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HomeMy WebLinkAbout10/11/10 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY, OCTOBER 11, 2010 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, October 11, 2010 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Pastor Jin Kim, Church of All Nations gave the Invocation. Present: Mayor Peterson, Council member Williams, Council member Nawrocki, Council member Diehm, Council member Kelzenberg PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA Fehst requested to remove items G, H, and I for discussion. Nawrocki requested to bring up items: Library minutes, the bridge, League Regional meeting, police badges, allowing chickens in the community, letter from Kay Meyer, Huset Park foreclosure, wild animal pick up, and the Root property. Nawrocki requested a correction of minutes under item A and removal of B, D, E, and J for discussion. Council members decided to discuss each consent item individually. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Introduction of newly appointed Paid -On -Call Firefighter - Kyle Hall. Fire Chief Gary Gorman introduced and presented Paid -On -Call Firefighter Kyle Hall with his official helmet. Hall is the third member of this family on our fire department. B. Recognition and Presentation of Stork Pin to Full Time Firefighter Tony Cuzzupe and newly appointed Paid -On -Call Firefighter Cory Mattson for the delivery of a baby girl, Casey Sue Jensen, on 9/1/10. Gorman introduced Allina representatives Mark Staglis, Mark Descalos, Mike Pintar, Kevin Miller, and Rick Swedland. Allina personnel described the call for an emergency breach delivery handled by Tony Cuzzupe, Cory Mattson, and Rick Swedland. These members were honored with the prestigious Stork Pin and a Golden Stork Award. Peterson indicated the City's pride in our department. He welcomed Casey Sue Jensen and congratulated her parents, Brooke and Jason Jensen. C. Polish American Heritage Month Proclamation Peterson read the Proclamation and presented it to Sister City members Dolores Strand, Dorothy Penate, Wally Logacz, and Gloria Bergstrom. Bergstrom told of her trip to Poland to deliver a check to the children's hospital. She spoke of the friendship shared with them. Strand thanked the City for this fifteenth proclamation. Logacz gave greetings from the Mayor of Lomianki. This was his 17 trip to Lomianki in 13 years. He attends the American Flyer Memorial every year representing Columbia Heights. Logacz presented their gift of the new Polish flag and asked that it be displayed in the City Council Chambers. Peterson agreed. Logacz also presented items that Lomianki uses to promote City Council Minutes Monday, October 11, 2010 Page 2 of 13 their community. Their community book has two pages dedicated to Columbia Heights. Fehst stated that Pat Proft will meet with city officials regarding how to promote Columbia Heights. Strand asked that he be made aware of the WWII story. D. Homelessness Awareness Month Proclamation Mayor Peterson read the proclamation. Leah Cason, Heading Home Education Committee, accepted the proclamation and spoke of the social and financial impact of Homeless persons. She listed statistics of homeless youth. This is a community problem to resolve. Peterson stated that anything individuals can do to help would be appreciated. CONSENT AGENDA A. Approve minutes of the City Council meetings. Nawrocki indicated on page two of the September 27 minutes; the highest property taxes should say "among" and to reduce the levy to zero should be "proposed levy increase ". Move to approve the minutes of the September 27, 2010 City Council meeting. Move to approve the minutes of the October 4, 2010 Zone 4 Public Hearing. Move to approve the minutes of the October 4, 2010 Zone 5 Public Hearing. Move to approve the minutes of the October 4, 2010 Delinquent Account Public Hearing. Motion by Nawrocki second by Diehm, to approve the listed City Council minutes. Upon vote: All ayes. Motion carried. B. Accept minutes of the Columbia Heights Boards and Commissions Nawrocki referred to the Park Commission minutes allowing a five foot high sign for AutoWorld at the Huset park shelter. He strongly disagreed. Other groups, such as the Boosters, donate a lot of money and they do not get a sign. He questioned if this was in the budget. Fehst stated this is part of the grant and was understood at the time of approval. Fehst stated we should acknowledge the Boosters for all they have done. Nawrocki stated that city staff should post park rental sheets at the shelters. Fehst referred to Kordiak Park benches recognizing contributions. Fehst stated that the Park Commission can review this again. Peterson stated that Bobby and Steve's Youth Foundation donated $39,000 and GameTime donated $39,000 to pay for the entire playground project. Peterson stated that other groups require their name to be on donated projects. Diehm stated that the Youth Foundation and Game Time could have given these funds to anyone. We want this remembered two years and five years from now. We should also recognize the Boosters. Nawrocki referred to the Clock Tower having a small recognition plaque. Move to accept the July 28, 2010 Park and Recreation Commission minutes. Move to accept the October 5, 2010 Planning and Zoning Commission minutes. Nawrocki referred to the September Library minutes where items were circulated by mail and voted on by telephone. He was questioned on this