning Fee Schedule. Motion to amend by Nawrocki to add language indicating that any mnount of money above the fees from the current schedule be escrowed and not used without Council action during the current year. Second by Williams. Peterson stated this amendment would not show an increase or decrease to this year's budget. Streetar indicated that any overage collected would be refunded. Upon vote of the amendment: All ayes. Motion carried. Upon vote of the original motion: Kelzenberg, aye; Williams, aye; Ericson, aye; Nawrocki, nay; Peterson, aye. 4 ayes -1 nay. Motion carried. Motion by Ericson, second by Willimrts, to waive the reading of Ordinance No. 1479 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion Ericson, second by Willimrts to establish February 14, 2005 for the second reading of Ordinance 1479 being an Ordinance amending Ordinance 853, City Code of 1977, pertaining to Zoning and Development Ordinance #1428. Upon vote: All ayes. Motion carried. RESOLUTION 2005 - 04 RESOLUTION AMENDING PLANNING AND ZONING FEE SCHEDULE WHEREAS, the planning and zoning permit fees have not been adjusted since 1996 and do not reflect the increased cost of processing planning and zoning permit applications, and Wl:IEREAS, City Ordinance 853, City Code of 1997 (as amended) provides for the City Council to adjust the planning and zoning permit fees periodically, and WHEREAS, any amount of money above the fees from the current schedule be escrowed and not used without Council action during the calendar year 2005. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Columbia Heights hereby adopts the following planning and zoning permit application fees schedule to be effective March 16, 2005. Application Fee Appeal $185 Comprehensive Plan Amendment $545 Conditional Use Permit $220 Final Plat $395 Interim Use $255 Minor Subdivision $275 Preliminary Plat $670 Site Plan Review $370 Vacation $150 Variance $235 Zoning Amendment $545 ADMINISTRATIVE REPORTS Report of the City Manager City Council Minutes January 24, 2005 Page 8 of 12 On January 19, 2005 the City re-applied for no fault sanitary sewer coverage to the League of Minnesota Cities Insurance Trust. We were previously denied, as our program did not qualify for coverage. Fehst state that a sump pump and formal inspection program have been implemented, the sewer cleaning cycle has been shortened to every three years and yearly for trouble areas, the budget for cleaning and notification has doubled, staff has been increased by one, and Council has approved new equipment for cleaning lines in 2005. He stated that a backwater valve policy has been established and utilized by 95 percent of residents from the area affected in 2003. Nawrocki stated that residents with backups in the past should be compensated for what they paid because of a blockage in our street. Fehst stated that would be a Council policy decision, He indicated that the insurance trust has turned down reimbursement following the determination that the backups were not at the fault of the city; but he understands the comment that it is not the homeowner's fault either. Williams suggested waiting to address this until we ka~ow if the League will insure us. If they do not, we could hire an attorney and go after them for the homeowners. Nawrocki stated that he would continue to bring this up. Fehst stated that the insurance company makes a determination upon investigation and we have paid for backups where the City has been deficient in cleaning the lines. Nawrocki asked that information be gathered on any backups for the last four years. Fehst questioned the status if there is inordinate amount of water to deal with. Hansen stated that "no fault" insurance does not recognize acts of God. Fehst gave a synopsis of our attorney fees over the last six years and indicated the decline in the amount of civil and prosecution work. He stated that staff is putting together a survey of fees, and will then ask if Council wants to go out for bids for legal services. The rate for our current service has not increased. Report of the City Attorney - none CITIZENS FORUM Sue Genosky, 4851 Jefferson, requested an update on the Maxfield survey regarding building gymnasiums. Peterson stated that the survey would be presented to the School Board. A joint meeting will be planned to discuss this. He indicated his disappointed that the survey did not answer what our needs are. We could fund 80 percent of the cost if we add on a competitive gym/fitness area. Peterson stated that figures regarding the number of students in the district will be recalculated. Steve Iserman, stated he lives next to 666 40th Avenue, where a methamphetamine lab was removed, and asked that the property be