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HomeMy WebLinkAboutDecember 17, 2001OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL DECEMBER 17, 2001 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, December 17, 2001 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. Mayor Peterson introduced Pastor David Briley, Oak Hill Baptist Church. Pastor Briley gave the invocation before the meeting. CALL TO ORDER Mayor Peterson called the meeting to order at 7:00 p.m. ROLL CALL Present: Mayor Peterson, Councilmember Szurek, Councilmember Wyckoff, Councilmember Nawrocki, Councilmember Williams. PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA Peterson moved Public Hearing Item #6F prior to the consent agenda. Peterson moved Other Business Item #7C7 to the bottom of the consent agenda. Peterson moved Other Business Item #7C3 to Item #7C1. Peterson moved Presentations prior to the consent agenda. #6F Public Hearing to Adopt Resolution 2001-72, being a Resolution modifying the Downtown Central Business District and Housing Redevelopment Tax Increment Financing District No. 1. Fehst explained the Scattered Site Tax Increment Financing (TIF) District that was established four years ago. At that time, the City Planner and Bui/ding Official viewed 56 separate houses as blights'. He explained that portions of these taxes are he/d for purchase or rehab of the homes. The recommendation is to add ten houses to the list, following notification to the owners. This wouM be voluntary on the part of the owners. Mayor Peterson opened the public hearing. 14/illiams questioned the benefit to our tax base. Fehst stated that taxes set aside are used to purchase or improve blighted homes, with the theory that other homes in the area also tend to make improvements'. Improvements' increase the tax base. There are now funds available to purchase five or six homes. NawrocM stated it takes a long time to see tax improvements'. Kimberly Ferraro Anker, 1208 Circle Terrace Boulevard asked if these are single-family homes or rental units'? Fehst stated they are individual homes that may be for rent. Mayor Peterson closed the public hearing. Motion by Wyckoff, second by Szurek, to waive the reading of Resolution No. 2001-72, there being ample copies available to the public. Upon vote: All ayes. Motion carried. City Council Minutes December 17, 2001 Page 2 of 29 Motion by Wyckoff, second by Williams, to adopt Resolution 2001-72, being a resolution modifying the Downtown Central Business District (CBD) Revitalization Plan for the CBD Redevelopment Project and the proposed modification of Housing Redevelopment Tax Increment Financing District No. 1, therein and the adoption of the modified plans therefore. Upon vote: All ayes. Motion carried. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS Mayor Peterson presented proceeds of the Holiday Kick-o//Party to the Library Board totaling $3,505. Peterson thanked those who attended, and Bobby Williams for his help on the event. Barbara Miller accepted the check and expressed the Library Board's appreciation. Santa Claus arrived to wish the City Council, Staff and Columbia Heights residents a "Happy Holiday Season". Williams stated that the Second Annual Hofiday Kick-off Party would be hem on November 30, 2002. Williams indicated that about 250 place settings of stoneware were donated to Murzyn Hall, in lieu of rental fees, for rental to other groups. Peterson thanked Wyckoff for finding and picking up the dinnerware and Szurek and Windschitl for helping her. Peterson thanked Cher Bakken for organizing "Cher's City Carolers" who caroled at Parkview Filla on Friday, December 14th. Peterson stated that the City Holiday Employee Luncheon was hem on Tuesday, December ilth, and was a great success. He congratulated Carole Blowers for receiving the "Employee of the Year" recognition. Peterson thanked all City employees for another year of great work. Peterson also thanked the residents' who decorate their homes for the holiday. CONSENT AGENDA Walt Fehst, City Manager, explained the consent agenda items: Motion by Nawrocki, second by Williams, to approve the Consent Agenda, except items #2, 4, 5, 8, 11 and 13, as follows: 1) Minutes for Approval a) Minutes of the November 26, 2001 City Council meeting Motion to approve the minutes of the November 26, 2001, regular City Council meeting as presented. b) Minutes of the November 27, 2001 Special Assessment Levy Hearing Motion to approve the minutes of the November 26, 2001, regular City Council meeting as presented. c) Minutes of the December 3, 2001 Special Budget Meeting Motion to approve the minutes of the November 26, 2001, regular City Council meeting as presented. Nawrocki corrected the minutes of the November 26th meeting to reflect item 11 was pulled from the consent agenda, not item 8. 2) Establish Work Session Meeting Dates for Monday, January 7, 2002 and Tuesday, January 22, 2002 - Removed 3) Adopt Resolution No. 2001-78, being a resolution establishing a new maximum income of $20,700 for Senior or Retired and Disabled Persons to be eligible for special assessment deferral. City Council Minutes December 17, 2001 Page 3 of 29 Motion to waive the reading of Resolution No. 2001-78, there being ample copies available to the public. Motion to adopt Resolution No. 2001-78, being a Resolution establishing a new maximum income of $20,700 for Senior or Retired and Disabled Persons to be eligible for special assessment deferral. Fehst stated that currently we have no one taking advantage of this program. 4) Authorize purchase of one subscription to the Star/Tribune on microfilm for 2002 - Removed 5) Adopt Resolution No. 2001-80, being a resolution regarding employer contribution to insurances for 2002 - Removed 6) Authorize transfer of funds and final payment to OMNI Roofs, Inc. for roof repairs and replacement on City Hall Motion to authorize final payment in the amount of $117,757 to Omni Roofs, Inc. for roof renovation and replacement on City Hall. Motion to authorize the transfer of $117,757 from the General Fund to the Capital Improvement General Government Buildings fund and appropriate such amount for roof repairs and replacement. Fehst indicated that $9,500 was saved by reusing some acceptable material,'. Nawrocki questioned what expenditures where held back from the budget to fund this. Fehst stated that a substantial amount of items were not purchased Nawrocki asked if we complied with the Davis/Bacon Act. Fehst stated that we did 7) Workers' Compensation Rates Motion to authorize the Mayor and City Manager to enter into an agreement with the League of Minnesota Cities Insurance Trust for workers' compensation coverage based on their premium quotation of $137,120. Nawrocki asked what was paid this year. Fehst indicated $120,000. 8) Adopt Resolution No. 2001-84 being a resolution appropriating and designating fund balances - Removed 9) Authorize agreement with Center for Energy and Environment for MHFA Discount Loan Program Motion to approve the Administrative Services Agreement between the City of Columbia Heights and Center for Energy and Environment for the MHFA Discount Loan Program extension through December 31, 2002; and authorize the City Manager and Mayor to enter into an agreement for the same. Nawrocki questioned the loan origination fee. Randy Schumacher, Acting Community Development Director, stated there was a $125. O0 administrative fee for succes,ful applications, but MN Housing has a separate origination fee. 10) Adopt Resolution No. 2001-71, being a resolution Decertifying Parcels from the Central Downtown Business TIF District Motion to waive the reading of Resolution No. 2001-71, there being ample copies available to the public. City Council Minutes December 17, 2001 Page 4 of 29 Motion to adopt Resolution 2001-71, being a resolution Decertifying Parcels 35-30-24-14-0091 and 35-30-24-14-0092 from the Central Downtown Business TIF District. Nawrocki asked the impact of removing two parcels from the TIF District. Schumacher indicated the previous taxes paid 11) Adopt J.P. Murzyn Hall 2003 rental rates and revise Management Plan discount policy -Removed 12) Approve Chase Grant of $150,000 for January 1, 2002 to December 31, 2003 Motion to accept the grant from the Department of Children, Families and Learning in the amount of $150,000 to fund the CHASE program from January 1, 2002 to December 31, 2003. Nawrocki asked for an explanation. Keith Windschitl, Recreation Director, stated this is the fifih succes,ful grant application from the Department of Children, Families and Learning. He listed several of the programs and salary portions funded by this grant. 