by a resident. It is the legal opinion of our attorney that this was not a violation of the open meeting law. The Board also approved bills of a previous meeting. Jim Hoeft, City Attorney, indicated that the Board does not have legal authority to authorize payment of the bills; this can only be done by the City Council. Circulating the minutes and bills for review is not a violation of the open meeting law. The better practice City Council Minutes Monday, October 11, 2010 Page 3 of 13 would be if there is not a quorum to wait for the next meeting. Items can be reviewed retroactively. Nawrocki questioned Unique Management from the Library Board August 4 meeting. Kelzenberg stated they handle the collection of library fines. Move to accept the August 4, 2010 Library Board minutes. Move to accept the September 2010 Library Board minutes. Motion by Diehm, second by Kelzenberg, to accept the Board and Commission minutes as submitted. Upon vote: All ayes. Motion carried. C. Approve Gamblinu Permit, Immaculate Conception Church event; November 13, 2010 — stay on Motion by Diehm, second by Williams, to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a gambling permit for Immaculate Conception Church to conduct bingo and raffles at their event being held November 13, 2010 at 4030 Jackson Street NE, Columbia Heights; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty -day notice to the local governing body. Upon vote: All ayes. Motion carried. D. Approve Transfer of Funds for Detox Transports, CHHS and Unique Thrift Overtime from General Fund to Police Dept Budget Overtime, Line #1020 Motion by Diehm, second by Kelzenberg, to transfer $360, the amount of money received from Anoka County as partial reimbursement for detox transports; and $3,661.25, the amount of money received from Unique Thrift as reimbursement for overtime worked; and $3,250, the amount of money received from Independent School District #13 as reimbursement for overtime worked; from the General Fund to the 2010 Police Department Budget line 1020, Overtime. Upon vote: All ayes. Motion carried. E. Authorize School Liaison Officer Contract with Columbia Heights School District #13 for 2011 Motion by Diehm, second by Kelzenberg, to authorize the Mayor and Police Chief to enter into a Joint Powers agreement with Columbia Heights Public Schools for the provision of a Police School Liaison Officer program as stipulated in the Joint Powers Agreement for the period of January 1, 2011 through December 31, 2011. Nawrocki questioned the cost to the city. Fehst stated this program has been in place since 1992. The School District pays for 9112 of the officer. During the summer we pay 100 percent for the officer. Fehst stated that the cost will be the same this year and next year. Diehm stated she spoke to the School Superintendent and they are pleased with this relationship. They had a lock -down last week and having the liaison officer was a great comfort during that time. Williams stated in speaking with Missy Lee, she spoke of how well the city and school district work together and she will now report this to the state. Fehst thanked Superintendent Kelly for allowing students to bring home our newsletter. Diehm suggested that as part of our partnership the school take advantage of our police messaging system to residents to help alleviate resident fears in these types of situations. Upon vote: All ayes. Motion carried. City Council Minutes Monday, October 11, 2010 Page 4 of 13 F. Authorization to Seek Bids for 2010 Sanitary Sewer Pipe Lining Project — stay on Motion by Diehm, second by Kelzenberg, to authorize staff to seek bids for the 2010 Sanitary Sewer Pipe Lining Project for the pipe segments identified herein. Upon vote: All ayes. Motion carried. G. Adopt Resolution 2010 -94 being a Resolution Levying and Adopting the Assessment for 2010 Zone 4 Seal Coat Improvements, Project 1001 Fehst stated the public hearings were held last Monday. One woman, in the construction trade, complimented staff and the contractor on the job done. Her comment was the problem working with CenterPointe Energy. Fehst stated that the interest rate needs to cover the additional cost of our bonding and the underwriting of 1.5 percent. The recommended interest rate of 6.5 percent can be reduced to 6 percent. Nawrocki said then it should be 4.5 percent. Fehst stated that we have done this for the last ten years of the program. Williams asked Hansen how much time he spends on these projects. Hansen spoke on the time spent, stating that typical administrative costs are 15 percent. Williams indicated that we currently have our best ever bond rating. Fehst stated that our bond rating increased last year by 2 percent. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution 2010 -94 and change the interest rate to six percent, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution 2010 -94 being a resolution levying and adopting the assessment for 2010 Zone 4 Seal Coat improvements, project 1001. Nawrocki stated this charge should be consistent with actual costs. It should be 4 percent. There will be no social security increase and foreclosures are at 13 percent. Motion to amend by Nawrocki for a 4.5 percent interest rate. Peterson called for a second to the motion. Motion died for lack of a second. Williams stated that amount would not be fair to the City of Columbia Heights. We spend a lot of money doing this. Fehst indicated that we already underwrite the cost by 8 percent. The 6 percent does include the cost of borrowing money and administrative costs. Williams stated that we have budget constraints and Nawrocki is trying to make us look bad and make himself look great, but this would pass it along to the citizens. Peterson recalled that historically we have paid our cost by adding to the assessment, even back when Nawrocki was Mayor. Peterson stated that when he first got on the Council he voted for a no interest charge but it was not approved and he had to be educated by Nawrocki that somewhere along the line the interest must be paid. Everyone here would like to cut taxes. If the interest was lowered to nothing the budget would have to be adjusted to pay this out of the general fund. Fehst stated that the project is already paid 50 percent by the general public. The project came in 11.2 percent under the estimated cost. Williams stated that Nawrocki did not want to do the project this year and be like the City of Minneapolis with terrible streets. We have great streets. Nawrocki requested to speak, stating that members were casting aspersions. Williams called for the question. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes — 1 nay. Motion carried. H. Adopt Resolution 2010 -95 being a Resolution Levying and Adopting the Assessment for 2010 Zone 5 Street Improvements, Project 1002 Motion by Kelzenberg, second by Williams, to waive the reading of Resolution 2010 -95, and City Council Minutes Monday, October 11, 2010 Page 5 of 13 change the interest rate to six percent, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution 2010 -95 being a resolution levying and adopting the assessment for 2010 Zone 5 Street improvements, Project 1002. Nawrocki suggested the Mayor go back and check past minutes on intent. He tries not to cast dispersions. Everyone has a right to speak, not like he was stopped from speaking on the last motion. Williams called for the question. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes — 1 nay. Motion carried. I. Adopt an Assessment Roll and Levy a Special Assessment for Delinquent Accounts - Resolution 2010 -96 Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution 2010 -96, and change the interest rate to six percent, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution 2010 -96 being a resolution to adopt an assessment roll and levy a special assessment for delinquent accounts. Motion to amend by Nawrocki to reduce the interest rate to 4.5 %. Peterson called for a second. Motion died for lack of a second. Nawrocki stated that ultimately the tax payer pays for all of these costs. Motion to amend by Williams to charge 0 percent interest, second by Nawrocki. Upon vote: Kelzenberg, nay; Williams, nay; Diehm, nay; Nawrocki, aye; Peterson, nay. 1 aye — 4 nays. Motion failed. Upon vote of the original motion: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, aye; Peterson, aye. All ayes. Motion carried. J. Adopt Resolution No. 2010 -99, being an amendment to Resolution 2010 -68, approving the continuation of participation in the Local Housing Incentives Account Program Under the Metropolitan Livable Communities. Nawrocki asked why we have to have a higher goal for affordable lifestyle housing. Fehst stated the goals set are not that different than approved by council, but some changes have occurred. Jeff Sargent, City Planner, stated the previously recommended housing range goals. The Met Council asked that the numbers be adjusted to better reflect the community. We need this to be eligible for grants. This is the amount the Met Council agreed to. Nawrocki stated that we do not need any more affordable housing and he does not support more low income housing. Sargent indicated that the goals are at our discretion and we will not be penalized for not reaching the goals. Lifecycle housing covers all types of citizens. Diehm stated this was discussed at the August meeting and it was made clear that the majority of housing would meet these criteria. Affordable housing does not mean low income housing. The City Council Minutes Monday, October 11, 2010 Page 6 of 13 senior coop is considered affordable and the grants we can receive are great for our community. Williams stated that most of the houses we have bought and torn down were dumps and could not be rehabilitated. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution 2010 -99, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2010 -99, approving of the continuation of participation in the Local Housing Incentives Account Program under the Metropolitan Livable Communities, thereby establishing affordable housing and life -cycle housing goals. Nawrocki stated that not all of the houses purchased were not able to be rehabbed. He asked for prices to rehab and it was rejected. Peterson stated that we have a planner, building official, andeconomic development officials to determine this. There was one duplex that could have been rehabed, but we needed to reduce the density in that area. This allows the removal of dilapidated structures and the recession allowed us to buy at an affordable rate. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, aye; Peterson, aye. All ayes. Motion carried. K. Approve Business License Applications Motion by Kelzenberg, second by Williams, to approve the items as listed on the business license agenda for October 11, 2010 as presented. Upon vote: All ayes. Motion carried. L. Approve payment of the bills Nawrocki referred to check number 136511, payment to Anoka County for property taxes. We paid over $20,000 in taxes for property we purchased that before this were paid by property owners. In future we will pay taxes on the land value. Also, there was $1,400 in food bought for various events, which we should cut back on. Peterson stated that this was for approved city functions. Motion by Kelzenberg, second by Williams, to approve payment of the bills out of the proper funds, as listed in the attached check register covering Check Number 136428 through 136578 in . the amount of $1,240,008.16. Upon vote: All ayes. Motion carried. 6. PUBLIC HEARINGS A. Adopt Resolution 2010 -97 and 2010 -98, being Resolutions for approval of a Minor Subdivision and Site Plan for shared parking at 3900 Jackson Street NE. Jeff Sargent, City Planner, stated that Schafer Richardson is requesting a minor subdivision and parking arrangement. He indicated the building size and parking configuration, 32 parcel stalls on each property, which leaves one 10 parking spaces short, so they need an agreement to share parking. The Planning and Zoning Commission (P &Z) addressed the 10 percent park dedication fee required on the land value of $419,000, which would be $41,000 as staff felt that would be extreme. He indicated the reduced percentages other communities place on industrial lots. The P &Z recommends a 5 percent fee. The applicant has indicated that would not be able to happen and has proposed a 2.5 percent fee or requested the fee be waived. Staff recommends a 2.5 percent park dedication. Nawrocki questioned the use of the land and the function of the businesses. Sargent explained the turning radius for trucks to reach the loading docks and the long vacancy of the buildings. City Council Minutes Monday, October 11, 2010 Page 7 of 13 Nawrocki strongly opposed the reduction of the park dedication fee from 10 percent. Sargent stated the park dedication ordinance of 10 percent is for undeveloped land. The ordinance does not cover this situation and does not suit all needs. Peterson stated that 10 percent is too high. Sargent stated the percentages in other cities at 5, 3, and 5 percent on industrial properties. Peterson questioned if a reduction is fair to residential or lot splits. Sargent stated that this is different as it is the largest industrial lot in the city. Peterson felt this was unfair. Diehm indicated that park dedication fees are for the impact on parks in undeveloped areas. On a residential lot split two sets of families create more park usage. She asked if there were other lot splits in the industrial area. Sargent stated he was not aware of any in recent times. Diehm stated that the fee is for the impact on the community and she would not be opposed to a tier system, but not to judge this on a case by case basis. It should be set by policy. Nawrocki referred to the Huset area, owned by Schafer Richardson, which was given a reduction on park dedication fees. Sargent stated that they paid $750 per unit. Hansen stated that they also dedicated land. Hoeft pointed out that fees have deviated in the past on individual circumstances. This property, its classification, and location are another situation. Do not worry that this would set a precedent, but a policy would be better. A minor subdivision creates additional park usage, but not so with industrial property. That is the basis for this situation. Council has the ability to set the percentage at something other than the ordinance provides. Williams stated that the percentage should be negotiated. Staff initially recommended a 5 percent park dedication fee and the owner offered 2.5 percent. Kathryn Clat, representing Schafer Richardson, indicated that the proposed 5 percent would create a hardship. This is a simple lot split with no new construction or uses. It is a benefit to put a building back in use that has been vacant for 10 years. Diehm indicated the need to review the current policy. The intent is to compensate for the increased use on our park system by new development. This case will not create a lot of new impact. If we want to revitalize the industrial area and add jobs to our community, can we justify deviation as we are not adding additional development? Sergeant again explained staff's recommendation and the property owner's request for a reduction to 2.5 percent. Clat stated their strong intent to continue working with city. Their recommendation was considered thoroughly. The amount offered was based on what would work. Williams again stated the need to negotiate. Kelzenberg stated this would be a compromise between the 5 percent staff recommendation and the 0 percent recommended by the owner. Nawrocki stated that the resolution talks in terms of dollars. Motion by Diehm, second by Williams, to adopt Resolution No. 2010 -97, approving the Minor Subdivision at 3900 Jackson Street, subject to the conditions outlined in Resolution No. 2010 -97. Motion to amend by Williams, second by Kelzenberg, to approve Resolution 2010 -97, with a Park Dedication fee of 3.75 percent. City Council Minutes Monday, October 11, 2010 Page 8 of 13 Donna Schmitt, 4260 Tyler Street, member of the P &Z, stated that the commission approved the reduced percentages to be fair to the company and to bring in additional business and employees. Recently, Fridley approved a lot split for 4.9 acres and charged $12,000. Other cities have a $5,000 or $6,000 limit. Diehm stated that Fridley is at 3 percent. DeWayne Morrell, 4212 Reservoir Boulevard, stated that 3.75 percent would be $15,000. Upon vote of the motion to amend: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, nay. 3 ayes — 2 nays. Motion carried. Diehm pointed out that this is consistent with other cities such as Fridley and Roseville and her hope that the applicant appreciates the reduction. This will be a good addition to the area. Peterson requested that the ordinance be discussed at a work session, as this is unfair to residents. Nawrocki stated that he would not vote for the parking change, as the neighbors complain about truck usage on Jackson Street. Upon vote of the original motion as amended: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, aye; Peterson, nay. 4 ayes — 1 nay. Motion carried. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution 2010 -98, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2010 -98, approving the shared parking arrangement at 3900 Jackson Street, subject to the conditions outlined in Resolution No. 2010 -98. Nawrocki asked if the attorney will determine where the parking spots will be. Hoeft stated this has been done at several other properties and we need to have it recorded on the property. Sargent stated the need for a contract /agreement for the shared use of the parking and shared driveway. Fehst stated the need to restrict truck traffic on Jackson Street, as we have received complaints. Sargent indicated there is a restricted axel weight of 15,000 and complaints become an enforcement issue. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes — 1 nay. Motion carried. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions - none B. Bid Considerations - none C. New Business and Reports Nawrocki again indicated that there is not support for the new bridge on 49 and Central Avenue. The distance to use the bridge is a concern and it will lead to jay walking. Our police department enforces jay walking. There ought to be a program to inform students and residents about jay walking. Hansen stated that the entrance is now 30 feet back from the past point. The ramps look longer, but when walking them they really are not longer. We are looking at additions to better direct pedestrians to use of the bridge. Williams stated that the bridge is done and is very nice. If we save one life it is worth it and it modernized our city. Learn to use it and enjoy it. Diehm referred to a young child on a bike hit on Central Avenue. They will think it is great fun to use. Fehst stated that we will recognize the opening with a ribbon cutting. City Council Minutes Monday, October 11, 2010 Page 9 of 13 Nawrocki questioned who pays for the current crossing guards. Hansen stated that the school district pays this as part of their security and the city, through the project, will reimburse them $4,000 for the spring and the fall should be in the same range. Fehst referred back to the signage at Huset Park comment, stating that this will not be an advertisement sign, but rather a park sign like we have in all other parks in the city. The contributor will only have a small recognition on the bottom. Nawrocki requested he be signed up for the League of Minnesota Cities regional meeting on October 17, without the meal. Peterson indicated that this does not need to be brought up at a Council meeting and can be handled by contacting administration. Nawrocki questioned spending funds on new police badges. We should look to delay or cut this item. Williams offered to use the private activity fund for this purchase. Fehst indicated that the current badges are 15 years old and are in need of replacement. Council and staff discussed PERA retirement /pension funds. Nawrocki referred to the request by a resident to raise chickens in town. The city does not have an ordinance covering chickens, but the resident requests this be considered. Diehm stated that she received call on a rooster crowing and concern of cockfighting. The police responded through our noise ordinance. The resident chose to move the rooster elsewhere. Peterson stated that he visited the chickens and found that other neighbors miss the rooster as it warned of strangers. This is not broke; don't fix it. Nawrocki referred to a letter from Kay Meyer indicating her unhappiness with tax increases. Fehst stated she wants to talk to her as she has received misinformation. Nawrocki stated that he sent her an email indicating what is proposed for this year. She responded stating she will attend a City Council meeting. Diehm indicated there will be a budget session tomorrow and referred to resident comments she has heard whereby residents are concerned about maintaining our community. We need to go to this meeting with an open mind, requiring cooperation from all of us. Nawrocki referred to the Huset Park foreclosure and stated his request was a response from the bond consultant. Nawrocki requested the city discuss helping residents with removing wild animals from their property. Nawrocki requested follow up on the unstable condition of the Root property. Nawrocki stated that the assessment letter sent to residents lacked definition. Hansen stated that the city accepts full or partial payment within the first 30 days after approval. After that it goes to the county to be placed on the taxes and they do not accept partial payments. Nawrocki requested that allowing partial payments after that time be discussed. Peterson stated that if we did that our administrative costs would