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HomeMy WebLinkAbout10/10/11 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY, OCTOBER 10, 2011 The following are the minutes for the regular meeting of the City Council held at 7:15 p.m. on Monday, October 10, 2011 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL /INVOCATION Pastor Dan Thompson, Columbia Heights Assembly of God gave the Invocation. Present: Mayor Peterson, Council member Nawrocki, Council member Diehm, Council member Schmitt Absent: Council member Williams PLEDGE OF ALLEGIANCE - recited ADDITIONS /DELETIONS TO MEETING AGENDA Nawrocki indicated Jim Molinaro, from Public Works, has retired after serving 36 years. The Fire Department held their open house last Saturday. He asked that the budget be placed for discussion under the manager's report. He submitted a check for food served at the budget work session. This is in line with the motion that Council members not accept food. Diehm asked that the record reflect the motion was that Council members not receive reimbursement for out of pocket expenses. Peterson thanked him for the donation. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Proclamation - Homelessness Awareness Month Mayor Peterson read the proclamation. Heather Reis, Executive Director of Stepping Stone Emergency Housing accepted the proclamation. The count in January of 2010 indicated there are 1,240 homeless individuals in Anoka County. Peterson thanked her for their hard work. B. Proclamation - 2011 Polish American Heritage Month Proclamation Mayor Peterson read the proclamation. Dolores Strand, Patricia Sowada, and Gloria Bergstrom, representatives of the Sister City organization accepted the proclamation. Strand conveyed the greetings from the officials and residents of Lomianki, Poland. Pictures of the events attended were shown including a special city council meeting, the yearly commemorative WWII ceremony, the children's hospital, the library, police department, and fire department. This is the 20` anniversary of our Sister City relationship with Lomianki, Poland. The City of Lomianki presented us with a Polish Lead Crystal vase, which the representatives presented to the City Council. CONSENT AGENDA Nawrocki requested to remove items D, E, and G for discussion. City Manager Walt Fehst took Council members through the remaining consent agenda items. A. Approve City Council meeting minutes Motion to approve the minutes of the September 26, 2011 City Council meeting. Motion to approve the minutes of the October 3, 2011 Levy and Assessment Seal Coat Hearing. Motion to approve the minutes of the October 3, 2011 Levy and Assessment Zone 6 Street City Council Minutes Monday, October 10, 2011 Page 2 of 13 Improvement Hearing. Motion to approve the minutes of the October 3, 2011 Special Assessment Roll and Levy for Delinquent Accounts. B. Minutes of Boards and Commissions Motion to accept the minutes of the June 8, 2011 Park and Recreation Commission meeting. Motion to accept the minutes of the September 7, 2011 Library Board meeting. 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 Motion 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 History Background Investigations - removed E. Award Demolition of 4133 2nd Street - removed F. Ado •t Resolution 2011 -106 confirmin . Tax Forfeited land classifications Motion to waive the reading of Resolution 2011 -106 there being ample copies available to the public. Motion 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 Avenue - removed H. Adopt Resolution 2011 -109 authorizing staff to apply for DEED funds 3930 University Avenue. Motion to waive the reading of Resolution 2011 -109 there being ample copies available to the public Motion 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 I. Award of professional engineering services for the Argonne Sanitary Sewer Lift Station, municipal project #1114 Motion to award the Argonne Sanitary Sewer Lift Station Improvements, Municipal Project #1114, to the consulting engineering fiiul 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. City Council Minutes Monday, October 10, 2011 Page 3 of 13 J. Approve Business License Applications Motion to approve the items as listed on the business license agenda for October 10, 2011 as presented. K. Review payment of the bills Motion 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 by Diehm, second by Schmitt, to approve the Consent Agenda items, with the exception of items D, E, and G. Upon vote: All ayes. Motion carried. D. First Reading: Ordinance 1602 re: Authorizing the Police Department to Conduct Criminal History Background Investigations Police Chief Scott Nadeau stated that in an audit it was discovered some of our wording was out of date for routine background checks. This will make it consistent with changes to State Statutes. Jim Hoeft, City Attorney, stated this is a housekeeping item from the BCA. Motion by Diehm, second by Nawrocki, to waive the reading of Ordinance No. 1602, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second Schmitt, 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. Upon vote: All ayes. Motion carried. E. Award Demolition of 4133 2nd Street Nawrocki questioned when the property was purchased. Sheila Cartney, Assistant Community Development Director, stated the property was purchased in June by the EDA for $21,000. This will be funded through the scattered site redevelopment fund. Motion by Diehm, second by Schmitt, 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. Upon vote: All ayes. Motion carried. G. Adopt Resolution 2011 -108 requesting funds for clean -up grant equity match at 3930 University Avenue Scott Clark, Community Development Director, stated that in July the Root