inspected, as it is very mn down. Peterson asked that this be done. Nawrocki asked to be allowed his Council Corner comments, as he needed to leave the meeting. · No maximum truck weight signs on Jackson Street between 39th and 40th Avenues. · Third request for itemized costs on the industrial park redevelopment. · There is a need to revisit fees charged to residents for facility use of Murzyn Hall. · Need to appoint a Planning and Zoning Colmuission member. · Purchase order concern: $15,000 limit is too high. Review and consider reducing at a work session. · Pay scale for the new building official is the second highest in a group of six cities, from the Stanton Report · SRA meeting discussed intercommunications and setting up your own internet service. Pamphlets are available for review. · SRA is involved in the Centerpoint Energy rate case, which includes everyone paying a $5 fee even if they do not use any gas. It is being proposed at $15, but possibly will settle at $8. They will City Council Minutes January 24, 2005 Page 9 of 12 contest expensive requirements on cities to map service lines. The City Engineer's group is also trying to represent our interests. · Xcel is proposing to discontinue lighting service - we need to verify to the SRA what contracts we have with Xcel. · The saying "doing more with less" is an amusement to staff. A different way to state it is "contain costs while increasing efficiency". Councilmember Nawrocki left the meeting at 8:40 p.m. Elaine Feely, 4601 Chatham Road, gave an update on the deer at the Minneapolis Water Works property. A major contributor has agreed to feed the deer for six months or longer. If the deer are transferred, there are funds for transfer and for food. State Representative Barb Goodwin will introduce House Bill HS3037 regarding animal health to alleviate some of the restrictions holding up the transfer of the deer. Feely stated her discovery this week that if the Water Works obtains a Premise ID the transfer can take place. Peterson questioned the current permit to move the deer. Feely stated that the pern~it is restrictive, not allowing the property owner to photograph, exhibit, or propagate the deer. Kelly Farris, 4609 Chatham Road, stated that the Concerned Citizens group would pursue including bow hunting in the City's firearms and weapons ordinance. City Attorney Jim Hoeft indicated that it is colmuon for people to set up bow and arrow targets in their back yard. Farris stated that some of those arrows are launched into neighbor's backyards. COUNCIL CORNER Ericson · Ehlers & Associates newsletter spoke of Columbia Heights redevelopment with a very positive quote from Mark Ruff. Has been contacted by people from other cities with positive cormuents on the redevelopment in the city. · Congratulations to the Boys 7A traveling basketball team. Kelzenberg · We lost a good friend in Arnie Knutson. He faced adversity and was always smiling. He was greatly admired. · Congratulated Columbia Heights on our recycling numbers. We exceeded our 2004 goal. Read the article from the green sheet. Williams · · Visited Amie Knutson in the nursing home recently and still got him to smile. Admire the concerned citizens for the deer. If they work that hard for gym space we would get it done. · Mickey Rooney and his wife have celebrated their 50th wedding anniversary. · We have received $873,000 for the second phase clean up in the industrial area. We have lost a lot of state aid, but have received that money back in clean up costs. Fehst stated that we will have received $2,000, O00 for clean up. · We need to pray for the health and peace of our neighbors. Peterson · Arnie Knutson was a good person, and was our largest "campaigner" for the City. He was a fixture of Columbia Heights. City Council Minutes January 24, 2005 Page 10 of 12 Tri City Hockey will host a dance on February 11th with a silent auction and raffle at Murzyn Hall. They have raised $15,000 in two years to support scholarships. · February 12th will be the Lions Sweetheart dance at Murzyn Hall. · Don't take ourselves to seriously, look at what is important in life. ADJOURNMENT Peterson adjourned the meeting at 8:55 p.m. ( , t Deputy City Clerk/Council Secretary RESOLUTION NO. 2005-05 RESOLUTION AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN PROPERTY FOR REDEVELOPMENT AND ROAD PURPOSES WHEREAS, the City of Columbia Heights ("City") is a charter city duly organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council is the official governing body of the City; and WHEREAS, the City and the Columbia Heights Economic Development Authority (as successor to the Housing and Redevelopment Authority in and for the City of Columbia Heights) ("Authority") have undertaken