increase and the six percent interest would not be sufficient. Hoeft stated that we cannot accept partial payment after it is transferred to the Anoka County. The only option is full payment and this practice has been in place for at least 26 years. Peterson suggested he speak to County Commissioner Kordiak. ADMINISTRATIVE REPORTS City Council Minutes Monday, October 11, 2010 Page 10 of 13 Report of the City Manager - none Report of the City Attorney - none CITIZENS FORUM Peterson: Don't take too seriously, remember our service men and women, and do a random act of kindness. ADJOURNMENT Peterson adjourned the meeting at 10:02 p.m. C l ,. ,...0 (V (V h atricia Muscovitz C C y97 Clerk r RESOLUTION 2010 -94 RESOLUTION LEVYING /ADOPTING ASSESSMENT FOR 2010 ZONE 4 SEAL COAT IMPROVEMENTS, PROJECT 1001 Adopting assessment roll according to the City Charter for the following local improvements and determining that said improvements have been made and ratifying and conforming all other proceedings, heretofore had: Special Assessments numbered 2010 -Z4 -01 -001: University Service Drive from 48 Avenue to 53` Avenue, 4th Street from 48 Avenue to 53` Avenue, 5th Street from 48 Avenue to 49 Avenue and from 50 Avenue to 53 Avenue, 6th Street from 48 Avenue to 53 Avenue, 7 Street from 48 Avenue to 52 Avenue, Washington Street from 48 Avenue to 51" Avenue, Madison Street from 48 Avenue to 51' Avenue, 48 Avenue from University Service Drive to Washington Street, 50' Avenue from Washington Street to Jefferson Street, 51" Avenue from University Service Drive to 6' Street and from 7 Street to Washington Street, Sullivan Drive from 7th Street to Washington Street, and 52 Avenue from University Service Drive to 7 Street and adjoining streets or avenues all in Project 1001. WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 6:00 o'clock p.m. on the 4 day of October, 2010, in the City Council Chamber, 590 40 Avenue N.E., Columbia Heights, Minnesota, being the time and place set when and where all persons interested could appear and be heard by the Council with respect to benefits, and to the proportion of the cost of making the local improvements above described, a notice of such hearing having been heretofore duly published as required by law, and a notice mailed to each property owner of record, stating the proposed amount of the assessment; and, WHEREAS, this Council has heretofore estimated and fixed the cost of such local improvements and has prepared an assessment roll therefore, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES: Section 1. That this Council does hereby adopt the aforesaid assessment roll for local improvements known and described as "Seal Coat" numbered 2010 -Z4 -01 -001, a copy of which is attached hereto and made a part hereof. Section 2: That this Council hereby finds and determines that each of the lots and parcels of land enumerated in said assessment roll was and is specially benefited by such improvement in an amount not less than the amount set opposite in the column headed "Actual Assessment Amounts ". And this Council further finds and determines that the proper proportion of the cost of such improvements to be specially assessed against such lot or parcel of land is the amount set opposite the description of each such lot or parcel of land respectively in said assessment roll. Section 3: That said assessments may be paid in part or in full without interest on or before November 10 2010. Any unpaid amount will be certified to Anoka County for collection with the real estate taxes beginning with the taxes payable in the year 2011. The annual principal installments, together with 6% interest accrued on the unpaid balance are due and payable with the real estate taxes for a period of one year or less as designated on the assessment roll. Section 4: That this Council did hereby determine and re- determine to proceed with said improvement, does ratify and confirm all other proceedings heretofore had in regard to this improvement, and said improvement shall hereafter be known and numbered as Local Improvement numbered 2010 -Z4 -01 -001, Project 1001. Section 5: This resolution shall take effect immediately upon its passage. RESOLUTION 2010 -95 RESOLUTION LEVYING /ADOPTING THE ASSESSMENT FOR 2010 ZONE 5 STREET IMPROVEMENTS, PROJECT 1002 City Council Minutes Monday, October 11, 2010 Page 11 of 13 Adopting assessment roll according to the City Charter for the following local improvements and determining that said improvements have been made and ratifying and conforming all other proceedings, heretofore had: Special Assessments numbered 2010 -Z5 -03 -001, and 2010 -Z5 -44 -001: Partial Street Reconstruction on 4th Street from 47 Avenue to 48 Avenue, Washington Street from 46 Avenue to 47 Avenue and 46 Avenue from Jefferson Street to Monroe Street; Mill and Overlay on Monroe Street from 45 Avenue to 46 Avenue, 45 Avenue from University Avenue Service Drive to Monroe Street, and 46 Avenue from Jefferson Street to Monroe Street, and adjoining streets and avenues all in Project 1002 — Zone 5. WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 6:15 o'clock p.m. on the 4 day of October, 2010, in the City Council Chamber, 590 40 Avenue N.E., Columbia Heights, Minnesota, being the time and place set when and where all persons interested could appear and be heard by the Council with respect to benefits, and to the proportion of the cost of making the local improvements above described, a notice