property went into tax forfeiture, which goes to the State and is managed by Anoka County. This property has some contamination. The city will work to clean up the property with an environmental restitution grant. This will cost the city $10,000. Schmitt asked if this is different from the scattered site fund. Clark stated yes. Motion by Diehm, second by Schmitt, to waive reading of Resolution 2011 -108 there being ample copies available for the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Schmitt, 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 City Council Minutes Monday, October 10, 2011 Page 4 of 13 investigation clean -up grant for 3930 University Avenue in the City of Columbia Heights. Upon vote: All ayes. Motion carried. PUBLIC HEARINGS A. Adopt Resolution 2011 -107 Certification of Scattered Site Housing TIF District Peterson stated the EDA met prior to this meeting to vote on the issue. Clark stated that in April of 2008 the City's EDA recognized there were funds from an old taxing district to use for redevelopment. He explained the problems and issues with the homes to be purchased and demolished, and putting the properties back on the market. There will be two ways to recapture funds 1) sale of the property and 2) the tax increment. This is a 25 year project to address homes that are 100 to 125 years old. Motion by Schmitt, second by Diehm, to waive the reading of Resolution 2011 -107 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Schmitt, second by Diehm, 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. Nawrocki stated he opposed the motion as that money was not used for regular city purposes, therefore tax payers had to make up that amount. This action would continue to divert funds that would go for property tax purposes for the next 25 years. The alternative is to let the properties be put up for sale. The County owns four or five of them. We could place restrictions requiring them to be owner occupied. Peterson stated this does not preclude the sale. Fehst stated it is obvious it would be best to sell the properties. It would be marketing 23 separate properties. This will eliminate blight and bring an increased value to the area. This does reserve some of the property tax to remove more blight areas. Fehst stated that if they are sold on the open market they may be used for rental. Neighbors to these homes are delighted that they are removed. Clark stated that future councils will determine how to use this money. Nawrocki indicated they could be restricted to owner occupied. He referred to the Sheffield redevelopment. Schmitt asked what happens if we decide to stop this program ten years from now. Clark stated that the Council can stop this any time they wish. Peterson questioned why we would eliminate a successful project to clean up un- inhabitable homes. We are trying to clean up our city. Nawrocki stated we need to take in to account the current economic situation and tax increases we have. One out of eight homes in the community has gone into foreclosure. Fehst stated the biggest asset people have is their home. We have blighted properties that should be removed and the properties redeveloped. This program benefits the community, the schools, and the residents. Upon vote: Schmitt, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 3 ayes — 1 nay. Motion carried. B. Suspension of Liquor License - Star Bar and Grill LLC Clark stated a bar owner operator must purchase beverages from a distributor. This owner lost that right through tax delinquency. He stated that in 2010, in conjunction with our police depaitnient and city attorney, we issued citations to the Star Bar for over - serving patrons. We developed a mitigation plan in December of 2010. On February 11, 2011, Mr. Moreland was put City Council Minutes Monday, October 10, 2011 Page 5 of 13 on the tax forfeit list. On April 19, it was discovered that Mr. Moreland was buying alcohol retail in violation of the law. He was sent a letter on May 3 as a first strike letter and again on June 17. There is still an open investigation of the Star Bar, but findings indicate he has not been removed from the tax forfeiture list and continues to purchase alcohol, which is against city ordinance. There is an issue with violation of the mitigation plan and a serious issue with the continued purchase of retail alcohol. The recommendation is the suspension of his liquor license for one week, beginning tomorrow. If the tax delinquency is not satisfied by October 18, staff recommends termination of the liquor license through December 31, 2011. Police Chief Nadeau described the correspondence with Mr. Moreland. Despite our efforts and the assurances by Mr. Moreland, we continue to see inappropriate behavior. He has been fined for excessive calls for service and has not legally purchased alcohol since February. Violations include serving minors. We did try to work with him to address the issues, but feel the suspension is appropriate. Schmitt asked if the mitigation plan was approved by council and set up like a contract. Hoeft indicated yes. Clark stated the city started the process primarily because of the over - serving issues. The purchase of alcohol illegally, beyond the mitigation plan, is against city code. Nadeau stated the history of this alcohol license, where the license was initially issued to a partner, then transferred to Mr. Moreland. Nawrocki questioned the over - serving. Nadeau stated that patrons were tested. He indicated three instances of the mitigation violation and several incidents prior to that time. Diehm indicated that they have not followed the law, and stated disappointment that it has taken this long to be enforced. We have no choice but to issue the suspension. Diehm