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HomeMy WebLinkAbout10/10/2011 Regular CITY OF COLUMBIA HEIGHTS Mayor Gary L. Peterson 590 40 Avenue NE, Columbia Heights, MN 55421 -3878 (763)706 -3600 TDD (763) 706 -3692 Counciimembers Visit our website at: www.cLcoiumbia- heights.mn.us Robert A. Williams Bruce Nawrocki Tammera Diehm Donna Schmitt City Manaser Walter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Monday, October 10, 2011 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the City Clerk at 763 - 706 -3611, to make arrangements. (TDD /706 -3692 for deaf or hearing impaired only) 1. CALL TO ORDER/ROLL CALL /INVOCATION Invocation by Pastor Dan Thompson, Columbia Heights Assembly of God. 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Proclamation 2011 Polish American Heritage Month Proclamation p 5. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A. Approve City Council meeting minutes MOTION: Move to approve the minutes of the September 26, 2011 City Council meeting. P MOTION: Move to approve the minutes of the October 3, 2011 Levy and Assessment Seal Coat Hearing. p20 MOTION: Move to approve the minutes of the October 3, 2011 Levy and Assessment Zone 6 Street Improvement Hearing. p23 MOTION: Move to approve the minutes of the October 3, 2011 Special Assessment Roll and Levy for Delinquent Accounts. p26 B. Minutes of Boards and Commissions MOTION: Move to accept the minutes of the June 8, 2011 Park and Recreation Commission meeting. p29 3 City Council Agenda Monday, October 10, 2011 Page 2 of 4 MOTION: Move to accept the minutes of the September 7, 2011 Library Board meeting. p32 C. Approve Transfer of Funds for Unique Thrift OT Details, Safe and Sober grant reimbursement AHDTF Overtime and DWI Task Force grant reimbursement from General Fund to Police Dept Overtime Line Item # 1020 p34 MOTION: Move to transfer the following from the General Fund to the Police Department 2011 Budget, Overtime Line Item 1020: $1,595.63, the amount of money received from Unique Thrift for overtime details; $1,063.00, the amount of money received from Coon Rapids, the grant administrator for the Safe and Sober program; $2,000, the amount of money received from Anoka County as partial reimbursement for the department's AHDTF Officer; and $1,692.75, the amount of money received from Blaine, the grant administrator for the DWI Task Force. D. First Reading: Ordinance 1602 re: Authorizing the Police Department to Conduct Criminal p39 History Background Investigations MOTION: Move to waive the reading of Ordinance No. 1602, there being ample copies available to the public. MOTION: Move to set the second reading of Ordinance No. 1602 for Monday, October 24, 2011 at approximately 7:00 p.m. in the City Council Chambers. E. Award Demolition of 4133 2nd Street p42 MOTION: Move to approve the demolition contract award for Drobnick's Demolition, in the amount of $9,250 for the property located at 4133 2nd Street as part of the Scattered Site TIF program. F. Adopt Resolution 2011 -106 confirming Tax Forfeited land classifications Motion: Move to waive the reading of Resolution 2011 -106 there being ample copies available p43 to the public. Motion: Move to adopt Resolution 2011 -106 a Resolution approving classification of Non - Conservation property for Anoka County Land sale purposes. G. Adopt Resolution 2011 -108 requesting funds for clean -up grant equity match at 3930 University p46 Avenue MOTION: Move to waive reading of Resolution 2011 -108 there being ample copies available for the public. MOTION: Move to adopt Resolution 2011 -108, requesting funds in the amount $10,000 from the Anoka County HRA levy to finance 25% equity for a DEED investigation clean -up grant for 3930 University Avenue in the City of Columbia Heights. H. Adopt Resolution 2011 -109 authorizing staff to apply for DEED funds 3930 University Avenue. p 48 MOTION: Move to waive the reading of Resolution 2011 -109 there being ample copies available to the public MOTION: Move to adopt Resolution 2011 -109, a Resolution committing local match and authorizing contract signature for application of a contamination investigation and remedial action plan (RAP) grant for the property located at 3930 University Avenue NE, Columbia Heights 4 City Council Agenda Monday, October 10, 2011 Page 3 of 4 I. Award of professional engineering services for the Argonne Sanitary Sewer Lift Station, p50 municipal project #1114 MOTION: Move to award the Argonne Sanitary Sewer Lift Station Improvements, Municipal Project #1114, to the consulting engineering firm of Bolten -Menk of Maplewood, Minnesota, based up their low, qualified, responsible proposal for a cost not -to- exceed $11,800 appropriated from Fund 652 -51114 -3050. J. Approve Business License Applications p58 MOTION: Move to approve the items as listed on the business license agenda for October 10, 2011 as presented. K. Review payment of the bills p60 MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has received the list of claims paid covering check number 140690 through 140842 in the amount of $1,315,738.57. MOTION: Move to approve the Consent Agenda items. 6. PUBLIC HEARINGS A. Adopt Resolution 2011 -107 Cerification of Scattered Site Housing TIF District p68 Motion: Move to waive the reading of Resolution 2011 -107 there being ample copies available to the public. Motion: Move to adopt Resolution 2011 -107, being a Resolution Modifying the Downtown Central Business District (CBD) Revitalization Plan for the CBD Redevelopment project and establishing for City -Wide Scattered Site Housing Tax Increment Financing District therein and adopting a TIF Plan therefor. B. Suspension of Liquor License - Star Bar and Grill LLC p76 MOTION: Move to suspend the liquor license for the Star Bar and Grill LLC, operating at 4005 Central Avenue based on the following: 1) Due to violations of the December 10, 2010 Mitigation Plan, violation of State Law regarding retail purchasing of liquor and violations of the City's liquor ordinance, suspension of the liquor license for seven working days (October 1 lth to October 17th). 2) If the licensee has not satisfied State debt obligations by October 17, 2011, evidenced by removal from the Minnesota Department of Revenue Tax Delinquent Liquor Posting, the license is further suspended from October 18th to a date no longer than December 31, 2011. 3) On or after October 18, 2011, license reinstatement is conditioned on the licensee providing staff with all necessary documentation that all State debt obligations have been satisfied and that any pending investigations have been completed. C. Adopt Resolution 2011 -114 being Resolution for the Approval of a Conditional Use Permit for p84 an LED sign and Resolution 2011 -115 being a Resolution for the Approval of a variance for a sign located at 590 — 40th Avenue NE. MOTION: Move to waive the reading of Resolution 2011 -114, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2011 -114, approving the Conditional Use Permit for an LED sign located at 590 — 40th Avenue NE, subject to the conditions outlined in Resolution No. 2011 -114. 5 City Council Agenda Monday, October 10, 2011 Page 4 of 4 MOTION: Move to waive the reading of Resolution 2011 -115, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2011 -115, approving a variance to allow greater than 60% of a sign to be occupied by an LED, subject to the conditions outlined in Resolution No. 2011 -115. D. 1st Reading of Ordinance 1604, being a Zoning Amendment as it relates to Variances. p96 MOTION: Move to waive the reading of Ordinance No. 1604, there being ample copies available to the public. MOTION: Move to set the second reading of Ordinance No. 1604, for Monday, October 10, 2011, at approximately 7:00 p.m. in the City Council Chambers. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions - none B. Bid Considerations Approval to purchase one colored LED sign for City Hall p101 MOTION: Authorize the purchase of one color LED sign from Hoeft Signs in the amount of $29,500 to replace the letter board sign located at 590 40th Avenue; with funds appropriated from Fund 411- 41940 -5120; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. C. New Business and Reports City Council Health Benefits - Discussion 8. ADMINISTRATIVE REPORTS Report of the City Manager Report of the City Attorney 9. CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall state his /her name and address for the record. 10. ADJOURNMENT .,#- Walter R. Fehst, City M. pager WF /pvm 6 PROCLAMATION * * * * * * * * * * * * * * * ** OCTOBER, 2011 - POLISH AMERICAN HERITAGE MONTH ***************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** WHEREAS, this year marks the 30 Anniversary of the founding of Polish American Heritage Month, an event which began in Philadelphia and became a national celebration of Polish history, culture, and pride. WHEREAS, our Columbia Heights, MN / Lomianki, Poland — Sister Cities, International, organization is celebrating its 20 Anniversary actively promoting global, peaceful, People -to- People relationships, by sponsoring various humanitarian, educational, civic, and social events. WHEREAS, four of our Sister Cities' members visited Lomianki from September 8th through 12` 2011. They are: Patricia Sowada, Phyllis and John Bieniek, and Dolores Strand. Lomianki provided many events and activities to celebrate the 20 Anniversary of our Sister Cities' friendship. Guests from Lomianki's French Sister City, Noyelle les Vermelles, were included in all festivities to celebrate their 20` Anniversary, also. WHEREAS, the City of Lomianki hosted a special City Council meeting, receptions, dinners, bike rally, visits to the Palmiry Museum and Cemetery, picnics, and other public events. The Highlight of the weekend was the re- enactment of the historic Battle of the Bzura that was fought in Lomianki in September, 1939. This enormous undertaking involved hundreds of participants including 80 mounted cavalry soldiers, soldiers, tanks, vintage aircraft, and civilian refugees. WHEREAS, Lomianki's traditional commemorative ceremony at their Kampinos Cemetery paid special respect and recognition to the U.S. Air Force Crew of the B -17, "I'll Be Seeing You ", by announcing the individual names of the heroic Flyers, which included Walter Shimshock, born in NE Minneapolis. WHEREAS, this is the 100 Anniversary of Marie Sklodowska Curie receiving the Nobel Prize in Chemistry, and the 232 Anniversary of the death of General Casimir Pulaski, Father of the American Cavalry. WHEREAS, Our Sister Cities' members have approved a 20 Anniversary Legacy Project to have the book, "Frantic 7 ", by Jerzy Szczesniak of Warsaw translated from Polish to English for future publication in the United States. This is a documentary that covers the ill -fated flight of "I'll Be Seeing You" that flew in a mission of over 100 B -17's attempting to drop supplies to the Poles during the Warsaw Uprising. NOW, THEREFORE, BE IT PROCLAIMED, that I, Gary L. Peterson, Mayor of the City of Columbia Heights, Minnesota, do hereby designate October, 2011, as: POLISH AMERICAN HERITAGE MONTH in Columbia Heights, Minnesota. Mayor Gary L. Peterson 7 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY, SEPTEMBER 26, 2011 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, September 26, 2011 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL /INVOCATION Invocation by Pastor David Mwihia, Church of All Nations. Present: Mayor Peterson, Council member Williams, Council member Nawrocki, Council member Diehm, and Council member Schmitt PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA Peterson removed Resolutions 2011 -101, 2011 -103, and 2011 -104 in that the properties have been brought into compliance. Nawrocki requested to speak on the budget, the newsletter, and the manager's evaluation. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS none CONSENT AGENDA City Manager Walt Fehst took the Council members through the Consent Agenda items. Nawrocki requested to remove items E, F, G, and J for discussion. A. Approve minutes of the September 12, 2011 City Council meeting Motion to approve the minutes of the September 12, 2011 City Council meeting. B. Minutes of Boards and Commissions Motion to accept the minutes of the August 3, 2011 Library Board meeting. C. Approve Gambling Permit, Immaculate Conception Church event; November 12, 2011 Motion 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 12, 2011 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. D. Approve transfers of grant reimbursements from the General Fund to the Fire Department budget. Motion to transfer $8,000.00, the amount received from the Minnesota Board of Firefighter Training and Education, from the General Fund to the Fire Department 2011 budget training line item. Motion to transfer $1,773.80, the amount received from Anoka County, from the General Fund to the Fire Department 2011 budget repair and maintenance services line item. 8 City Council Minutes Monday, September 26, 2011 Page 2 of 12 E. Adopt Resolution 2011 -96, being a Resolution regarding the Labor Agreement between the City and Law Enforcement Labor Services, Local 311 - removed F. Adopt Resolution 2011 -097 being a resolution establishing amount of city share and amount of special assessments on projects to be levied. — removed G. Authorize submittal of conditional use application for LED Signage for City Hall - removed H. Approval of attached list of rental housing applications. Motion to approve the items listed for rental housing license applications for September 26, 2011 in that they have met the requirements of the Property Maintenance Code. I. Approve Business License Applications Motion to approve the items as listed on the business license agenda for September 26, 2011 as presented. J. Review payment of the bills. - removed Motion by Williams, second by Schmitt, to approve the Consent Agenda items, with the exception of items E, F, G, and J. Upon vote: All ayes. Motion carried. E. Adopt Resolution 2011 -96, being a Resolution regarding the Labor Agreement between the City and Law Enforcement Labor Services, Local 311 Linda Magee, Assistant to the City Manager /Human Resources Director, stated that this reflects the same increase, given to the other unions, in wages: 0% increase for 2011 and 1% for 2012 and the same increase to insurance of $30 in 2011 and $30 for 2012. Longevity is exclusive to police and was adjusted by the same percentage as were wages and job assignments. Police officers deferred compensation moved to $425 on a matching basis (to now be in line with union non - exempt employees. Sick leave severance pay was the same as other groups, as was vacation accrual allowing accumulation up to one and one -half times their annual vacation. Court time, which is exclusive to police officers, increased from a two hour minimum to a three hour minimum at time and one -half. This is in line with other cities. Motion by Nawrocki, second by Schmitt, to waive the reading of Resolution 2011 -96, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Schmitt, to adopt Resolution 2011 -96, regarding the labor agreement between the City of Columbia Heights and Law Enforcement Labor Services, Local 311, for calendar years 2011 and 2012. Upon vote: All ayes. Motion carried. F. Adopt Resolution 2011 -097 being a resolution establishing amount of city share and amount of special assessments on projects to be levied. Nawrocki asked if the amount to be assessed is per foot or lot. Hansen stated the charge is on a per unit basis. It is a six percent decrease from the rates presented at the improvement hearing. The exact numbers will be available at the hearing next Monday. The full street reconstruction is approximately $2,900 and seal coating is $299. Hansen stated that the resolution contains two parts, one is the part that is assessed, and the other is the city portion. Motion by Diehm, second by Schmitt, to waive the reading of Resolution 2011 -097, there being ample copies available to the public. Upon vote: All ayes. Motion carried. 9 City Council Minutes Monday, September 26, 2011 Page 3 of 12 Motion by Diehm, second by Schmitt, to adopt Resolution 2011 -097, being a resolution establishing the amount of City share and special assessments on projects to be levied. Upon vote: All ayes. Motion carried. G. Authorize submittal of conditional use application for LED Signage for City Hall Nawrocki stated he is opposed to this at a time when people are hurting in the community. We need to cut back when we can. Schmitt asked what fund this would come from. Fehst stated from the capital improvement fund. Schmitt stated she is opposed to this on principle. Several businesses have asked for a sign on a pylon and we have denied them. Now we would upgrade to the same thing we have denied. Fehst stated that LED signs are allowed for institutions and schools districts, and the design guidelines are for Central Avenue businesses. Hansen stated that the City Planner has indicated that this is allowed by ordinance. Fehst stated that we could lower the pillars. The concern was a proliferation of signs on Central Avenue. This may not be good, as people are afraid to change signs because they would have to go smaller. This request is not under those guidelines. Diehm asked if Schmitt preferred the monument sign. Schmitt stated yes. Diehm asked why staff is recommending this. Hansen stated primarily the cost, $100,000 for the monument sign versus a larger sign, from 4x6 to 4x9, on the existing pylons for $30,000. Schmitt referred to the NE Bank sign removal. Diehm gave the history of the ordinance changes and indicated they could now have a sign that changes every ten seconds. Diehm stated she was the lone dissenter on the time change, but it went forward. She indicated other municipal buildings that have LED signs. Diehm stated that she is in favor of a monument sign, but to be cost conscious she would agree to this sign. Schmitt questioned lowering the sign. Fehst indicated concerns about positioning the sign for the best view. Hansen stated that it could be lowered, but adjacent parking would need to be considered. Nawrocki asked if this would be bigger than allowed. Hansen stated it would be 36 square feet and the ordinance allows 50 square feet. Fehst stated it would be smaller than the existing sign. Nawrocki referred to past requests from NE State Bank and the Credit Union, which were turned down. Fehst stated that they may have wanted a scrolling sign. Peterson stated they have a sign controlled from inside their building. Peterson stated that the industry has changed. We want to keep people informed. We began to look at this because when there is ice and it is slippery, an employee climbs a ladder to change the letters. If there is a slip and fall, we would have more expense than the cost of a sign and we could change a LED sign more often. We looked into this for safety. We have talked about the Planning and Zoning Commission re- addressing the sign ordinance. Motion by Diehm, second by Williams, to authorize staff to prepare and submit a conditional use application to the Planning & Zoning Commission for the installation of LED signage to replace the letter board sign located at 590 40th Avenue. Upon vote: Schmitt, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes — 1 nay. Motion carried. J. Review payment of the bills. Motion by Nawrocki the approval of the bills with the exception of A & C small engines. Nawrocki stated that Council member Williams is associated with this firm. Peterson indicated that this has been addressed before and Williams is not required to abstain from that vote. 10 City Council Minutes Monday, September 26, 2011 Page 4 of 12 Peterson called for a second to the motion. Motion dies for lack of a second. Motion by Diehm, second by Williams, that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has received the list of claims paid covering check number 140515 through 140689 in the amount of $1,073,197.68. Upon vote: All ayes. Motion carried. PUBLIC HEARINGS A. Adopt Resolution 2011 -105, 4001 University Avenue NE, being a declaration of nuisance and abatement of violations within the City of Columbia Heights. Fire Chief Gary Gorman stated this is for repairs to the parking lot. We are working with the owners at this time. Motion by Nawrocki, second by Williams, to close the public hearing and to waive the reading of Resolution Number 2011 -105 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Schmitt, to adopt Resolution Number 2011 -105 being a resolution of the City Council of the City of Columbia Heights declaring the property listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. B. Adopt Resolutions 2011 -100, 4116 Reservoir Blvd. N.E., 2011 -101, 4124 5th Street N.E., 2011- 102, 3806 Gauvitte Street N.E., 2011 -103, 4420 -22 Monroe Street N.E., and 2011 -104, 4630 Taylor Street N.E., being Resolutions of the City Council of the City of Columbia Heights approving rental license revocation for failure to meet the requirements of the Property Maintenance Codes. Gorman stated that 4116 Reservoir is a license revocation due to failure to schedule a re- inspection. 