13) Authorization to obtain price quotes for printing and mailing the 2002 City newsletters - Removed 14) Adopt Resolution No. 2001-82, being a Resolution adopting the 2001-2002 Snow and Ice Control Policy Motion to waive the reading of Resolution No. 2001-82, there being ample copies available to the public. Motion to adopt Resolution No. 2001-82, adopting the 2001-2002 Snow and Ice Control Policy for the City of Columbia Heights. Nawrocki asked if mailboxes hit by our snowplows are replaced Kevin Hansen, Pubfic Work; Director, stated that boxes hit by our plow are replaced, but if damaged by snow windrows they are not. Hansen stated there are less than five mailboxes damaged per year. 15) Renew annual contract for GIS consulting services Motion to approve a one year extension to the GIS Joint Powers Agreement in the amount of $17,376, and authorize the Mayor and City Manager to enter into an agreement for the same. Nawrocki questioned when the agreement extensions wouM end Kevin Hansen, Pubfic Work; Director, indicated that the Range Rider program was set up as a seven year plan, which started in 1998. It takes a large amount of time to pull the data together, particularly on the utifity system. Fehst indicated this is ajoint powers agreement to help reduce cost,'. 16) Establish a Hearing Date of January 14, 2002 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against 4023 6th St, 1300-02, 1308-10, 1316- 18, 1324-26 Circle Terrace, 4654 Washington St. and 4546 Tyler Street NE Motion to establish a Hearing Date of January 14, 2002 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Renae Novak at 4023 6th Street NE. Motion to Establish a Hearing Date of January 14, 2002 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Edward Fragale at 1300-02, 1308-10, 1316-18, 1324-26 Circle Terrace. Motion to Establish a Hearing Date of January 14, 2002 for Revocation or Suspension of a City Council Minutes December 17, 2001 Page 5 of 29 License to Operate a Rental Property within the City of Columbia Heights against Tad Sonneman at 4654 Washington Street NE. Motion to Establish a Hearing Date of January 14, 2002 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Yong Kwon Yi at 4546 Tyler Street NE. 17) Approve Rental Housing License Applications Motion to approve the items listed for rental housing license applications for December 17, 2001 as presented. 18) Approve Business License Applications Motion to approve the items as listed on the business license agenda for December 17, 2001 as presented, regarding the new license for 2001 and the renewals for 2002. 19) Approve Payment of Bills Motion to approve payment of the bills, as listed, out of the proper fund. 20) Authorize preparation for 2002 Anoka County Community Development Block Grant Program Application (moved from item 7C7) Motion to authorize staff to pursue preparation of the 2002 CDBG Program Application to remove slum and blight in the amount of $90,000 for the Industrial Park Redevelopment Planning Study; and furthermore, to submit said application to Anoka County. Fehst stated this is a modification to the TIF Redevelopment District for housing adding l O parcels to upgrade the housing stock in the district and requires a Public Hearing. Mayor Peterson opened the hearing. Fehst stated there is a five year limit to add to the district. The EDA had reviewed and approved the CD Block Grant program, to be submitted to gnoka County. Nawrocki asked if there wouM be an RFP. Fehst stated yes. Mayor Peterson closed the hearing. Williams asked that Item 3 be better explained. Fehst stated that special assessment; couM be deferred by one-half the amount, if requested, by resident; below the income guideline. Consent agenda: Upon vote: All ayes. Motion carried. #2 Establish Work Session Meeting Dates for Monday, January 7, 2002 and Tuesday, January 22, 2002 Nawrocki asked if there was an agenda for the proposed meeting dates. Fehst read the agenda for the January 7 meeting, and stated the agenda for the second meeting will be given at the first Council meeting in January. Fehst read the following items: · Presentation to Council from Real Estate Equities for NEI building · Presentation from Tim Johnson on Downtown Redevelopment from NEI site to Mady's block · Taxi Cab and Drivers Licensing Joint Powers Agreement · Award bid for City Newsletter · Courtesy Bench/Newsrack Corral Ordinance Review · Update of Street Rehab 20 year plan City Council Minutes December 17, 2001 Page 6 of 29 · Review of Lomianki Park Development Options · Fencing of the Liquor Store · Review of Central Avenue Plans and schedule · Appoint Council President and Council Committee Assignments · HRA Board Structure · Central Ave: Review schedule/financing/plans and specs Motion by Nawrocki to approve the January 7, 2001 meeting date for the items indicated. Second by Williams. Upon vote: Williams, nay; Szurek, nay; Wyckoff, nay, Nawrocki, aye; Peterson, nay. 4 nays - 1 aye. Motion failed. Motion by Williams, second by Szurek, to establish Work Session meeting dates for Monday, January 7, 2002 and Tuesday, January 22, 2002, beginning at 7:00 p.m. in Conference Room 1 at City Hall. Nawrocki called to sprit the question. Establish January 7, 2002 work session meeting date. Upon vote: All ayes. Motion carried. Establish January 22, 2002 work session meeting date. Nawrocld stated he would continue to oppose estabrishing meeting dates without a set agenda. Upon vote: Williams, aye; Szurek, aye; Wyckoff, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. Williams stated that the agenda for the January 22 meeting would be available in ample time. Peterson asked the notification requirement. Jim Hoefi indicated the requirement is three day,'. #4 Authorize purchase of one subscription to the Star/Tribune on microfilm for 2002 Motion by Szurek, second by Wyckoff, to authorize purchase of one subscription to the Star/Tribune on microfilm for 2002 from the authorized, proprietary company producing it for the cost of $3,092.25. Nawrocki opposed the purchase, as the new computers purchased allow access to this newspaper through the Central Anoka County Library, it would be a waste of money to get the same information on microfilm. Becky Loader, Library Director, stated the library has a hard copy oft he paper available for two months, and microfilm back to 1971. She stated that access through the Internet browser was for profit, with the public access being limited to personal name searches, and is not a duplication of services. Wyckoff, Library Board Liaison, stated the Board recommended this purchase and would not dupricate services. Wyckoff called for the question and asked to move on. Williams questioned usage by our citizens. Loader stated two to five, up to ten people per week. Williams stated he would support the motion, but requested input from citizens prior to the request next year. Nawrocki could not justify the purchase at an average of $11.5O per use and he felt it was a duplication of service. Szurek stated that the information on microfilm is complete, while on the Internet site there is only searchable text. Upon vote: Williams, aye; Szurek, aye; Wyckoff, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. #5 Adopt Resolution No. 2001-80, being a resolution regarding employer contribution to insurances for 2002 - Motion by Williams, second by Szurek, to waive the reading of Resolution No. 2001-80, there being ample copies available to the public. Upon vote: All ayes. Motion carried. City Council Minutes December 17, 2001 Page 7 of 29 Motion by Williams, second by Szurek, to adopt Resolution No. 2001-80, being a resolution regarding employer contribution to insurances for 2002. Nawrocki spoke against the motion, as the negotiations with bargaining unit; is complete, for a $35 increase for insurance. Williams stated that this was discussed in budget meetings and is important for employee morale. Fehst stated insurance rates increased 48 percent, or about $300 more per month. This increase wouM contribute $30 toward the $300 increase per month. Herbert Anker, 1208 Circle Terrace, questioned why City workers don't have to rive in the community they work in. Nawrocki stated that Minnesota state law does not allow you to require residency. Wyckoff indicated that some communities give a stipend to employees riving in the community. Anker stated he was proud of this Council, and riked that a prayer and the pledge of allegiance were said. Upon vote: Williams, aye; Szurek, aye; Wyckoff, aye; Nawrocki, nay; Peterson, aye. 4 ayes -1 nay. Motion carried. #8 Adopt Resolution No. 2001-84 being a resolution appropriating and designating fund balances Motion by Szurek, second by Williams, to waive the reading of Resolution No. 2001-84, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Szurek, second by Williams, to Adopt Resolution No. 2001-84, being a resolution appropriating and designating fund balances. Nawrocki stated that he had not wanted the budget decided until resident; received their tax statement; and now there is a proposal to amend the budget. Nawrocki stated that if there were fund reserves, the tax increase was not necessary. He felt this was hiding money so the State would