a program to promote redevelopment of land that is characterized by blight and blighting factors within the City, and in this connection the Authority administers a redevelopment project known as the Downtown CDB Redevelopment Project ("Project") pursuant to Mim~esota Statutes, Sections 469.001 to 469.047 (the "HRA Act"); and WHEREAS, pursuant to Minnesota Statutes, Sections 469.090 to 469.1081 ("the Act") and the HRA Act, the Authority is authorized to acquire real estate by exercising the power of eminent domain under and pursuant to Minn. Stat., Ch. 117, and to undertake certain activities to facilitate the redevelopment of real property by private enterprise; and WHEREAS, within the Project, the City and Authority have created the Huset Park Area Tax Increment Financing District ("TIF District") in order to facilitate redevelopment of certain property in the Project; and WHEREAS, the Authority and Huset Park Development Corporation; a Minnesota Corporation, ("Redeveloper") have previously entered into a Contract for Private Redevelopment dated as of October 25, 2004, (the "Contract for Private Redevelopment") regarding redevelopment of the property described in Exhibit A attached hereto and other property; and WHEREAS, the Redeveloper, City and Authority have taken various actions in furtherance of the Project, pursuant to the Preliminary Development Agreement and Contract for Private Redevelopment, all of which indicate the Project is feasible and desirable, including, but not limited to, environmental, blight and economic studies, determination of needed public infrastructure, agreements to acquire and acquisition of property, relocation analysis and land use planning; and WHEREAS, the City and Authority believe that the redevelopment of the Redevelopment Property pursuant to the Contract for Private Redevelopment, and fulfillment generally of the Contract for Private Redevelopment, are in the vital and best interests of the City and the health, safety, morals, and welfare of its residents, and in accord with the public purposes and provisions of the applicable State and local laws and requirements under which the Project has been undertaken and is being assisted; and WHEREAS, the real estate described in Exhibit A attached hereto and incorporated herein (collectively, "Subject Property") is located within the Project, as presently constituted, and is among the parcels which are to be redeveloped pursuant to the Contract for Private Redevelopment; and WHEREAS, on October 25, 2004, by Resolution No. 2004-55, the City Council approved, established and adopted a Modification (the "Project Plan Modification") to the Downtown CBD Revitalization Plan for the CBD Redevelopment Project (the "Project Area"), found that the adoption of the Plans conforms in all respects to the requirements of the Act and will help fulfill a need to develop an area of the State of Minnesota which is characterized by blight, occupied by substandard buildings, and contaminated with pollutants; and that the f-mancial assistance described in the TIF Plan will revitalize this area, significantly expand the amount and variety of housing stock in the City, and expand the tax base; and that, because these benefits would not accrue without the assistance provided, any benefits received by private redevelopers are incidental to the broader benefits achieved by the overall development of 'he TIF District; and WHEREAS, in said Resolution No. 2004-55, the City Council found that the TIF District portion of the Project Area is a "blighted area" within the meaning of Minn. Stat., §469.02, Subd. 11, and that acquisition, clearance and related activities to redevelop the TIF District portion of the Project Area in accordance with the Project Plan and the TIF Plan constitute a "redevelopment project" within the meaning of Minn. Stat. §469.002, Subd. 14; and WHEREAS, in accordance with Section 3.2 of the Contract for Private Redevelopment, the Redeveloper has notified the City Council Minutes January 24, 2005 Page 11 of 12 Authority in writing that (a) the Redeveloper has been unsuccessful in accomplishing acquisition of the Subject Property voluntarily after commercially reasonable efforts to do so; and (b) that such efforts included a written offer to owners of all such parcels to acquire such parcels for a price approved by the Authority as reasonable and an offer to mediate; and WHEREAS, the Authority found that the Redeveloper's efforts to voluntarily acquire the Subject Property were reasonable .nd satisfy the requirements for doing so under the Contract for Private Redevelopment; and WHEREAS, acquisition of the Subject Property by the Authority is essential in order to eliminate blight and implement the Project; and WHEREAS, the Board of Commissioners of the Authority has found (and this Council also hereby f'mds) that redevelopment of the Subject Property consistent with the Project is necessary, convenient, desirable, for a public purpose, in the best interests of the citizens of the City and will promote the general health, welfare and safety of the community; and WHEREAS, the City Council f'mds that it is also necessary, convenient, desirable, for a public purpose, in the best interests of the City and will promote the general health, welfare and safety of the community for the City to acquire portions of the Subject Property for street purposes; and WHEREAS, the Board of Commissioners of the Authority has found that it is in the best interest of both the Authority and the City if the City proceeds to acquire all of the Subject Property and then convey to the Authority the portions thereof not required by the City for street purposes ("Remainder") so that the Authority may redevelop the Remainder pursuant to the Contract for Private Redevelopment; and WHEREAS, the Board of Commissioners of the Authority has found that the funding and construction schedule for the redevelopment pursuant to the Contract for Private Redevelopment makes it necessary to acquire title to and possession of the Subject Property prior to the filing of the f'mal report of the condemnation commissioners to be appointed by the district court. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights, Minnesota that: 1. It is necessary that the Subject Property be acquired by the City in fee simple absolute for the stated public purposes tN:ough the exercise of the power of eminent domain. 2. The Authority's Attorney is hereby authorized and directed to take all steps necessary to acquire the Subject Property on behalf of the City, including, if necessary, by use of eminent domain proceedings, pursuant to Minn. Stat. § 117.042, prior to issuance of an award of damages by Court-Appointed Commissioners. 3. The amounts stated on Exhibit B attached hereto are hereby determined to be just compensation for the various parcels of the Subject Property for the purpose of offers to the owners pursuant to Minn. Stat. § 117.036 and for the purpose of deposit with the District Court Administrator as the City's approved appraisal of value pursuant to Minn. Stat. § 117.042. Adopted by the City Council of the City of Columbia Heights, Minnesota this 24th day of January 2005. EXHIBIT A Legal Descriptions of Properties To Be Acquired by Eminent Domain Proceedings (collectively, "Subject Property") Parcel E The street addresses of Parcel E are 3755 University Avenue NE, 3700-5th Street NE and 317-37th Avenue NE, Columbia Heights, Minnesota 55421. The property identification numbers for Parcel E are: 35-30-24-34-0003 (3700 5th Street NE) and 35-30-24-34-0004 (317 - 37th Avenue NE) The legal description of Parcel E is as follows: Lots 4 and 5, Auditor's Subdivision No. 50 Together with vacated and to be vacated streets and alleys accruing thereto upon vacation and appurtenant easements if any. According to the map or plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota. Parcel F The street address of Parcel F is 620 - 39th Avenue NE, Columbia Heights, Minnesota 55421. The property identification number for Parcel F is: 35-30-24-43-0047 The legal description of Parcel F is as follows: Lots 1 and 2, Block 3, 2nd Subdivision of Block F, Columbia Heights Annex, together with that portion of the North ½ of 38th ½ Avenue Northeast abutting said Lots, heretofore vacated Together with vacated and to be vacated streets and alleys accruing thereto upon vacation and appurtenant easements if any. According to the map or plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota City Council Minutes January 24, 2005 Page 12 of 12 Parcel G The street address of Parcel G is 450 - 38th Avenue NE, Columbia Heights, Minnesota 55421. The property identification number for Parcel G is: 35-30-24-34-0002 _ he legal description of Parcel G is as follows: That part of Lot 3, Auditor's Subdivision No. 50, Anoka County, Minnesota, lying 9.00 feet Northwesterly of the vacated spur track once located on said Lot 3. Together with vacated and to be vacated streets and alleys accruing thereto upon vacation and appurtenant easements if any. According to the map or plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota. EXHIBIT B Just Compensation Amounts Parcel Property Address Just Compensation Amount* E 3755 University Avenue NE $1,405,100 Columbia Heights, MN F 620 - 39th Avenue NE $438,210 Columbia Heights, MN G 450 - 38th Avenue NE $320,000 Columbia Heights, MN *Includes real estate and fixtures, if any, for entire parcel.