3006 Gauvitte is a license revocation due to failure to schedule an inspection, submit the license application, and pay the fees. Motion by Diehm, second by Williams, to close the public hearing and to waive the reading of Resolution Numbers 2011 -100 and 102 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Schmitt, to adopt Resolution Numbers 2011 -100 and 102, being Resolutions of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental licenses listed. Upon vote: All ayes. Motion carried. C. Second Reading of Ordinance No. 1603, an Ordinance Pertaining to Chapter 6, Section 56, Purchases and Contracts. Motion by Diehm second by Williams, to waive the reading of Ordinance No. 1603, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Schmitt, to adopt Ordinance No. 1603, being an Ordinance amending Chapter 6, Section 56, of the Charter of the City of Columbia Heights. Nawrocki stated that originally he indicated he would vote against this. There should be some kind of control on expenditures. He indicated his concern regarding expenditures for the same company that is broken up into several parts to avoid exceeding the $15,000 manager's approval limit. There should be some type of control. Diehm indicated that would be included in the 11 City Council Minutes Monday, September 26, 2011 Page 5 of 12 authorization resolution and requested a copy for the Council to review and consider including an annual aggregate amount. This does not impact the request of the Charter Commission. Jim Hoeft, City Attorney, indicated that the Council sets the initial amount and is the body approving the subsequent purchases. If the body feels there is intent to violate the spending authority, you can address that. This issue is a housekeeping matter, but left to your discretion. Nawrocki stated that each new council should revisit the spending limit. He indicated that some items have been removed from the Charter, such as requirements for the first meeting of the year. Fehst indicated that most charter cities have set the spending limit at $25,000, but he requested it only be set at $15,000. Upon vote: All ayes. Motion carried. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions - none B. Bid Considerations 1. Adopt Resolution No. 2011 -098, being a resolution accepting bids and awarding a contract for MSC garage floor repairs and coating Hansen gave the background on Council approval to obtain an assessment of the floor. The consulting engineer estimate was $152,000. Five bids were given out and five were returned. There was a difference in the two low bids of $88. One issue is that staff budgeted $70,000 for this in 2010. At that time we used the estimate from 2006 and had not done major repairs since 1988. We did not budget enough to cover this work. The bids came in close to the engineer's estimate, but to award the contract we need to amend our budget up to $155,000 to cover the work. It is concrete repair, rebar repair on the top and bottom surface, and a new traffic coating, which includes removal of the current surface and application of four layers of a new epoxy surface to eliminate salt penetration. Nawrocki stated he thought this was to be under $100,000. Hansen stated the hope was for that amount, but did not turn out to be so. This is maintenance to continue the life of the floor. Fehst stated that the loads were not adhered to because we were not made aware of them initially. Nawrocki stated that when it was built we did not have the heavy vehicles we have today. Diehm questioned how often a budget increase like this happens. Fehst stated that we generally stay within the budget. We could put this off and add more funds next year, but there are funds in the general government fund. Schmitt asked the time length of the project and if we could do half of the project this year and the other half next year. Hansen stated it would take about six weeks and was not bid in halves. Our intent, because of the season and the need for the epoxy to cure, is to have this done in October. Motion by Diehm, second by Schmitt, to amend the 2011 Public Works budget by $85,000 from Fund 411 - General Government building for a total 2011 budget of $155,000 for MSC floor repairs and traffic coating. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Schmitt, to waive the reading of Resolution 2011 -098, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Schmitt, to adopt Resolution 2011 -098 being a resolution accepting bids and awarding the 2011 MSC Garage Floor Repairs and Coating, City Project No. 1108, to SPS Infrastructure, Inc. of St. Paul, Minnesota based upon their low, qualified, responsible bid in the amount of $154,212.00 with funds to be appropriated from Fund 701- 12 City Council Minutes Monday, September 26, 2011 Page 6 of 12 51108 -5185; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. Upon vote: All ayes. Motion carried. 2. Bids for 2011 Hart Boulevard trail and alley improvement projects Hansen stated that Council authorized staff to look at pricing. In this case, the bids came in high and we recommend packaging this with a future project. Schmitt questioned League of Minnesota Cities grants for trails. Hansen stated that we have applied for trail grants through the DNR, but the grants go to trails with regional significance. Nawrocki questioned why the bids were so far off the estimates. Hansen stated that we only received two bids and it may be due to the time of year. Nawrocki referred to the time it takes to prepare bids. Motion by Schmitt, second by Williams, to reject bids for the 2011 Street and Alley Improvements, City Project Numbers 1110 - Hart Boulevard Trail, 1111 - Alley Construction, Jackson to Van Buren Streets, north of 40th Avenue, 1112 - Alley Construction, 4th to 5th Streets, south of 43rd Avenue, and 1113 - Miscellaneous Sto„n Sewer Project, and to rebid the work in 2012. Upon vote: All ayes. Motion carried. C. New Business and Reports - none ADMINISTRATIVE REPORTS Report of the City Manager Fehst stated that the city survey is now on line and a notice explaining it will be sent out with the water bills. There are ten questions, which are limited by the League of Minnesota Cities (LMC), but there is an area for additional comments. We will take responses until December 10. Diehm questioned when the new website will be available. Fehst indicated it may be ready by the end of October. Hansen stated that web site training will be held the first week in October. Peterson indicated that Council members received the detailed budget worksheets at this meeting. The Finance Director requests these be studied and indicates they will be discussed next Monday night. Fehst stated that all departments will be represented. Nawrocki indicated budget levy amounts for area communities as listed in the Anoka County newspaper. Fehst indicated that most of these communities are adding back to make up for the Market Value reduction by the State. Nawrocki again requested that the budget process take into account the financial situation our citizens are in. Peterson stated that the survey now available is very timely. We are in a five year plan to remove dependence on Local Government Aid (LGA). When he began, 45 percent of the budget was LGA and fiscal disparities. That is disappearing. The State Legislature has now eliminated the market value homestead credit. We were to receive $500,000 to $600,000, but we received about $200,000. When the State would have helped us build here, we did not. Now we are paying for projects ourselves. We are not taxing back for the loss of the market value homestead credit. Schmitt suggested placing an article on our web site describing market value credit. Fehst stated that the Finance Director is preparing a presentation on this for Monday's budget work session. Fehst explained how we will not be impacted. Nawrocki gave the history of things completed over the years. To say things were not done is a misstatement. He stated concern about the impact of the levy. Fehst responded by listing the reduction in personnel since he began working in Columbia Heights. Diehm read an article from the green sheet regarding police statistics from the State. We are 13 City Council Minutes Monday, September 26, 2011 Page 7 of 12 supportive of our police department and we are trying to provide a community where people want to live and where property values are protected. With all of the pressure to watch the budget, we also need to be cognizant to protect our property values. Nawrocki stated that one out of eight homes have gone through tax forfeiture. Nawrocki questioned when he would see the newsletter draft. He stated concern about the budget article. Report of the City Attorney — nothing to report. CITIZENS FORUM Peterson reported on his fundraising adventure for the Lee Carlson Mental Wellness Center, by spending the night on the Top Valu Liquor Store roof. State Senator Barb Goodwin also participated. He thanked the Fire Department and Assistant Chief Larkin for their help. It was a success. Schmitt stated his granddaughter sang the National Anthem beautifully. Peterson stated: "Don't forget our service men and women; keep them in your thoughts and prayers. We attended the 65 anniversary of the Falldin Post celebration. They are a good organization. Don't take ourselves too seriously and do a random act of kindness." ADJOURNMENT Mayor Peterson adjourned the meeting at 8:07 p.m. Patricia Muscovitz CMC City Clerk RESOLUTION 2011 -96 REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND LAW ENFORCEMENT LABOR SERVICES, LOCAL 311, POLICE OFFICERS WHEREAS, negotiations have proceeded between Law Enforcement Labor Services, Local 311, representing Police Officers of the City, and members of the City negotiating team, and said negotiations have resulted in a mutually acceptable contract for calendar years 2011 and 2012. WHEREAS, changes to the current contract are attached, and a copy of the 2011 -2012 contract is available for inspection at the Office of the City Manager and is made a part hereof by reference; NOW, THEREFORE, BE IT RESOLVED that the contract agreement as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 2011 and 2012 for Law Enforcement Labor Services, Local 311, Police Officers, bargaining unit employees of the City; and BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this agreement. August 26, 2011 CITY OF COLUMBIA HEIGHTS PROPOSAL TO LAW ENFORCEMENT LABOR SERVICES, INC. (LOCAL NO. 311) POLICE OFFICERS AS A RESULT OF MEDIATION 1. ARTICLE XIV COURT TIME An employee who is required to appear in Court during his /her scheduled off -duty time shall receive time and one -half (11/4) for all hours spent making the Court appearance with a minimum of two (2) hours pay at one and one -half times (11/4) the employee's base pay rate. An extension or early report to a regularly scheduled shift for Court appearance does not qualify the employee for the two (2) hour minimum. 14 City Council Minutes Monday, September 26, 2011 Page 8 of 12 Effective January 1, 2012, an employee who is required to appear in Court during his /her scheduled off -duty time shall receive time and one -half (11/4) for all hours spent making the Court appearance with a minimum of three (3) hours pay at one and one -half times (11/4) the employee's base pay rate. An extension or early report to a regularly scheduled shift for Court appearance does not qualify the employee for the three (3) hour minimum. For Anoka County Attorney's Office cases, when a Police Officer is off duty and has been notified that his or her testimony may be necessary, the Police Officer shall receive two hours of standby compensation at straight time (to be paid or taken as compensatory time at the Officer's election) for each day that he or she is to continue calling for instructions. 2. ARTICLE XVII INSURANCE 17.1 The EMPLOYER will contribute up to a maximum of seven hundred and seventy -five ($775) dollars per month per (permanent and probationary full -time) employee for group health and group dental, including dependent coverage, life and long term disability insurance for calendar year 2011. 17.2 The EMPLOYER will contribute up to a maximum of eight hundred and five ($805) dollars per month per (permanent and probationary full -time) employee for group health and group dental, including dependent coverage, life and long term disability insurance for calendar year 2012. 17.3 Employees not choosing dependent coverage cannot be covered at EMPLOYER expense for any additional insurance than the individual group health, group life, and group dental insurance. Additional life insurance can be purchased by employees at the employee's expense to the extent allowed under the EMPLOYER'S group policy. 3. ARTICLE XXI LONGEVITY Employees with continuous employment shall receive a supplementary pay in the amount set forth below: 2011 2012 After four (4) years of continuous employment $ 93.92/mo. $ 94.86/mo. After eight (8) years of continuous employment $156.55/mo. $158.12/mo. After twelve (12) years of continuous employment $219.16/mo. $221.35/mo. After sixteen (16) years of continuous employment $281.78/mo. $284.60/mo. 4. ARTICLE XXIII SICK LEAVE 23.4 Any employee leaving the municipal service in good standing after giving proper notice of such termination of employment shall receive severance payment based on their most recent salary level for earned and unused sick leave based on the following schedule: During employment year 1 -5: 20% During employment year 6 -10: 33% During employment year 11 -19: 40% During employment years 20 +: 50% All such sick leave severance pay will be placed into the employee's Post Employment Health Care Savings Plan on a mandatory basis, in accordance with IRS regulations. 5. ARTICLE XXV VACATION 25.4 Vacation leave may not be accumulated to any amount greater than one and one -half times an employee's annual earned vacation. 6. ARTICLE XXVIII DURATION This AGREEMENT shall be effective as of January 1, 2011, except as herein noted, and shall remain in full force and effect until the thirty -first day of December, 2012. 7. APPENDIX A 1. WAGE RATES a. Effective January 1, 2011 After 36 months of continuous employment $5593.00 per month Top Patrol Rate Start 65% of Top Patrol Rate After 6 Months 70% of Top Patrol Rate After 1 Year 80% of Top Patrol Rate After 2 Years 90% of Top Patrol Rate After 3 Years Top Patrol Rate b. Effective January 1, 2012 After 36 months of continuous employment $5,649.00 per month Top Patrol Rate Start 65% of Top Patrol Rate After 6 Months 70% of Top Patrol Rate After 1 Year 80% of Top Patrol Rate After 2 Years 90% of Top Patrol Rate After 3 Years Top Patrol Rate 15 City Council Minutes Monday, September 26, 2011 Page 9 of 12 c. Based on previous experience and training, and at the sole discretion of the EMPLOYER, newly hired employees may be started at up to the three year rate of pay. d. As a form of additional compensation, the City will contribute $1 per permanent and probationary full - time employee toward a city- sponsored deferred compensation program for every $1 contributed by such employee toward such city - sponsored deferred compensation program. Such employer contribution will not exceed $425 for calendar year 2011 and $425 for calendar year 2012. 2. a. Employees classified or assigned full time by the EMPLOYER at its sole discretion to the following job positions, will receive per month the amounts set forth below opposite the assignment or such amount pro- rated for less than a full month in addition to their regular wage rate: 2011 2012 Investigator (Detective) $152 $154 School Liaison Officer $152 $154 Drug Task Force Officer $152 $154 Corporal $152 $154 b. Employees assigned as Field Training Officers shall receive .20 hour of compensatory time for each hour of their shift spent performing Field Training Officer duties. RESOLUTION NO. 2011-097 BEING A RESOLUTION ESTABLISHING AMOUNT OF CITY SHARE AND AMOUNT OF SPECIAL ASSESSMENTS ON PROJECTS TO BE LEVIED WHEREAS, the City Council of the City of Columbia Heights by motion on the 8th day of August, 2011, ordered a special assessment hearing to levy the cost of improvements and; WHEREAS, the following projects will be specially assessed in October, 2011, and a portion of the costs may be borne by the City, NOW THEREFORE BE IT RESOLVED pursuant to Minnesota Statutes 429.061, and City Code 4.103, that the breakdown is as follows: PROJECT ESTIMATED ASSESSED ESTIMATED CITY PORTION PORTION TOTAL 2011 Street Rehabilitation Project 1102 $303,370. $372,885. $676,255. 2011 Street Rehabilitation Project 1102 $362,470. $362,470. General, Capital, State Aid and Utility Funds Zone 5 Street Seal Coat, Project 1101 $ 13,040. $130,395. $143,435. RESOLUTION 2011 -105 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Bonnie Eason (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 4001 University Avenue NE, Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on August 8, 2011. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on May 24, 2011 an inspection was conducted on the property listed above. Inspectors found violations. A compliance order was sent via regular mail to the owner at the address. 2. That on August 8, 2011 inspectors reinspected the property listed above. Inspectors noted that violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on September 15, 2011 inspectors reinspected the property and found that violations remained uncorrected. 16 City Council Minutes Monday, September 26, 2011 Page 10 of 12 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall repair the parking lot that is deteriorated and falling apart 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4001 University Avenue NE is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4001 University Avenue NE constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2011 -100 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Duncan McClellan (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 4116 Reservoir Blvd. N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on August 31, 2011 of an public hearing to be held on September 26, 2011. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about July 20, 2011, inspection office staff sent a letter requesting the owner of the property complete the rental licensing process by scheduling an inspection with the Building Official. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on August 31, 2011 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to -wit: Failure to schedule an rental license reinspection 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F10734 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. RESOLUTION 2011 -102 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Wells Fargo Bank N. A. (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 3806 Gauvitte Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on August 12, 2011 of an public hearing to be held on September 26, 2011. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: 17 City Council Minutes Monday, September 26, 2011 Page 11 of 12 FINDINGS OF FACT 1. That on or about July 28, 2011 inspection office staff sent a letter requesting the owner of the property to submit a rental license application and schedule a rental inspection for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on August 12, 2011 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to -wit: Failure to schedule a rental property inspection and failure to submit an application and fees. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number U3806 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. ORDINANCE NO. 1603 BEING AN ORDINANCE AMENDING CHAPTER 6, SECTION 56 OF THE CITY CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO PURCHASES AND CONTRACTS The City of Columbia Heights does ordain: Section 1: Chapter 6, Section 56 of the Charter of the City of Columbia Heights which currently reads as follows, to wit: PURCHASES AND CONTRACTS. The city manager shall be chief purchasing agent of the City. All purchases and contracts on behalf of the City shall be made by the City Manager, but subject to the approval of the City Council whenever the amounts of such purchases or contracts exceeds $3,000. Said amount may be amended by a simple majority of the Council by resolution. All contracts for the conveyance of any real estate by the city shall be signed by the Mayor and the City Manager on behalf of the City and shall be executed in the name of the city. IS HEREWITH AMENDED TO READ AS FOLLOWS: PURCHASES AND CONTRACTS. The city manager shall be chief purchasing agent of the City. All purchases and contracts on behalf of the City shall be made by the City Manager, but subject to the approval of the City Council whenever the amounts of such purchases or contracts exceeds the current amount set by the council. Said amount may be amended by a simple majority of the Council by resolution. All contracts for the conveyance of any real estate by the city shall be signed by the Mayor and the City Manager on behalf of the City and shall be executed in the name of the city. Section 2: This Ordinance shall be in full force and effect from and after ninety (90) days after its passage. RESOLUTION 2011 -098 RESOLUTION ACCEPTING BIDS AND AWARDING THE CONTRACT FOR 2011 MSC MAINTENANCE GARAGE FLOOR STRUCTURAL CONCRETE REPAIRS AND WATERPROOF COATING PROJECT, TO SPS INFRASTRUCTURE, INC. WHEREAS, pursuant to an advertisement for bids for City Project No. 1108, MSC Garage Floor Repairs and Coating Project, bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Bidder Base Bid SPS Infrastructure, Inc. $154,212 Cy -Con, Inc. $154,300 Restoration Systems, Inc. $162,980 Western Waterproofing Co. $178,790 TMI Coatings $191,200 WHEREAS, it appears that SPS Infrastructure, Inc. of St Paul, Minnesota is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: The Mayor and City Manager are hereby authorized and directed to enter into a contract with SPS Infrastructure, Inc. in the name of the City of Columbia Heights, for the 2011 Municipal Service Center Maintenance Garage Floor Structural Concrete Repairs and Waterproof Coating Project, 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. City Project No. 1108 shall be funded from the General Government Building fund. 18 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS SPECIAL ASSESSMENT LEVY HEARING MONDAY, OCTOBER 3, 2011 6:00 P.M. Roll Call /Pledge of Allegiance Present: Mayor Peterson, Council member Williams, Council member Nawrocki, Council member Schmitt Tardy: Council member Diehm, Resolution No. 2011 -110, being a Resolution Levying and Adopting the Assessment for 2011 Zone 5 Seal Coat Improvements, Project 1101 a. Presentation by City Staff providing background information on the above mentioned improvement projects. Kevin Hansen, Public Works Director, stated this is for the 2011 seal coating program. This adopts the assessment role and rates and looks at setting the interest rate for the term of the project. Seal coating is a one year assessment. The construction costs were one percent over the estimate. The street rate is $297 per unit and avenue is $99. The work is complete and the streets have been swept twice. City crews will do the third sweep. He stated that the