not see it. Bill Elrite, Finance Director, explained the Porice and Fire Association consoridation into PERA. Last year fund; were received and used for fire equipment. $56,000 is paid to the Porice Rerief Consoridated Account to the year 2010, so money received from the State and these funds will be adequate funds to cover this cost. Williams did not feel this was hiding money. Fehst stated that if money were hidden, we would not be discussing it. Fehst explained dedicate funds and that a certain amount of these funds are required. He risted items where fund balances are used such as Parkview l/illa. Elrite stated that auditors indicate surplus funds should be designated for a purpose or you should not have the funds. Wyckoff questioned the amount of rainy day fund,'. Elrite stated that there is Si. 4 million over what is needed for cash flow, which is not significant for an $8 million dollar budget. Wyckoff asked if funds could be tran,ferred from here. Elrite stated yes, at the discretion of Council. Peterson stated his confidence in Elrite and staff, and referred to the notification he just received indicating that the City will receive an award for excellence in accounting. HaroM Hoium, 4315 5th Street, expressed his opinion on account reserves. Motion by Nawrocki to amend the proposed limit increase of property tax to 3.5 % above the levied amount of last year with the balance to come from General Fund reserves. Motion died for lack of a second. Upon vote of the original motion: Williams, aye; Szurek, aye; Wyckoff, aye; Nawrocki, aye; Peterson, aye. All ayes. Motion carried. City Council Minutes December 17, 2001 Page 8 of 29 #11 Adopt J.P. Murzyn Hall 2003 rental rates and revise Management Plan discount policy Motion by Williams, second by Szurek, to adopt the 2003 Murzyn Hall rental rates and revisions to the JPM Management Plan regarding the discount policy as outlined by the Park and Recreation Commission at their meeting of November 28, 2001. Keith Windschitl, Recreation Director, indicated that due to increased cost; and budget cuts, the Park and Recreation Commission recommended increasing rental rates by 10 percent and decreasing the Columbia Height; resident discount from 35percent to 20percent, effective in January for 2003 bookings. Nawrocki stated he was very strongly opposed to this. He gave the history of the building and the original purpose that it was to be available for resident; at a reasonable rate. He felt this increase wouM price the rental out of range for resident,'. Wyckoff questioned why deposit; are not refunded. Windschitl stated that last minute cancellations require deposit; to be retained to cover expenses. Wyckoff asked if special groups couM still request fees be waived. Windschitl indicated yes, they could. Windschitl stated this was the rate recommendation following the cut of $70, O00 from the recreation budget. Wyckoff questioned resident versus non-resident usage. Windschitl stated it is about 50 percent of each. Windschitl stated he called other cities, that do give a resident discount, but they did not discount $300 a night. Williams stated he support; the motion and want; resident; to invest back into the city. He indicated there are things that need to be done that are not in the budget next year, and eventually it may be necessary to build a new building. Peterson indicated that he wouM tike to let resident; use the building for free, but we must be reafistic and must pay for what we get. Peterson stated he is the liaison to the Park and Recreation Commission and that they are frequently chastised for lack of revenue. This year roof repairs were required and we were lucky to have the funds to repair it. Motion by Nawrocki to amend that the resident discount not be changed from the existing level. Second by Wyckoff. Upon vote: Williams, nay; Szurek, nay; Wyckoff, aye; Nawrocki, aye; Peterson, nay. 3 nay - 2 aye. Motion failed. Motion by Wyckoffto amend the original motion defining a resident discount rate of 25 percent. Second by Szurek. Windschitl asked that the rate increase become effective for all reservations made beginning January 2002. Wyckoff stated the increase shouM be for 2003 rental; only. Windschitl stated this wouM be confusing to people calling for reservations. Upon vote of the amendment: Williams, aye; Szurek, aye; Wyckoff, aye; Nawrocki, aye; Peterson, aye. All ayes. Motion carried. Friendly amendment by Williams that all new rentals rates be effective beginning in 2002. Agreed to by Szurek. Lee Stanch, 1155 Kyber Lane, questioned the annual operating cost,'. Fehst stated that about 30percent of operating cost; are recouped. He stated that taxpayers are subsidizing the loss, and the facility shouM pay for more of the current operating expenses. Williams agreed. City Council Minutes December 17, 2001 Page 9 of 29 Klm Ferroo Anker, resident, questioned groups that have been quoted a price, and felt this wouM be confusing for the public. Fehst stated that these groups shouM be notified to confirm their reservation before January F't. Windschitl indicated that Murzyn Hall is unique, because groups can use any ficensed caterer, and have a reduced price on the serving of alcohol. Upon vote: Williams, aye; Szurek, aye; Wyckoff, nay; Nawrocki, nay; Peterson, aye. 3 ayes -2 nays. Motion carried. Windschitl confirmed that this motion allows a 10 percent rate increase and an increase in the required down payment. # 13 Authorization to obtain price quotes for printing and mailing the 2002 City newsletters Motion by Szurek, second by Williams, to authorize staff to obtain price quotes for printing and mailing the 2002 "Heights Happenings city newsletters. Windschitl indicated the request for bid letters have been mailed but bid; have not yet been received Nawrocki questioned why the specifications were only for sheet printing and not for web printing. Windschitl explained the differences in sheet printing versus web printing and the price differences bid in 1998. Nawrocki stated that we should work with a local company. Peterson recommended sheet printing over web printing for the price and quality of product. Windschitl gave statistics on newsletter readers. Nawrocki felt the newsletter should be bid both ways. Windschitl stated he would need to receive and approve bid; soon, as the next newsletter must be to the printer by the end of January. Motion by Nawrocki to amend that the bid date be extended, and the bid specifications be changed to include web press printing. Wyckoff stated she wouM tike to use a local business if their bid is within five percent of the low bid Fehst stated that we do business with local companies whenever possible. Herbert Anker, resident, suggested that Insty Print; could handle this job. Wyckoff suggested they receive a bid form. Windschitl indicated he will have companies submit two bid,'. Lee Stauch, resident, suggested bid; wouM be better if the printer was given a three year contract. Windschitl stated that in the past two years prices have decreased Jim Hoefi, City Attorney, indicated that these are price quotes and do not need a deadline. Peterson requested these bid; be reviewed at the first Council meeting in January. Second to motion amendment by Wyckoff. Upon vote: All ayes. Motion carried. Windschitl described the distribution of the 12,900 newsletters being to Columbia Height; residents, office copies, outer 55421 zip code area, and local public school,'. Upon vote of the original motion: All ayes. Motion carried. Windschitl stated funds come from fine item 45050 Special Event,'. Bill Elrite, Finance Director, explained the special events fund City Council Minutes December 17, 2001 Page 10 of 29 PUBLIC HEARINGS Public Hearing called for Revocation/Suspension of Rental Housing License at 4544-4546 Fillmore Street Mayor Peterson closed the public hearing as the property is now in compliance with the Residential Maintenance Code. Public Hearing called for Revocation/Suspension of Rental Housing License at 1035-1037 43 lA Avenue Mayor Peterson closed the public hearing as the property is now in compliance with the Residential Maintenance Code. Adopt Resolution 2001-85, being a resolution of Rental Housing License Revocation for 1206-1208 Circle Terrace Boulevard Dana Alexon, Assistant Fire Chief stated that two housing violations remain uncorrected at this location from June 28, 2001. The owner was granted an extension to October, but as of the last inspection the entrance gate door was still broken and there are missing or broken board; on the exterior of the home. Peterson suggested removing the gate. Herbert Blaine Anker, renter at 1208 Circle Terrace Boulevard stated he couM remove the gate, but wouM like it to remain to keep the pit bull dog; across the street out of his yard. Anker indicated that if the weather permitted he wouM replace the board; on the back wall and then go to the owner for reimbursement. Peterson questioned the