of such hearing having been heretofore duly published as required by law, and a notice mailed to each property owner of record, stating the proposed amount of the assessment; and, WHEREAS, this Council has heretofore estimated and fixed the cost of such local improvements and has prepared an assessment roll therefore, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES: ection 1. That this Council does hereby adopt the aforesaid assessment roll for local improvements known and described as "Partial Street Reconstruction" numbered 2010 -Z5 -03 -001 and "Mill and Overlay" numbered 2010- Z5 -44- 001, Project 1002, a copy of which is attached hereto and made a part hereof. Section 2: That this Council hereby finds and determines that each of the lots and parcels of land enumerated in said assessment roll was and is especially benefited by such improvement in an amount not less than the amount set opposite in the column headed "Actual Assessment Amounts ". And this Council further finds and determines that the proper proportion of the cost of such improvements to be specially assessed against such lot or parcel of land is the amount set opposite the description of each such lot or parcel of land respectively in said assessment roll. Section 3: That said assessments may be paid in part or in full without interest on or before November 1 0 th , 2010. Any unpaid amount will be certified to Anoka County for collection with the real estate taxes beginning with the taxes payable in the year 2011. The annual principal installments, together with 6.0% interest accrued on the unpaid balance are due and payable with the real estate taxes for a period of ten years or less as designated on the assessment roll. Section 4: That this Council did hereby determine and re- determine to proceed with said improvement, does ratify and confirm all other proceedings heretofore had in regard to this improvement, and said improvement shall hereafter be known and numbered as Local Improvement numbered 2010 -Z5 -03 -001 and 2010 -Z5 -44 -001, Project 1002. Section 5: This resolution shall take effect immediately upon its passage. RESOLUTION NO. 2010-96 ADOPT AN ASSESSMENT ROLL AND LEVY A SPECIAL ASSESSMENT FOR DELINQUENT ACCOUNTS WHEREAS, one or more services required by city ordinance, including water, sewer, refuse, weedcutting, tree removal, stopbox repair /replacement and abatement of nuisance /hazardous, and numbered as Projects P.I.R. 2010 -MS -30 -001 P.I.R. 2010- MS -30- 004 P.I.R. 2010 -MS -30 -009 P.I.R. 2010 -MS -30 -012 P.I.R. 2010 -MS -30 -002 P.I.R. 2010 -MS -30 -006 P.I.R. 2010 -MS -30 -010 P.I.R. 2010 -MS -30 -013 P.I.R. 2010 -MS -30 -003 P.I.R. 2010 -MS -30 -008 P.I.R. 2010 -MS -30 -011 P.I.R. 2010 -MS -30 -014 have been provided to and benefited the properties listed in the assessment roll below; and, WHEREAS, the charges to said properties for said services are unpaid and delinquent; and, WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 6:30 p.m. on the 4th day of October 2010 in the City Council Chamber 590 40th Avenue N.E. Columbia Heights, Minnesota, being the time and place set when and where all persons interested could appear and be heard by the Council with respect to the benefits and cost of providing the services described below, a notice of such hearing having been heretofore duly published as required by law, and a notice mailed to each property owner of record, stating the proposed amount of the assessment; therefore, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES: Section 1. That this Council does hereby adopt the assessment roll below known and described as "Assessment Roll for 2010 Delinquent Accounts ", numbered as P.1.R. 2010 -MS -30 -001 P.I.R. 2010 -MS -30 -004 P.I.R. 2010 -MS -30 -009 P.I.R. 2010 -MS -30 -012 P.I.R. 2010 -MS- 30 -002 P.I.R. 2010 -MS -30 -006 P.I.R. 2010 -MS -30 -010 P.I.R. 2010 -MS -30 -013 P.I.R. 2010 -MS -30 -003 P.I.R. 2010- MS -30- 008 P.I.R. 2010 -MS -30 -011 P.1.R. 2010-MS-30-014 Section 2. That this Council hereby finds and determines that each of the parcels of land enumerated in the assessment roll was and is especially benefited by the services provided. The Council further finds and determines that the proper cost of these services to be especially assessed against each parcel of land is the amount of unpaid delinquent charges for said services. Section 3. That said assessments may be paid in part or in full without interest on or before November 10th, 2010. Section 4. Payments will be accepted at Columbia Heights City Hall, 590 40th Avenue N.E. Columbia Heights, Minnesota, on or before November 14th, 2010. Any amount unpaid after November 14th, 2010, will be certified to the Anoka County Auditor for City Council Minutes Monday, October 11, 2010 Page 12 of 13 collection with the real estate taxes as a special assessment beginning with the taxes payable in the year 2010. The annual principal installments, together with 6% interest are due and payable with the real estate taxes for a period of one year or less. Section 5. This resolution shall take effect immediately upon passage. RESOLUTION NO. 2010-99 RESOLUTION AMENDING RESOLUTION 2010 -68, ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT CALENDAR YEARS 2011 THROUGH 2020 WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statutes sections 473.25 to 473.255) establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development issues facing the metropolitan area defined by Minnesota Statutes