interest rate reflects our bonding rate, which was completed in 2009 and was at 4.5 percent. Based on our three year cycle, we would look to bond again in 2012. The assessment was noticed at 6.5 percent. It could be reduced, recommended at one to one and one -half above the bonded rate to cover administrative costs. b. Questions /Comments from City Council and the Public. Peterson stated he would be in favor of decreasing the rate. Nawrocki stated it should be dropped to four percent. Schmitt questioned street and avenue costs and what a corner home is assessed. Hansen stated it would depend on where the house fronts the street. Kathy Young, Assistant Public Engineer, explained the street and avenue determination. Schmitt recommended a five percent interest rate. This would be a significant drop from the six percent of prior years. Motion by Williams, second by Schmitt, to include a five percent interest rate in the seal coat assessment. Motion to amend by Nawrocki, move to amend to four percent. Williams asked what interest rate we pay for the bond. Hansen stated it was 4.5 percent. We would wish to be 1.5 or 2 percent over the bonding rate. Peterson stated the policy to include administrative costs goes back over 30 to 40 years. Peterson called for a second to the motion amendment. Motion died for lack of a motion. Motion to amend by Nawrocki to charge 3.5 percent interest. Peterson called for a second to the motion amendment. Motion died for lack of a motion. Schmitt stated in 2007 to 2010 the interest charged was 6 percent. Paul Ike, trustee at Christ Life Church on University Drive, stated their road was just overlaid three years ago. He called the city and county and found that is typical. The church is being assessed as a 20 Special Assessment Hearing Seal Coat — 6:00 P.M. Page 2 business rather than residential. He questioned why a non - profit organization has to pay a business rate. Hansen stated the property is 4.3 times the size of a residential lot. These properties do generate additional traffic on the street and that generates the demand for maintenance and restoration. This has been in effect since the beginning of this street program. Hansen stated the difference in footage between this property and residential. Williams stated that churches do not pay property taxes. Fehst gave the history of charging on a unit basis. Nawrocki asked if they were charged for the construction of University Drive. Fehst stated there was no cost to them to redo University Drive. Nawrocki asked if the first seal coat is free after a reconstruction. Hansen stated yes, but that was a project, not a reconstruction. Diehm arrived. Mary McNaughten, 4633 4 Street, stated that she was laid off in the past and this is a hardship to her and others on her block. She indicated that even a year without interest would be nice. c. Motions: Motion by Williams, second by Schmitt, to close the Public Hearing and waive the reading of Resolution 2011 -110, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Schmitt, to adopt Resolution 2011 -110, being a resolution levying and adopting the assessment for 2011 Zone 5 Seal Coat Improvements, Project 1101 at five percent interest. Upon vote: All ayes. Motion carried. Adjourn Mayor Peterson adjourned the meeting at 6:27 p.m. Patty Muscovitz, CMC City Clerk RESOLUTION 2011 -110 RESOLUTION LEVYING AND ADOPTING THE ASSESSMENT FOR 2011 ZONE 5 SEAL COAT IMPROVEMENTS, PROJECT 1101 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 2011 -Z5 -01 -001: University Service Drive from 45 Avenue to 48 Avenue, 4 Street from 44 Avenue to 47 Avenue, 5 Street from 44 Avenue to 48 Avenue, 6 Street from 47 Avenue to 48 Avenue, 7 Street from 44 Avenue to 47 Avenue, Washington Street from 44 Avenue to 46 Avenue, Madison Street from 44 Avenue to CDS north of 45 Avenue, 46 Avenue from 7 Street to Jefferson Street, 46'/2 Avenue from Jefferson Street to Monroe Street, 47 Avenue from University Service Drive to Jefferson Street and adjoining streets or avenues all in Project 1101. WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 6:00 o'clock p.m. on the 3` day of October, 2011, 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 21 Special Assessment Hearing Seal Coat — 6:00 P.M. Page 3 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 2011 -Z5 -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 2 2011. Any unpaid amount will be certified to Anoka County for collection with the real estate taxes beginning with the taxes payable in the year 2012. The annual principal installments, together with 5% 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 2011 -Z5 -01 -001, Project 1101. Section 5: This resolution shall take effect immediately upon its passage. 22 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS SPECIAL ASSESSMENT LEVY HEARING MONDAY, OCTOBER 3, 2011 6:15 P.M. Roll Call /Pledge of Allegiance Present: Mayor Peterson, Council member Williams Council member Nawrocki, Council member Diehm, Council member Schmitt Resolution 2011 -111, being a Resolution Levying and Adopting the Assessment for 2011 Zone 6 Street Improvements, Project 1102 a. Presentation by City Staff providing background information on the above mentioned improvement project. Kevin Hansen, Public Works Director, stated this is for the Zone 6 street rehabilitation project. He listed the streets included. The work is finished. We ran into soil conditions on 6 Street and appreciate the public's patience. The assessment rates represent a 6 percent rate noticed at the improvement hearing of a $2,678 street rate and $968 avenue rate. The actual cost was $1,050 and $516. We did encounter lead service lines, whereby 16 properties had to have their service lines replaced. Those costs were $1,280 each. There were others that only needed partial replacements. There is a 15 year assessment term for reconstruction and 10 year assessment for mill and overlay. Motion by Nawrocki to reduce the interest rate to four percent. Peterson called for a second. Motion died for lack of a second. Motion by Schmitt, second by Williams, to reduce the interest rate to five percent for the 2011 Zone 6 Street Improvements. Upon vote: All ayes. Motion carried. b.Questions /Comments from City Council and the Public. c. Motions: Motion by Diehm, second by Schmitt, to close the Public Hearing and waive the reading of Resolution 2011 -111, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Schmitt, to adopt Resolution 2011 -111, being a resolution levying and adopting the assessment, for 2011 Zone 6 Street Improvements Project 1102. Upon vote: All ayes. Motion carried. Resolution 2011 -112, being a Resolution to Certify Petition and Waiver Assessments a. Motions: Motion by Diehm, second by Schmitt, to waive the reading of Resolution 2011 -112, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Schmitt, to adopt Resolution 2011 -112, being a resolution to certify 2011 petition and waiver assessments to Anoka County for collection with real estate taxes. Upon vote: All ayes. Motion carried. Diehm stated the point of order that the approved interest rate was five percent. Adjourn Mayor Peterson adjourned the meeting at 6:34 p.m. 23 Special Assessment Levy Hearing 6:15 p.m. Page 2 Patty Muscovitz, CMC City Clerk RESOLUTION 2011 -111 RESOLUTION LEVYING AND ADOPTING THE ASSESSMENT FOR 2011 ZONE 6 STREET IMPROVEMENTS, PROJECT 1102 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 2011 -Z6 -02 -001, and 2011 -Z6 -44 -001: Full Street Reconstruction on 6` Street from 40' Avenue to 44 Avenue; Mill and Overlay on 4 Street from 42 1 ' d Avenue to 44 Avenue, and adjoining streets and avenues all in Project 1102 — Zone 6. WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 6:15 o'clock p.m. on the 3` day of October, 2011, 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 "Full Street Reconstruction" numbered 2011 -Z6 -02 -001 and "Mill and Overlay" numbered 2011 -Z6 -44 -001, Project 1102, 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 2" 2011. Any unpaid amount will be certified to Anoka County for collection with the real estate taxes beginning with the taxes payable in the year 2012. The annual principal installments, together with 5% interest accrued on the unpaid balance are due and payable with the real estate taxes for a period of fifteen 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 2011 -Z6 -02 -001 and 2011 -Z6 -44 -001, Project 1102. Section 5: This resolution shall take effect immediately upon its passage. RESOLUTION 2011 -112 RESOLUTION TO CERTIFY 2011 PETITION AND WAIVER ASSESSMENTS TO ANOKA COUNTY FOR COLLECTION WITH REAL ESTATE TAXES WHEREAS, property owners petitioned the City Council for certain improvements and waived their rights for public hearings and appeals as provided in Minnesota State Statute; and, WHEREAS, said improvements have been completed; and, WHEREAS, this Council has heretofore estimated and fixed the cost of such improvements and has prepared an assessment roll therefore, 24 Special Assessment Levy Hearing 6:15 p.m. Page 3 THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES: Section 1. That this Council does hereby adopt the aforesaid assessment roll for Petition and Waiver Construction Work known and described as "Petition/Waiver" numbered 2011 -SP -31 -001, a copy of which is attached hereto and made a part hereof. Section 2: That said assessments may be paid in part or in full without interest on or before November 2, 2011. Any unpaid amount will be certified to Anoka County for collection with the real estate taxes beginning with the taxes payable in the year 2012. 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 ten years. Section 3: This resolution shall take effect immediately upon its passage. 25 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS SPECIAL ASSESSMENT LEVY HEARING MONDAY, OCTOBER 3, 2011 6:30 P.M. Roll Call /Pledge of Allegiance Present: Mayor Peterson, Council member Williams Council member Nawrocki, Council member Diehm, Council member Schmitt Public Hearing on Proposed Special Assessment Roll and Special Assessment Levy for Delinquent Accounts Identified with the Following Project Numbers: P.I.R. 2011 -MS -30 -001 P.I.R. 2011 -MS -30 -002 P.I.R. 2011 -MS -30 -003 P.I.R. 2011 -MS -30 -004 P.I.R. 2011 -MS -30 -005 P.I.R. 2011 -MS -30 -006 P.I.R. 2011 -MS -30 -007 P.I.R. 2011 -MS -30 -008 P.I.R. 2011 -MS -30 -009 P.I.R. 2011 -MS -30 -010 P.I.R. 2011 -MS -30 -011 P.I.R. 2011 -MS -30 -012 P.I.R. 2011- MS -30 -013 P.I.R. 2011 -MS -30 -014 P.I.R. 2011 -MS -30 -015 a. Presentation by City Staff providing background information. Joseph Kloiber, Finance Director, stated this is assessments for various delinquent accounts and includes one single large assessment for 3930 University. That property has gone tax forfeit and will not be sent to the County. It is included to keep track of delinquent accounts. When the property goes back on the market, we will be able to reassess the costs. There are other assessments from previous years that are also against this property. b. Questions /Comments from City Council and the Public. Diehm questioned the notification for non - payment of utility bills. Kloiber stated the time periods given prior to assessment of delinquent accounts. Nawrocki questioned the process after the utilities are shut off. Kloiber indicated different scenarios. Nawrocki stated there are 400 properties on the list and asked if they are all without water. Kloiber stated this includes miscellaneous abatements from the fire inspections department, tree removal, sidewalk snow removal, etc. Fehst questioned how they are notified of this hearing. Kloiber stated they received a mailed notice of the hearing. Prior to water shut off, they receive three notices and a door tag. Residents can pay the delinquent account at the city up to November 15 before it will be sent to Anoka County to be placed on the property's taxes. Kloiber stated surprise at the number of accounts on the list this year as the foreclosure rate has gone down this year. This may be due to more turn over in rental units. Nawrocki stated there are people in the community that are in hardship. Schmitt indicated that many properties on Circle Terrace are included. c. Motion: Motion by Schmitt, second by Williams, to close the Public Hearing and waive reading of Resolution 2011 -113 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Schmitt, second by Williams, to adopt Resolution 2011 -113 being a resolution to adopt an assessment roll and levy a special assessment for delinquent accounts. Motion to amend by Nawrocki to charge an interest rate of 4 percent on delinquent accounts. Kloiber indicated that assessments of differing amounts would create an additional charge from Anoka County to assess. Peterson called for a second. Motion died for lack of a second 26 Motion to amend by Schmitt, second by Diehm to include a 5 percent interest rate on delinquent assessments. Fehst stated that we do not want to be financiers and want people to pay their bills. Kloiber stated that if the interest rate is set at the same amount, assessments can be processed together at the same time. Williams stated that this money is not bonded and costs us more; we should charge more. Diehm questioned the cost from the County if the interest amounts are not the same. Kloiber indicated and estimate of .2 percent. Nawrocki questioned if there was a penalty fee. Kloiber stated that water bills have a late fee until the water is shut off of 5 percent of the unpaid portion. Schmitt stated that some properties are delinquent on purpose, but some cannot help it and requested to keep the interest rate at 5 percent. Upon vote: Schmitt, aye; Williams, nay; Diehm, aye; Nawrocki, aye; Peterson, aye. 4 ayes — 1 nay. Motion carried. Upon vote of the original motion: All ayes. Motion carried. Adjourn Mayor Peterson adjourned the meeting at 6:53 p.m. Patty Muscovitz, CMC City Clerk RESOLUTION NO. 2011-113 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, weed cutting, tree removal, stopbox repair /replacement and abatement of nuisance/hazardous, and numbered as Projects P.I.R. 2011 -MS -30 -001 P.I.R. 2011 -MS -30 -002 P.I.R. 2011 -MS -30 -003 P.I.R. 2011 -MS -30 -004 P.I.R. 2011 -MS -30 -005 P.I.R. 2011 -MS -30 -006 P.I.R. 2011 -MS -30 -007 P.I.R. 2011 -MS -30 -008 P.I.R. 2011 -MS -30 -009 P.I.R. 2011 -MS -30 -010 P.I.R. 2011 -MS -30 -011 P.I.R. 2011 -MS -30 -012 P.I.R. 2011- MS -30 -013 P.I.R. 2011 -MS -30 -014 P.I.R. 2011 -MS -30 -015 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 3` day of October 2011 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 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: 27 Section 1. That this Council does hereby adopt the assessment roll below known and described as "Assessment Roll for 2011 Delinquent Accounts ", numbered as P.I.R. 2011 -MS -30 -001 P.I.R. 2011 -MS -30 -002 P.I.R. 2011 -MS -30 -003 P.I.R. 2011 -MS -30 -004 P.I.R. 2011 -MS -30 -005 P.I.R. 2011 -MS -30 -006 P.I.R. 2011 -MS -30 -007 P.I.R. 2011 -MS -30 -008 P.I.R. 2011 -MS -30 -009 P.I.R. 2011 -MS -30 -010 P.I.R. 2011 -MS -30 -011 P.I.R. 2011 -MS -30 -012 P.I.R. 2011- MS -30 -013 P.I.R. 2011 -MS -30 -014 P.I.R. 2011 -MS -30 -015 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 2, 2011. Section 4. Payments will be accepted at Columbia Heights City Hall, 590 40 Avenue N.E. Columbia Heights, Minnesota, on or before November 15, 2011. Any amount unpaid after November 15, 2011, will be certified to the Anoka County Auditor for collection with the real estate taxes as a special assessment beginning with the taxes payable in the year 2011. The annual principal installments, together with 5% 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. 28 City of Columbia Heights Park and Recreation Commission June 8, 2011 Eileen Evans called the meeting to order at 5:30 p.m. at Huset Park West. ROLL CALL Members present: Eileen Evans; Tom Greenhalgh; Justin Grossing; Stan Hoium; David Payne; Marsha Stroik Staff Present: Kevin Hansen, Public Works Director /City Engineer; Gary Peterson, Mayor; Keith Windschitl, Recreation Director; Deanna Saefke, Secretary APPROVAL CONSENT AGENDA Motion by Stroik, second by Payne, to approve the consent agenda. Upon vote: All ayes. Motion Carried. LETTERS AND REQUESTS A. Letter of request for an open bar reception on Sunday, September 4, 2011, using a licensed caterer with a liquor license. Windschitl discussed the details of the request. He stated that the vendor is legitimate and willing to serve the alcohol along with catering the food at a discount for the client. Hoium asked about using the Lion's Club when there are more than 275. Windschitl replied that this renter is requesting to use a licensed vendor instead of the Lion's Club, but all drinks will be purchased through The Red Sea Bar & Restaurant, given to the guests for free. He feels that this will be a responsible event with the venue taking responsibility for the alcohol. The vendor will be required to provide a liquor license, catering license and serve the alcohol during the event. Payne indicated the concern for the number of guests, that this will take away a bar and potential money from the Lion's Club, but also does not want to lose the client either. Windschitl replied that the renter indicated they would try to find another location to use this vendor if this request was not approved. He stated that a Sunday in September is not a commonly rented day. Evans suggested that if the client does not provide a catering and liquor license from The Red Sea Restaurant then they must use the Lion's Club for the alcohol services. Motion by Payne, second by Hoium, to allow an open bar for September 4, 2011 with The Red Sea Restaurant being required to show a copy of their catering license and liquor license prior to the event. Upon vote: All ayes. Motion Carried. B. Letter of request for an open bar reception on July 31, 2011 for approximately 150- 200 guests. Windschitl indicated that the client is serving beer and wine with many guests not drinking alcohol. They are residents of Columbia Heights, have rented the facility in the past and will be again in the next year. The client has provided a special event insurance policy listing the City as additional insured. Evans suggested requiring the renters to use 29 Park & Recreation Commission June 8, 2011 Page 2 a trained bartender whether it is one that is preapproved or hire a bartender suggested by Murzyn Hall Staff. Motion by Hoium, second by Payne, to allow an open bar for July 31, 2011 provided that the renter use a trained bartender. Upon vote: All ayes. Motion Carried. OLD BUSINESS A. Ramsdell Park updates Hansen indicated that construction has just begun. City Staff has removed what playground equipment could be salvaged and used in other parks. Construction work will be conducted from the inside out to minimize disruption along Johnson Street. Hansen indicated that the completion date is projected at August 15` The August or September Park & Recreation Meeting could be held at Ramsdell Park with a grand opening. Hansen pointed out that the Police want to move the Curtis Ramsdell memorial from City Hall to Ramsdell Park. The Cooperative Cost Share Agreement was settled with the School District. Stroik asked about colors for the shelter. Hansen replied that it was previously mentioned to stay with the same colors as other shelters within the City or to use a blue color to match it in with the school. After viewing the colors it was decided to stay with the existing colors. Stroik asked about the playground style and colors. Hansen replied that the equipment is from Game Time, it will be a different style than that at Huset Park West and the colors will be more greens and browns with the same burgundy posts. NEW BUSINESS None at this time. REPORTS A. Recreation Director Windschitl reported the facility maintenance supervisor that was hired recently was located at Murzyn Hall and the City Manager has decided to move his office to City Hall as to better fit the position of supervisor for the full City buildings. Windschitl is now hiring for part-time positions during different hours of the day. This position would cover shifts for the cleanup or set up of an event in the morning, afternoon, evening or weekend times. The Hylander Center attendance numbers are increasing. A lot of adults use it in the mornings and at night for the fitness center or open gym in the evenings. Evans asked who supervises the facility at night. Windschitl replied that it is an employee who has worked for the Recreation Department for a few years and does a good job with the groups in the evenings. B. Public Works Director /City Engineer Hansen had nothing to report. 30 Park & Recreation Commission June 8, 2011 Page 3 C. Commission Members Hoium asked about the results from a prior rental of Murzyn Hall for a 15 birthday party. Windschitl replied that with the large amount of kids at the party there is a lot of mess with a major problem being gum. Many of these types of parties are paying out of the damage deposit for the additional clean up needed the next day. It has helped having the Lion's Club do the bartending for the alcohol. Commission Members agreed with taking money for the additional cleanup when a mess is left behind. Payne thanked Windschitl for moving the Columbia Heights Athletic Boosters wagon for recent events. ADJOURNMENT Evans adjourned the meeting at 6:00 p.m. to conduct a dedication to the donators of the Huset Park West playground and memorial recognition for former Commission Member Jerry Foss. Deanna Saefke, Recreation Clerk Typist II 31 Approved ••••-- 10/06/11 . .-- • COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES September 7, 2011 The meeting was called to order by Chair Patricia Sowada, at 6:32 p.m. Members present were: Nancy Hoiuin, Steve Smith, Patricia Sowada, and Catherine Vesley. Also present: City Council Representative Tami Diehm, Becky Loader, and Stacey Hendren. Not present: Barbara Tantanella. The minutes of the August 3, 2011 Board meeting were approved as mailed. The bill list dated 8/17/11 of 2011 bills was reviewed. It was moved, seconded, and passed that the bills be paid. The bill list dated 8/24/11 of 2011 bills was reviewed. It was moved, seconded, and passed that the bills be paid. The bill list dated 8/31/11 of 2011 bills was reviewed. It was moved, seconded, and passed that the bills be paid. The bill list dated 9/14/11 of 2011 bills was reviewed from the floor. It was moved, seconded, and passed that the bills be paid. The 2011 accounting dated 9/7/11 was reviewed. Old Business: 1. Progress on maintenance projects continues. a. There continues to be trouble with the new boiler due to fail safe features that cause the machine to turn off. Loader and Barnes met with NSI and the boiler manufacturer to address these issues. b. Installation of the AC control panel is on hold until the boiler is fixed. Bids have been requested. c. The public copier project is completed d. The plumbing replacements have been installed. e. Quotes for the Boardroom window replacement have been received. Barnes and Loader are reviewing bids. f. The new picnic table and bench have arrived and will be installed once the concrete has been repaired. g. Roof maintenance is completed. h. Elevator maintenance will be scheduled as soon as the state permit is received. 2. The photo project highlighting positive features of the library was presented to the Board. The Board recommended some changes to the design. 3. There have been no changes to the library's proposed 2012 budget by the City Council. 4. Effective September 16 Anoka County Libraries will be open 12 -6 on Fridays. This is a reduction of 2 hours to be used for staff training, meetings, and flextime. 5. The joint resolution requesting the formation of a task force for the purpose of planning a new building to house the public library and city hall has been passed by the Library Foundation Board. The Friends of the Library meet on September 12 The Library Board was encouraged to prepare suggestions for names of potential committee members. 6. Loader and Linda Magee, Human Resources Manager, conducted 4 interviews for the Children's Librarian position. A conditional offer was made and Loader is waiting for the background check to make the final offer. The new librarian is expected to start Septemberl 3th. 1 32 7. 895 students participated in the summer reading club at the library, and Volunteens put in 486 hours of work. Loader is very pleased with the outcome of all summer programming and the performance of all staff during this understaffed period. 8. Read Dogs, and an MEA program have been planned for the 21 Century grant. Loader will be the committee representative this school year, while the children's librarian will develop programming. 9. The Gates Grant has been completed. All furniture and computers are installed, and TechAtlas is complete. Funds from the sale cart through the end of 2011 will be used as the snatching portion of the grant. 10. The City of Columbia Heights is in process of having a new website developed. The Library has submitted all requested content. New Business: 1. The July crossover statistics were reviewed by the Board. 2. The Board reviewed the Unique Management Status Report for July. 3. The Library is donating Libraries of Minnesota to the Lomianki Library, Poland. Sowada will deliver the book on her trip. Sowada presented Voytek the Soldier Bear to the library from the Sister Cities. Items from the Floor: 1. The library was notified that Columbia Heights Library patron Lily Thach was selected as a winner of the MN College Savings Plan drawing. Thach, age 9, will receive $1000 in a college savings account, and the library receives $500. Loader will complete paperwork with Joe Kloiber, City Finance Director. 2. David Housewright will join the book club on September 28 at 11:00 am. Board members are encouraged to attend. 3. Loader presented an update to the Anoka County Library budget for 2012. 4. The Board received the ACL 2012 holiday closed schedule and the Columbia Heights proposed 2012 holiday closed schedule. ACL will be closed December 31 and CH will close that day at 5:OOpm. This is the only difference in the schedules. Hoium made a motion to accept the holiday and closed day schedule. The motion was carried. 5. Sowada requested an update on the pancake breakfast from August. Loader stated that about $450 was raised. There being no further business, the meeting was adjourned at 8:07 p.m. Respectfully submitted, Stacey R. Hendren Secretary, Library Board of Trustees The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights services, programs, and activities. 2 33 CITY COUNCIL LETTER Meeting of October 10, 2011 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPRO . I ITEM: Approve Transfer of Funds for Unique Thrift BY: Scott Nadeat BY: /'i OT Details, Safe and Sober grant reimburse- DATE October 3, 011 DATE: ment, AHDTF Overtime and DWI Task Force grant reimbursement from General Fund to Police Dept Overtime Line Item #1020 NO: BACKGROUND In August of 2011, the Columbia Heights Police Department worked several overtime security details at Unique Thrift. For those details, we were reimbursed in the amount of $1,595.63. Also, the Columbia Heights Police Department has been participating in the statewide Safe and Sober program. We have been reimbursed by Coon Rapids, the agency coordinating the grant, in the amount of $1,063.00 for the overtime expended on that initiative. In addition, the Police Department has an officer in the Anoka - Hennepin Drug Task Force (AHDTF). The AHDTF is partially funded by a federal grant administered by the State of Minnesota that covers partial reimbursement of overtime incurred by the AHDTF officers. For the first quarter of 2011, the Police Department has received a check from Anoka County in the amount of $2,000 as partial reimbursement for the overtime of our AHDTF Officer. Lastly, we've received the third quarter reimbursement for our participation in the County's DWI Task Force; this was in the amount of $1,692.75 ANALYSIS /CONCLUSION The $6,351.38 received from these four sources was deposited into the General Fund. The Police Department is requesting that these funds received from be transferred back into the 2011 Police Department Budget, Overtime line item. RECOMMENDED MOTION: Move to transfer the following from the General Fund to the Police Department 2011 Budget, Overtime Line Item 1020: $1,595.63, the amount of money received from Unique Thrift for overtime details; $1,063.00, the amount of money received from Coon Rapids, the grant administrator for the Safe and Sober program; $2,000, the amount of money received from Anoka County as partial reimbursement for the department's AHDTF Officer; and $1,692.75, the amount of money received from Blaine, the grant administrator for the DWI Task Force. COUNCIL ACTION: 34 APOGEE Retail, LLC 033894 Date Invoice Number Comment Amount Discount Amount Net Amount 91912011 2011014 1,595.63 0.00 1,595.63 Check: 033894 9/20/2011 City of Columbia Heights Check Total: 1,595.63 REFERENCE SECURITY APOGEE Retail; LLC 3080 Centerville Rd Alliance Sank . Little Canada, MN 55117 55 Fifth Street East (651) 773 -8077 St. Paul, Minnesota 55101 75- 121 -919 *ONE THOUSAND FIVE HUNDRED NINETY -FIVE AND 63 / 100 DATE AMOUNT 9/20/2011 *** * ** *1,595.63* PAY City of Columbia Heights To THE Police Department ORDER 825 41st Ave NE OP. Columbia Heights, MN 55421 35 Payee: 108367 COLUMBIA HEIGHTS POLICE DEPT Check No. - Stub 1 of 1 Check Date - 8/18/2011 Supplier Invoice No Date Remark PO Amount 081511 8/15/2011 SAFE AND SOBER PROGRAM 1,063.00 t -- 31 ( 05 1,063.00 PLEASE DETACH BEFORE DEPOSITING THE PACE OF THIS DOCUMENT HAS A COLORED BACKGROUND ON WHITE PAPER AND MICROPRINTING THE REVERSE OF THIS DOCUMENT HAS AN ARTIFICIAL WATERMARK. 1:91.4 WELLS FAFIGO BANK COON RAPIDS, MN 55433 11111111111 17-1 910 COON • R,A1- 111.' NUMBER Cf.] Ani.•.4.: 1,17. 154333161 00256773 14)-753 16 hlinnesota DATE AMOUNT PAY 8/18/2011 ONE THOUSAND SIXTY THREE AND 00/100************************************************** TO THE OR COLUMBIA HEIGHTS POLICE DEPT DER . OF • If , 4r01,1 ORI I TURES ...,: ( ..'- COUNTY OF ANOKA \ CHECK NO. I 2100 TEEM]) AVENUE . • DATE Sep 23, 2011 am .A1401CA, IVIIINNBSO'rA 55303 AMOUNT COUNTY PAY Two Thinthand DoilarSAnd Zero Cents* **** * ** ************ * . . . . .. . . TO THE ORDER OF . CITY OF COLUMBIA .HEIGHTS . • . .. . . . POLICE DEPARTMENT ' . 825-4IST AVE NE :. .. • . .. ' . .-. , : . . '. . , . . . , .., .. : . . . - COLUMBIA i4GHTsAnN United States 1t .• : . , : .. . .' . ' . .. ... '..;;... i : ..,. . \\... WELLS fARGO SANK MINNESOTA N.A. ANOKA. MINNESOTA ANOKA COUNTY REMITTANCE ADVICE DATE Sep 23, 2011 CHECK NO. , pm,gl. , w.,:-k.t„w; ., ...:. '::... Atigtl At" , v,i:W= WY9tqtettPgg,:,..tVINVPSVjtt VIAIM&V .;.4..= - 22 1 Sep 22, 20 REIMBURSE 3RD QTR NARCOTICS GRANT .00 2,000.00 ,00 2,000.00 37 07413W City of Blaine Central Avenue 75 -1368 10801 Town Square Drive saso Central Avenue NE 919 Blaine, Minnesota 55449 -8101 B! AINE, MN 55434 (763) 784 -6700 Check Date Amount ` t if 09/23120/1 $1,692.75 PAY s One Thousand Six Hundred Ninety -Two and 751100 Dollars TO COLUMBIA HEIGHTS POLICE DEPT THE 825 41ST AVENUE NE ORDER COLUMBIA HEIGHTS, MN 55421 OF MAN 9rr.p. TREASURER CHECK NO. 213508 DATE INVOICE NO. DESCRIPTION : NET AMOUNT 09/23/2011 3rd Qtr 2011 DWI Reimbursement 1,692.75 /3 Ieo & . ,- Dw t TcSk t e- 38 CITY COUNCIL LETTER Meetin! of October 10, 2011 AGENDA SECTION: Public Hearings ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROVAL: ITEM: First Reading: Ordinance 1602 re: BY: Scott Nadeau BY: el/(, NO. Authorizing the Police Department DATE: October 3, 2 1 DATE: to Conduct Criminal History Background Investigations BACKGROUND The Minnesota Bureau of Criminal Apprehension (MN BCA) recently conducted a regularly scheduled quality assurance audit of the Police Department's records procedures. During that audit, it was discovered that the current city ordinance did not adequately provide authorization for the Police Department to access data maintained by the MN BCA Computerized Criminal History information system for conducting background investigations on city licenses. The audit information was provided to City Attorney James Hoeft, who has prepared the attached ordinance which will put us in compliance with the BCA's requirements. ANALYSIS /CONCLUSION It is the Police Department's desire to pursue enactment of this ordinance to comply with the Minnesota Bureau of Criminal Apprehension's requirements regarding authorization to run criminal history background checks on applicants for city licenses. RECOMMENDED MOTION Move to waive the reading of Ordinance No. 1602, there being ample copies available to the public. Move to set the second reading of Ordinance No. 1602 for Monday, October 24, 2011 at approximately 7:00 PM in the City Council Chambers. COUNCIL ACTION: 39 ORDINANCE 1602 BEING AN ORDINANCE AUTHORIZING THE POLICE DEPARTMENT TO CONDUCT CRIMINAL HISTORY BACKGROUND INVESTIGATIONS The City of Columbia Heights does ordain: Article IV, Chapter 3, Section 402 of the Columbia Heights City Code, which currently reads to wit: §3.402 BACKGROUND CHECKS (A) At the direction of the City Manager, or his designee, the Police Department is authorized to conduct criminal history background investigations on applicants for positions with the city as provided by this section. This section applies only to applicants who are finalists for paid or volunteer positions with the city, where the City Manager, or his designee, has determined that conviction of a crime may relate directly to the position sought. The Police Department may not perform a background investigation unless the applicant consents in writing to the investigation and to the release of the investigation information to the City Manager and other city staff as may be appropriate. An applicant's failure to provide consent may disqualify the applicant for the position sought. (B) If the applicant's application is rejected due solely or in part to the applicant's prior conviction of a crime, subject to the exception set forth in M.S. § 364.09, as it may be amended from time to time, the City Manager or his designee, must notify the applicant in writing of the following: (1) The grounds and reasons for the rejection. (2) The applicable complaint and grievance procedure set forth in M.S. § 364.06, as it may be amended from time to time. (3) The earliest date the applicant may reapply for employment. (4) That all competent evidence of rehabilitation will be considered upon reapplication. Is hereby amended to read as follows: §3.402 BACKGROUND CHECKS (A) At the direction of the City Manager, or his designee, the Police Department is authorized to conduct criminal history background investigations on applicants for positions with the city as provided by this section. This section applies only to applicants who are finalists for paid or volunteer positions with the city, where the City Manager, or his designee, has determined that conviction of a crime may relate directly to the position sought. The Police Department may not perform a background investigation unless the applicant consents in writing to the investigation and to the release of the investigation information to the City Manager and other city staff as may be appropriate. An applicant's failure to provide consent may disqualify the applicant for the position sought. (B) If the applicant's application is rejected due solely or in part to the applicant's prior conviction of a crime, subject to the exception set forth in M.S. § 364.09, as it may be amended from time to time, the City Manager or his designee, must notify the applicant in writing of the following: 40 (1) The grounds and reasons for the rejection. (2) The applicable complaint and grievance procedure set forth in M.S. § 364.06, as it may be amended from time to time. (3) The earliest date the applicant may reapply for employment. (4) That all competent evidence of rehabilitation will be considered upon reapplication. (C) At the direction of the City Manager, or his designee, the Police Department is authorized to conduct criminal history background investigations on applicants for city licenses. (D) In conducting the criminal history background investigation in order to screen license applicants, the Police Department is authorized to access data maintained in the Minnesota Bureau of Criminal Apprehensions Computerized Criminal History information system in accordance with BCA policy. Any data that is accessed and acquired shall be maintained at the Police Department under the care and custody of the chief law enforcement official or his or her designee. A summary of the results of the Computerized Criminal History data may be released by the Police Department to the licensing authority, including the City Council, the City Manager, or other city staff involved in the license approval process. This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Second Reading: Date of Passage: Mayor Gary L. Peterson Attest: Patricia Muscovitz CMC City Clerk 41 CITY COUNCIL LETTER M eeting of: October 10, 2011 AGENDA SECTION: CONSENT ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL ITEM: Demolition Bid for 4133 2n Street BY: Sheila Cartney BY: Scott Clary/; DATE: September 30, 2011 Background Information: The subject lot has been recently purchased as part of the City's scattered site housing program, a single family home occupies the lot. The next step in the process is the demolition of the buildings, 21 bid specification packages were sent out for quotes. On October 3` the Community Development Department received four bids. The low responsible bid was $9,250 from Drobnick's Demolition. The bid summary follows: Construction Firm Environmental General Demo Total Drobnicks Demo $2,300 $6,950 $9,250 KA Kamish $500 $10,925 $11,425 Kevitt Excavating $1,400 $11,495 $12,985 Veit $1,020 $13,669 $14,689 The above total bids are for the building demolition. In addition, the other demolition costs for properties are the utility disconnects, which includes street and curb restoration, which are done through a contract with the Public Works Department. the disconnect has not been fully completed at the time of this memo. The environmental survey for report was $550. Staff Recommendation: Staff recommends issuing the demolition contract to Drobnick's Demolition based on positive feedback from the City of Blaine. Recommended Motion: Move to approve the demolition contract award for Drobnick's Demolition, in the amount of $9,250 for the property located at 4133 2 " Street as part of the Scattered Site TIF Program. Attachments: none COUNCIL ACTION: 42 CITY COUNCIL LETTER Meeting of: October 10, 2011 AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL ITEM: Tax Forfeit Tax Classification BY Scott Clark BY: t' DATE: October 5, 2011 Background Information: On July 18, 2011 the City received notice from Anoka County that three parcels have gone tax forfeit. These parcels are as follows (map attached). 1) 35- 30 -24 -23 -0161 (Parcel A)- land locked parcel on the northwest corner of 233 42 Ave. 2) 35- 30 -24 -32 -0249 ( Parcel B)- 3930 University Ave ( Root property) 3) 36- 30 -24 -14 -0012 (Parcel C) - land locked parcel north of 42 Ave. on the Cleveland St. extension Anoka County's statutory authority is to divide properties into one of two categories, conservation or non- conservation. Non - conservation properties are placed on the market for sale through an established County process. To start that process, the County asks the City for their affirmation on the subject parcels, or, the City can ask for a withholding of these parcels based on a fact situation. Staff is recommending, through the attached resolution, that only Parcel A be affirmed as non - conservation property, meaning that it be sold on the market. The other two parcels should be removed from immediate sale. Parcel B is the Root property, and the City's EDA will be working with the County to begin an environmental investigation on the parcel and Parcel C may have drainage and storm ponding value and Public Works wants to reserve time to discuss the potential acquisition of the parcel. There are no expenditures to this resolution and no authorizations to purchase properties. Recommendation: Staff recommends the Resolution 2011 -106 as written Recommended Motion: Motion: Move to waive the reading of Resolution 2011 -106 there being ample copies available to the public Motion: Move to adopt Resolution 2011 -106 a Resolution approving Classification of Non - Conservation Property for Anoka County Land Sale Purposes Attachments: Resolution 2011 -106 and map COUNCIL ACTION: 43 CITY OF COLUMBIA HEIGHTS RESOLUTION 2011 -106 Resolution Approving Classification of Non - Conservation Property for Anoka County Land Sale Purposes Whereas, Anoka County is responsible for the management and disposition of tax forfeit parcels based on MSA Chapter 282, and; Whereas, on July 18, 2011 the City received notice of three tax forfeited parcels, and; Whereas, on August 23, 2011 the Anoka County Board of Commissioners approved Resolution #2011 -101 classifying parcels for land sales, and; Whereas, the aforementioned resolution classified all three parcels in a non - conservation status and is seeking affirmation of the same by the City of Columbia Heights' City Council, and; Whereas, the City Council views that two of these parcels should not be offered for immediate sale due to reasons offered below, NOW THEREFORE BE IT RESOLVED, 1) Parcel 35-30-24-23-0161 should be sold at auction, and if possible, combined with the abutting property owner 2) Parcel 36-30-24-14-0012 should be withheld from auction to give the City time to negotiate with the County for potential purchase 3) Parcel 35-30-24-32-0249 should be withheld due to potential environmental contamination issues and to give the City time to work with Anoka County to secure investigation and clean -up grants Passed this 10 Day of October 2011 Offered by: Second By: Roll Call: Mayor Gary L. 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I J3 mt $t 1 [ ! 1 •q 11 1dll) 1 i i f T .} ' !. f_ 1 l , tiaiiks 411rj 4 y g y 1 1 ! ti s i 11tTI 1i' r ( � y t - 11 a i 1- << ..d .1 E 11 ' t , 1 I 1 111 oral i re, IAll .t t x .. � 7 { � 1� �} rrm1' C iT 7 it 11 T 1 , �F - irrog O4 trOkikmf— i t i, li 1 , tll� yi t I i 1F 1l "ILLIII l3I(C111(il�Tl� l i.l.1/' 1 l I111"': ' l illl T(ial! I I l 1 11.1 }. .1 (1 11[11 11I1T; ' +' IJ ..ir ilf i }1 I, �1'�I1;r 11111 1; 1 , I rig � �i " i�fiIrl1:1'(111111- 01 Il � i11irrl_1 Iui. 1 nil_ .L,. T . J , _ i it 1 I I Trtrl ail s t 4-- 1.11 1 r 1 '1 i ---- . . 45 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of October 10, 2011 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Community Development APPROVAL ITEM: Adopt Resolution 2011 -108 requesting BY: Sheila Cartney BY/ It funds for clean -up grant equity match 3930 DATE: May 18, 2009 University Avenue BACKGROUND: On September 6, 2011 the EDA authorized staff to apply for a DEED clean -up grant for 3930 University Avenue. The subject property went into tax forfeiture and is now in trust with the State of Minnesota with Anoka County being the "caretaker." The EDA is working with Anoka County on securing a DEED grant to clean up the property for future resale /redevelopment. As approved the funding for this program is from the 2009 Anoka County levy, this resolution authorizes staff to request these funds. RECOMMENDATION: Staff recommends approval of the resolution as written. RECOMMENDED MOTION: Motion: Move to waive reading of Resolution 2011 -108 there being ample copies available for the public Motion: Move to Adopt Resolution 2011 -108, requesting funds in the amount of $10,000 from the Anoka County HRA levy to finance 25% equity for a DEED investigation clean -up grant for 3930 University Avenue in the City of Columbia Heights. Attachments: Resolution 2011 -108 COUNCIL ACTION : 46 RESOLUTION 2011 -108 CITY OF COLUMBIA HEIGHTS, MINNESOTA A RESOLUTION REQUESTING FUNDS IN THE AMOUNT OF $10,000 FROM THE ANOKA COUNTY HRA LEVY TO FINANCE 25% EQUITY FOR A DEED INVESTIGATION CLEAN -UP GRANT FOR 3930 UNIVERSITY AVENUE IN THE CITY OF COLUMBIA HEIGHTS. WHEREAS, the City Council was invited by the Anoka County Housing and Redevelopment Authority (ACHRA) to participate in ACHRA economic development activities; and, WHEREAS, Council passed a resolution on September 10, 2007 to participate in the Anoka County Housing and Redevelopment Authority (ACHRA) economic development activities; and, WHEREAS, the ACHRA would levy a tax in Columbia Heights each year of participation, for a minimum of five years; and, WHEREAS, that the City, by participation in the ACHRA economic development activities, can request funds to support the City's redevelopment and housing maintenance and improvement goals; and, WHEREAS, Anoka County Community Development staff indicated that a clean -up investigation grant would be a qualified expenditure; and, BE IT FURTHER RESOLVED that the City of Columbia Heights requests $10,000 from the Anoka County HRA to finance 25% equity for a DEED Investigation Clean -Up grant for 3930 University Avenue and administration there of. Passed this 10` day of October 2011. Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz CMC City Clerk 47 CITY COUNCIL LETTER Meeting of: October 11, 2011 AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL ITEM: Resolution 2011 -109, Committing local BY: Scott Clark BY: match for DEED grant 3930 University DATE: October 5, 2011 Ave Background Information: At the September 6, 2011 meeting the EDA approved applying for an investigation grant with the Department of Employment and Economic Development for the Root property at 3930 University Ave. The grant will seek assistance to complete a Phase I, Phase II and a Remedial Action Plan and the EDA will be posting up to $10,000 as the required equity share. This grant is being done with consent of Anoka County, who manages the property as a tax forfeit parcel. The attached resolution makes the City a local sponsor, as required by the grant language; we will also be the applicant. Recommendation: Staff recommends approval of the resolution as written. Recommended Motion: MOTION: Move to waive the reading of Resolution 2011 -109 there being ample copies available to the public. MOTION: Move to adopt Resolution 2011 -109, a Resolution committing local match and authorizing contract signature for application of a contamination investigation and remedial action plan (RAP) grant for the property located at 3930 University Avenue NE, Columbia Heights. Attachment: Resolution 2011 -109 COUNCIL ACTION: 48 CITY OF COLUMBIA HEIGHTS RESOLUTION 2011 -109 A RESOLUTION COMMITTING LOCAL MATCH AND AUTHORIZING CONTRACT SIGNATURE FOR APPLICATION OF A CONTAMINATION INVESTIGATION AND REMEDIAL ACTION PLAN (RAP) GRANT FOR THE PROPERTY LOCATED AT 3930 UNIVERSITY AVENUE NE, COLUMBIA HEIGHTS, MINNESOTA BE IT RESOLVED, that the City of Columbia Heights, Minnesota act as the legal sponsor for project contained in the Contamination Investigation and Remedial Action Plan Grant Program to be submitted no later than November 1, 2011 and that the Community Development Director is hereby authorized to apply to the Department of Employment and Economic Development for funding of this project on behalf of the City of Columbia Heights, Minnesota. BE IT FURTHER RESOLVED that the City of Columbia Heights, Minnesota has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to ensure adequate project administration. BE IT FURTHER RESOLVED that the sources and amounts of the local match identified in the application are committed to the project identified. BE IT FURTHER RESOLVED that the City of Columbia Heights, Minnesota has not violated any Federal, State or Local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. BE IT FURTHER RESOLVED that upon approval of its application by the State, the City of Columbia Heights, Minnesota may enter into an agreement with the State of Minnesota for the above - referenced project(s), and that City of Columbia Heights, Minnesota certifies that it will comply with all applicable laws and regulations as stated in all contract agreements. BE IT RESOLVED that the City of Columbia Heights, Minnesota has approved the Contamination Investigation and Remedial Action Plan Grant Application to be submitted to the Department of Employment and Economic Development (DEED) no later than 4:00 p.m., November 1, 2011 by the City of Columbia Heights, Minnesota for the 3930 University Avenue N.E. site. NOW, THEREFORE BE IT FINALLY RESOLVED that the Community Development Director is hereby authorized to execute such agreements as are necessary to implement the project(s) on behalf of the applicant. Passed this 10th day of October, 2011 Offered By: Second By: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 49 CITY COUNCIL LETTER Meeting of: 10/6/11 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: AWARD OF PROFESSIONAL ENGINEERING BY: K. Hansen BY: SERVICES for the ARGONNE SANITARY SEWER LIFT DATE: 10 /5 /11 DATE: STATION, MUNICIPAL PROJECT #1114 Background: On August 8 2011 Council authorized staff to seek proposals for a consulting engineer to provide an engineering report, provide project design through bidding and provide construction administration services for the sanitary sewer lift station replacement serving the Argonne area. Requests for proposals were sent to 18 firms. 10 proposals were received on September 30 in response to the RFP (attached). All of the firms provided adequate response to the RFP — the engineering service fees are as follows: Bolten -Menk $11,800 Ulteig $27,000 BDM -MSA $13,300 WSB $28,901 Foth $18,000 Liesch $33,200 Bonestroo $23,400 LHB $38,577 SRF $25,580 MFRA $40,290 Analysis /Conclusions: Staff has reviewed each of the proposals including the cost of work effort for both the design phase and the construction phase. The lowest total cost was submitted by Bolten -Menk. The design phase fees submitted by the lowest two firms were similar; however, the construction phase fees of Bolten -Menk were lower. I discussed the proposed construction fees with Kevin Kielb. They are proposing to inspect removals periodically and provide full -time inspection during new lift station and associated pipe installation. Depending on the lift station type selected during the report phase, inspection time is estimated at 1 -3 weeks. As this is a replacement in a small, limited area, I agree with Mr. Kielb's estimate. Also, the fee structure required in the RFP is a cost not to exceed. Recommended Motion: Move to award the Argonne Sanitary Sewer Lift Station Improvements, Municipal Project #1114, to the consulting engineering firm of Bolten -Menk of Maplewood, Minnesota, based up their low, qualified, responsible proposal for a cost not -to- exceed $11,800 appropriated from Fund 652-51114-3050. COUNCIL ACTION: 50 CTTY OF COLUMBIA HEIGHTS REQUEST FOR PROPOSAL • GONNE SANITARY SEWER LIFT STATION IMPROVEMENT MUNICIPAL PROJECT #1114 SEPTEMBER 2011 51 REQUEST FOR PROPOSALS (RFP) COLUMBIA HEIGHTS, MINNESOTA ARGONNE SANITARY SEWER LIFT STATION IMPROVEMENT MUNICIPAL PROJECT #1114 I. INTRODUCTION The City of Columbia Heights, Minnesota, is requesting proposals to provide the engineering professional services required for design and construction management of a sanitary sewer improvement at Argonne Lift Station located at 2330 Argonne Drive in Columbia Heights. II. GENERAL REQUIREMENTS Interested engineering firms should submit their proposal no later than 3:30 p.m. on September 30, 2011 to the City Engineer, 637 38 Avenue N.E., Columbia Heights, MN 55421. In submitting a proposal to provide the required services, follow the enclosed requirements in order to expedite the review process by the representatives of the City. 1. The length of the proposal should not exceed 20 pages, including figures, resumes of personnel, firm experience and qualifications, etc. 2. The proposal should not contain non - applicable promotional materials and should address only the points requested in this document. 3. A schedule of billing rates for individuals involved must be included. The proposal must contain a not -to- exceed cost for the design phase and a not -to- exceed cost for the construction management phase. The two phases will not be awarded to different firms. 4. Ten copies of the proposal should be addressed to the City Engineer, 637 38 Avenue N.E., Columbia Heights, MN 55421, to be received by 3:30 p.m. on September 30, 2011. 5. If the firm is proposing to use subcontracts, the subcontractor should be identified along with how the work will be divided. 6. The City of Columbia Heights reserves the right to reject any proposal that does not comply with the requirements of this RFP. 52 RFP — Argonne Sanitary Sewer Lift Station Improvement Page 2 III. SCOPE OF SERVICES The following items will be required as part of this project. Engineering Report Phase The capacity of the sanitary sewer lift station includes the evaluation of present and anticipated sewer flows served by the lift station. It is not anticipated to have future or only minimal additional service area to the lift station. A feasibility study, including recommendations and cost estimates, shall be prepared with the following options. • Wet well with suction pumps • Wet well, dry well with pumps • Wet well with submersible pumps • Site Location: o Existing o Northerly location (relocate) Each option should include installation of new pumps and modifications to existing piping to facilitate lift station installation. An evaluation of the force main shall also be addressed. Plans and specifications will be prepared for one option chosen by the City Council. Design and Construction Document Phase The sanitary sewer lift station includes the evaluation of the existing pumps with regard to present and anticipated sewer flows served by the lift station, and design of needed improvements to meet these flows to include specification of new pumps and design of either a new or rehabilitated force main, if necessary, and an evaluation of the emergency by -pass. The design and construction document plans shall also include an add - alternate for a fixed emergency standby generator. The design and construction document phase shall also provide for the lift station controls to operate with and communicate with the City's existing SCADA System. The project includes landscaping to provide a buffer to adjacent residential properties. The Engineer shall assist City staff with gaining approval of the plans and specifications from the Minnesota Department of Health for the project. Construction Management Phase Provide preparation of bid and contract documents. 53 RFP — Argonne Sanitary Sewer Lift Station Improvement Page 3 Provide evaluation of bids received and make a recommendation of award to the City Council. Provide review and approval of required shop drawings. Provide construction inspection services as needed including final inspection and certification of completion in accordance with the plans and specifications. Verification of pay estimates. General Provide a not -to- exceed cost to perform the report, design and construction document through bidding phase, and a separate not -to- exceed cost for construction management phase. The consultant should be prepared to make at least two (2) presentations to the City Council and as many meetings as necessary with City staff and others to obtain the information required to facilitate design. The City will provide the successful consultant with copies of as -built plans, previous reports, related studies, GIS data or other information available at the City. Consultants interested in submitting a proposal will be able to review these documents at the City offices. PROPOSAL CONTENTS 1. Project Approach Should reflect the firm's understanding of the requirements of the project and present a task -by -task description of the work to be accomplished. Merely restating the scope of services will not be acceptable. 2. Schedule Should include a schedule depicting the task activities, their inter - relationships, and the projected completion dates. It should also contain a discussion of the firm's total staffing and its procedures for maintaining schedule compliance in the event of unforeseen delays or other circumstances. 3. Project Personnel Should outline the general responsibilities of the firms to be involved if more than one. Should also contain the names of personnel with key responsibilities for the work and a description of their role and duties for this job. It must also include an organizational chart for these people, delineating responsibilities and showing lines of authority and communication. It should also contain biographical resumes of these individuals with 54 RFP — Argonne Sanitary Sewer Lift Station Improvement Page 4 emphasis on their background on comparable projects and similar roles to those proposed for this project. 4. Relevant Experience Should discuss demonstrated experience of firm and project team with studies of similar scope and magnitude to the proposed study. 5. Performance Should demonstrate the ability of the firm to perform the project in a timely and cost - effective manner. 6. References Should contain references that may be contacted for the similar studies discussed in the Experience and Performance sections. 7. Benefits to Columbia Heights All things considered, summarize why you believe the City of Columbia Heights should retain your firm to perform this project. IV. EVALUATION CRITERIA AND SELECTION PROCEDURES Proposals will be evaluated on the following criteria: • Demonstrated understanding of the requirements of this project and the concerns of the City of Columbia Heights. • Relevance and suitability of the project approach and schedule. • Qualifications and expertise of the key personnel to be assigned and their proven ability to work together as a team on similar projects. • Experience of the firm and project team directly relating to this project. • Record of past performance on similar projects. • Comments and opinions provided by references. • Resources of the firm to conduct and complete this project in a satisfactory manner. Factors to be considered include size of the firm, current workload, and ability and willingness to commit the key personnel. 55 RFP — Argonne Sanitary Sewer Lift Station Improvement Page 5 • Clarification, conciseness and organization of the proposal. This proposal will be the only submittal for firm selection. The firm that the City believes to be the best qualified, based on the criteria above, will be invited to enter into negotiations to perform this project. If you have any questions, please contact me at 763 - 706 -3705. Sincerely, Kevin Hansen, P.E. Public Works Director /City Engineer 56 CITY COUNCIL LETTER Meeting of October 10, 2011 AGENDA SECTION: CONSENT ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: Business License Agenda BY: Shelley Hanson DATE: NO: DATE: October 4, 2011 BY4' BACKGROUND /ANALYSIS Attached is the business license agenda for the October 10, 2011 Council meeting. This agenda consists of applications for Contractor licenses for 2011. At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for October 10, 2011 as presented. COUNCIL ACTION: 58 TO CITY COUNCIL October 10, 2011 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES -2011 BLDG Ductworks Htg & AC 6108 Olson Memorial Hwy, Golden Valley $60 Sabre P1 & Htg. 15535 Medina Rd, Plymouth $60 Dunrite P1 & Mech 802 221 Ave NE, Cedar $60 Patton Htg. 589 Swan Lake Ln NW, Cedar $60 MacDonald Htg/ AC 11848 305 Ave, Princeton $60 Rum River Refrig 13117 314 Ave NW, Princeton $60 Lakeland Plumbing 27185 Bayshore Cir NE, Isanti $60 JW Plumbing 14930 Dallara Ave W, Rosemount $60 Royal Orchid 2440 Cypress St, Maplewood $60 59 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: October 10, 2011 . STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion: Move that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has received the list of claims paid covering check number 140690 through 140842 in the amount of $ 1,315,738.57 . 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CITY COUNCIL LETTER Meeting of: October 10, 2011 AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL ITEM: Resolution 2011 -107 Approving a BY: Scott Clark BY: X.----( Scattered Site Housing District DATE: October 5, 2011 Background Information: At the April 28, 2009 EDA meeting the Commission directed staff to implement all necessary steps to create a Scattered Site Housing District. This district will include 23 parcels with the majority of them owned by the City. The increment generated by the District will replenish the old C8 Redevelopment District (the original source for the scattered site) to allow the city to have additional funds for housing activities. The public hearing for this Plan was called for by the City Council on August 8, 2011 and an additional discussion was held by the EDA on September, 6, 2011 with a final action on October 10, 2011. Staff is recommending the Plan as written. A summary of the Plan, prepared by Ehlers is attached. Note: The tax increment plan itself will be copied for the City Council members and delivered as part of your EDA package (that meeting will meet prior to the Council meeting). Any members of the public wanting to review the plan, or to discuss the same, may do so at the Community Development Departments' office. Recommendation: Approval of Resolution #2011 107 as written. Recommended Motion: Motion: Move to waive the reading of Resolution 2011 -107 there being ample copies available to the public. Motion: Move to Adopt Resolution 2011 -107 a Resolution Modifying the Downtown Central Business District (CBD) Revitalization Plan for the CBD Redevelopment Project and Establishing the City -Wide Scattered Site Housing Tax Increment Financing District Therein and Adopting a TIF Plan Therefor. Attachments: Resolution 2011 -107, Summary of Plan COUNCIL ACTION: 68 CITY OF COLUMBIA HEIGHTS RESOLUTION 2011 -107 RESOLUTION ADOPTING A MODIFICATION TO THE DOWNTOWN CENTRAL BUSINESS DISTRICT (CBD) REVITALIZATION PLAN FOR THE CBD REDEVELOPMENT PROJECT AND ESTABLISHING THE CITY -WIDE SCATTERED SITE HOUSING TAX INCREMENT FINANCING DISTRICT THEREIN AND ADOPTING A TIF PLAN THEREFOR. 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 of the Columbia Heights Economic Development Authority (the "EDA ") has heretofore established CBD Redevelopment Project and adopted a Downtown Central Business District (CBD) Revitalization Plan therefor. It has been proposed by the EDA and the City that the City adopt a Modification to the Downtown Central Business District (CBD) Revitalization Plan for CBD Redevelopment Project (the "Downtown Central Business District (CBD) Revitalization Plan Modification ") and establish the City -Wide Scattered Site Housing Tax Increment Financing District (the "District ") therein and adopt a TIF Plan (the "TIF Plan ") therefor (the Downtown Central Business District (CBD) Revitalization Plan Modification and the TIF Plan are referred to collectively herein as the "Plans "); all pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections 469.090 through 469.1082 and Sections 469.174 to 469. 1799, all inclusive, as amended, (the "Act ") all as reflected in the Plans, and presented for the Council's consideration. 1.02. The EDA and City have investigated the facts relating to the Plans and have caused the Plans to be prepared. 1.03. The EDA and City have perfouned all actions required by law to be performed prior to the establishment of the District and the adoption and approval of the proposed Plans, including, but not limited to, notification of Anoka County and Independent School District No. 13 having taxing jurisdiction over the property to be included in the District, a review of and written comment on the Plans by the City Planning Commission on October 4, 2011, approval of the Plans by the EDA on October 10, 2011, and the holding of a public hearing upon published notice as required by law. 1.04. Certain written reports (the "Reports ") relating to the Plans and to the activities contemplated therein have heretofore been prepared by staff and consultants and submitted to the Council and /or made a part of the City files and proceedings on the Plans. The Reports include data, information and /or substantiation constituting or relating to the basis for the other findings and determinations made in this resolution. The Council hereby confirms, ratifies and adopts the Reports, which are hereby incorporated into and made as fully a part of this resolution to the same extent as if set forth in full herein. 1.05. The City is not modifying the boundaries of the CBD Redevelopment Project, but is however, modifying the Downtown Central Business District (CBD) Revitalization Plan therefor. Section 2. Findings for the Adoption and Approval of the Downtown Central Business District (CBD) Revitalization Plan Modification. 2.01. The Council approves the Downtown Central Business District (CBD) Revitalization Plan Modification, and specifically finds that: (a) the land within the Project area would not be available 392785v2 SJB CL205 -49 69 for redevelopment without the financial aid to be sought under this Downtown Central Business District (CBD) Revitalization Plan; (b) the Downtown Central Business District (CBD) Revitalization Plan, as modified, will afford maximum opportunity, consistent with the needs of the City as a whole, for the development of the Project by private enterprise; and (c) that the Downtown Central Business District (CBD) Revitalization Plan, as modified, conforms to the general plan for the development of the City as a whole. Section 3. Findings for the Establishment of the City -Wide Scattered Site Housing Tax Increment Financing District. 3.01. The Council hereby finds that the City Wide Scattered -Site Housing Tax Increment Financing District is in the public interest and is a "housing district" under Minnesota Statutes, Section 469.174, Subd. 11 of the Act. 3.02. The Council further finds that the proposed development would not occur solely through private investment within the reasonably foreseeable future, that the Plans conform to the general plan for the development or redevelopment of the City as a whole; and that the Plans will afford maximum opportunity consistent with the sound needs of the City as a whole, for the development or redevelopment of the District by private enterprise. 