same owner bringing another property into compfiance, but not this property. Alexon stated that the property owner has passed away and that the violations are not life threatening, but are covered under City Code. Peterson appreciated that the renter offered to fix the violations. Peterson questioned if the renter's repair expenses can be deducted from their rent. Hoeft couM not provide council to the renters. He suggested that Council still take action on the rental ficense to obtain compfiance by the owner. Fehst stated he wouM call Dave Jacobs, legal representative of the property, and ask him to work with the renters on fixing the violations. The Anker ' s were concerned that the property not be posted with a sign. Nawrocki stated that renters are not entitled to withhoM rent money because something need; repair. Williams questioned if this could be tabled. Hoeft suggested going forward with the vote on suspension or revocation, but to postpone posting the property until the weather allows repairs to be completed. Fehst suggested suspending action for 30 days, tabfing this to the end of danuary. Kim Ferroo Anker, stated that as the tenant, she wouM have appreciated being notified in June when the landlord did not comply. Motion by Williams to suspend the hearing for 1206-1208 Circle Terrace Boulevard to January 28, 2002. Second by Wyckoff. Upon vote: All ayes. Motion carried. Public Hearing called for Revocation/Suspension of Rental Housing License at 4040-4042 Cleveland Street. - Previously tabled Mayor Peterson closed the public hearing as the property is now in compliance with the Residential Maintenance Code. City Council Minutes December 17, 2001 Page 11 of 29 Public Hearing called for Revocation/Suspension of Rental Housing License at 4616 Tyler Street - previously_ tabled Mayor Peterson closed the public hearing as the property is now in compliance with the Residential Maintenance Code. ITEMS FOR CONSIDERATION A) Other Ordinances and Resolutions -none B) Bid Considerations - none C) Other Business Adopt Resolution No. 2001-83, being a resolution approving plans for 51 st Avenue 3/4 median closing on T.H. 65 Kevin Hansen, Public Works' Director, described the proposed three-quarter median closing at 5 F't Avenue on Central Avenue. This is a compromise with landowners following the originally proposedfull median closure. The MnDOT proposal is to improve safety at the intersection by stopping left turn-out and efiminating crossing multiple lanes of traffic. This type of median is currently working in Dakota County. Nawrocki questioned the extra distance people would have to travel. He stated a stoplight shouM be installed. Hansen indicated that the State wouM not put another stoplight on Central Avenue at this intersection, and that the adjacent business owners felt this was a reasonable compromise. Robert Evgayekha, MNDOT representative, gave statistics of traffic counts' and accidents' at this intersection. He felt the three-quarter median was a good compromise and solution. He did meet with adjacent business owners who did not want a full median closure and are happy with the new proposal. Hansen stated that this work is funded through MnDOT, at no cost to Columbia Heights' and wouM take three to four weeks' to complete. deff Erickson, 4544 Fillmore, stated that for safety he wouM not mind going around the side streets, and felt there are already to many signals' lights'. Jerry Herringer, 5150 Central, agreed that the intersection shouM be addressed but felt drivers will only go to the next light and do a u-turn. Harold Hoium stated that if the median is not high enough to be seen in the winter, it would be plowed into. Motion by Williams, second by Wyckoff, to waive the reading of Resolution No. 2001-83, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Wyckoff, to adopt Resolution No. 2001-83, being a resolution approving construction plans prepared by the Minnesota Department of Transportation for the median modifications to Central Avenue at 51 st Avenue. Nawrocki spoke against the motion. Upon vote: Williams, aye; Szurek, aye; Wyckoff, aye; Nawrocki, nay; Peterson, aye. 4 ayes -1 nay. Motion carried. Approve Joint Powers Agreement with Anoka County for Assessment Services -previously tabled Fehst stated that he spoke to the City of Fridley regarding joint assessment service. They did not believe this couM be done at a savings, and wouM thought it be cheaper to contract with Anoka County. He listed City Council Minutes December 17, 2001 Page 12 of 29 the number of parcels and costs'. Because of these figures, Fehst recommended the joint powers agreement with Anoka County. He stated that danene Hebert, the Columbia Heights' Assessor, wouM be available upon request to address issues such as EDA property concerns. Motion by Szurek, second by Williams, to approve the joint powers agreement with Anoka County for assessment services, effective January 16, 2002 - January 15, 2008 and to authorize the Mayor and City Manager to execute the agreement. danene Hebert, Anoka County Assessor, was present to answer questions and explained the services provided by the Anoka County Assessing Department. Lee Stanch questioned the fees charged by the County. Fehst stated that estimated costs for 2002 are based on 6, 486parcels at $9.89 per parcel, which is up from $9.46 last year. Stanch questioned the replacement of the City Assessment Clerk. Fehst stated that this position wouM not be filled following her retirement. HaroM Hoium disagreed with the County assessment procedure. Upon vote: All ayes. Motion carried. Renewal of Wine/Beer License - Tycoon's Tavern & Grill - original motion denied 11-26-2001 Peterson stated this renewal was denied by City Council on November 26, 2001. Staff was asked by the applicant to again bring this to Council. Staff is still recommending denial of the license renewal. Police Chief Tom Johnson stated there were two major issues at this establishment over the last eight months' involving the owner's husband Johnson stated the husband is currently in jail on domestic abuse charges and illegal alien status. Johnson asked that if the license is granted that the husband of the owner be excluded from the establishment to eliminate risks to patrons. Hoefi indicated that the original request for a liquor license was granted with concerns that the applicant was a cover for the husband, with an illegal status, to receive the license. At that time, Council was given the assurance that would not be the case. Through the court system, it has been determined that the husband has been involved in the business and residing above the facility. Johnson stated the outcome of court proceedings held this morning. Nawrocki questioned how to enforce keeping the husband from the premises. Hoefi stated it wouM only be enforced ifa violation occurred and he was on the premises. The incident wouM be brought before Council to determine if the license shouM be revoked Johnson stated he is currently in INS custody for 90 days' with a possible 90 day extension. Woo&ow Byum, Attorneyfor Mrs. Kwon, stated that Mr. Kwon is in jail. He has plead guilty to one charge and therefore would be probably be deported within the next 90 days'. He was made to promise to not come back to the location for two years. Mr. Kwon has had nine criminal violations in five years in Hennepin County. Byum stated that if Mrs. Kwon were denied this license, she would be a victim again. Woo&ow stated steps were taken in March for Mr. Kwon to obtain a green card but may be cancelled by INS because of domestic violence charges. Byum stated that Ms. Kwon became a citizen on August 31, 2001, and granting her this license would be the proper thing to do. Wyckoff questioned if Mrs. Kwon wouM be able to run the estabfishment alone. Byum stated that she has friends' and relatives to help, and if it does not work out she may have to sell the business. Szurek indicated that Council was assured before that she would be able to run the estabfishment on her own, but then had help from her husband, so she now finds this difficult to believe and to grant a license again. Hoefi stated that the license for this year had no conditions. City Council Minutes December 17, 2001 Page 13 of 29 Nawrocki stated he was sensitive to her financial obligations to continue the business, but that we must consider our obligations to keep these type problems from happening. Nawrocki reiterated that the Pofice Department recommendation is to deny the ficense request. Woodrow asked that Mrs. Kwon not be penalized for the past and that she does not want Mr. Kwon to return. Chief dohnson restated the situation of Mr. Kwon ' s arrest and his advise to Mrs. Kwon to obtain an order for protection. Hoefi stated that she has not obtained such an order, but it is on the court record that he promised he wouM not go back to the establishment. Chief Johnson stated that he wouM want an order for protection