section 473.121; and WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization Account, the Livable Communities Demonstration Account, the Local Housing Incentive Account and the Inclusionary Housing Account, is intended to provide certain funding and other assistance to metropolitan -area municipalities; and WHEREAS, a metropolitan -area municipality is not eligible to receive grants or loans under the Metropolitan Livable Communities Fund or eligible to receive certain polluted sites cleanup funding from the Minnesota Department of Employment and Economic Development unless the municipality is participating in the Local Housing Incentives Account Program under Minnesota Statutes section 473.254; and WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life -cycle housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide; and WHEREAS, previously negotiated affordable and life - cycle housing goals for municipalities participating in the Local Housing Incentives Account Program expire in 2010; and WHEREAS, a metropolitan -area municipality can participate in the Local Housing Incentives Account Program under Minnesota Statutes section 473.254 if: (a) the municipality elects to participate in the Local Housing Incentives Program; (b) the Metropolitan Council and the municipality successfully negotiate new affordable and life -cycle housing goals for the municipality; (c) the Metropolitan Council adopts by resolution the new negotiated affordable and Life -cycle housing goals for the municipality; and (d) the municipality establishes it has spent or will spend or distribute to the Local Housing Incentives Account the required Affordable and Life -Cycle Housing Opportunities Amount (ALHOA) for each year the municipality participates in the Local Housing Incentives Account Program. NOW, THEREFORE, BE IT RESOLVED by the City Council of Columbia Heights follows: 1. Elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act for calendar years 2011 through 2020. 2. Agrees to the following affordable and life -cycle housing goals for calendar years 2011 through 2020: Affordable Housing Goals Range Life -Cycle Housing Goals Range 150 -231 231 -600 3. Will prepare and submit to the Metropolitan Council a plan identifying the actions it plans to take to meet its established housing goals. RESOLUTION NO. 2010-97 RESOLUTION APPROVING A MINOR SUBDIVISION AT 3900 JACKSON STREET NE WITH CERTAIN CONDITIONS FOR THE CITY OF COLUMBIA HEIGHTS WHEREAS, a proposal (Case No. 2010 -1002) has been submitted by Schafer Richardson, Inc. requesting a subdivision from the City of Columbia Heights Subdivision Code at the following site: ADDRESS: 3900 Jackson Street NE EXISTING LEGAL DESCRIPTION: On File at City Hall PROPOSED LEGAL DESCRIPTION: On File at City Hall THE APPLICANT SEEKS APPROVAL OF A MINOR SUBDIVISION. WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed subdivision upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; and has held the required public hearing on this proposal on October 5, 2010. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The proposed subdivision of land will not result in more than three lots. 2. The proposed subdivision of land does not involve the vacation of existing easements. 3. All lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located. 4. The proposed subdivision does not require the dedication of public rights -of -way for the purpose of gaining access to the City Council Minutes Monday, October 11, 2010 Page 13 of 13 property. 5. The property has not previously been divided through the minor subdivision provisions of this article. 6. The proposed subdivision does not hinder the conveyance of land. 7. The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. 8. The proposed subdivision meets all of the design standards specified in the §9.114. FURTHER, BE IT RESOLVED, that the attached condition, plans, maps, and other information shall become part of this subdivision approval. CONDITIONS: 1. All applications materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. 2. The applicant shall pay a park dedication fee in the amount of $15,723.75, due at the time of the recording of the minor subdivision with Anoka County. RESOLUTION NO. 2010-98 RESOLUTION APPROVING A SITE PLAN FOR SHARED PARKING AT 3900 JACKSON STREET NE WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2010 -1002) has been submitted by Schafer Richardson, Inc. to the City Council requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS: 3900 Jackson Street NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for shared parking per Code Section 9.106 (L)(9). WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on October 5, 2010; WHEREAS, the City Council has considered the advice and recommendations of the Planning and Zoning Commission regarding the effect of the proposed site plan upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings: 1. The site plan conforms to all applicable requirements of this article, except signage. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. 3. The site plan is consistent with any applicable area plan. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right -of -way. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. A legally binding instrument for the shared use of off-street parking facilities shall be approved by the City Attorney and filed with the Anoka County Recorder's Office within 60 days after approval of the shared parking use.