stated that we want our businesses to be successful, but want to ensure that the laws are followed and encouraged Mr. Moreland to take care of the necessary items. Moreland apologized and stated he would pay the Department of Public Safety by Wednesday. Moreland gave the history of issues with the previous owner that he had to pay and an audit that he had to resolve. We now have agreements with the landlord and gaming people to resolve the tax issue and we have scheduled fundraisers for a women with cancer and the food shelf. Tanya, a Star Bar employee, indicated she has worked there for eleven years and security has improved. Deb Johnson, 4626 Pierce Street, stated this is old news. He knew the business stipulations. This bar is located in front of a senior citizen and condo hi -rise. They do not need this in their area. It is obvious he knew that he was purchasing the liquor from an illegal source. Schmitt asked if they can still conduct business during the suspension. Clark stated that he can continue to operate the business, just not sell alcohol. Moreland asked if he has to remove the remaining bottles. Hoeft stated they just cannot sell the alcohol. Clark stated that if these items are not taken care of, the suspension of their alcohol license would then turn into a revocation of the alcohol license. Peterson agreed this is unfortunate, but we are bound to move ahead. We must all follow the rules. Motion by Diehm, second by Nawrocki, 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 City Council Minutes Monday, October 10, 2011 Page 6of13 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. Nawrocki questioned how the second part of the suspension would be determined. Clark stated they would need to be removed from the tax delinquent posting and we would need to follow the second investigation. Schmitt questioned if that date would be sufficient time. Moreland stated that upon payment, the State will notify the Department of Public Safety. Schmitt asked that they also notify the city. Upon vote: All ayes. Motion carried. C. Adopt Resolution 2011 -114 being Resolution for the Approval of a 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 — 40th Avenue NE. Jeff Sargent, City Planner, stated that city hall is looking to update their message board sign with an LED sign. This request is for a variance to allow more than 60 percent signage. The current location is the most visible location for the sign. Motion by Diehm, second by Schmitt, to waive the reading of Resolution 2011 -114, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Schmitt, to adopt Resolution No. 2011 -114, approving the Conditional Use Penult for an LED sign located at 590 — 40th Avenue NE, subject to the conditions outlined in Resolution No. 2011 -114. Nawrocki spoke against the motion as there is no need to replace the sign. It is only desirable to replace it. Schmitt stated this is a much cheaper sign than originally discussed and should be sufficient. She stated that upon approval, this item must be removed from next year's budget. Fehst stated that is in the general fund ad valorem budget. Nawrocki asked what fund the payment will come from. Fehst stated it will come from the general government building fund. Kevin Hansen, Public Works Director, stated that the fund and department are correct and were given to us by the Finance Director. Upon vote: Schmitt, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 3 ayes — 1 nay. Motion carried. Motion by Diehm, second by Schmitt, to waive the reading of Resolution 2011 -115, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Schmitt, 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. Upon vote: Schmitt, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 3 ayes — 1 nay. Motion carried. City Council Minutes Monday, October 10, 2011 Page 7 of 13 1st Reading of Ordinance 1604, being a Zoning Amendment as it relates to Variances. Sargent stated the history leading up to the change in the undue hardship interpretation to the current law covering practical difficulties. Sargent stated that we want to amend our ordinance to be in line with the State Statue. Nawrocki questioned the difference. Sargent stated there are still the tests of reasonable use, uniqueness of the property, and if granting of the variance is still in line with the character of the neighborhood. Sargent gave examples of properties with topographical issues. Hoeft stated this ordinance is a housekeeping issue. Motion by Diehm, second by Schmitt, to waive the reading of Ordinance No. 1604, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Schmitt, to set the second reading of Ordinance No. 1604, for Monday, October 24, 2011, at approximately 7:00 p.m. in the City Council Chambers. Upon vote: All ayes. Motion carried. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions - none B. Bid Considerations Approval to purchase one colored LED sign for City Hall Motion by Diehm, second by Schmitt, to 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. Fehst state that we are recommending Hoeft signs as they are the low bid, but we are requiring this be completed in the next 45 days. Upon vote: Schmitt, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 3 ayes — 1 nay. Motion carried. C. New Business and Reports City Council Health Benefits — Discussion Schmitt gave the background on this benefit. As a new council member, she was on her husband's policy and to turn down a health care plan she would be penalized by her husband's plan, so she had to take the city plan. It has historically been offered to the council. Her opinion is that we do not need it. Many cities of our size do not offer this. Hoeft indicated, as there is no record of how this was originally enacted, that an ordinance was recommended. Diehm questioned if the concern was the budget aspect or not allowing access to the coverage. Schmitt indicated health benefits were given in lieu of salary increases. It is not fair to those that say they won't take it. She suggested dropping the $45,000 and adding back reimbursement to Council members for events they attend, with a limit of $100 per person. Nawrocki indicated his circumstance with Medicare and Council member health benefits. The city gave insurance coverage to the council in lieu of the consideration of raises. Diehm stated that the current Council salary was set in 1989. Peterson stated he would not be in favor of eliminating health benefits. Diehm stated she thought it was a budget issue, rather than an access issue and would like to give it more thought. Nawrocki stated that a change could not take effect City Council Minutes Monday, October 10, 2011 Page 8 of 13 until after the next election. Schmitt stated it could take effect on January 2, 2012. Nawrocki stated that it is part of their salary. Hoeft stated that health benefits are not considered salary by state or federal law. Schmitt stated that the current council is not in the position to need these benefits. It could be considered as an add -back in the future. Peterson stated he did not feel you could do this for one council and change it for another. That would be going backwards. ADMINISTRATIVE REPORTS Report of the City Manager Fehst stated the next budget meeting will be the first Monday in November. Our Finance Director made a presentation at the last budget meeting to clarify the information on increases. The League of Minnesota Cities (LMC) indicates our levy is 3.1% less than last year. Fehst indicated how the difference of reporting varies. Diehm stated this may be confusing, but the Finance Director gave a presentation that explained it. She asked that he give the report at the next council meeting. Fehst stated that we are not taxing back for the Market Levy Credit as most communities are. Nawrocki stated that the last budget meeting was the worst he has seen in 40 years. The Market value information was interesting. There was not a discussion on fees charged or increases in utility rates. He proposed another meeting be held on the fifth Monday in October to spend more time on the budget. Fehst stated it was one of the better presentations he has ever heard and complimented the Finance Director. He stated that Council member Nawrocki can ask questions and we will give him answers. Fehst report on an upcoming Metro Transit Commission public meeting to be held on Tuesday, October 18, from 6:00 to 8:00 p.m. at the Fridley Community Center. Hansen stated it will discuss the arterial rapid bus transit study. There are eleven corridors considered for improvements and Central Avenue is one of the primary corridors being studied. There will be one more year before final recommendations are made. Nawrocki proposed to have another budget meeting on Monday, October 31. Schmitt stated she has a prior commitment on that date. Schmitt stated she has started her list of questions and will pass them on to the staff prior to the scheduled meeting. Nawrocki asked when he will receive a response to his questions. Fehst stated by the end of the week. Schmitt requested copies of his questions and the answers. Nawrocki referred to the performance standards, indicating there should be questions relative to what people are paying. He questioned if our request was submitted on time. Fehst stated that date was extended and our response was submitted on time. Fehst explained our request to alter the questions, but they were firm that this year we must stay with their questions. There are spaces for additional comments. Nawrocki questioned where the results will go. Fehst stated they will go to the LMC and then come back to us. Report of the City Attorney — nothing to report. CITIZENS FORUM No one came forward to speak. Peterson stated "Don't forget your service men and women; keep them in your thoughts and prayers. City Council Minutes Monday, October 10, 2011 Page 9 of 13 Don't take yourself too seriously, and do a random act of kindness. ADJOURNMENT Mayor Peterson adjourned the meeting at 9:29 p.m. atricia Muscovitz CMC City Jerk 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 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. City Council Minutes Monday, October 10, 2011 Page 10 of 13 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. 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. 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 performed all actions required by law to be performed prior to the establishment of the District and the adoption and approval of the proposed Plans, including, but not limited to, notification of Anoka County and City Council Minutes Monday, October 10, 2011 Page 11 of 13 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 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. 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. City Council Minutes Monday, October 10, 2011 Page 12 of 13 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 info' liation 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 war after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 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 City Council Minutes Monday, October 10, 2011 Page 13 of 13 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. RESOLUTION NO. 2011 -115 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF 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. CONDITIONS ATTACHED: 1. All application materials, maps, drawings, and descriptive information submitted with the application shall become part of the permit.