in place. Deb Johnson, 4836 Pierce, stated that the property is fisted for sale on the Edina Reafity web site. Byum stated that that is an error. Nawrocki asked if it wouM be possible to grant a ficense for less than a year. Hoefi stated yes. Williams stated he wouM consider approval if Mrs. Kwon obtained a restraining order to keep Mr. Kwon from the property. Hoefi suggested a motion to grant a fiquor ficense for the Tycoon Bar and Grill to Mrs. Kwon with the condition that Mr. Kwon not come on the property and that Mrs. Kwon obtain a restraining order keeping Mr. Kwon from the Tycoon property as soon as possible. Hoeft stated that if the order is not processed by April that the issue be revisit at that time. Chief Johnson was concerned that deafing with Mr. Kwon took four officers, and he was personally concerned for residents, Mrs. Kwon, and his officers. He stated that we do want Mrs. Kwon and her business in our community. Johnson highly suggested she get an order for protection. Motion by Williams, second by Wyckoff, to approved the 2002 wine and beer license for Ok Cha Kwon dba Tycoon's Tavern and Grill at 4952 Central Avenue, conditional that Mr. Kwon not be allowed on the property and that Mrs. Kwon proceed to obtain an order for protection from the court system keeping Mr. Kwon off this property. Upon vote: All ayes. Motion carried. Adopt Resolution No. 2001-68, being a resolution designating official depositories and safe deposit access for the City of Columbia Heights -previously tabled Motion by Wyckoff, second by Szurek, to waive the reading of Resolution No. 2001-68, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Nawrocki agreed, since we have a year supply of checks, but before we run out of checks asked that consideration be given to local facilities. Szurek stated she wouM like to see it be a Columbia Heights bank again. Motion by Wyckoff, second by Williams, to adopt Resolution 2001-68, being a resolution designating official depositories and safe deposit access for the City of Columbia Heights. Upon vote: All ayes. Motion carried. Adopt Resolution No. 2001-81, being a resolution for the acceptance of bid and award of Jackson Pond Fencing, City Project #0009 Motion by Williams, second by Szurek, to waive the reading of Resolution No. 2001-81, there being ample copies available to the public. Upon vote: All ayes. Motion carried. City Council Minutes December 17, 2001 Page 14 of 29 Motion by Williams, second by Szurek, to adopt Resolution No. 2001-81, being a resolution for the acceptance of bid and award of Jackson Pond Fencing Replacement, City Project #0009, to Security Fence and Construction, Inc. of Minneapolis, Minnesota, in the amount of $25,120.00 based upon their low, qualified responsible bid to be funded from Storm Sewer Construction Fund 653-50009-5130; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Hansen explained that this bid was changed from the original bid to reutilize post; and to put sleeves on them, use black vinyl coated fencing, and reduce the area 35feet. Hansen stated that Rainbow Food; is required to provide screening through a past agreement. They may provide slat; or natural vines. City crews wouM install landscaping. Upon vote: All ayes. Motion carried. Establishing 2002 Rental License Fees Dana Alexon, Assistant Fire Chief, referred to packet summary information that was sent to rental property owners. Wyckoff stated that she attended the landlord'; meeting and that the majority of landowners present would be agreeable to a 50 percent increase with a three year inspection timeframe, instead of inspections every two years. Nawrocki questioned dropping the entire program. He asked what other cities charge for these programs. Alexon stated that compliance has become easier since initial inspections have been done. The program has gone from inspections every year to every two years. He stated he has the information from other cities available for review. Wyckoff stated that we charge more than some and less than other cities. Fehst indicated that in the budget cutting process this program was reviewed. Alexon stated that the increase would only impact some properties. Fehst indicated that landlord; tend to be very supportive of the program, and revenue would increase $25,000 to $45,000. Income from the program is $109,000 and efimination would leave a hole in the budget. Williams stated he thought the increase was to be on re-inspection fees and felt the need was to charge those that don't comply. Alexon stated that the survey completed showed our re-inspection fees are on the high side and an increase in this area wouM not have generated the revenue necessary. Lee Stauch felt that small rental unit; would receive a larger increase than large unit,'. He questioned if each Crest Flew apartment is inspected. Alexon stated yes, and that they pay the same rates as other landowners. Nawrocki asked if most of the ficenses have been renewed. Alexon stated that we are on a ten month cycle. The proposal was that the new 2002 rate would be charged after the first of the year, and the next renewal is not until March 1. Nawrocki requested to see the survey. Motion by Nawrocki, second by Wyckoff, to table further consideration of this matter to the second meeting in January. Upon vote: All ayes. Motion carried. Ken Henke, 4429 2 ~ Street, stated he was against the increase because he keeps his place current, reasonable and safe and would agree with Williams on the need to penalize the people causing the problems. He stated this increase would only be passed on to the renters. City Council Minutes December 17, 2001 Page 15 of 29 ADMINISTRATIVE REPORTS Report of the City Manager Fehst asked to schedule a mid-JanuaW date for a tour of commercial and industria/ properties followed by a vision and goa/ setting session with Community Development staff. Peterson suggested JanuaW 5, 2002 at 8:00 a.m. Peterson requested to look at the Lomianki park area. Fehst suggested discussion on replacement of the Community Development Director. Fehst referred to his conversation with dim Kordiak regarding the North Star Corridor. Report of the City Attorney - none GENERAL COUNCIL COMMUNICATIONS Minutes of Boards and Commissions 1) Meeting of the December 4, 2001 Planning and Zoning Commission CITIZENS FORUM HaroM Hoium tom a stoW ora random act of kindness. COUNCIL CORNER Nawrocki commented that the Honeywell contract is one sided and invited Council to research the Honeywell replacement of units on the fibraW. Nawrocki offered handouts from the National League of Cities Conference on changes in the new tax law and poficies adopted by the National League of Cities, and described a session attended on leadership training and resolving conflict with difficult people. Nawrocki described a discussion on fiber optic fines with a Councilmember from Northeast Minneapofis. This will be discussed by the Telecommunications Commission. Nawrocki stated that he met with Mr. Mitchel, with the Elderberry Institute, for the purpose of encouraging senior citizens to stay in their homes. Nawrocki referred to an inspirational cassette tape of Dr. Carston of dohn Hopkins. Nawrocki asked staff to look at 3 72 7 Reservoir Boulevard where there are still hay bales, a flimsy fence and dirt in the alley. Nawrocki questioned the City Manager review form. Peterson suggested meeting prior to a work session for discussion. Wyckoff wished everyone a Merry Christmas and a safe New Year. Szurek wished everyone a Merry Christmas and happy New Year, and asked everyone to pray for our military. Williams spoke on taxes, proposed inflation and state aid reduction for 2002. Williams stated that in the MN Home Journal, Columbia Heights' was ddth out of 109 in home values. Williams pray for the peace andprosperity of our city. Williams read the thank you from Jane Gleason. th Encourage everyone to look at 3 7 and University and see the deterioration. Our city will and must change. He wished everyone a Merry Christmas. City Council Minutes December 17, 2001 Page 16 of 29 Peterson commented on the city tour and stated that Council made commitment to move forward and improve the industrial area. Peterson stated, "Don't take yourself to seriously, enjoy life, do a random act of kindness, and Merry Christmas and Happy New Year ". ADJOURNMENT Mayor Peterson adjourned the meeting at 12:20 a.m. Patricia Muscovitz, Deputy City Clerk Because of the number of resolutions from this City Council meeting, the resolutions are listed following the meeting minutes. City Council Minutes December 17, 2001 Page 17 of 29 RESOLUTION NO. 2001-72 RESOLUTION ADOPTING A MODIFICATION TO THE DOWNTOWN CENTRAL BUSINESS DISTRICT (CBD) REVITALIZATION PLAN FOR THE CBD REDEVELOPMENT PROJECT AND ADOPTING THE MODIFIED PLAN FOR HOUSING REDEVELOPMENT TAX INCREMENT FINANCING DISTRICT NO. 1 THEREIN. BE IT 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 City of Columbia Heights Economic Development Authority (the "EDA") has heretofore established the Central Business District (CBD) Redevelopment Project and adopted the Downtown CBD Revitalization Plan therefore and established Housing Redevelopment Tax Increment Financing District No. 1 and adopted the Tax Increment Financing Plan therefore. It has been proposed that the City adopt a Modification to the Downtown CBD Revitalization Plan (the "Downtown CBD Revitalization Plan Modification") for the CBD Redevelopment Project and adopt a Modification to the Tax Increment Financing Plan (the "Tax Increment Financing Plan Modification" or together with the Downtown CBD Revitalization Plan Modification, the "Modifications") for Housing Redevelopment Tax Increment Financing District No. 1 (the "District "), all pursuant to and in conformity with applicable law, including Minnesota Statutes, 469. 