3.03. The Council further finds, declares and determines that the City made the above findings stated in this Section and has set forth the reasons and supporting facts for each determination in writing, attached hereto as Exhibit A. Section 4. Public Purpose. 4.01. The adoption of the Plans conforms in all respects to the requirements of the Act and will help fulfill a need to develop an area of the City which is already built up, to provide housing opportunities, to improve the tax base and to improve the general economy of the State and thereby serves a public purpose. For the reasons described in Exhibit A, the City believes these benefits directly derive from the tax increment assistance provided under the TIF Plan. A private developer or home owner will receive only the assistance needed to make this development financially feasible. As such, any private benefits received by a developer or home owner are incidental and do not outweigh the primary public benefits. Section 5. Approval and Adoption of the Plans. 5.01. The Plans, as presented to the Council on this date, including without limitation the findings and statements of objectives contained therein, are hereby approved, ratified, established, and adopted and shall be placed on file in the office of the Deputy Clerk. 5.02. The staff of the City, the City's advisors and legal counsel are authorized and directed to proceed with the implementation of the Plans and to negotiate, draft, prepare and present to this Council for its consideration all further plans, resolutions, documents and contracts necessary for this purpose. 5.03 The Auditor of Anoka County is requested to certify the original net tax capacity of the District, as described in the Plans, 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. 392785v2 SJB CL205 -49 70 5.04. The Deputy Clerk is further authorized and directed to file a copy of the Plans with the Commissioner of the Minnesota Department of Revenue and the Office of the State Auditor pursuant to Minnesota Statutes 469.175, Subd. 4a. Offered By: Second By: Roll Call: Passed this 10 Day of October, 2011 Mayor, Gary Peterson ATTEST: Patricia Muscovitz, CMC City Clerk (Seal) 392785v2 SJB CL205 -49 71 EXHIBIT A RESOLUTION 2011 -107 The reasons and facts supporting the findings for the adoption of the TIF Plan for the City -Wide Scattered Site Housing Tax Increment Financing District, as required pursuant to Minnesota Statutes, Section 469.175, Subdivision 3 are as follows: 1. Finding that the City-Wide Scattered Site Housing Tax Increment Financing District is a housing district as defined in M.S., Section 469.174, Subd. 11. The City -Wide Scattered Site Housing TIF District consists of 23 parcels. The development will consist of single - family owner- occupied housing. All or a portion of which will receive tax increment assistance and will meet income restrictions described in M.S. 469.1761. At least 95% of the houses assisted with tax increment will be initially sold to and occupied by persons with no more than 100% of median income for a family of two and 115% of median income for families of three or more; or, if any units are rented, the tenants will meet the rental income limits under Section 469.1761. Median income for owner - occupied housing is the greater of the statewide median or the county median. For Anoka County, the median income is $82,700 and the statewide median is $72,900 (year 2011). Therefore, the family of three or more could earn up to $95,105 (115% of $82,700) and still qualify to live in the homes. Appendix E of the TIF Plan contains background for the above finding. 2. 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. 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 main purpose of the TIF plan is to encourage the redevelopment of foreclosed homes and the development or redevelopment of for -sale housing that is affordable to personas who meet income guidelines. The private sector has not invested in these homes and thus they have deteriorated to an extent that they are inhabitable and require demolition and or /extensive rehabilitation. Due to the costs associated with acquisition of a parcel with a home on it, environmental remediation, demolition, site improvements and other qualifying improvements, makes the redevelopment of these housing units infeasible without City assistance. The EDA and City have determined that it will be necessary to provide assistance to the project(s) for various District costs, including a land write down and repayment of an interfund loan(s). 3. Finding that the TIF Plan for the City -Wide Scattered Site Housing Tax Increment Financing District conforms to the general plan for the development or redevelopment of the municipality as a whole. The Planning Commission reviewed the TIF Plan and found that the TIF Plan conforms to the general development plan of the City. 4. Finding that the TIF Plan for the City Wide Scattered Site Housing Tax Increment Financing District will afford 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. Through the implementation of the TIF Plan, the EDA or City will provide an impetus for residential development, which is desirable or necessary for increased population and an increased need for life -cycle housing within the City. 392785v2 SJB CL205 -49 72 A S` Tax Increment Financing District Overview City of Columbia Heights The City -Wide Scattered Site Housing Tax Increment Financing District The following summary contains an overview of the basic elements of the Tax Increment Financing Plan for the City -Wide Scattered Site Housing Tax Increment Financing District. More detailed information on each of these topics can be found in the complete Tax Increment Financing Plan. Proposed action: Establishment of the City -Wide Scattered Site Housing Tax Increment Financing District (the "District ") and the adoption of a Tax Increment Financing Plan (the "TIF Plan "). Modification to the Central Business District Revitalization Plan for the Central Business District (CBD) Redevelopment Project includes the establishment of the City -Wide Scattered Site Housing Tax Increment Financing District No. 19, which represents a continuation of the goals and objectives set forth in the Redevelopment Plan for Redevelopment Project No 1. Type of TIF District: A scattered site housing district Parcel Numbers: 35- 30 -24 -13 -0044 36- 30 -24 -33 -0076 35- 30 -24 -11 -0065 36- 30 -24 -33 -0077 35- 30 -24 -13 -0191 35- 30 -24 -44 -0046 35- 30 -24 -24 -0120 26- 30 -24 -34 -0160 35-30-24-33-0167 26 -3 0 -24 -24 -0116 36- 30 -24 -12 -0064 35- 30 -24 -12 -0151 35- 30 -24 -24 -0093 36- 30 -24 -42 -0055 35- 30 -24 -31 -0048 26- 30 -24 -31 -0089 35- 30 -24 -31 -0055 35- 30 -24 -33 -0025 35- 30 -24 -21 -0044 35- 30 -24 -41 -0086 36- 30 -24 -24 -0025 35- 30 -24 -23 -0089 26- 30 -24 -43 -0074 Proposed The District is being created to facilitate the sale and redevelopment of EDA, Development: Anoka County and Greater Metropolitan 1-Iousing Corporation owned parcels into new single - family hones for income qualified buyers, Please see Appendix A of the TIF Plan for a more detailed project description. EHLERS LEADERS IN PUBLIC FINANCE 1.S Maximum duration: The duration of the District will be 25 years after receipt of the first increment by the EDA or City (a total of 26 years of tax increment). The EDA or City elects to receive the first tax increment in 2015, which is no later than four years following the year of approval of the District. Thus, it is estimated that the District, including any modifications of the TIF Plan for subsequent phases or other changes, would terminate after 2040, or when the TIF Plan is satisfied. The EDA or City reserves the right to decertify the District prior to the legally required date. Estimated annual tax Up to $91,47$ increment: Authorized uses: The TIF Plan contains a budget that authorizes the maximum amount that may be expended: Land /Building Acquisition $450,000 Site Improvements /Preparation $150,000 Other Qualifying Improvements $291,060 Administrative Costs (up to 10 %) $146,297 PROJECT COSTS TOTAL $1,037,357 Interest $535,64.1 PROJECT AND INTEREST COSTS TOTAL ............. $1,573,000 See Subsection 2 -10, on page 2 -6 of the TIF Plan for the full budget authorization. Form of financing: The project is proposed to be financed by an interfund loan. Administrative fee: Up to 10% of annual increment, if costs are justified. Interfund Loan If the City wants to pay for administrative expenditures from a tax increment Requirement: fund, it is recommended that a resolution authorizing a loan from another fund be passed PRIOR to the issuance of the check. 4 Year Activity Rule After four years from the date of certification of the District one of the (§ 469.176 Subd. 6) following activities must have been commenced on each parcel in the District: • Demolition • Rehabilitation • Renovation • Other site preparation (not including utility services such as sewer and water) If the activity has not been started by approximately April 2013, no additional tax increment may be taken from that parcel until the commencement of a qualifying activity. The reasons and facts supporting the findings for the adoption of the TIF Plan for the District, as required pursuant to M.S., Section 469.175, Subd. 3, are included in Exhibit A of the City resolution. 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M 110 If 0 al:I it Ssot 111 r t ,. " ' t' . 1 +.> �. t-' wl , ° - � i X 7I 11111311113! it�1 O. 4,- !t!w , :ka. " t`1t 1' 1111£ Y «. ie i rlwtull j4.3 L,:1 "i1tA Legend Central Oult eile Dltttiot Retleveiopmant Project Anis MS Tall tnGratntnt rinan01n¢ toatterau Sgte HoUatnp Dtettict thiturinak4td a* Cir& 1 1900nlii 04614 Pontiviorot t Froted Mn,WMtaM,6Ytgtll, tai. tWpe4a14i11Mkrg itilyetttrio Willtllhit Er Page 3 0 EHLERS E LEADERS IN PUBLIC FINANCE 75 CITY COUNCIL LETTER Meeting of: October 10, 2011 AGENDA SECTION: Public Hearting ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL ITEM: Suspension of Liquor License — Star Bar BY Scott Clark BY: and Grill, LLC. DATE: October 5, 2011 Background Information: This Council letter shall serve as background information for the staff's recommendation to suspend, for a minimum of seven days, the liquor license held by Star Bar and Grill Management LLC, located at 4005 Central Ave Northeast. This recommendation is being made based on the fact that the Star Bar was posted on February 11, 2011 on the "Minnesota Department of Revenue Tax Delinquent Liquor Posting" which forfeits the rights of a bar owner to purchase alcohol from a wholesaler. Minnesota State law strictly prohibits an owner from purchasing alcohol from a retailer; part of the reasoning is the inability of the State to monitor sales for tax purposes. The owner of the Star Bar, Robert Moreland, was found to be in violation of buying retail and was notified and fined by the State (letter attached April 19, 2011). Mr. Moreland paid the fine and continued purchasing retail and the State has another investigation (details not public information) pending. In addition to this, these actions violate the principles of the Mitigation Plan that was signed between the City and the Star Bar on December 10, 2010 and based on that Agreement; a seven day suspension is warranted. However, staff recommendation for a seven day suspension is only made if the delinquencies with the State are paid in full. If not, staff recommends an indefinite suspension until the time that proof can be made that all delinquencies are satisfied. Staff must emphasis the seriousness of this action. As a license holder to the City, especially in the area of liquor, Mr. Moreland has a deep responsibility to the community to run his operation in a legal fashion. Purchasing alcohol from a retailer, for eight months, is a blatant violation of his license. In addition, his Mitigation Plan was to serve as a statement of his desire to work with us and the extended time of the retail purchasing violation illustrates the contrary. Recommendation: Staff recommends a suspension as specified within the following motion. Recommended Motion: Motion: Move to Suspend the Liquor License for the Star Bar and Grill Management LLC, operating at 4005 Central Ave. NE. based on the following: 1) Due to violations of the December 10, 2010 Mitigation Plan, violation of State law regarding retail purchasing of liquor, and violations of the City's Liquor Ordinance, suspension of the liquor license for seven working days ( October 11 to October 17` 2) If the licensee has not satisfied State debt obligations by October 17, 2011, evidenced by removal from the Minnesota Department of Revenue Tax Delinquent Liquor Posting, the license is further suspended from October 18` to a date no longer than December 31, 2011. 3) On or after October 18, 2011, license reinstatement is conditioned on the licensee providing staff with all necessary documentation that all State debt obligations have been satisfied and that any pending investigations have been completed. Attachments: Mitigation Plan- December 6, 2010 Mitigation Plan Violation Letters- May 3, June 17 and October 6, 2011 Alcohol and Gambling Enforcement Letter- April 19, 2011 76 t >., ; �„ , °° n k 'M' +it 4'+'1 �i �t g Gi f � ' T' '�n ?�rup3 F 51 41 " - i r ' c„» �t i � I � z ''MINNESOTA ' D.E,PA 3a; MENT l 0F�> PUBLIC 11EE' jay i, 3 4 2 he $ {•u ( ' v k h4Y,CAt••4, 0 sA?&�� .a�,'N ": " %,1 §a?: try.:_,.... ... .7i�; n, r.: >.. s,.. Y: iat:.ir^ ` , Q � s9 Alc ohol and ambliiig Enforcement f � �ri 1 444 Cedar Street • Suite 222 • Saint Paul, Minnesota 55101 • ��� • � Phone: 651.201.7500 Fax: 651.297.5259 TTY: 651.282.6555 April 19, 2011 ' \rEOF MrNoti5 WWW.(l�?S.St�.te.I1�i7.t2S ,r� - `-'� Star Bar & Grill LLC . CZ S 4005 Central Ave Columbia Heights MN 55421 NOTICE OF AGENCY ACTION Alcohol and Gambling The Minnesota Department of Public Safety, Alcohol and Gambling Enforcement Division has evidence Enforcement that while posted on the Minnesota Department of Revenue Tax Delinquent Liquor Posting list you ARMER /911 purchased liquor from another retailer for the purpose of resale, which is in violation of Minn. Stat. Program §340A.415. This was noted by an agent of the Alcohol and Gambling Enforcement Division when he Bureau of visited your establishment on April 5, 2011. Under the provisions of Minnesota Rule 7515.0520 all retail Criminal Apprehension dealers shall purchase their stock of alcoholic beverages only from duly licensed Minnesota Driver manufacturers, brewers, and wholesale distributors. and Vehicle Services The Department of Pu blic Safety, Alcohol and Gambling Enforcement is given the authority to take civil Homeland action in the form of a fine, license suspension or license revocation for any violation of Statute, Rule or Security and Ordinance related to alcoholic beverages. Pursuant to this authority, you are hereby notified that this Emergency Management agency is imposing a civil fine in the amount of $250.00, for violation of the law as provided for in Minn. Minnesota Stat. §340A.415. This fine is due 20 days from the date of this notice unless you contact us within this State Patrol time period contesting this matter. If we have not received the $250 payment or a request contesting Office of this matter by May 9, 2011, your liquor license (s) will be suspended for a period of three days Communications beginning at 8 :00 a.m., on Friday, May 20, 2011 until 8:00 a.m., Monday, May 23, 2011. Office of Justice Programs You are also advised that you have the right to a hearing before an administrative law judge. The Office of request for such a hearing must be in writing and must be sent to the undersigned within twenty days Traffic Safety ofthe date of this Notice. If you request a hearing, this agency will initiate a contested case proceeding State Fire pursuant to the provisions of the Minnesota Administrative Procedures Act. Marshal and Pipeline Safety If you do not wish to contest . this agency action, send a check payable to the Alcohol and Gambling Enforcement Director in the amount of $250.00. Should you have further questions regarding this matter, please do not hesitate to contact us at 651- 201-7502. Sincerely,a 4 • mes Arlt, terim Director Aloo5a1 &Cemblum Enrazeemenl lcohol and Gambling Enforcement Division l atuystk-iiit CbW4 \-\% qA' 77 EQUAL OPPORTUNITY EMPLOYER CITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E., Columbia Heights, MN 55421 -3878 (763) 706 -3600 TDD (763) 706 -3692 Visit Our Website at: www.ci.colunlbia- heights.mn.us October 6, 2011 .Mr. Robert Moreland Star Bar 4005 Central Ave NE Columbia Heights, MN 55421 Dear Mr. Moreland, This letter shall serve as notice that a hearing before the Columbia Heights City Council has been called for at 7:00 p.m. on October 10, 2011. On September 29, 2011 the City of Columbia Height's Community Development Department and the Police Department met with you regarding your illegal purchasing of alcoholic beverages through retail establishments. You were fined for this action by the State of Minnesota Alcohol and Gambling Enforcement for violation of laws prescribed in MSA 340A.415 (letter dated April 19, 2011 from the State to the Star Bar and Grill, LLC). The City has also been notified of the fact that a similar investigation is currently being investigated. At the September 29, 2011 meeting, and based on follow -up actions by City staff, it has been found that you have been on the Minnesota Department of Revenue Tax Delinquent Liquor Posting since February 11, 2011. The evidence of the State fining you for the purchase of alcoholic beverages for purchasing products retail, the length of time that you have been on the Delinquent List and your own statements have given us proof that you have been operating willfully an illegal operation for an extended period of time. This violates the December 6, 2010 Mitigation Plan (Item #4- Serving shall be done in a manner consistent with the State of Minnesota liquor laws), is a violation of State Law itself and is a violation of the City's Ordinance provisions for the holding of your liquor license. This letter shall serve as notice that this is 1) A third violation of the Mitigation Plan which calls for a minimum suspension of seven working days and 2) Even without a Mitigation Plan, staff would recommend a suspension due to the length of time on the State's Delinquent Tax List. Obviously, lithe Star Bar is not removed from the Delinquency List by the end of the suspension period, staff will recommend that the license be suspended indefinitely until proof can be made that authorized purchases from wholesalers can be made. Sincerely yours, Scott Clark Community Development Director Cc: Mayor /City Council Police Chief City Manager THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS E78DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER CITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E., Columbia Heights, MN 55421 -3878 (763) 706 -3600 TDD (763) 706 -3692 Visit Our Website at. www ci.calumbia- heights.mrt.us May 3, 2011 Mr. Robert Moreland Star Bar • 4005 Central Avenue NE Columbia Heights, MN 55421 Dear Mr. Moreland: This letter is being sent in regards to the Alcohol and Gambling Enforcement letter that you received on April 19, 2011. This letter outlines the facts that while you were posted on the Minnesota Department of Revenue Tax Delinquent Liquor Posting, you purchased alcohol from a retailer for the purpose of resale, which violates Minn. Stat. 340A.415. On December 6, 2010 you signed a mitigation strategy that outlines a plan for operation. This Plan was developed as part of your liquor license approvals with the city. Item #fof the Plan states "Serving shall be done in a manner consistent with the State of Minnesota liquor laws." As such, this violation shall serve as a first notice for operational violations. As you remember, the spirit and intent of the agreement Is that three notices shall cause a hearing before the City Council.) am hopeful that we can continue the year without further incidences. Lastly, 1 recognize that in the letter you have the right to appeal before an administrative law judge. If you elect to appeal and win, this first notice will be suspended. Sincerely yours, Scott Clark Community Development Director Cc: Scott Nadeau, Chief of Police Lenny Austin, Police Captain Walt Fehst, City Manager License File THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BA® OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER Mayor • CITY OF COLUMBIA HEIGHTS Gmp L.inember C M, L. nu erson Rohe'' A. ORllionis 590 40 Avenue NE, Columbia Heights, MN 55421 - 3878 (763)706 - 3600 TDD (763) 706 - 3692 Bruce Nowrncki '1'anrruera 1)ielnn Visit our websile al: wr vry .cl.colrnl►bla- helehis.nrrr.xs Donna Sc1unin City Manager Waller R. l %ahs'f June 17, 2011 Mr. Robert Moreland Star Bar 4005 Central Avenue NE Columbia Heights MN 55421 Dear Mr. Moreland: As you are aware on December 6, 2010 you signed a mitigation strategy that outlines a plan for operation. This Plan was developed as part of your liquor license approvals with the city. Item #5 of the plan states "External cameras for parking lot security shall be installed by June 1, 2011, and reasonable access shall be given to the Police Department for any recorded medium, both internal and external to the business operation." As of today there are no security cameras in the parking lot, as such, this violation letter shall serve as a second notice for operational violations. As you remember, the spirit and intent of the agreement is that three notices shall cause a hearing before the City Council. I am hopeful that we can continue the year without a third violation. . incerely, Sheila Cartney Assistant Community Development Director C: Walt Fehst, City Manager Scott Nadeau, Chief of Police Lenny Austin, Police Captain License File 80 Agreement For A Crime and Excessive Calls for Service Mitigation Strategy Between the City of Columbia Heights And the Star Bar Located at 4005 Central Ave Northeast December 6, 2010 Background and Purpose: On August 7, 2009 Robert Moreland applied to take over the existing 2009 liquor license at the Star Bar located at 4005 Central Ave Northeast. The license was denied by the City Council on August 18, 2009 due to past felony convictions. On October 29, 2009 Tracy Stankovich applied as co -owner with Mr. Moreland, under the name of Star Bar Management LLC, and the Council approved the license on November 18, 2009 (for the remainder of 2009 and all of 2010). In November of 2010 Robert Moreland applied for the 2011 liquor license as the sole officer of the aforementioned business. The Community Development Department is the recommending staff body to the Council regarding liquor licenses. Obviously the issue of past felony convictions can't be erased as a factor for recommendation for approval or denial, but in fairness to the applicant, staff from both the Community Development Department and the Police Department reviewed the operation of the facility for the past year. There has been at least four events that fall under the excessive calls for service category, including serving a minor and a repetitive history of over serving which has had spill over affects, both inside and outside of the bar area. As a result of these issues, the Columbia Heights Chief of Police Scott Nadeau, and Community Development Director Scott Clark met with Mr. Moreland on November 24 to discuss these issues and the possible affect they may have on him obtaining his license. On December 2nd, 2010, staff forwarded a copy of the Mitigation Plan to Robert Moreland. This document was also discussed and reviewed by the City Attorney. A final meeting with Mr. Moreland was held December 6 for final review. The following plan constitutes both best practices, and establishes a benchmark for a liquor suspension in 2011 if given issues are not remedied, and excessive calls for service persist. The overarching goal of this Agreement is to ensure that the Star Bar does not 1) establish a reputation as a place of business that serves regardless of the condition of the patron and 2) that the community standard of responsible serving of alcohol is maintained. • 81 MITIGATION PLAN: The terms of the Agreement are as follows: 1. The Star Bar will employ assigned door security (this does not include either a working bartender or the owner) as follows: a) Wednesday and Thursdays -one security personnel b) Friday and Saturdays -two security personnel The aforementioned personnel shall be on duty from 7:00 p.m, until closing and shall check for both proper age identification and enforce non - admittance to individuals who are overly intoxicated. 