090 through 469.1082, and Sections 469.174 to 469.179, inclusive as amended (the "Act"), all as reflected in the Modifications, and presented for the Council's consideration. 1.02. The Council has investigated the facts related to the Modifications and has caused the Modifications to be prepared. 1.03. The EDA and City have performed all actions required by law to be performed prior to the adoption and approval of the proposed Modifications, including, but not limited to, notification of Anoka County and Independent School District No. 13 having taxing jurisdiction over the property included in the District, a review of and written comment on the Modified 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 Modified Plans and to the activities contemplated therein have heretofore been prepared by staff and made a part of the City and EDA files and proceedings on the Modified Plans. The Reports include data, information and/or substantiation constituting or relating to the bases 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. 1.06. The City is not modifying the term of the District. Section 2. Findings for the Approval of the Modifications 2.01. The Council hereby finds that the Modified 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 purpose and accomplish certain objectives as specified in the Modified Plans, which are hereby incorporated herein. Section 3. Findings for the Tax Increment Plan Modification 3.01. The Council hereby reaffirms the original findings for the District, namely that when the District was established, it was established as a "redevelopment district" under Minnesota Statutes, Section 469.174, Subd. 10 (a)(1). City Council Minutes December 17, 2001 Page 18 of 29 3.02. The Tax Increment Plan Modification conforms to the general plan for development or redevelopment of the City as a whole. The reason for supporting this finding is that the Tax Increment Plan Modification will generally complement and serve to implement policies adopted in the City's comprehensive plan. 3.03. The Tax Increment Plan Modification will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development or redevelopment of the CBD Redevelopment Project by private enterprise. The reason for supporting this finding is that the development activities are necessary so that development and redevelopment by private enterprise can occur within the CBD Redevelopment Project. 3.04. The development and redevelopment efforts, in the opinion of the City, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and therefore, the use if tax increment financing is deemed necessary. 3.05. The City of Columbia Heights elects to continue to calculate fiscal disparities for the District in accordance with Minnesota Statutes, Section 469.177, subdivision 3, clause a, which means the fiscal disparities contribution would be taken from outside the District. Section 4. Public Purpose 4.01. fulfill a need to economy of the The adoption of the Modifications conform in all respects to the requirements of the Act and will help develop an area of the State which is already built up, to improve the tax base and to improve the general State and thereby serves a public purpose. Section 5. Approval and Adoption of the Modifications; Filing. 5.01. The Modifications, 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 Deputy Clerk. Approval of the Modifications does not constitute approval of any project or a development agreement with any developer. 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 Modifications 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 is requested to certify the original net tax capacity of the expansion parcels, as described in the Modifications, and to certify in each year thereafter the amount by which the original net tax capacity has increased or decreased; and the City of Columbia Heights is authorized and directed to forthwith transmit this request to the County 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 Deputy Clerk is further authorized and directed to file a copy of the Modified Plans with the Commissioner of Revenue. Passed this 17th day of December 2001 Offered by: Second by: Roll Call: Wyckoff Williams Ayes: Petersons, Szurek, Wyckoff, Williams, Nawrocki Attest: Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk City Council Minutes December 17, 2001 Page 19 of 29 EXHIBIT A RESOLUTION NO. 2001-72 The reasons and facts supporting the findings for the adoption of the Modified Plan for Housing Redevelopment Tax Increment Financing District No. 1, as required pursuant to Minnesota Statutes, Section 469.175, Subdivision 3 are as follows: Finding that Modified Housing Redevelopment Tax Increment Financing District No. 1 is a redevelopment district as defined in M.S., Section 469.174, Subd. lO(a)(1). The expansion of the District consists of 10 parcels, with plans for redevelopment of the housing stock in the area. The expansion to the district is a scattered site expansion and each parcel in the expansion is occupied by buildings, utilities, or other improvements of greater than 15percent and more than 50 percent of the buildings on each parcel in the expansion of the district, not including outbuildings, are structurally substandard to a degree requiring substantial renovation or clearance (See Appendix D of the TIF plan). Finding that the proposed development, in the opinion of the City Council, would not reasonably be expected to 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 Housing Redevelopment Tax Increment Financing District No. 1 permitted by the Plan. The proposed development, in the opinion of the City, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future: This finding is supported by the fact that the redevelopment proposed in this plan meets the City's objectives for redevelopment. Due to the high cost of acquisition and redevelopment on the parcels currently occupied by substandard buildings, the limited amount of residential property for expansion adjacent to the existing properties, and the cost of financing the proposed improvements, this project is feasible only through assistance, in part, from tax increment financing. The increased market value of the properties that could reasonable be expected to occur without the use of tax increment financing would be less than the increase in market value estimated to result from the proposed redevelopment after subtracting the present value of the projected tax increments for the maximum duration of the TIF District permitted by the Plan: The City supported this finding on the grounds that the cost of site acquisition and site improvements add to the total redevelopment cost. Historically, acquisition and site improvement costs in this area have made redevelopment infeasible without tax increment assistance. The City reasonably determines that no other redevelopment of similar scope is anticipated on these properties without substantially similar assistance being provided for redevelopment. A comparative analysis of estimated market values both with and without the inclusion of the additional parcels within the District and the use of tax increments has been performed as described above. If all development which is proposed, with respect to the expansion parcels, to be assisted with tax increment were to occur in the District, the total increase in market value would be up to $1,620,000. The present value of tax increments from the expansion parcels within the District is estimated to be $144,674. It is the Council's finding that no development with a market value of greater than $819,126 would occur without tax increment assistance in this district within 19 years. This finding is based upon evidence from general past experience with the high cost of acquisition and site improvements in the general area of the District (see Cashflow in Appendix C of the TIF Plan). Finding that the Tax Increment Financing Plan for Housing Redevelopment Tax Increment Financing District No. 1 conforms to the generalplanfor the development or redevelopment of the municipality as a whole. The Planning Commission reviewed the Plan and found that the Plan conforms to the general development plan of the City. Finding that the Tax Increment Financing Plan for Housing Redevelopment Tax Increment Financing District No. 1 will affbrd maximum opportunity, consistent with the sound needs of the City as a whole, for the development or redevelopment of CBD Redevelopment Project by private enterprise. The project to be assisted by the District will result in the renovation of substandard properties, increased tax base of the State and add a high quality development to the City. Through the implementation of the Plan, the City will increase the availability of safe and decent life-cycle housing in the City. City Council Minutes December 17, 2001 Page 20 of 29 RESOLUTION NO. 2001 - 78 BEING A RESOLUTION ESTABLISHING SENIOR CITIZENS OR RETIRED AND DISABLED PERSONS HARDSHIP SPECIAL ASSESSMENT DEFERRAL Whereas, immediate payment of special assessments or installments on special assessments cast an undue hardship on some persons owning homestead properties who are 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make payments, and Whereas, Minnesota Statutes §435.193 - 435.195 makes it possible for a home rule charter city to pass a resolution establishing standards and guidelines for determining the existence of a hardship and for determining the existence of a disability. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS: 1. This deferral procedure shall apply only to assessments which are payable in five or more annual installments. 2. This deferral procedure shall apply only to property owned and occupied by the elderly, retired, or disabled applicant. Ownership and occupancy must be of the same nature as would qualify the applicant for a homestead exemption for tax purposes. 3. This deferral procedure shall apply only to homestead property owned by a person 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make payments. Permanent and total disability shall have the same definition for purposes of assessment deferral as is used for social security purposes. 4. This deferral procedure shall not be construed as to prohibit the determination of hardship on the basis of exceptional and unusual circumstances not covered by the standards and guidelines herein so long as determination is made in a nondiscriminatory manner and does not give the applicant an unreasonable preference or advantage over other applicants. 5. In order to obtain a deferral of an assessment, the homeowner must make application on the forms prescribed by the City of Columbia Heights Assessment Clerk. 6. In granting a deferred assessment, the Council shall determine in its resolution approving the assessment roll the amount of interest, if any, to be charged on the deferred assessment. 7. The option of the homeowner to defer the payment of special assessments shall terminate and all amounts accumulated plus applicable interest shall become due and payable upon the occurrence of any of the following events: a. the death of the owner, provided that the spouse is not otherwise eligible for benefits hereunder; b. the sale, transfer or subdivision of the property or any part thereof; c. if the property should for any reason lose its homestead status; or d. if for any reason the City shall determine that there would be no hardship to require immediate or partial payment. 8. No deferral may be granted unless the homeowner makes application to the City Assessment Clerk within thirty (30) days after adoption of the assessment by the Council. 9. The deferral shall apply to only 50% of the annual installment payment. If the 50% is not paid in a timely manner, the balance of the annual installment along with all future installments shall become immediately due and payable. 10. No deferral shall be granted to any owner who has a gross annual household income from all sources in excess of $20,700.00. 11. No deferral may be continued from year to year unless the owner shall file a renewal application before September 15th of each year. 12. No special assessment may be deferred for a period longer than the time set by the Council as the time over which the project is to be assessed. 13. Interest on deferred assessments shall be at the rate set by the Council in its resolution adopting the assessment roll, and such interest shall be added to the amount deferred and shall be paid in accordance with Minnesota Statute §435.195 and this Resolution. Passed this 17th day of December, 2001. Offered by: Nawrocki Seconded by: Williams Roll Call: Ayes: Peterson, Szurek, Wyckoff, Williams, Nawrocki Nayes: none Patricia Muscovitz, Deputy City Clerk Mayor Gary L. Peterson City Council Minutes December 17, 2001 Page 21 of 29 RESOLUTION NO. 2001-71 RESOLUTION APPROVING THE DECERTIFICATION OF PARCELS NO. 35-30-24-14-0091 AND NO. 35-30-24-14-0092 FROM THE CENTRAL DOWNTOWN BUSINESS TIF DISTRICT BE IT RESOLVED by the City Council of the City of Columbia Heights, (the "City"), as follows: 1. Background; Findings. (a) The City is authorized, by Minnesota Statutes, Section 469.177 subdivision 12, to request the removal of certain parcels from a Tax Increment Financing District. (b) The City previously established the Central Downtown Business TIF District (the ~TIF District"). (c) Parcels No. 35-30-24-14-0091 and No. 35-30-24-14-0092 (the ~Parcels") are located within the TIF District. (d) The Parcels are also located within an additional TIF district, namely Transition Block Redevelopment No. 9. (e) The Columbia Heights Economic Development Authority (the ~Authority") has requested that the City approve the decertification of the Parcels from the TIF District. (f) The City determines that it is in the public interest to decertify the Parcels from the TIF District so that the Parcels are no longer located within two separate TIF districts. Parcels Decertified (a) The City hereby decertifies the Parcels from the TIF District. (b) The Mayor, the City Manager, and the Authority are authorized and directed to take whatever steps are necessary to give effect to this Resolution. The Authority is also authorized and directed to execute and deliver any and all documents necessary to give effect to this Resolution. Passed this 17th day of December 2001. Offered by: Nawrocki Seconded by: Williams Roll Call: Ayes: Peterson, Szurek, Wyckoff, Williams, Nawrocki Nayes: None Attest: Mayor- Gary L. Peterson Patricia Muscovitz, Deputy City Clerk City Council Minutes December 17, 2001 Page 22 of 29 RESOLUTION NO. 2001-83 BEING A RESOLUTION APPROVING CONSTRUCTION PLANS PREPARED BY THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR THE MEDIAN MODIFICATIONS ON TH 65 (CENTRAL AVENUE) AT 51sT AVENUE FOR THE 2002 CONSTRUCTION SEASON WHEREAS, the Minnesota Department of Transportation has completed a traffic analysis of the intersection of TH 65 at 51st Avenue; and, WHEREAS, the traffic analysis has shown that median modifications eliminating the left turn out(s) from 51 st Avenue onto Central Avenue will improve the safety at this intersection by eliminating cross traffic turning movements; and, WHEREAS, the Minnesota Department of Transportation is scheduled to let the project in January of 2002; and, WHEREAS, the Minnesota Department of Transportation will provide construction contract administration for the 2002 construction season; and, WHEREAS, the Commissioner of Transportation requires a resolution from local municipalities approving the project plans. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA, THAT: the City of Columbia Heights approves the construction plans prepared by Mn/DOT dated October 10, 2000, for the median modifications bearing the general title State Project 0207-71, Dated this 17th day of December, 2001 Offered by: Seconded by: Roll Call: Williams Wyckoff Ayes: Peterson, Szurek, Wyckoff, Williams Nayes: Nawrocki Attest: Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk City Council Minutes December 17, 2001 Page 23 of 29 RESOLUTION NO. 2001-82 RESOLUTION ADOPTING THE SNOW AND ICE CONTROL POLICY WHEREAS, a Snow and Ice Control Policy has been developed and recommended by City staff; and WHEREAS, adoption of said policy has been determined to be in the best interest of the City of Columbia Heights, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Columbia Heights that said Snow and Ice Control Policy is hereby approved and adopted. Dated this 17th day of December 2001. Offered by: Seconded by: Roll Call: Nawrocki Williams Ayes: Peterson, Szurek, Williams, Wyckoff, Nawrocki Nay: None Mayor Gary L. Peterson Attest: Patricia Muscovitz, Deputy City Clerk City Council Minutes December 17, 2001 Page 24 of 29 RESOLUTION NO. 2001-80 RESOLUTION REGARDING EMPLOYER CONTRIBUTION TO INSURANCES FOR 2002 WHEREAS, employer contribution to insurances for eligible union and non-union employees for 2002 were previously negotiated and established; WHEREAS, effective January 1, 2002, health