2. Security will walk the Star Bar parking lots once per hour Sunday through Thursday, and the Star Bar and adjacent "Discount 70" lot once per hour on Fridays and Saturdays. 3. All Star Bar employees shall monitor the well being of patrons leaving the premise and take corrective actions as needed to ensure safety to the individual and /or other customers and property. 4. Serving shall be done in a manner consistent with the State of Minnesota liquor laws. 5. External cameras for parking lot security shall be installed by June 1, 2011, and reasonable access shall be given to the Police Department for arty recorded medium, both internal and external to the business operation. 6. Every bartender shall annually attend an Alcohol Awareness and Server Training program. 7. Three calls that constitute an "excessive calls for service ", based on City Ordinance, will result in a tine established for this type of infraction. In addition, staff will forward a recommendation for a City Council hearing and a suspension for the operation of the business for seven working days. 8. If a suspension occurs, a new Mitigation Plan will be developed with a recommendation which may include increasing the severity of suspension time up to, and including, revocation of the license. 9. Nothing in this Mitigation Plan shall preclude the City Council from taking actions that increase the suspensions greater than those stated in item number 7, or revocation of the license, if events are deemed to be injurious to the health and safety of the community. The signatures contained below signify that the Agreement that is being entered into is what was discussed and agreed upon as necessary to remedy issues at the Star Bar. 82 Dated: 6- i 2 6;'/ Dated: d The City of Columbia Heights Star Bar Management LLC // By: By: Scott Clark obert Moreland, President Community Development Director . By: • e adeau Police Chief 83 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: October 10, 2011 AGENDA SECTION: Public Hearings ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL ITEM: Adopt Resolution 2011 -114 being BY: Jeff Sargent, City Planner BY: //' O Resolution for the Approval of a DATE: October 5, 2011 Conditional Use Permit for an LED sign and Resolution 2011 -115 being a Resolution for the Approval of a variance for a sign located at 590 — 40 Avenue NE. BACKGROUND: At this time the City of Columbia Heights is requesting a Conditional Use Permit (CUP) for the installation of an LED sign for City Hall, located at 590 — 40 Avenue NE, per Code Section 9.106 (P)(13)(c). In conjunction with the CUP, the City is also seeking a variance to allow an LED sign to occupy more than 60% of the sign area per Code Section 9.106 (P)(8)(a) 1. The proposed LED sign will replace the existing reader board sign adjacent to City Hall along 40 Avenue. The current location for this sign offers the best viewing of the sign and would more easily promote upcoming events that the city would like to advertise for. The previous reader board sign offered a large area for the placement of letters needed to promote events. City staff would like to be able to retain as much of that signage space as possible with the new LED sign. The proposed LED portion of the sign will be 9' x 4', with some space above for the words "City of Columbia Heights ". For this reason, a variance to the requirement that the LED sign could occupy no more than 60% of the total sign area is needed. The City Hall LED sign will also be required to meet all other regulations governing LED signs, which have been attached as conditions of approval. RECOMMENDATION: The Planning and Zoning Commission held a Public Hearing for the request on October 4, 2011. The Planning Commission recommended approval of the Conditional Use Permit with a 5 -0 vote. RECOMMENDED MOTION: MOTION: Move to waive the reading of Resolution 2011 -114, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2011 -114, approving the Conditional Use Permit for an LED sign located at 590 — 40 Avenue NE, subject to the conditions outlined in Resolution No. 2011 -114. MOTION: Move to waive the reading of Resolution 2011 -115, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2011 -115, approving a variance to allow greater than 60% of a sign to be occupied by an LED, subject to the conditions outlined in Resolution No. 2011 -115. Attachments: Resolution 2011 -114; Resolution 2011 -115; P +Z Memo; Location Map; Sign Detail COUNCIL ACTION: 84 RESOLUTION NO. 2011 -114 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR COLUMBIA HEIGHTS CITY HALL WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2011 -0901) has been submitted by City Staff to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 950 — 40 Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.106 (P)(13)(c), to allow a dynamic LED sign in the PO, Public and Open Space District WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on October 4, 2011; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use permit 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 of the Planning Commission: 1. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on -site circulation of traffic. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. 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: 85 Resolution No. 2011 -114 Page 2 1. The dynamic LED sign may not change or move more often than once every ten (10) seconds, except one for which changes are necessary to correct hour - and - minute, date, or temperature information. 2. A display of time, date or temperature information may change as frequently as once every five (5) seconds, however information displayed not relating to the date, time or temperature must not change or move more often than once every ten (10) seconds. 3. The images and messages displayed must be static, and the transition from one state display to another must be instantaneous without any special effects. Motion, animation and video images are prohibited on dynamic LED sign displays. 4. The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign. 5. The dynamic LED signs must be designed and equipped to freeze the device in one position if a malfunction shall occur. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the city that it is not complying with the standards of this ordinance. 6. The dynamic LED signs may not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign's face at maximum brightness. The dynamic LED signs must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one -half hour before sunset and one half -hour after sunrise. Passed this 10 day of October 2011 Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 86 RESOLUTION NO. 2011-115 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONSOF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR COLUMBIA HEIGHTS CITY HALL WHEREAS, a proposal (Case # 2011 -0901) has been submitted by City Staff to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 590 — 40 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A variance to allow an LED sign to occupy greater than 60% of the sign area per Code Section 9.106 (P)(8)(a)1. WHEREAS, the Planning Commission has held a special public hearing as required by the City Zoning Code on October 4, 2011; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: 1. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, where strict adherence to the provisions of this Ordinance would cause undue hardship. 2. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. 3. The difficulty or hardship is caused by the provisions of this Ordinance and has not been created by any person currently having legal interest in the property. 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. 5. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. FURTHER, BE IT RESOLVED, that the attached plans, maps, and other information shall become part of this variance and approval; and in granting this variance the city and the applicant agree that this variance 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. 87 Resolution No. 2011 -115 Page 2 CONDITIONS ATTACHED: 1. All application materials, maps, drawings, and descriptive information submitted with the application shall become part of the permit. Passed this 10 day of October, 2011 Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 88 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2011 -0901 DATE: October 3, 2011 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights LOCATION: 590 — 40 Avenue NE REQUEST: Conditional Use Permit, Variance for LED Monument Sign PREPARED BY: Jeff Sargent, City Planner INTRODUCTION At this time the City of Columbia Heights is requesting a Conditional Use Permit (CUP) for the installation of an LED sign for City Hall, located at 590 — 40 Avenue NE, per Code Section 9.106 (P)(13)(c). In conjunction with the CUP, the City is also seeking a variance to allow an LED sign to occupy more than 60% of the sign area per Code Section 9.106 (P)(8)(a) 1. COMPREHENSIVE PLAN The Comprehensive Plan guides this area for Institutional uses. Enabling City Hall to more efficiently promote events and information pertaining to the City welfare through the use of an electronic display sign is consistent with the goals outlined in the Comprehensive Plan. ZONING ORDINANCE The property located at 590 — 40 Avenue NE is located in the PO, Public and Open Space District. The properties to the east are zoned LB, Limited Business, the properties to the north are zoned LB and GB, General Business, the properties to the west are zoned GB and R -3, Multiple Family Residential, and the property to the south is Huset Park, zoned PO, Public and Open Space. Digital LED signs are permitted as a Conditional Use in the PO, Public and Open Space District. The proposed LED sign will replace the existing reader board sign adjacent to City Hall along 40 Avenue. The current location for this sign offers the best viewing of the sign and would more easily promote upcoming events that the city would like to advertise for. The previous reader board sign offered a large area for the placement of letters needed 89 City of Columbia Heights Planning Commission October 4, 2011 City Hall - LED Signage Case # 2011 -0901 to promote event. City staff would like to be able to retain as much of that signage space as possible with the new LED sign. The proposed LED portion of the sign will be 9' x 4', with some space above for the words "City of Columbia Heights ". For this reason, a variance to the requirement that the LED sign could occupy no more than 60% of the total sign area is needed. The City Hall LED sign will also be required to meet all other regulations governing LED signs, which have been attached as conditions of approval. City Code allows for LED signs to be placed on pylon signs in the PO, Public and Open Space District. FINDINGS OF FACT (Conditional Use Permit) Section 9.104 (H) of the Zoning Ordinance outlines nine conditions that must be met in order for the City Council to grant a Conditional Use Permit. They are as follows: (a) The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. Digital LED signs are specifically listed as a Conditional Use in the PO, Public and Open Space District. (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan guides this area for Institutional uses. Enabling City Hall to more efficiently promote events and information pertaining to the City welfare through the use of an electronic display sign is consistent with the goals outlined in the Comprehensive Plan. (c) The use will not impose hazards or disturbing influences on neighboring properties. The City will have to abide by specific development standards as they relate to LED signs. These standards were adopted to help ensure a limiting disturbing influence on neighboring properties. Given the location of the proposed sign and its orientation to 40 Avenue, staff feels that the use will not impose hazards on the neighboring properties. (d) The use will not substantially diminish the use of property in the immediate vicinity. The use of property in the immediate vicinity will not be diminished by the placement of a digital LED sign at 590 — 40 Avenue. Page 2 90 City of Columbia Heights Planning Commission October 4, 2011 City Hall - LED Signage Case # 2011 -0901 (e) The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. The City will have to abide by specific development standards as they relate to LED signs. These standards will help ensure compatibility with the appearance of the existing surrounding area. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. This is correct. (g) Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on -site circulation of traffic. The use of a digital LED sign at this location will influence traffic congestion. (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses is the immediate vicinity. By subjecting the use of a digital LED sign to specific development standards, it is intended that the use will not cause a negative cumulative effect. (i) The use complies with all other applicable regulations for the district in which it is located. This is correct. FINDINGS OF FACT (Variance) Section 9.104 (G) of the Zoning Ordinance outlines five findings of fact that must be met in order for the City Council to grant a variance. They are as follows: a) Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause undue hardship. The property on which the proposed sign will be located is oddly shaped. Staff initially proposed the idea of placing the LED sign on a monument near the intersection of 40th Avenue and Mill Street. Upon further insight, it was determined that the public would best be able to view the new sign if it was located in the same spot as the existing reader board. Because of the Page 3 91 City of Columbia Heights Planning Commission October 4, 2011 City Hall - LED Signage Case # 2011 -0901 construction of such signs, and because the proposed LED sign will utilize the same pylon supports, it becomes very difficult to construct an LED sign that occupies no more than 60% of the sign area. b) The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. City Hall is placed on a very narrow and oddly shaped piece of land. Replacing the current reader board sign with a new LED sign would offer the best viewing of the sign by the general public. This is also the only piece of Public and Open Space land that would incorporate an LED sign on an existing pylon sign. The circumstances surrounding this piece of property are unique in the City for these reasons. c) The difficulty or hardship is caused by the provisions of this article and has not been created by any person currently having a legal interest in the property. The provisions of the Zoning Code related to LED signs apply mostly to monument signs. The PO District al lows for LED signs to be placed on pylons, but does not take into consideration the hardship involved in constructing an LED sign meeting the 60% criteria. No action by the City has caused the hardship for the need of the variance. d) The granting of the variance is in harmony with the general purpose and intent of the comprehensive plan. The Comprehensive Plan guides this area for Institutional uses. Enabling City Hall to more efficiently promote events and information pertaining to the City welfare through the use of an electronic display sign is consistent with the goals outlined in the Comprehensive Plan. e) The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. The use of property in the immediate vicinity will not be diminished by the placement of a digital LED directly on the north property line adjacent to 40 Avenue. RECOMMENDATION Staff recommends approval of the proposed CUP and variance to allow an LED sign to occupy more than 60% of the sign area for City Hall located at 590 — 40 Avenue NE. Page 4 92 City of Columbia Heights Planning Commission October 4, 2011 City Hall - LED Signage Case # 2011 -0901 Motion: That the Planning Commission recommends that the City Council approve the Conditional Use Permit for a for a digital LED sign for City Hall located at 590 — 40 Avenue, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. The dynamic LED signs may occupy no more than sixty percent (60 %) of the actual copy and graphic area. The remainder of the sign must not have the capability to have dynamic LED signs, even if not used. Only one, contiguous dynamic display area is allowed on a sign face. 2. The dynamic LED sign may not change or move more often than once every ten (10) seconds, except one for which changes are necessary to correct hour -and- minute, date, or temperature information. 3. A display of time, date or temperature information may change as frequently as once every five (5) seconds, however information displayed not relating to the date, time or temperature must not change or move more often than once every ten (10) seconds. 4. The images and messages displayed must be static, and the transition from one state display to another must be instantaneous without any special effects. Motion, animation and video images are prohibited on dynamic LED sign displays. 5. The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign. 6. The dynamic LED signs must be designed and equipped to freeze the device in one position if a malfunction shall occur. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the city that it is not complying with the standards of this ordinance. 7. The dynamic LED signs may not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign's face at maximum brightness. The dynamic LED signs must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one -half hour before sunset and one half -hour after sunrise. Motion: That the Planning Commission recommends that the City Council approve the variance to allow an LED sign to occupy more than 60% of the sign area, subject to Page 5 93 City of Columbia Heights Planning Commission October 4, 2011 City Hall - LED Signage Case # 2011 -0901 certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. All application materials, maps, drawings, and descriptive information submitted with the application shall become part of the permit. ATTACHMENTS • Draft Resolution • Location Map ■ Elevations Page 6 94 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: October 10, 2011 AGENDA SECTION: Other Ordinances and ORIGINATING DEPARTMENT: CITY MANAGER'S Resolutions Community Development APPROVAL NO: ITEM: 1st Reading of Ordinance 1604, being a BY: Jeff Sargent, City Planner BY: ��� Zoning Amendment as it relates to Variances DATE: October 5, 2011 BACKGROUND: In 2010, the Minnesota Supreme Court issued a decision that changed the longstanding interpretation of the statutory standard for granting variances. In the case of Krummenacher v. City of Minnetonka, the Supreme Court narrowly interpreted the definition of "undue hardship" and held that the "reasonable use" prong of the "undue hardship" test was not whether the proposed use is reasonable, but rather whether there was reasonable use in the absence of the variance. This was a much stricter standard, which considerably limited variance opportunities. On May 5, 2011, Governor Dayton signed 2011 Minnesota Laws, Chapter 19, amending Minnesota Statutes, section 462.357, subdivision 6 to restore municipal variance authority in response to Krummenacher v. City of Minnetonka. The new law now allows for variances to be granted based on whether the proposed use is a reasonable one, but happens to not conform to underlying zoning regulations. The new law renames the municipal variance standard from "undue hardship" to "practical difficulties," but otherwise retains the familiar three - factor test of (1) reasonableness, (2) uniqueness, and (3) essential character. This means that the proposed use has to be a reasonable one for the property, conditions of the property have to be unique enough to warrant the variance, and the granting of the variance would not alter the essential character of the neighborhood in which the variance is granted. Code Section 9.104 (G) relates to the variance procedure for the City of Columbia Heights. The language currently used to describe the instances in which the City Council may grant a variance uses the term "undue hardship." Even so, the current language would still suffice and would be applicable for the City Council to grant a variance. However, to be more consistent with the recent legislation regarding variances, City Staff recommends a text amendment to the ordinance that substitutes the term "undue hardship" with the term "practical difficulties." RECOMMENDATION: The Planning and Zoning Commission held a Public Hearing for the request on October 4, 2011. The Planning Commission recommended approval of the Zoning Amendment with a 5 -0 vote at the meeting. RECOMMENDED MOTIONS: MOTION: Move to waive the reading of Ordinance No. 1604, there being ample copies available to the public. MOTION: Move to set the second reading of Ordinance No. 1604, for Monday, October 10, 2011, at approximately 7:00 p.m. in the City Council Chambers. Attachments: Draft Ordinance 1604 (F Reading Format), P +Z Report COUNCIL ACTION : 96 ORDINANCE NO. 1604 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING THE VARIANCE PROCEDURE AND REQUIREMENTS WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.104(G) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.104 ADMINISTRATION AND ENFORCEMENT. (G) Variances. (1) Purpose. The purpose of a variance is to provide a means of departure from the literal provisions of this article. where strict adherence would cause undue hardship because of circumstances unique to the property. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. It is not the intent of this section to allow a variance for a use that is not permitted within a particular zoning district. (2) Right of Application. Any person with a legal interest in the property may file an application for one or more variances. (3) Application for variance. An application for a variance shall be filed with the Zoning Administrator on the approved form and shall be accompanied by a site plan and any other information determined by the Zoning Administrator to be necessary. (4) Public hearing. The Planning Commission, sitting as the Board of Appeals and Adjustments, shall hold a public hearing on the complete application for a variance in accordance with the requirements of this section. After the close of the hearing, the Planning Commission shall make findings and submit its recommendation to the City Council. (5) City Council action. The City Council shall make the final decision regarding an application for a variance from the provisions of this article. Approval of a variance shall require a simple majority vote of the City Council. (6) Required findings. The City Council shall make each of the following findings before granting a variance from the provisions of this article: (a) Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause undue hardship practical 97 difficulties in conforming to the zoning ordinance. The applicant, however, is proposing to use the property in a reasonable manner not permitted by the zoning ordinance. (b) The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. (c) The difficulty or hardship is practical difficulties are caused by the provisions of this article and has not been created by any person currently having a legal interest in the property. (d) The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. (e) The granting of the variance will not be materially detrimental or the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. (7) Conditions of approval. The City Council may establish any reasonable conditions of approval that are deemed necessary to mitigate adverse impacts directly associated with granting of the variance and to protect neighboring properties. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: October 10, 2011 Second Reading: October 24, 2011 Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk/Council Secretary 98 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2011 -0902 DATE: September 7, 2011 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights LOCATION: City Wide REQUEST: Zoning Amendment for Variances PREPARED BY: Jeff Sargent, City Planner INTRODUCTION In 2010, the Minnesota Supreme Court issued a decision that changed the longstanding interpretation of the statutory standard for granting variances. In the case of Krummenacher v. City of Minnetonka, the Supreme Court narrowly interpreted the definition of "undue hardship" and held that the "reasonable use" prong of the "undue hardship" test was not whether the proposed use is reasonable, but rather whether there was reasonable use in the absence of the variance. This was a much stricter standard, which considerably limited variance opportunities. On May 5, 2011, Governor Dayton signed 2011 Minnesota Laws, Chapter 19, amending Minnesota Statutes, section 462.357, subdivision 6 to restore municipal variance authority in response to Krummenacher v. City of Minnetonka. The new law now allows for variances to be granted based on whether the proposed use is a reasonable one, but happens to not conform to underlying zoning regulations. The new law renames the municipal variance standard from "undue hardship" to "practical difficulties," but otherwise retains the familiar three - factor test of (1) reasonableness, (2) uniqueness, and (3) essential character. This means that the proposed use has to be a reasonable one for the property, conditions of the property have to be unique enough to warrant the variance, and the granting of the variance would not alter the essential character of the neighborhood in which the variance is granted. Code Section 9.104 (G) relates to the variance procedure for the City of Columbia Heights. The language currently used to describe the instances in which the City Council may grant a variance uses the term "undue hardship." Even so, the current language would still suffice and would be applicable for the City Council to grant a variance. However, to be more consistent with the recent legislation regarding variances, City Staff recommends a text amendment to the ordinance that substitutes the term "undue hardship" with the term "practical difficulties." COMPREHENSIVE PLAN The purpose of a variance is to provide a means of departure from the literal provisions of the Zoning Code, given that a set of criteria is adhered to. Since this is a procedure allowed for any zoning district throughout the city, it is consistent with the intent of the Comprehensive Plan. 99 City of Columbia Heights Planning Commission September 7, 2011 City of Columbia Heights, Variances Case # 2011 -0902 FINDINGS OF FACT Section 9.104 (F) of the Columbia Heights zoning code requires that the City Council make each of the following four findings before approving a zoning amendment: 1. The amendment is consistent with the Comprehensive Plan. The purpose of a variance is to provide a means of departure from the literal provisions of the Zoning Code, given that a set of criteria is adhered to. Since this is a procedure allowed for any zoning district throughout the city, it is consistent with the intent of the Comprehensive Plan. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed amendment deals with the regulations for obtaining a variance from the Zoning Code. The proposed amendment was triggered by a state legislative change and not by a single property owner. For this reason, the proposed amendment will benefit all residents and business owners in the city. 3. Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. The amendment would not change the zoning classification of a particular property. 4. Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in the current zoning classification. The amendment would not change the zoning classification of a particular property. RECOMMENDATION Motion: That the Planning Commission recommends that the City Council approve the proposed zoning amendment. Attachments • Draft zoning ordinance Page 2 100 CITY COUNCIL LETTER Meeting of: October 10 2011 AGENDA SECTION: CONSENT ORIGINATING CITY MANAGER NO: DEPARTMENT: PUBLIC WORKS ITEM: APPROVAL TO PURCHASE ONE BY: Kevin Hansen BY:A''Q °�"/ COLORED LED SIGN FOR CITY HALL DATE: 10/6/11 DATE: The liquor stores on Central Avenue and 37 Avenues have either installed or are in process of constructing color LED signs. LED signs provide an excellent and cost - effective method of advertising public business and providing an additional resource for information. The sign for City Hall that staff is recommending would be similar in display area, with a metal frame and City identification on top. The existing posts would be fitted with shrouding for improved appearance. Staff has received three price quotes from three competitive sign companies to install a 4' x 9' color LED sign that would fit on top of the existing pylons, replacing the current letterboard sign at City Hall. The proposed sign would provide full color display on both sides. Staff has been working with the three vendors and their proposals to ensure that we receive the best quality, most cost - effective sign to fulfill our needs. The bids, installed complete, are as follows: • Hoeft Signs - $29,500 • J & L Signs - $35,100* • Signarama Signs - $45,909 * quoted 20 mm display (higher resolution). The Planning & Zoning Commission recommended a conditional use permit for the LED sign at City Hall at their October Planning & Zoning agenda. Funding for the LED sign would be provided 411- 41940 -5120. It should be noted that the low bidder, Hoeft signs, was also the contract installer for the two liquor store LED signs. The City has experienced significant delays for the delivery and installation of the 37 Avenue sign, by several months. Recognizing this, and Hoeft signs bid provides a cost saving of 19 %, a firm timeframe for delivery and installation of not to exceed 45 days should be placed on the contract or it may be terminated for consideration of the next low bidder. RECOMMENDED MOTION: Authorize the purchase of one color LED sign from Hoeft Signs in the amount of $29,500 to replace the letterboard sign located at 590 40 Avenue; with funds appropriated from Fund 411- 41940 -5120; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. Attachment: Sign Rendering COUNCIL ACTION: 101 Arterial Study - Metro Transit http: / /www.metrotransit .org/arterial- study.aspx Q MetroTransit SHOP Sen. r> > the fvf,reapo: Maps & Schedules Fares & Passes Rider Services News & Events About Metro Transit enter search terms Go Home > About Metro Transit > Transit Improvements > Arterial Study Arterial Transit Corridor Study (ATCS) Metro Transit will hold public meetings on a study of 11 urban corridors. These areas • have high - ridership bus routes that connect major destinations and are candidates for implementation of "rapid bus" service. 4t. 8 The concept would improve travel speed, increase reliability, enhance the ride and create faster connections. Making these things a reality requires eliminating delays: from cutting QS the time it takes to board, reducing the time buses wait at traffic lights and lessening time p ia N spent in traffic congestion. Lake A "rapid bus" system would have vehicles that feature low floors and allow boarding from • c °�, e‘ ■‘• either door. Fares would be paid before boarding — just as on light rail — so more time is , s '" spent moving rather than at stops. Trips would be frequent with fewer stops per mile. Stations would have enhanced information displays and better lighting and climate control. AFnencan 5 " > See an overview of the rapid bus concept for the region > Timeline / Next steps Attend a public meeting to learn more Tuesday, Oct. 11, 6 to 8 p.m. Metro State University, Founders Hall 700 E. 7th St., St. Paul Nearby bus routes: 61, 63 and 74 Parking ($2.50) is available on Maria St. between E. 6th and 7th streets, across from Founders Hall. Wednesday, Oct. 12, 6 to 8 p.m. Midtown Global Market, basement meeting room 920 E. Lake St., Suite G10, Minneapolis Nearby bus routes: 5, 21, 27, 39 and 53 Paid parking is available across 10th Avenue from the Midtown Exchange — it can be validated with a purchase from any Midtown Market vendor. Metered parking is also available on Elliot Avenue but cannot be validated. Thursday, Oct. 13, 11 a.m. to 12:45 p.m. Central Library, Doty Board Room, N -280 300 Nicollet Mall, Minneapolis The library is served by many local and express bus routes. Find your route with the Trip Planner. Public parking is located on 4th St. between Hennepin and Nicollet for $3 /hour or $4 for two hours. Tuesday, Oct. 18, 6 to 8 p.m. Fridley Community Center 6085 7th St. NE, Fridley Nearby bus route: 10 (University Avenue branch) Give us your thoughts Tell us what you think about the rapid bus concept. E -mail Metro Transit Service Development at ATCS @metc.state.mn.us. CONTACT US 1 SITE MAP 1 PRIVACY POLICY 1 02011 METRO TRANSIT Follow us on: (11 You el Espanol / Lus Hmoob / Soomaali Metro Transit is a service of the Metropolitan Council 1 of 1 10/10/2011 1:36 PM Arterial BRT Corridors www.metrocouncil.or Description Arterial bus -rapid transit (BRT) involves a combination of service and facility improvements along existing high ridership local bus corridors in urban areas. Bus -rapid transit provides improved speed, frequency, and reliability by upgrading bus and station quality. The region's 2030 Transportation Policy Plan recommends the arterial BRT service concept for corridors with high ridership potential where there is not enough right -of -way for a dedicated transit runningway. The corridors are being studied collectively throughout 2011 to develop facility and service plans to enhance efficiency, speed, reliability, customer amenities and transit market competitiveness. Eleven arterial corridors are included in the study: West Broadway Avenue, Central Avenue, Snelling Avenue, Robert Street, East Seventh Street, West Seventh Street, Nicollet Avenue, Chicago Avenue, American Boulevard, Hennepin Avenue, and Lake Street, In addition to the core cities of Minneapolis and St. Paul, communities served include first- and second -ring suburban cities. The study will also identify promising corridors where environmental and engineering work should proceed, with service implementation as early as 2014. Project Status and Timeline MILESTONE DATE Arterial transitways study 2011 Environmental assessment /engineering 2012 thru 2014 Begin service operations 2014 Implement up to six arterial corridors 2014 thru 2020 Implement up to three additional corridors 2021 thru 2030 RIDERSHIP Routes serving the corridors in the study carry more than 85,000 riders combined each weekday. Future ridership forecasts will be developed as part of the study. Other regions implementing arterial BRT improvements have experienced increases between 15 percent and 40 percent in ridership. CAPITAL COSTS The study will determine specific capital costs, but similar projects in other regions typically have cost ranges from $2 million to $5 million per corridor mile (in 2010 dollars), including technology, buses, and station improvements. Individual corridors are between 4 and 12 miles long. FUNDING SOURCES No funding has been secured for arterial BRT engineering and construction. The Metropolitan Council is funding the $324,000 feasibility study through federal planning funds and local matching funds. OPERATING COSTS The study and subsequent corridor service planning will determine specific annual operating costs. Operating cost increases will be partially offset by faster operation of existing corridor resources and by local service reductions. 31 Arterial BRT Corridors* January 2011 ti Q. O z k c p { �4 1 6 ' r O 2 e Street n � v ..L 411111111N At 1.4 *Corridors to be evaluated in 2011 study. LEAD AGENCY Metropolitan Council PROJECT CONTACTS John Levin Director of Service Development Metro Transit 560 Sixth Ave. N. Minneapolis, MN 55411 612.349.7789 john.levin@metc.state.mn.us It Metropolitan Council 32 N a• � U T �, C `s U q i L- C 4:;11/ ., i t � , O r ' - -Ig "j 'a J4 0 n V) N L eci 0 L U 0. >. Q Ce 0 o C mom H cd c6 Q o Q) L s (I) co t c ' (1) O C 2 43 41■••=11. E td; oo o 41 t L-- ., O Q O _ N (6 v CD . _ . V U v ' v •1 Q 4- • � , 0 , 1 (/) • --- . 4—) v O u I 1 1 1 _ .4....i v i • i 4 J \ ) la) z W c CAA .0 ':, 0.� W CU C ` • 1." I. • (..) ' cn II ?• U 0 aJ i % -- (1) U V) . , (/� L v') ur* _At: Q sz. 73 V) 4) 03 CC • O � i • L Ql CU .0. = 41 " v.) eV 4-, 0 (1) 0.. a) 4 _, 0...----.1 v) .- Q. cn c > o u O 1.1 co -1-1 (15 -1:1 � L M 1 Q) N cn Me 4) 0D to as L t co ca L U 4.) 1=01 Q. 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E Q 0 Q) 0 Ii , ,a 13 ■ L , Ill (13 2 ` ' t t O v j i 111•1•111 ,,,, . , M. i r Ilia Y . , '4_ • ' ` j .1 U31N33 NMON0 • 4D .• 74- —. 1 v I 4 , : a ., x. 1 „, . CU _ C1C CI) i .-._ - A' V / L a) ' - IYJ ! O a v :_� .: ii) 1..,) O \ E a u • _ Rmarfinla,. K Icha V >' N d tom — , _ , 11 ' i � V ..� au 1 1 1 ;� � � O %-i 1' v r-I N -U)- ; ti a . �' Q R O :; 0 W .41+ ':1 c cn ` . Vf dJ a--• - '.. m p U _,,,, ,. o 12. 1-- ...c moa 11..*_-.-. _ Jo CIC I '� oC v D s_ il . • . ,g . , U) Q C (3 CD G a O v o ,U p Q) cn = c cu C ca U Q 0 N I) W N L_. +_+ — N i H Q cla U N O L CU " 4—' U � v 2 o u . CU 0 0 Cti o 0 E N � ca 0 v ca a " co CU CD .E `( — 0 c 0 °' o 0. t z : t/1 Arterial Transitway Corridors Study Technical Memorandum #1: Existing Conditions Purpose and Need Project History In 2008, Metropolitan Council completed the 2030 Transit Master Study. This study evaluated and ranked more than two dozen potential rail and busway corridors. The study also identified local, arterial, and express bus service improvements, as well as land use and demographic issues that affect transit. The 2030 Transit Master Study screened high ridership arterial corridors for their potential for light rail transit (LRT) or dedicated busways. Although some of the arterial corridors showed promising ridership results for LRT, high costs and limited right -of -way in the corridors meant that LRT or dedicated busways were most likely not feasible. The study showed that substantial ridership growth could still be achieved through faster service and higher frequency in these corridors. This would help provide faster more efficient transit service which will likely increase ridership — helping reach the goal of doubling ridership by 2030 as stated in the TPP. The TPP incorporated the results /recommendations of the 2030 Transit Master Study. The TPP established Arterial BRT as a variation of BRT that should be studied and implemented in nine corridors: Central Avenue, Snelling Avenue /Ford Parkway, West Broadway, Nicollet Avenue, Chicago Avenue, East 7th Street, Robert Street, West 7th Street, and American Boulevard. This study will evaluate and recommend improvements to the nine corridors identified in the TPP, as well as the Lake Street and Hennepin Avenue corridors, which were added due to other factors. In addition to the studies completed by Metropolitan Council, other studies have been completed by partner agencies on some of the identified corridors. These additional studies are: • Robert Street Transit Feasibility Study (Dakota County, 2008) • Minneapolis Streetcar Feasibility Study (City of Minneapolis, 2007) • Minneapolis Streetcar Funding Study (City of Minneapolis, 2010) Purpose and Need for Improvements The purpose of arterial transitway corridor improvements is to improve customer experience and mobility between major destinations along high demand, physically constrained transit corridors. The eleven corridors to be studied and evaluated for improvements all have unique attributes; however, they share many common challenges to improving corridor mobility and experience. Transit service in each corridor forms a critical element of the regional transportation system. The corridors are in highly developed areas with robust existing bus service. In each of the corridors, an increase in population, households, and employment is expected. Traditional approaches to transit service provision may not meet growing transit demand along these corridors. The eleven study corridors also face speed and reliability challenges. Slow travel speeds result from traffic congestion, signal delay, and passenger boarding delay. Slow speeds make service less reliable and less attractive, but also increase costs. Some corridors have upcoming roadway projects that, if coordinated with transit improvements, could better accommodate transit services. Based on the SRF Consulting Group Team DRAFT 4/12/2011 Page 129 Arterial Transitway Corridors Study Technical Memorandum #1: Existing Conditions information presented in this memorandum, Table 53 provides a summary of the eleven study corridors' problems, needs, and opportunities. 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L L .c 1:- Y id Y "O 'O N E ,Q L L L L V, . cn O V) (Q (6 p 0 j a a Q 1 - 0 Li 2 = U U w W to U 0 oc a 63 u L9 � m a O Arterial Transitway Corridors Study Technical Memorandum #1: Existing Conditions Arterial Transitway Goals Arterial transitway treatments in the eleven study corridors focus on achieving the following goals: 1. Provide mobility benefits by more quickly connecting major destinations along study corridors. 2. Support area development plans, forecast growth assignment, and redevelopment potential. 3. Seamlessly integrate with existing systems. 4. Meet Transportation Policy Plan ridership goals. 5. Provide affordable transportation improvements. In upcoming phases of the Arterial Transitway Corridors Study, concept plans will be evaluated or developed for the arterial transitway modes in each of the corridors to best meet the identified goals. Once the concept plans are developed, evaluation criteria will be developed to help summarize the findings for each of the corridors. These criteria will help prioritize the projects for implementation. SRF Consulting Group Team DRAFT 4/12/2011 Page 132