insurance premiums will be increasing 48%; WHEREAS, neither the City nor the unions anticipated this dramatic an increase in insurance premiums during the course of contract negotiations for the current bargaining agreements; WHEREAS, in an effort to help lessen the impact to employees of the significant premium increase while attempting to minimize the impact on the City budget; BE IT RESOLVED, that the employer contribution to insurances for eligible union and non-union employees previously established effective January 1, 2003, will become effective January 1, 2002; BE IT FURTHER RESOLVED that such change will be effective for union employees once a memorandum of understanding is entered into between the City and the respective union(s). Passed this 17th day of December 2001. Offered by: Williams Seconded by: Szurek Roll Call: Ayes: Peterson, Szurek, Wyckoff, Williams Nay: Nawrocki Attest: Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk City Council Minutes December 17, 2001 Page 25 of 29 RESOLUTION NO. 2001-84 BEING A RESOLUTION APPROPRIATING AND DESIGNATING FUND BALANCES WHEREAS, the City of Columbia Heights has accumulated fund balances in the General Fund and Special Revenue Funds for the purpose of funding future capital improvements and capital equipment within the City, and, WHEREAS, these funds would be more appropriately accounted for in separate funds designated for the purpose in which they were accumulated, and, WHEREAS, the City has established a Capital Equipment Replacement Fund dedicated for the future replacement of equipment, and, WHEREAS, the City Council has established a Capital Improvement Fund for general government buildings dedicated for future improvements to general government buildings, NOW, THEREFORE, BE IT RESOLVED that the Columbia Heights City Council does hereby authorize the establishment of a Capital Improvement Fund for Parkview Villa South dedicated for the future improvement or replacement of the building, and, NOW, THEREFORE, BE IT FURTHER RESOLVED that the following transfers be made and appropriated for future equipment and capital improvement needs. From To Amount General Fund Police/Fire Contingency Fund Parkview Villa South Fund Capital Improvement General Government Buildings $1,400,000 Capital Equipment Replacement Fund $ 500,000 Capital Improvement Parkview Villa South $ 700,000 NOW, THEREFORE, BE IT FURTHER RESOLVED that any unbudgeted, undesignated fund balance in the Capital Equipment Replacement Funds or Capital Improvement Funds shall require a four-fifths vote to expend or transfer funds. Passed this 17th day of December 2001 Offered by: Williams Seconded by: Szurek Roll Call: Ayes: Peterson, Szurek, Wyckoff, Williams, Nawrocki. Nayes: none Attest: Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk City Council Minutes December 17, 2001 Page 26 of 29 RESOLUTION NO. 2001-83 BEING A RESOLUTION APPROVING CONSTRUCTION PLANS PREPARED BY THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR THE MEDIAN MODIFICATIONS ON TH 65 (CENTRAL AVENUE) AT 51sT AVENUE FOR THE 2002 CONSTRUCTION SEASON WHEREAS, the Minnesota Department of Transportation has completed a traffic analysis of the intersection of TH 65 at 51st Avenue; and, WHEREAS, the traffic analysis has shown that median modifications eliminating the left turn out(s) from 51 st Avenue onto Central Avenue will improve the safety at this intersection by eliminating cross traffic turning movements; and, WHEREAS, the Minnesota Department of Transportation is scheduled to let the project in January of 2002; and, WHEREAS, the Minnesota Department of Transportation will provide construction contract administration for the 2002 construction season; and, WHEREAS, the Commissioner of Transportation requires a resolution from local municipalities approving the project plans. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA, THAT: the City of Columbia Heights approves the construction plans prepared by Mn/DOT dated October 10, 2000, for the median modifications bearing the general title State Project 0207-71, Dated this 17th day of December, 2001 Offered by: Seconded by: Roll Call: Williams Wyckoff Ayes: Peterson, Szurek, Wyckoff, Williams Nays: Nawrocki Attest: Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk City Council Minutes December 17, 2001 Page 27 of 29 RESOLUTION NO. 2001- 68 RESOLUTION DESIGNATING OFFICIAL DEPOSITORIES AND SAFE DEPOSIT ACCESS FOR THE CITY OF COLUMBIA HEIGHTS IT IS HEREBY RESOLVED, that Northeast Bank, Wells Fargo Bank of Minnesota, N.A., and U.S. Bank are hereby designated as depositories of the funds of this corporation. IT IS FURTHER RESOLVED, that checks, drafts, or other withdrawal orders issued against the funds of this corporation on deposit with said banks shall be signed by the following: Mayor City Manager Clerk-Treasurer and that said banks are hereby fully authorized to pay and charge to the account of this corporation any checks, drafts, or other withdrawal orders. BE IT FURTHER RESOLVED, that the Northeast Bank, Wells Fargo Bank of Minnesota, N.A., and U.S. Bank are designated depositories of the corporation be and it is hereby requested, authorized and directed to honor checks, drafts or other orders for the payment of money drawn in this corporation's name, including those drawn to the individual order of any person or persons whose name or names appear thereon as signer or signers thereof, when bearing or purporting to bear the facsimile signatures of the following: Mayor City Manager Clerk-Treasurer and that Northeast Bank, Wells Fargo Bank of Minnesota, N.A., and U.S. Bank shall be entitled to honor and to charge this corporation for all such checks, drafts or other orders, regardless of by whom or by what means the facsimile signature or signatures thereon may have been affixed thereto, if such facsimile signature or signatures resemble the facsimile specimens duly certified to or filed with the Banks by the City Clerk or other officer of his corporation. BE IT FURTHER RESOLVED, that any and all resolutions heretofore adopted by the City Council of the corporation and certified to as governing the operation of this corporation's account(s) with it, be and are hereby continued in full force and effect, except as the same may be supplemented or modified by the foregoing part of this resolution. BE IT FURTHER RESOLVED, that all transactions, if any relating to deposits, withdrawals, re-discounts and borrowings by or on behalf of this corporation with said banks prior to the adoption of this resolution be, and the same hereby are, in all things ratified, approved and confirmed. BE IT FURTHER RESOLVED, that any bank or savings and loan located in the State of Minnesota may be used as depositories for investments purposes so long as the investments comply with authorized investments as set forth in Minnesota Statutes. BE IT FURTHER RESOLVED, that any brokerage firm located in the State of Minnesota may be used as a depository for investment purposes so long as the investments comply with the authorized investments as set forth in Minnesota Statutes. BE IT FURTHER RESOLVED, that the signatures of any one of the following named City employees are required for access to safe deposit boxes: Finance Director City Manager Assistant Finance Director City Council Minutes December 17, 2001 Page 28 of 29 Accountant Information Systems Director Information Systems Technician Passed this 17th day of December 2001 Offered by: Seconded by: Roll Call: Wyckoff Williams Ayes: Peterson, Szurek, Wyckoff, Williams, Nawrocki Nay: None Attest: Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk City Council Minutes December 17, 2001 Page 29 of 29 RESOLUTION NO. 2001-81 BEING A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR JACKSON POND FENCING REPLACEMENT CITY PROJECTS 0009 TO SECURITY FENCE AND CONSTRUCTION INC. OF MINNEAPOLIS, MINNESOTA WHEREAS, pursuant to an advertisement for bids for City Project 0009, Jackson Pond Fencing Replacement, bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Bidder Security Fence and Construction, Inc. Base Bid $25,120.00 WHEREAS, it appears that Security Fence and Construction, Inc., 4831 Washington Street N.E., Minneapolis, Minnesota, 55421, is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA, THAT: The Mayor and City Manager are hereby authorized and directed to enter into a contract with Security Fence and Construction, Inc. in the name of the City of Columbia Heights for Jackson Pond Fencing Replacement, City Project 0009, according to plans and specifications therefore approved by the Council. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made with their bids except the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been signed. Dated this 17th day of December, 2001 Offered by: Seconded by: Roll Call: Williams Szurek Ayes: Peterson, Szurek, Wyckoff, Williams, Nawrocki Nayes: None Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk