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HomeMy WebLinkAbout09-08-2014 Regular MeetingCITY OF COLUMBIA HEIGHTS Mayor Gary L. Peterson 59040'h Avenue NE, Columbia Heights, MN 55421 -3878 (763)706 -3600 TDD (763) 706 -3692 Councilmembers Visit our website at. www.ci.columbia- heights.mn.us Robert A. Williams Bruce Nawrocki Tammera Diehm Donna Schmitt City Manager Walter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday September 8, 2014 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. 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 2. ROLL CALL 3. INVOCATION Invocation provided by Dan Thompson, Heights Church 4. PLEDGE OF ALLEGIANCE 5. 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.) 6. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Proclamation declaring September 17 -23, 2014 as Constitution Week. 7. 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.) pg. 4 A. Approve Minutes of the City Council MOTION: Move to approve the minutes of the City Council meeting of August 25, 2014. Pg. 5 MOTION: Move to approve the minutes of the City Council worksession of September 2, 2014. pg. 15 B. Accept Board and Commission Meeting Minutes Accept minutes of the July 17, 2014 Charter Commission Meeting. pg. 17 Accept draft minutes of the September 3, 2014 Planning and Zoning meeting. pg. 19 Accept minutes of the August 4, 2014 EDA Meeting. pg. 24 City Council Agenda Monday, September 8, 2014 Page 2 of 3 C. Item: Establish Date For 2014 Public Special Assessment Levy Hearing For: State Aid pg. 33 Street Rehabilitation And Delinquent Accounts. MOTION: Move to establish Monday, October 6, 2014 at 6:30 p.m. as the Public Special Assessment Levy Hearing for City Project #1405 State Aid Street Rehabilitation, to be held in the City Council Chambers. MOTION: Move to establish Monday, October 6, 2014 at 6:45 p.m. as the Public Special Assessment Levy Hearing for Delinquent Accounts, to be held in the City Council Chambers. D. Amendment to Huset Park Master Plan: Splash Pad pg. 34 MOTION: Move to adopt the 2014 Huset Park Master Plan amendment based upon a recommendation of the Park and Recreation Commission. Authorize the preparation of plans and specifications for a splash pad based on the amended Huset Park Master Plan. E. Construction of Right Turn Lane on 49th Avenue at TH 65 (Central Avenue) pg. 38 MOTION: Authorize staff to obtain proposals for engineering services for the construction of a right turn lane on 49th Avenue, west of TH 65. F. Authorization to Seek Bids for 2014 Retaining Wall Repair pg. 40 MOTION: Move to authorize staff to seek bids for the 2014 Retaining Wall Repair Project. G. Authorization to Seek Quotes for 2014 Lighting Project pg. 41 MOTION: Move to authorize staff to seek quotes for the 2014 Street/Parking Lot Lighting Project. H. Approve Business License Applications pg. 43 MOTION: Move to approve the items as listed on the business license agenda for September 8, 2014, as presented. I. State Aid Street Assessment Policy pg. 45 MOTION: Move to amend the State Aid Street Assessment Policy to include traffic volumes. J. Payment of Bills pg. 52 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 153630 through 153799 in the amount of $750,376.55. MOTION: Move to approve the Consent Agenda items. 8. PUBLIC HEARINGS A. Approve a Zoning Amendment for the rezoning of f the property located at 4220 Central pg. 60 Avenue NE. MOTION: Move to waive the reading of Resolution No. 2014 -65, there being ample copies available to the public. MOTION: The Planning Commission recommends that the City Council approve Resolution No. 2014 -65, being a resolution approving the Zoning Amendment for the rezoning of the property located at 4220 Central Avenue NE. City Council Agenda Monday, September 8, 2014 Page 3 of 3 9. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions Adopt Resolution 2014 -54, being a resolution adopting a proposed budget for the year 2015, setting pg. 77 the proposed City levy, approving the HRA levy, approving a tax rate increase, and establishing a budget hearing date for property taxes in 2015. MOTION: Move to waive the reading of Resolution 2014 -54, there being ample copies available to the public. MOTION: Move to adopt Resolution 2014 -54, being a resolution adopting a proposed budget for the year 2015, setting the proposed City levy, approving the HRA levy, approving a tax rate increase, and establishing a budget hearing date for property taxes payable in 2015 of December 8, 2014 at approximately 7:00 p.m. in the City Council Chambers. B. Bid Considerations C. New Business and Reports 10. ADMINISTRATIVE REPORTS Report of the City Manager Report of the City Attorney 11. 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. 12. ADJOURNMENT Walt Fehst, City Manager Proclamation WHEREAS: September 17, 2014, marks the two hundred twenty- seventh anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS: It is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary; and to the patriotic celebrations which will commemorate the occasion; and WHEREAS: Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week, NOW, THEREFORE I, Gary Peterson by virtue of the authority vested in me as Mayor of the City of Columbia Heights, Minnesota do hereby proclaim the week of September 17 through 23 as CONSTITUTION WEEK AND ask our citizens to reaffirm the ideals of the Framers of the constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties, remembering that lost rights may never be regained. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this Eighth day of September of the year of our Lord, Two Thousand Fourteen. Signed SEAL OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING AUGUST 25, 2014 THE FOLLOWING ARE THE MINUTES FOR THE REGULAR MEETING OF THE CITY COUNCIL HELD AT 7.00 PM ON MONDAY AUGUST 25, 2014 IN THE CITY COUNCIL CHAMBERS, CITY HALL, 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MINNESOTA 1. CALL TO ORDER The meeting was called to order by Mayor Peterson at 7:03 PM. 2. ROLL CALL Present: Councilmembers Schmitt, Williams, Diehm, Nawrocki, Mayor Peterson Also Present: Walt Fehst, City Manager; Jim Hoeft, City Attorney; Katie Bruno, Council Secretary; Joe Hogeboom, Community Development Director; Loren Wickham, Assistant Community Development Director; Joe Kloiber, Finance Director. 3. INVOCATION Bob Lyndes from Crest View Senior Community provided the invocation. 4. PLEDGE OF ALLEGIANCE - Recited 5. 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.) 6. PROCLAMATIONS ,PRESENTATIONS,RECOGNITION ANNOUNCEMENTS GUESTS A. Introduction of Assistant Community Development Director Loren Wickham Community Development Director Joe Hogeboom introduced Loren Wickham. Director Hogeboom clarified Councilmember Nawrocki's question regarding budgeting for the position. The Council welcomed Mr. Wickham. 7. 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.) Councilmember Nawrocki requested that item E be removed for discussion. A. Approve Minutes of the City Council MOTION: Move to approve the minutes of the City Council meeting of August 11, 2014. MOTION: Move to approve the minutes of the Special Council meeting of August 15, 2014. Page 2 of 10 B. Approval of the attached list of rental housing licenses MOTION: Move to approve the items listed for rental housing license applications for August 25, 2014 in that they have met the requirements of the Property Maintenance Code. C. Consideration of Resolution 2014 -64, authorizing the sale of 4647 Polk Street NE to the Economic Development Authority y EDA ) for the purpose of reconveyance to the Buyer. MOTION: Move to waive the reading of Resolution No. 2014 -64 there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2014 -64 being a resolution authorizing the sale of 4647 Polk Street NE to the Economic Development Authority (EDA) for the purpose of reconveyance to the Buyer. D. Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for August 25, 2014, as presented. E. Schedule Meeting for September 30. 2014 with Columbia Heights School Board to discuss ballot questions. — Moved for discussion. F. Payment of Bills 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 153461 through 153629 in the amount of $740,717.03. Motion by Councilmember Diehm, seconded by Councilmember Williams to approve Consent Agenda items A, B, C, D and F. Motion passed unanimously. The following item was discussed: E. Schedule Meeting for September 30, 2014 with Columbia Heights School Board to discuss ballot questions. Motion by Councilmember Diehm, seconded by Councilmember Schmitt to schedule joint meeting with the Columbia Heights School Board on September 30, 2014 at 6:00 PM at the District Community Room, 1440 49`h Ave NE. All Ayes. Councilmember Nawrocki asked for clarification regarding the purpose of the meeting. Manager Fehst reported that the School District has two ballot questions, and the City of Columbia Heights has a ballot question as well. The Superintendent has requested a meeting to discuss the questions in order to provide a better understanding. Page 3 of 10 8. PUBLIC HEARINGS A. Adopt Resolution 2014 -62, 4001 University Avenue NE being a declaration of nuisance and abatement of violations within the City of Columbia Heights. Motion by Councilmember Diehm, seconded by Councilmember Williams to close the public hearing and to waive the reading of Resolution Number 2014 -62, there being ample copies available to the public. All Ayes. Fire Chief Gary Gorman reported that together with Community Development staff, a list of hazardous conditions was noted, and an emergency abatement was issued. Motion by Councilmember Williams, seconded by Councilmember Diehm to adopt Resolution Number 2014 -62, 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. All Ayes. Councilmember Nawrocki asked what the next steps are in the process. Community Development Director Hogeboom reported that if progress is not made prior to the expiration date of the current building permit (September 5, 2014) it may be abated. B. Adopt Resolutions 2014 -63, 678 40th Avenue N.E. being a Resolution 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. Fire Chief Gary Gorman reported that the property is vacant, and the owner is out of the country. The owner has indicated that he will likely not be renting the property in the future. The City will monitor the exterior of the property for any property maintenance code violations. Motion by Councilmember Williams, seconded by Councilmember Schmitt to close the public hearing and to waive the reading of Resolution Numbers 2014 -63, being ample copies available to the public. All Ayes. Motion by Councilmember Williams, seconded by Councilmember Schmitt to adopt Resolution Number 2014 -63, being a Resolution 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 license listed. All Ayes. 9. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1. Adopt Resolution No. 2014 -61 authorizing the City Manager to enter into a cooperative purchasing program contract with the Houston - Galveston Area Council Page 4 of 10 Fire Chief Gary Gorman reported that the Engine No. 4 is due for replacement soon. It was reported that many communities around the Country, and in Minnesota, have used the Houston - Galveston Area Council (H -GAC) purchasing consortium. This consortium has pre bid out the costs of building fire apparatus with most of the fire equipment vendors around the country. The vendor will put together the specs with all of the costs known up front. When the specs are completed we immediately know the cost of the vehicle. There is no direct cost to H -GAC for signing the contract and joining. The City Attorney has reviewed the contract. Chief Gorman estimates that the City can save between $100,000 and $150,000 on the purchase of a fire truck. Motion by Councilmember Diehm, seconded by Councilmember Williams to waive the reading of Resolution No. 2014 -61 there being ample copies available to the public. All Ayes. Motion by Councilmember Diehm, seconded by Councilmember Williams to adopt Resolution No. 2014 -61 authorizing the City Manager to enter into a cooperative purchasing program contract with the Houston - Galveston Area Council. All Ayes. B. Bid Considerations- None C. New Business and Reports -None 10. ADMINISTRATIVE REPORTS Report of the Cily Manager City Manager Fehst distributed the 2015 Preliminary Budget to the council, proposing a worksession meeting on Tuesday, September 2 °a, with subsequent budget meetings scheduled for September 29th and October 6th, all at 7:00 P.M. Motion by Councilmember Diehm, seconded by Councilmember Williams to schedule the meetings as proposed. All Ayes. Manager Fehst gave a brief summary; including a proposed 3.25% property tax levy increase; noting this is the lowest gross levy since 2007. It was reported that $570,000 of the anticipated Local Government Aid has been set aside for the library as well as park improvements, including a splash pad a Huset Park. Councilmember Nawrocki commented that he feels the proposed levy of 3.25% is too high, and would like staff to look ways to arrive at a 0% increase. Councilmember Nawrocki questioned if the building on 401h and Central has gone to a Sherriff's sale. City Manager Fehst reported there was a member in the audience that would speak to that issue. Councilmember Nawrocki asked if we know more about the elevator repair project at Heights Manor; specifically how long the elevator will be out of service? Page 5 of 10 City Manager Fehst responded that is an issue with the building management; noting that Mr. Nawrocki is on the board, and could find out more. Councilmember Nawrocki asked for an update on the building at 40th and University. City Manager Fehst reported that the City has given the owner until September 22"d to bring their items into compliance. Councilmember Williams commented that many of the rental properties in the City are owned by individuals or companies outside of the city, noting that they are investing in our city. Report of the City Attorney Nothing to report. 11. 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. Malcom Watson -1717 49th Ave NE commented that the current Public Safety Center was designed to support a second floor, and asked the Councilmembers to consider viable options. Mr. Watson reported that the assessor's current market value of the library is $588,400, and City Hall is assessed at $1,557,800. It was suggested council consider repairing the lower level of the library building to prepare for a possible sale. Mr. Watson also noted that the current City Hall building is underutilized. Tom Schuett, representing the property a 3989 Central Ave. reported that the Met Council has asked for a resolution of support from the City, and that was not approved at the August 4, 2014 EDA meeting. Mr. Schuett asked the council to reconsider the resolution. Mr. Schuett clarified that they have a purchase agreement for the property, and that it is not up for a sheriff's sale. Community Development Director Joe Hogeboom explained that the EDA had provided a letter of support for the project in June of 2014. The Met Council then requested a resolution in addition to the letter of support. The EDA met August 4th, and due to some uncertainties regarding the property, the item was tabled. Mr. Hogeboom was notified by the Met Council that the application would be denied, as the required resolution of support could not be submitted by the deadline. Director Hogeboom stated he has received notification from our representative at the Met Council that she was unware of the issue, and he was unsure of whether or not a resolution would be accepted at this time. Manager Fehst clarified that although the EDA has submitted a letter of support, a resolution is also required. Fehst also asked the council to consider that although it may not be the best option, it may be a good option. Director Hogeboom clarified that the EDA tabled the vote for the resolution. Councilmember Nawrocki asked Mr. Schuett to clarify his affiliation with the project. Mr. Schuett explained that he is a developer, and has a purchase agreement with Venture Bank; the current owner of the property. Mayor Peterson commented that he would not feel comfortable taking any action without meeting with the EDA. Mayor Peterson commented that he is not sure of the need of additional senior housing options. Mr. Schuett reported that a marketing inquiry indicated that a competing facility has a 12 -15 month waiting list. Page 6 of 10 Councilmember Nawrocki asked if the rent is subsidized. Mr. Schuett explained that is indirectly. Manager Fehst suggested rescheduling the cancelled EDA meeting for Tuesday September 2nd at 6:30 PM. Councilmember Schmitt noted that the EDA tabled the item as there were questions regarding the sheriff's sale. Mr. Schuett suggested that September 2nd may be too late. Councilmember Diehm noted that she has completely abstained from any discussion on the item. Councilmember Nawrocki requested the council discuss the City's policy regarding homeowner's responsibility of sewer /water lines at the September 2nd worksession. City Manager Fehst noted this is being researched, and will come before the council at a future worksession. Mayor Peterson announced that Highland Elementary will have an Open House on Thursday August 28`'' at 4:30 pm. Mayor Peterson encouraged all to remember our servicemen and women, and to consider doing a random act of kindness. 12. ADJOURNMENT Meeting adjourned at 8:35 pm Respectively Submitted: Katie Bruno, City Clerk/Council Secretary RESOLUTION 2014 -61 BEING A RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF COLUMBIA HEIGHTS AND THE HOUSTON - GALVESTON AREA COUNCIL WHEREAS, The Houston - Galveston Area Council (H -GAC) is a regional planning commission and political subdivision of the State of Texas operating under Chapter 391, Texas Local Government Code; and WHEREAS, pursuant to the Act, H -GAC is authorized to contract with eligible entities to perform governmental functions and services, including the purchase of goods and services; and 10 Page 7 of 10 WHEREAS, in reliance on such authority, H -GAC has instituted a cooperative purchasing program under which it contracts with eligible entities under the Act; and WHEREAS, the City of Columbia Heights has represented that it is an eligible entity under the Act and it desires to contract with H -GAC on the terms set forth in the contract; NOW, THEREFORE, BE IT RESOLVED, The City Manager is hereby authorized and directed to enter into a cooperative purchasing program contract with the Houston - Galveston Area Council. RESOLUTION 2014 -62 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 Investors Group of Minnesota LLC (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 4001 University Avenue N.E. Columbia Heights, Minnesota. 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 August 6, 2014 the Fire Department responded to a complaint at the address listed above. Inspectors noted that the structure was unsecured. 2. That on August 6, 2014 the Fire Chief ordered that Advance Companies secure the vacant structure. 3. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: A. Approve the immediate abatement of the hazardous situation located at 4001 University Avenue N.E. 4. 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 N.E. 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. M Page 8 of 10 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. RESOLUTION 2014 -63 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 Andrew Ditter (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 678 40th Avenue 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 8, 2014 of a public hearing to be held on August 25, 2014. 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 June 30, 2014 inspectors for the City of Columbia Heights, inspected the property described above and noted violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on August 7, 2014 inspectors for the City of Columbia Heights performed a reinspection and noted that violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on August 19, 2014 inspectors for the City of Columbia Heights checked records for this property and noted that the violations remained uncorrected 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Property Maintenance Code were found to exist, to -wit: a. Shall repair /replace screen in front door. b. Shall replace missing door closer on front screen door. C. Shall repair /replace leaking faucet in upstairs bathroom tub. d. Shall install a thumb turn style dead bolt lock on West entry door. e. Shall repair /replace West entry screen door so it closes & latches. f. Shall install proper venting for dryer. Flexible vent pipe not acceptable. g. Shall repair /replace missing tile in bathroom off of kitchen. 12 Page 9 of 10 h. Shall caulk around tub in bathroom off of kitchen. i. Shall repair /replace any /all missing or torn screen(s) on the building. j. Shall IMMEDIATELY restore electricity to the property. k. Shall replace rotted window sill under air conditioner on West side. 5. 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 F13541 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 2014 -64 RESOLUTION APPROVING THE SALE OF CITY -OWNED LAND PURSUANT TO A PURCHASE AND REDEVELOPMENT AGREEMENT BETWEEN THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY AND KATHERINE AND STEVEN PEPPLE BE IT RESOLVED By the City Council ( "Council ") of the City of Columbia Heights ( "City ") as follows: Section 1. Recitals. 1.01. The City has heretofore established the Columbia Heights Economic Development Authority (the "Authority "), which has determined a need to exercise the powers of a housing and redevelopment authority, pursuant to Minnesota Statutes, Sections 469.090 to 469.108 ("EDA Act "). 1.02. The Authority and Katherine and Steven Pepple (the "Buyer ") have proposed to enter into a Purchase and Redevelopment Agreement (the "Contract "), setting forth the terms and conditions of sale and redevelopment of certain property owned by the City, located at 4647 Polk Street and described as Lots 26 and 26, Block 1, Sheffields Second Subdivision to Columbia Heights, Anoka County, Minnesota (the "Property"). 1.03. Pursuant to the Contract, the Buyer will acquire the Property from the Authority and will construct a single family home, subject further to the City's zoning and building codes and policies. 13 Page 10 of 10 1.04. On August 4, 2014, the Authority conducted a duly noticed public hearing regarding the sale of the Property to the Buyer, at which all interested persons were given an opportunity to be heard, and found that conveyance of the Property to the Buyer has no relationship to the City's comprehensive plan, in that no amendment or modification of the comprehensive plan is required for the conveyance or redevelopment of the Property. The activities of the parties under the Contract implement housing goals of the City's Comprehensive Plan: "Promote and preserve the single - family housing stock as the community's strongest asset." and "Provide a variety of life - cycle housing opportunities within the community." 1.05. The Council has reviewed the terms of the Contract and finds that the execution thereof and performance by the Authority of its obligations thereunder are in the public interest and will further the objectives of its general plan of economic development and redevelopment, because it will further the above - stated housing goals. Section 2. City Approval, Further Proceedings. 2.01. The sale of the Property pursuant to the Contract as presented to the Council is hereby in all respects approved. 2.02. The Council hereby authorizes the sale of the Property to the Authority, for reconveyance to the Buyer. 2.03. The Mayor and City Manager are hereby authorized to execute on behalf of the City any documents requiring execution by the City, including without limitation the deed to the Authority, necessary to fulfill the Authority's obligations under the Contract. 2.04. Authority and City staff are authorized and directed to take all actions to implement the Contract. 14 Meeting of: COLUMBIA HEIGHTS CITY COUNCIL Date of Meeting: September 2, 2014 Time of Meeting: 7:00 PM -or immediately following the EDA Meeting Location of Meeting: CONFERENCE ROOM 1 Purpose of Meeting: WORK SESSION Call To Order/Roll Call The meeting was called to order at 8:05 PM Present: Mayor Peterson, Council Member Nawrocki, Council Member Diehm, Council Member Schmitt, Council Member Williams, City Manager Walt Fehst, Assistant City Engineer Kathy Young, Finance Director Joseph Kloiber, and City Clerk/Council Secretary Katie Bruno Councilmember Nawrocki asked why the item regarding homeowner's responsibility of sewer /water lines water shut off was not on tonight's agenda. City Manager Fehst responded that this is an expensive project, and historically the City has not gotten involved. Manager Fehst commented that this was an unusual winter, and now that residents are aware of the potential problem, they will be more proactive. 1. Amendment To Huset Park Master Plan: Splash Pad City Manager Fehst reported that there is money in the budget to install a splash pad, and remove three wading pools. $200,000 will come from this year's budget, and the remaining $200,000 will come from next years. Manager Fehst reminded the council that if they were to keep the three wading pools, there are costly retrofits required. Councilmember Nawrocki questioned the bids received for retrofitting the wading pools. Ms. Young reported that the estimate is $70,000 per pool. Councilmember Schmitt asked if the proposed splash pad will be similar to St Anthony Emerald Park. City Manager Fehst responded that it will probably similar. Councilmember Schmitt commented that she likes the parking design in concept 2. 2. Construction Of Right Turn Lane On 49th Avenue at TH 65 City Manager Fehst explained that the proposal would involve doing the same design on east side as is on the west side. Kathy Young, Assistant City Engineer reported the City has received a grant from MNDOT for $180,000. The City is required to pay for the consultant to design the project, as well as a 10% match, an estimated cost to the City of $68,000; all being State Aid eligible. City Manager Fehst questioned if this will help improve east -west traffic? Ms. Young responded it will help, as vehicles will no longer have to wait for others making a left turn, as each direction will have their own lane. Councilmember Nawrocki commented that the lights are timed in such a way that the east -west bound traffic is waiting a long time. Manager Fehst agreed, stating the City has contacted MNDOT frequently regarding the timing of the traffic lights. 3. 2015 Budget Discussion City Manager Fehst reported that all budgets will be presented at upcoming worksessions scheduled for September 29th and October 6th Finance Director Joe Kloiber reported that we will be using the same format as past couple preparations; reflecting the City's five year plan. Director Kloiber stated that the Council will consider the preliminary levy at their September 8th meeting, with the final adoption being scheduled for December 8, 2014. Director Kloiber stated that there are three assumptions to consider: 15 1. To assume we will likely have inflation each year, if we maintain same service levels. 2. Certain Capital Funds are not sustainable, noting none are in an emergency situation, but do need long term planning. 3. Attempt to keep increases as smooth and minimal from year to year; the 2015 budget is consistent with that. The proposed levy increase from 2014 to 2015 is 3.25 %. Operating Expenditures by Functional Area: Director Kloiber explained a graph showing the average annual change in departments over last 10 years. The graph indicated that the spending in areas other than Public Works and Public Safety has stayed in line with the Midwest Consumer Price Index. Public Works and Public Safety were higher, likely because Public Works has costs related to fuel and energy dependent charges. Public Safety has increased inflation, as well as costly mandates. Director Kloiber noted that not all are tax dollars; there are other sources of revenue as well. Councilmember Schmitt requested to see a report of the other revenue sources at a future meeting. Proposed Change In 2015: The Administration budget shows a decrease, as it is not an election year. Additionally there has been staff turnover, and newer staff are at lower steps. The EDA is at 0, not any change; they have a separate levy under the HRA authority. Recreation, Finance, Public Works, Library are all about average. Police and Fire are approximately 4 %. There is a large mandated PERA increase, a large mandate to the Anoka County Records System. The State Bureau of Corrections is mandating a more sophisticated computer security system. Workers Compensation has increased city wide. Questions: Councilmember Schmitt asked about the schedule for the upcoming Budget Worksessions. Director Kloiber responded that the following departments will tentatively be presented on September 29th; Recreation, Public Works, Finance, IS, and Liquor. The remaining will be presented at the October 6th worksession. Councilmember Nawrocki asked if the public comment meeting has been scheduled. Director Kloiber noted that the council will consider the preliminary levy and scheduling the public meeting at their September 8th meeting. 4. Other Items City Manager Fehst clarified that when estimating the annual cost to the taxpayers regarding the library referendum, the median household value estimation from 2014 was $89,000; resulting in an estimated annual increase of $36.29 (about $3.00 per month). It was also noted that there would be a reduction as a result of the fiscal disparity contribution; to about $2.00 per month. Meeting adjourned at 8:50 PM. Respectively Submitted, Katie Bruno, City Clerk/Council Secretary 16 MINUTES OF THE CHARTER COMMISSION MEETING THURSDAY, JULY 17, 2014 7:30 P.M. CITY HALL CONFERENCE ROOM 1 COLUMBIA HEIGHTS Call to Order The meeting was called to order at 7:30 p.m. by President Steve Smith. Roll Call /Status of Membership Members present: Matt Abel, Ramona Anderson, Lee Bak, Jeff Diehm, Rob Fiorendino, Roger Johnson, Carolyn Larine, Mike Patiuk, Greg Sloat, Steve Smith, Charles Tyler, Tim Utz, Catherine Vesley Members absent and excused: James Guy, Wes Wiggins Members unexcused: None Council Liaison Tami Diehm and Recording Secretary Carole Blowers were not present. Guest: Judy Moneta Approval of Tonight's Agenda Motion by Commissioner Tyler, seconded by Commissioner Diehm, to approve tonight's agenda. Motion passed unanimously. Approve Charter Commission Minutes of April 24, 2014 Motion by Commissioner Fiorendino, seconded by Commissioner Diehm, to approve the April 24, 2014, minutes as presented. Correspondence Since Last Meeting The Recording Secretary prepared the correspondence report since our last meeting, and in her absence, it was read by Secretary Abel. • On April 29th, an application for Charter Commission membership was received and forwarded to the Chief Judge. • On June 9th, an e-mail was received from a member asking me to forward an e -mail to all charter commission members to attend the City Council meeting of June 9t'' to voice their opinion on the agenda item regarding the library. I forwarded this request to President Steve Smith for his response to this member. • On June 25th, a member requested an e-mail copy of the most current City Charter. • On July 6th, received e -mail from President Smith about our upcoming meeting conflicting with community picnic on July 17th. It was decided to start our meeting a half hour later than usual, at 7:30 p.m. on this date. • On July 9th, prepared July 17 agenda and sent to all commission members along with minutes from April 24, 2014. Special note was made on the agenda that the time will be 7:30 p.m. instead of 7 p.m. due to the community picnic that evening. 17 Communications were received from Commissioner Wiggins and Guy that they would not be able to attend tonight's meeting. Old Business - None New Business Commissioner Utz thanked City Attorney Jim Hoeft for the help he provided to the people trying to organize a petition drive for a referendum on the new library construction. President Smith asked the commission body if they felt the charter was working as it should. Commis- sioner Utz replied that there might be some recommendations coming from the public on some charter changes. General consensus was that the charter seems to be working well. The City Attorney, Jim Hoeft, outlined his role in helping citizens with referendum issues and explained how time and dates are determined for when petitions need to be submitted. Commissioner Vesley asked about how signatures are verified, and Hoeft explained the common ways that cities do so. Commissioner Diehm asked if stated procedures were charter requirements or state law. Jim Hoeft replied that we are governed by our Charter. President Smith requested that Carole Blowers place the next meeting time on the agenda. Next Meeting Date — October 16, 2014 Adjournment Motion by Commissioner Fiorendino, seconded by Commissioner Tyler, to adjourn the meeting at 7:40 p.m. Respectfully submitted, Matt Abel Secretary for the Charter Commission 18 DRAFT MINUTES OF PLANNING AND ZONING COMMISSION SEPTEMBER 3, 2014 7:00 PM The meeting was called to order at 7:00 pm by Chair Marlaine Szurek. Commission Members present- Little, Fiorendino, Lee, and Szurek. Members Absent: Kinney Also present were Loren Wickham (Asst. Community Development Director), Elizabeth Holmbeck (Planner), and Shelley Hanson (Secretary). Motion by Fiorendino, seconded by Little, to approve the minutes from the meeting of July 1, 2014. All ayes. MOTIONPASSED. PUBLIC HEARINGS CASE NUMBER: 2014 -0901 APPLICANT: Le Nguyen LOCATION: 4220 Central Avenue NE. REQUEST: Zoning Amendment/Rezoning Holmbeck explained that Le Nguyen (property owner) is requesting a rezoning of the property located at 4220 Central Avenue NE. from Limited Business District (LB) to General Business District (GB). According to the applicant, it has been hard to find and retain tenants since the building was purchased in 2007, due to the economic downturn. Additionally, the owners have lost potential tenants, because the proposed uses were not permitted in the Limited Business Zoning District. Recently, El Taco Loco, a taco food truck that currently operates in the parking lot outside of the building, approached the owner and requested to rent indoor space. With the food trucks success and popularity, the hope is to expand the business and allow for the business to stay open during the winter months by adding a small restaurant in the building. This is only possible if the property is rezoned, as the current zoning only allows for prepackaged food. Finally, if the property is rezoned, to General Business, there would be more opportunities for the owner to allow various types of businesses to locate in building. COMPREHENSIVE PLAN The Comprehensive Plan currently guides the property for Commercial Use. Therefore, the rezoning of the property from Limited Business to General Business would be consistent with the intended use of the property, and thus consistent with the Comprehensive Plan. ZONING ORDINANCE The property is located in the LB, Limited Business Zoning District. The properties to the north are zoned LB, Limited Business. The properties to the south are zoned GB, General Business District. The properties to the east are zoned LB, Limited Business and GB, General Business. The properties to the west zoned R2A, One and Two Family Residential. 19 Planning & Zoning Minutes Page 2 September 3, 2014 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 Comprehensive Plan currently guides the property for Commercial uses. Therefore, the rezoning of the property from Limited Business to General Business would be consistent with the intended use of the property, and thus consistent with the Comprehensive Plan. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. This is correct. The proposed rezoning will allow for a wider variety of businesses to be located at the property, thus strengthening our commercial corridor along Central Avenue. 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. This is correct. 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 trend of development and redevelopment along Central Avenue has promoted Central Avenue as the main commercial corridor for Columbia Heights. The Limited Business zoning classification is restrictive in allowing the types of uses that are compatible with the remainder of Central Avenue. The General Business zoning classification is more consistent with the types of uses along Central Avenue. Staff recommends approval of the proposed Zoning Amendment for the rezoning of the property located at 4220 Central Avenue NE. Questions /Comments from members: Little asked if a restaurant would be allowed as a Conditional Use if the zoning stayed at Limited Business. Holmbeck stated that only a Deli or Coffee Shop type restaurant with pre - packaged foods would be allowed. He then asked why it wasn't zoned General Business in the first place. He noted that some of the properties in this block along Central Ave are GB and some are LB. Fiorendino stated he thinks LB zoning is used when properties abut residential areas, although both the zoning districts in this block abut residential areas to the rear. Little asked if neighboring properties were notified of this case. Holmbeck told him they were and that no one contacted her with any comments or concerns. Little said he would support this if it helps them attract businesses to locate there as the site is narrow and parking is limited, so it is a challenge. 20 Planning & Zoning Minutes Page 3 September 3, 2014 Fiorendino asked if any structural changes or additions would be made to the building. Holmbeck stated that kitchen equipment may have to be added to accommodate preparation of the food. He asked if that would have to come before the Commission again for a Site Plan approval. Holmbeck stated it would if the restaurant decides to proceed with their plans. She told members plans would also need to go to through the building permit process, as well as Anoka County Health Dept. Holmbeck reminded members that they are just approving the re- zoning of the property tonight which is the first step that is needed to allow more business uses for this site. Lee asked if the re- zoning was for the 4220 Central Avenue building only. Holmbeck explained that the long building is actually two addresses (4220 & 4230 Central), owned by two different parties, even though they look like one parcel. This request is for the 4220 Central Avenue address (south portion of the building) only. Fiorendino asked if the city had considered re- zoning both addresses. Holmbeck stated that the owner of the other parcel would have to make a request to do so. He was notified of this hearing and did not contact staff to express an interest in re- zoning his property also. Public Hearing. There was no one present to speak on this matter. Public hearing closed. Motion by Fiorendino, seconded by Little, to waive the reading of Resolution No. 2014 -65, there being ample copies available to the public. All ayes. MOTIONPASSED. Motion by Fiorendino, seconded by Little, that the Planning Commission recommends the City Council approve Resolution No. 2014 -65, being a resolution approving the Zoning Amendment for the rezoning of the property located at 4220 Central Ave. NE. All Ayes. MOTIONPASSED. This will go to the City Council at the September 8, 2014 meeting. RESOLUTION NO. 2014-65 RESOLUTION APPROVING A ZONING AMENDMENT FOR REZONING THE PROPERTY LOCATED AT 4220 CENTRAL AVENUE NE. WHEREAS, a proposal (Case #2014 -0901) has been submitted by Le Nguyen to the City Council requesting a Zoning Amendment from the City of Columbia Heights at the following site: ADDRESS: 4220 Central Avenue NE. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING: A Zoning Amendment for rezoning the property located at 4220 Central Avenue NE. 21 P & Z Minutes Page 4 September 3, 2014 WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on September 3, 2014; WHEREAS, the Planning and Zoning Commission has considered the advice and recommendations of the City staff regarding the effect of the proposed Zoning change 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. WHEREAS, the Planning Commission has reviewed and recommends approval of the proposed rezoning from LB, Limited Business District to GB, General Business District. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council rezones 4220 Central Avenue NE. to "General Business District ", and accepts and adopts the following findings of the Planning Commission: 1. The amendment is consistent with the Comprehensive Plan. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. 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. 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. Passed this 8`1' day of September 2014, Other New Business Wickham reminded members they were invited to attend a panel discussion by the Urban Land Institute called Navigating the New Normal. This discussion panel that will take place Thursday, September 11, 2014, at Murzyn Hall from 5 -7 pm. The City Council, City Staff, EDA Members, and Planning & Zoning Commission members are all invited to attend this discussion about re- development trends and a realistic outlook about the possibilities particular to our community due to demographics, transportation, and the overall real estate market. Wickham then told members that Holmbeck would be sending out information regarding an on -line Land Use seminar offered by the League of MN Cities. City Councilmembers and P & Z Commission members will be asked to participate in this educational opportunity which in turn will qualify the city for a reduction in Insurance premiums. 22 P & Z Minutes Page 5 September 4, 2014 Wickham also invited members to another community event being held Saturday, September 27, 2014 on the old Mady's site. Staff is working with a consultant to organize the event that will include local businesses, food vendors, local artists /musicians, etc. The purpose of the event is to gather input from residents and community leaders on what they would like to see developed on the empty site. The cost of the event is covered by an Active Living Grant that the City was awarded, and will be held rain or shine. Tents will be used if the weather is questionable. It was noted the next meeting would be Tuesday, October 7t ", 2014. The meeting was adjourned at 7:25 pm. Respectfully submitted, Shelley Hanson Secretary 23 ECONOMIC DEVELOPMENT AUTHORITY (EDA) MINUTES OF THE MEETING OF AUGUST 4, 2014 IN CONFERENCE ROOM 1 The meeting was called to order at 6:30 pm by Chair Peterson. Members Present: Bruce Nawrocki, Donna Schmitt, Gary Peterson, and Tam] .Diehm. Bobby Williams arrived at 6:35 pm Members Absent: Gerry Herringer and Marlaine Szurek Staff Present: Kelly Bourgeois, Joseph Hogeboom, Joe Kloiber, and Shelley Hanson. 2. PLEDGE OF ALLEGIANCE- RECITED 3. CONSENT ITEMS 1. Approve the Minutes from June 23, 2014. 2. Approve the Financial Report and Payment of Bills for June 2014 on Resolution 2014 -07. Questions by Members: There were no questions on this month's report. Motion by Schmitt, seconded by Diehm, to waive the reading of Resolution 2014 -07, there being an ample amount of copies available to the public. All ayes. MOTIONPASSED. Motion by Schmitt, seconded by Diehm, to approve the consent agenda items as presented. All ayes. MOTION PASSED. EDA RESOLUTION 2014 -07 RESOLUTION OF THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA) APPROVING THE FINANCIAL STATEMENT FOR JUNE 2014 AND PAYMENT OF BILLS FOR THE MONTH OF JUNE 2014. WHEREAS, the Columbia Heights Economic Development Authority (EDA) is required by Minnesota Statutes Section 469.096, Subd. 9, to prepare a detailed financial statement which shows all receipts and disbursements, their nature, the money on hand, the purposes to which the money on hand is to be applied, the EDA's credits and assets and its outstanding liabilities; and WHEREAS, said Statute also requires the EDA to examine the statement and treasurer's vouchers or bills and if correct, to approve them by resolution and enter the resolution in its records; and WHEREAS, the financial statement for the month of June 2014 has been reviewed by the EDA Commission; and 24 EDA MINUTES Page 2 August 4, 2014 WHEREAS, the EDA has examined the financial statements and finds them to be acceptable as to both form and accuracy; and WHEREAS, the EDA Commission has other means to verify the intent of Section 469.096, Subd. 9, including but not limited to Comprehensive Annual Financial Reports, Annual City approved Budgets, Audits and similar documentation; and WHEREAS, financials statements are held by the City's Finance Department in a method outlined by the State of Minnesota's Records Retention Schedule, NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of the Columbia Heights Economic Development Authority that it has examined the referenced financial statements including the check history, and they are found to be correct, as to form and content; and BE IT FURTHER RESOLVED the financial statements are acknowledged and received and the check history as presented in writing is approved for payment out of proper funds; and BE IT FURTHER RESOLVED this resolution is made a part of the permanent records of the Columbia Heights Economic Development Authority. Passed this 4th day of August, 2014 MOTION BY: Schmitt SECONDED BY: Diehm AYES: All ayes President Attest By: Shelley Hanson, Secretary NEW BUSINESS 4. Property Sale Request- 4647 Polk St. NE Hogeboom explained that at the June EDA meeting the Board directed staff to move forward with Purchase Agreement Negotiations with Katherine and Steven Pepple of 4649 Polk Street for the purchase of the city owned adjacent property to the south (4647 Polk Street). The property to the south of the Pepple home was acquired by the City in 2008 as part of an effort to remove blighted and defunct housing from the Heritage Heights neighborhood. The house was removed, and the lot currently sits vacant. The Purchase Agreement has been drafted for the proposed sale. The Agreement has been devised to reflect many of the terms and conditions found in the Scattered Site Lot Program. Consistent with the program, the EDA recommended that the subject property be sold for $7,500, subject to construction standards and a defined construction timeframe. 25 EDA Minutes Page 3 August 4, 2014 Hogeboom stated that we don't have any of the city owned lots from the Sheffield/Heritage neighborhood in the Scattered Site Program. By adding this new home, it may spur some interest in the area so that some of the lots could possibly be added to the program in the future. Staff recommends that the EDA approve the attached Purchase Agreement for the sale of the property located at 4647 Polk Street NE. Questions from members: Nawrocki asked what happens if the Pepples don't build on the lot. Diehm stated that it will revert back to the City as stated in the Purchase and Redevelopment Agreement. Schmitt asked if there are any conditions or specified time lines. Hogeboom explained that construction must commence by February, 2015. Once the permit is issued, inspections must occur within the 180 day time frame as established under the MN State Building Code. Motion by Diehm, seconded by Schmitt, to waive the reading of Resolution 2014 -08, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Diehm, seconded by Schmitt, to adopt Resolution 2014 -08 approving a Purchase agreement between the Columbia Heights Economic Development Authority and Katherine and Steven Pepple for the sale of 4647 Polk St. NE. All ayes. MOTION PASSED. COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. 2014-08 RESOLUTION APPROVING A PURCHASE AND REDEVELOPMENT AGREEMENT (INCLUDING THE SALE OF LAND) BETWEEN THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY AND KATHERINE AND STEVEN PEPPLE BE IT RESOLVED By the Board of Commissioners ( "Board ") of the Columbia Heights Economic Development Authority ( "Authority ") as follows: Section 1. Recitals. 1.01. The Authority has determined a need to exercise the powers of a housing and redevelopment authority, pursuant to Minnesota Statutes, Sections 469.090 to 469.108 ( "EDA Act "). 26 EDA Minutes Page 4 August 4, 2014 1.02. The Authority and Katherine and Steven Pepple (the "Buyer ") have proposed to enter into a Purchase and Redevelopment Agreement (the "Contract "), setting forth the terms and conditions of sale and redevelopment of certain property owned by the Authority, located at 4647 Polk Street and described as Lots 26 and 26, Block 1, Sheffields Second Subdivision to Columbia Heights, Anoka County, Minnesota (the "Property"). 1.03. Pursuant to the Contract, the Buyer will acquire the Property and will construct a single family home, subject further to the City's zoning and building codes and policies. 1.04. The Authority has on this date conducted a duly noticed public hearing regarding the sale of the Property to the Buyer, at which all interested persons were given an opportunity to be heard. 1.05. The Authority finds and determines that conveyance of the Property to the Buyer has no relationship to the City's comprehensive plan, in that no amendment or modification of the comprehensive plan is required for the conveyance or redevelopment of the Property. The activities of the parties under the Contract implement housing goals of the City's Comprehensive Plan: "Promote and preserve the single- family housing stock as the community's strongest asset." and "Provide a variety of life -cycle housing opportunities within the community." 1.06. The Board has reviewed the Contract and finds that the execution thereof and performance of the Authority's obligations thereunder are in the public interest and will further the objectives of its general plan of economic development and redevelopment, because it will further the above - stated housing goals. Section 2. Authority Approval, Further Proceedings. 2.01. The Contract as presented to the Board, including the sale of the Property described therein, is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the President and Executive Director, provided that execution of the documents by such officials shall be conclusive evidence of approval. 2.02. The President and Executive Director are hereby authorized to execute on behalf of the Authority the Contract and any documents referenced therein requiring execution by the Authority, including without limitation the deed, and to carry out, on behalf of the Authority, its obligations thereunder. 2.03. Authority and City staff are authorized and directed to take all actions to implement the Contract. Approved by the Board of Commissioners of the Columbia Heights Economic Development Authority this 4"' day of August, 2014. President ATTEST: Secretary 27 EDA Minutes Page 5 August 4, 2014 5/6. Resolution 2014 -09 —HRA Levy Budget and Resolution 2014 -10 EDA Levy Budget Hogeboom stated that these resolutions for the levy budgets are for the 2015 budget and cover all of the Community Development Department (EDA and Protective Inspections). Although some of the Department's budget (Fund 20 1) is not controlled by the EDA, the EDA has historically reviewed and approved the entire Community Development Department budget. The budget is ultimately approved by the City Council. The EDA portion of the budget is "Fund 204 ", and the attached resolutions serve as a recommendation to the City Council for levying both an EDA and a HRA levy. The Department's operating budget is relatively straightforward due to the size of the department. This year's budget includes an overall increase in Protective Inspection expenses and a decrease in overall EDA expenses. This is primarily due to the reallocation of funds from consulting services to salary expense to accommodate the Associate Planner position. At the same time, revenue is expected to decrease slightly in the EDA fund due to lack of receiving project - related grant money in 2014. Revenue is expected to increase in the Protective Inspections fund due to anticipated increased permit, license and fee income. The complete Community Development Department budget will be distributed to the City Council later in August. Staff recommends approval of the Levies as presented. Questions /comments from members: Nawrocki asked how action could be taken on the HRA levy when this is not an HRA meeting. He also questioned the two different levy amounts. Joe Kloiber explained to members that when the EDA was created in 1996 it oversees and administers the levies and funds for the HRA and EDA, both of which are used by the EDA. He went on to say that this is asking for approval of the levies, and not the entire budget for the expenditures, or for Parkview Villa which will be discussed and approved this fall. Kloiber reviewed the spreadsheet provided to members detailing the history of both the HRA and EDA levy amounts since 2008. He said the amount being levied is actually less than it was back in 2008 due to the fact that property values have decreased over the past seven years. Schmitt questioned the building maintenance and repair maintenance amounts in the 2014 figures. Hogeboom explained that was for the remodeling of the office and those expenditures should be done. She then asked if Parkview Villa is sold whether the HRA would be dissolved. Hogeboom stated that the HRA would have to continue for a period of time based on HUD rules. He said it would have to be researched whether a combined board could be formed. 28 EDA Minutes Page 6 August 4, 2014 Hogeboom then told members that he received word that HUD's approval letter has supposedly been mailed, but has not been received to date. Motion by Schmitt, seconded by Diehm, to waive the reading of Resolutions 2014 -09 and 2014 -10 there being ample copies available to the public. All ayes. MOTIONPASSED. Motion by Williams, seconded by Schmitt, to approve Resolution 2014 -09, Resolution Authorizing the Levy of a Special Benefit Levy pursuant to Minnesota Statutes, Section 469.033, Subdivision 6 and Approval of a Budget for Fiscal year 2015. All ayes. MOTIONPASSED. Motion by Schmitt, seconded by Williams, to approve Resolution 2014 -10, Resolution of the Economic Development Authority (EDA) in and for Columbia Heights Adopting the 2015 budget and setting the EDA Levy. All ayes. MOTIONPASSED. RESOLUTION NO. 2014-09 AUTHORIZING THE LEVY OF A SPECIAL BENEFIT LEVY PURSUANT TO MINNESOTA STATUTES, SECTION 469.033, SUBDIVISION 6 AND APPROVAL OF A BUDGET FOR FISCAL YEAR 2015 WHEREAS, pursuant to Minnesota Statutes, Section 469.090 to 469.1081 ( "EDA Act ") the City of Columbia Heights ( "City ") created the Columbia Heights Economic Development Authority (the "EDA "); and WHEREAS, pursuant to City Resolution 2001 -62 and Ordinance No. 1442, the City Council granted to the EDA all powers and duties of a housing and redevelopment authority under the provisions of Minnesota Statutes, Sections 469.001 to 469.047 (the "HRA Act "), except certain powers that are allocated to the Housing and Redevelopment Authority in and for the City of Columbia Heights (the "HRA "); and WHEREAS, Section 469.033, Subdivision 6, of the HRA Act permits the EDA and HRA, together, to levy and collect a special benefit levy of up to .0185 percent of taxable market value in the City upon all taxable real property within the City; and WHEREAS, the EDA desires to levy a special benefit levy in the amount of .0185 percent of taxable market value in the City; and WHEREAS, the EDA understands that the HRA does not expect to levy a special benefit tax for fiscal year 2015; and WHEREAS, the EDA has before it for its consideration a copy of a budget for its operations for the fiscal year 2015 and the amount of the levy for collection in fiscal year 2015 shall be based on this budget. NOW, THEREFORE, Be It Resolved by the Board of Commissioners of the Columbia Heights Economic Development Authority: 29 EDA Minutes Page 7 August 4, 2014 1. The budget of $230,775 for the operations of the EDA presented for consideration by the Board of Commissioners of the EDA is hereby in all respects approved. Such budget includes the amount the EDA requests (by separate resolution) to be levied by the City under Minnesota Statutes, Section 469.107, together with the amount to be levied hereunder by the EDA under Minnesota Statutes, Section 469.033, subdivision 6. 2. Staff of the EDA are hereby authorized and directed to file the budget with the City in accordance with Minnesota Statutes, Section 469.033, Subdivision 6. 3. There is hereby levied, subject to the approval of the City Council of the City, a special benefit levy pursuant to Minnesota Statutes, Section 469.033, Subdivision 6, in the amount of $176,578, which is .0185 percent of the market value in the City. 4. Staff of the EDA are hereby authorized and directed to seek the approval by resolution of the City Council of the City of the levy of special benefit taxes in 2015 and to take such other actions as are necessary to levy and certify such levy. Motion by: Williams Second by: Schmitt Motion passed this 4th day of August 2014 Attest by: Walter R. Fehst, Executive Director Gary L. Peterson, President EDA RESOLUTION 2014 -10 RESOLUTION OF THE ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR COLUMBIA HEIGHTS (EDA) ADOPTING THE 2015 BUDGET AND SETTING THE EDA LEVY. BE IT RESOLVED By the Columbia Heights Economic Development Authority (EDA) of Columbia Heights, Minnesota as follows: WHEREAS, the Columbia Heights City Council established the Columbia Heights Economic Development Authority January 8, 1996 pursuant to Minnesota Statutes 469.090 to 469.1081; and WHEREAS, the City Council has given to the EDA the responsibility for all development and redevelopment projects and programs; and WHEREAS, the EDA is authorized under State Statutes, Section 469.107 to levy a tax on its area of operation for the purposes authorized under State Statues 469.090 to 469.1081, subject to consent by the City Council. NOW, THEREFORE BE IT RESOLVED BY THE EDA FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA THAT: to EDA Minutes Page 8 August 4, 2014 1. The EDA adopts and recommends to the City Council for approval a budget of $230,775 for year 2015. 2. The EDA adopts and recommends to the City Council for approval a levy of $84,000 for year 2015. The Executive Director is instructed to transmit a copy of this resolution to the City Manager and Finance Director /City Clerk of the City of Columbia Heights, Minnesota. APPROVED THIS 4th day of August 2014 MOTION BY: Schmitt SECONDED BY: Williams Attest by: Walter R. Fehst, Executive Director 7. Administrative Report Gary L. Peterson, President Hogeboom updated the members on several matters as follows: a) Communications & Branding Campaign —A status report will be provided to the EDA, Planning & Zoning Commission and the Parks & Recreation Commission on Monday, August 25`x' at Murzyn Hall. b) Scattered Site Housing Program Update —Lots are continuing to sell. Remax Realty will present a proposal to the EDA for a "remodel" option for consideration at one of the upcoming meetings. c) Northeast Office Center — Hogeboom told members that the Building has gone into foreclosure and Venture Bank now owns the property. Staff has reached out to them to see what the immediate plans are for the building, but they have not responded. Schuett Development still intends on purchasing the property and will develop affordable senior housing on floors two through six. Schuett will not purchase the property until funding is received from various sources. This will likely occur in late 2014 or 2015. He also noted that the outside brick wall of the patio /drive through area has deteriorated due to heavy snow last year. The wall has been stabilized, however it is still aesthetically unpleasing. The Fire Dept is following up with the owners due to the number of complaints we have received. Hogeboom then reminded members that back in May they had voted to approve a letter of support for the Schuett Company proposal for an affordable senior housing development project. They needed the letter in order to obtain their financing. Staff has now been informed that the Met Council is requiring a Resolution of support in addition to the letter that was previously approved for their grant. He explained that the grants 5E EDA Minutes Page 9 August 4, 2014 from the Met Council would not be directly awarded to the developer, but to the City who would have to act as project manager during this redevelopment, and would be responsible for releasing the funds. He also informed members that since that meeting in May, the property has now gone into foreclosure and that staff has been told that all the remaining tenants must vacate the building. Hogeboom said he has heard many rumors including one that Schuett has decided they want to use the entire building for the housing project. Hogeboom explained this is zoned MXU which requires the main floor to be used for commercial purposes. If Schuett does intend to change the use, a request for re- zoning the property would have to be submitted for approval. Schuett reported to Hogeboom that his project still only involves plans for floors 2 -6. Diehm noted for the record that she would not participate in any discussion regarding this matter, nor vote on anything as it could be construed as a conflict of interest. Nawrocki noted that the sheriff's sale on this property is taking place in mid- August. He asked what plans Venture Bank had for the property. Hogeboom said he had reached out to Venture Bank to gather information, but they had not responded to his calls. He told members that he was attending a meeting at the request of NE Bank representatives on Tuesday, August 6t". They were meeting to discuss an extension of time so they had time to relocate. Schmitt asked if we could wait until after the Sheriff's sale to consider this. Hogeboom stated the TOD funding by the Met Council is being considered in September, so they need the Resolution prior to that. Then it was asked what happens to the Resolution if someone else purchases the property at the Sheriff's Sale. Hogeboom said if Schuett doesn't get ownership of the property the grants and financing for the project would become null and void, so the Resolution would have no purpose. Peterson suggested the Resolution be tabled until after the meeting with Venture Bank and discuss this again once the City Manager and the other two commission members are present. The next regular EDA meeting will be Tuesday, Sept. 2, 2014 at City Hall at 6:30 pm. The meeting was adjourned at 7:15 pm. Respectfully submitted, Shelley Hanson Secretary 32 CITY COUNCIL LETTER AGENDA SECTION: CONSENT NO: ITEM: ESTABLISH DATE FOR 2014 PUBLIC SPECIAL ASSESSMENT LEVY HEARING FOR STATE AID STREET REHABILITATION AND DELINQUENT ACCOUNTS Meeting of. September 8, 2014 ORIGINATING DEPARTMENT: PUBLIC WORKS BY: K. Hansen DATE: 9/2/14 CITY MANAGER DATE: Background: Special assessments are certified to Anoka County for inclusion on the property tax statements. To be included with the 2015 tax statement, the assessment hearing needs to be held on or before October 15, 2014. Analysis /Conclusions: Staff is recommending Monday, October 6, 2014 for the Assessment Hearings on the following projects: 1. State Aid Street Rehabilitation 2. 2014 Delinquent Accounts Recommended Motion: Move to establish Monday, October 6, 2014 at 6:30 p.m. as the Public Special Assessment Levy Hearing for City Project #1405 State Aid Street Rehabilitation, to be held in the City Council Chambers. Recommended Motion: Move to establish Monday, October 6, 2013 at 6:45 p.m. as the Public Special Assessment Levy Hearing for Delinquent Accounts, to be held in the City Council Chambers. COUNCIL ACTION: 33 CITY COUNCIL LETTER Meeting of: September 8, 2014 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS ITEM: AMENDMENT TO HUSET PARK BY: K. Hansen BY MASTER PLAN: SPLASH PAD DATE: 9/3/14 DATE: Background: In 2004, the City Council adopted the Master Plan for Huset Park. Since that time, a Master Planning process has been used for each of the park redevelopments including Sullivan, Silver Lake, Ramsdell, Huset West and LaBelle parks. The Huset Park Master Plan incorporated planning for the east and west sides of the parks. Its primary focus was athletic fields and it was intended to be the City's primary `active' park. Major improvements have not been made to the park since the Master Plan adoption, while other feature improvements, such as a regional pond, a shelter, and new playground have been built. A copy of the approved Huset Park Master Plan (2004) is attached for background information. Analysis /Conclusions: The City of Columbia Heights operates three wading pools. Federal Law changes in 2010 required substantial modifications to our pools to comply with the provisions of ADA rules. Bids were taken for ADA updates in 2013 for McKenna Park, but were rejected due to cost ( >$70,000). The Park and Recreation Commission reviewed the status of the wading pools and recommended to the City Council to remove them and pursue a splash pad. The City Council accepted their recommendation and provided partial funding in 2014, with the remaining funding to be considered in the 2015 budget process. The Park and Recreation Commission began evaluating a splash pad in 2014. At their June regular meeting, the Commission concluded that Huset Park would be the best park for a splash pad type improvement. The original Master Plan included a splash on the east side of the park. Concept plans were prepared that included a splash pad and evaluated by the Commission at their August 27t" meeting. The splash pad shown here is located on the west side of the park, and just to the west of the existing wading pool. This location was chosen by the Commission as it minimizes utility extension costs for sewer and water, is open for visibility, requires minimum grading, and spatially fits in with the newest improvements in the park with the playground and shelter. It also provides room for expansion as a future consideration. The Commission generally liked the splash pad depicted in Concept 1, but preferred the parking lot in Concept 2. The Commission also recommends having the splash pad open for the 2015 season. To accomplish this, construction plans should be initiated and prepared for winter bidding. Based on their review, the Commission made the following recommendations to the City Council: 1. To amend the Huset Park Master Plan to change the location of the splash pad to the west side of the park; and 2. To authorize staff to begin construction document preparation for winter bidding. Recommended Motion: 1. Move to adopt the 2014 Huset Park Master Plan amendment based upon a recommendation of the Park and Recreation Commission. 2. Authorize the preparation of plans and specifications for a splash pad based on the amended Huset Park Master Plan. Attachments: Huset Park Master Plan (2004) Concept Plans (2) COUNCIL ACTION: 34 I F1 t. Pi I lJ C:33 rn e11' a cr (D Flo, Ep ri pifo F71 14 Ln ■ rD cr 0 cc) ■ 0 r) CV — (D r) �a h v CL fte ak aA w� z a a a v c 4�4 4 N AC a q V h q � V �I V J I �' h r -7 � z3 0 � V �I V J I �' h r -7 oA II 117 -Ryy 014' =1 I Z WC tz b, ■ IW6 94 t w CITY COUNCIL LETTER Meeting of: Member 8, 2014 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: CONSTRUCTION OF RIGHT TURN BY: Kevin Hansen BY: elo* LANE ON 49 TH AVENUE AT TH 65 (CENTRAL DATE 8/27/14 DAT AVENUE) Background: In 2011, the Council authorized staff to prepare a site plan and submit a Cooperative Agreement Application for funding the construction of a right turn lane on both 49th and 50th Avenues. The proposed work is similar to the right turn lane on 50th Avenue, west of Central Avenue, installed in 2008 when the liquor store was built. Staff was notified in 2012 that the application did not rank for funding. In 2012, the City built the right turn lane on 50th Avenue on the east side of Central Avenue under our Street Rehabilitation Program. Analysis /Conclusions: In 2013, the Council authorized staff to apply to MnDOT for the installation of new street lights on Central Avenue from 45th to 53rd Avenues. The program uses federal funds under the Highway Safety Improvement Program, and is commonly called HSIP. Street lighting is an eligible construction type where improvements to pedestrian and vehicular safety can be demonstrated. As turn lanes are also an eligible cost under this program, staff again applied for funding under the Highway Safety Improvement Program or HSIP. Staff was informed early in 2014 that each of our applications did not receive funding. (Until recently......) I was contacted in late May by the HSIP program administrator and was asked `if funding became available, would we still be interested in the 49th Avenue right turn laneT Staff had not heard anything further until the first week of August. The City of Columbia Heights was awarded a 90/10 matching grant of $180,000 to construct a right turn lane on the west side 49th Avenue. A copy of the site layout is attached and is generally described as: 1. Proposed Construction The work would involve developing a right turn (RT) lane within the existing ROW and existing easements. The current road width is 42 feet, and adding a RT lane would modem the width to 46 feet. This would provide for a 12 foot westbound lane, an ]]foot through turn lane, and a 13 foot RT lane. Work would include new curb and gutter, new pavement and a new concrete median. Existing catch basins would need to be moved along with the loop detectors, new signal heads and wiring-for the traffic signal system. This work would also require minor modifications to the school's and Walgreen's driveway accesses as the taper is being developed through this area. The process MnDOT uses to provide federal funds to local agencies is called Delegated Contracted Process, or DCP — which the City already has an agreement in place for. The federal funding requires a 10 percent match and engineering is a local responsibility, both of which are State -Aid eligible. Recommended Motion: Authorize staff to obtain proposals for engineering services for the design and contract administration for a right turn lane on 49t1' Avenue, west of TH 65. Attachment: Site Layout COUNCIL ACTION: 38 Ac U) �, o CD cl:l J ui _ IZ 1 2 H I ! Q� N -O -- Z p 'let Z = CD z � � CL 1.V IF IL V 16' �I - -_ mO N O IL ao Zs M H UJ 14• CD cl:l J ui _ IZ 1 2 H I ! Q� N -O -- Z p 'let Z = CD z � � CL 1.V CITY COUNCIL LETTER Meeting of September 8, 2014 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: AUTHORIZATION TO SEEK BIDS FOR BY: K. Hansen BY: W'' 2014 RETAINING WALL REPAIR DATE: 9/2/2014 DATE: Background: Engineering Department staff noted two concrete block retaining walls in disrepair in the alleys proposed for reconstruction. The walls are located at the north end of the alley between Van Buren Street and Central Avenue from 42nd Avenue to 43rd Avenue and near the center of the alley between Polk Street and Buchanan Street, south of 39" Avenue. We speculate the 4240 -4256 Central Avenue wall was constructed just prior to the alley construction in the early 1960s. The Polk- Buchanan alley wall was constructed because of the difference in grade between the Pierce Street cul -de -sac (constructed in 1963) and the alley. Staff met with a retaining wall contractor and obtained a cost estimate to replace the retaining wall in the alley between Van Buren Street and Central Avenue from 42nd Avenue to 43rd Avenue. With the location of the garage at 4250 Central Avenue, part of the wall would need to be cast -in- place, substantially increasing the cost. The remaining sections could be constructed with traditional modular block wall. An estimate to replace the wall behind 4240 - 4250 -4256 Central Avenue was $105,000 — $115,000. Analysis & Conclusions: Staff met with a representative of Anchor Block to discuss repairs to the walls (repair in place) instead of removal and replacement. The existing concrete block walls are on concrete footings. The walls have remained fairly level both horizontally and vertically over the years. The top 1 to 4 courses of block as well as the cap are deteriorated/failed and will need to be replaced. The walls will be strengthened by installing vertical reinforcing steel bars and filling the hollow cores with flowable concrete. Full wall reconstruction may be required for a short section on each end. In addition, staff is proposing to stabilize the slope paving on the south side of 40"' Avenue between Johnson Street and Hayes Street with earth anchors. The slope paving is constructed with individual panels about 4' wide. The panels are in good condition; however, some of the panels have shifted out of alignment. The slope paving was constructed with 40"' Avenue in 1973. The existing trees /shrubs will be removed at the top of the walls and drain tile will be installed. Staff is estimating $80,000 to $100,000 to repair all three walls. Funding will be from Infrastructure fund. Recommended Motion: Move to authorize staff to seek bids for the 2014 Retaining Wall Repair Project. COUNCIL ACTION: 40 CITY COUNCIL LETTER Meeting of September, 2014 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: AUTHORIZATION TO SEEK QUOTES BY: K. Hansen BY, FOR 2014 LIGHTING PROJECT DATE: 9/2 /2014 DATE: Background: Staff is recommending remedial work for existing street /parking lot lighting at four locations: 1. Fire station parking lot. The footings for two lights located on the slope north of the parking lot are beginning to shift towards the pond. The lights and parking lot will be relocated about 5' south. 2. Sullivan Lake Park. A light is located in the center of the new combined path on the east side of the park. The light will be relocated to the east side (edge) of the path. 3. 40"' Avenue, east of 4"' Street. One light on the north side of 40t" Avenue was removed due to an vehicular accident and needs to be replaced. 4. Grand Avenue. One city -owned light is missing on the west side of Grand Avenue, north of 47"' Avenue. The townhome association has also requested a cost estimate to install a decorative light at the intersection of Grand Avenue and 49"' Avenue in lieu of a standard street light. If approved, the townhome association will pay for the installation of the light and the City will pay for the ongoing electric cost to operate the light. Analysis & Conclusions: Staff recommends quotes be obtained to replace /install the lighting. Funding will be a combination of General Government Building, Parks, State Aid Maintenance, and Infrastructure funds. Recommended Motion: Move to authorize staff to seek quotes for the 2014 Street /Parking Lot Lighting Proj ect. Attachment: Project Location Map COUNCIL ACTION: 41 r . L r _ J _ t 1 i H C Z 0A W Qy L O �m I ZZ t H W W = L O � � U 2 2 Q a CO ,.. zw z z L Y O z Q•.� a z Q Q> 1i1 111 Q H C Z 0A W Qy L O �m I ZZ t CITY COUNCIL LETTER Meeting o£ Sept 8, 2014 AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda NO: BY: Shelley Hanson DATE: Sept. 3, 2014 DATE: BY G� BACKGROUND /ANALYSIS Attached is the business license agenda for the September 8, 2014 Council meeting. This agenda consists of applications for contractor licenses for 2014. 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 September 8, 2014 as presented. COUNCIL ACTION: 43 TO CITY COUNCIL Sept 8, 2014 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES -2014 BLDG *KB Service Co. 430 County Rd D East, Little Canada $60 *Walker Roofing 2270 Capp Rd, St Paul $60 *Castle Master Mechanical 5833 Vincent Ave S, Mpls $60 Belair Co. LLC 23950 Lake Blvd N, Forest Lake $60 Barr Web Industries 3530E 28th St, Mpls $60 TEMP LIQUOR LICENSE *Immaculate Conception 4030 Jackson St. Col. Hts. $100 For event Oct 11, 2014 44 CITY COUNCIL LETTER Meeting of: September 8, 2014 AGENDA SECTION: ITEMS FOR CONSIDERATION ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS I „ /1 ITEM: STATE AID STREET ASSESSMENT POLICY BY: K. Hansen BY: %' DATE: 9/4/14 1 DATE: Background: Local streets Under the City of Columbia Heights' Street Rehabilitation Program, local streets are included in one of 7 maintenance zones. The streets in each Zone are reviewed by staff every 7 to 10 years. A preservation /rehabilitation method is recommended to the City Council for each street. The methods include seal coat, mill and overlay, partial reconstruction, or full reconstruction. The construction cost is assessed to property owners in accordance with the Street Rehabilitation policy. The City subsidizes assessments on single family homes and duplexes for the different construction methods by the following percentages: Construction Method City Subsidy Seal Coat 0% Mill and Overlay 15% Partial Reconstruction 30% Full Reconstruction 50% State Aid Streets In the past, property owners were only assessed for new (original) curb and gutter on State Aid Streets. In January 2014, the Council amended the assessing policy to include State Aid Streets in the current Street Rehabilitation Policy — on the basis they would be assessed the same as a local street. At the Public Improvement Hearing in March, residents adjacent to State Aid Streets considered the assessment to be unfair based on the amount of traffic, particularly truck traffic, on State Aid Streets. Council requested staff review the assessment procedure for State Aid Streets. Analysis /Conclusions: 1. State Aid Street Condition: In the early 1990s, a 2" mill and overlay was done on the majority of State Aid Streets. Crack sealing and patching have been done more recently. Structurally, the majority of state aid streets are in good condition. However, the surface wear course (2- 3" layer) is deteriorating. Overlays in 2014 -2016 and in 8 to 10 years are recommended on those streets where the surface layer is deteriorating. 2. Assessment Discount Methodology: State Aid Funds are provided to the City of Columbia Heights based on "Construction Needs" and "Population Apportionment ". Construction needs are calculated on the typical cost to construct a 45 CITY COUNCIL LETTER Meeting of: September 8, 2014 AGENDA SECTION: ITEMS FOR CONSIDERATION ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS ITEM: STATE AID STREET ASSESSMENT POLICY BY: K. Hansen BY: DATE: 9/4/14 DATE: Page 2 bituminous street with curb and gutter. The width used in the calculation is based on average daily traffic (ADT) volume, not the actual in -place construction. The ADT for the construction needs was used to generate a discount rate for assessing state aid streets. Streets with higher traffic volumes would receive a larger discount. In Columbia Heights, normal residential street traffic is in the range of 300 to 800 vehicles per day. Streets with higher density housing, near shopping, or used as a thoroughfare are busier with ADT's in the 1,000 — 2,000 range. Staff felt that traffic up to 2,000 vehicles per day could be experienced on some local streets not designated as state aid. For that reason, no discount would be applied to state aid streets with ADT less than 2,000. Keeping with the 15% discount or subsidy applied to overlays, staff is recommending a discount rate of 15% for each increasing level of ADT used to calculate construction needs. The discount would only apply to single family and duplex properties. Refer to attached table and map. 3. 44th Avenue: Traffic counts were done in Columbia Heights in 2012. The counts are obtained by Columbia Heights Public Works employees and submitted to MnDOT. MnDOT reviews the counts and adjusts them for seasonal differences. The block by the Post Office has an ADT of 4850. The section from Tyler Place to Reservoir Blvd has an ADT of 3050. Traffic counts were done in July 2014 to confirm the MnDOT ADT. Manual traffic counts were done on Wednesday, June 25 and Thursday, June 26 from 7:00 a.m. to 5:00 p.m. A daily average of 1,969 vehicles was counted. Of these, 1,933 were passenger cars or trucks and 38 (about 2 %) were buses or larger trucks. Traffic counts and types of vehicles counted are summarized on the attached sheets. Additionally, the Police Department conducted speed surveys with the trailer from July 8 through July 10. The average speed on 44th Avenue was 29 mph and the 85th percentile speed was 34 mph. The 85" percentile speed is considered to be the speed that the majority of drivers feel comfortable traveling on any particular street. 4. Proposed 2014 and 44th Avenue Assessments Three State Aid Street overlay projects were approved in March 2014. The streets and ADT are listed below. No discount would be applied to 38th and 39th Avenues. A 15% discount would be applied to the properties on Stinson Blvd between Fairway Drive and 5th St NW. This discount would not apply to the properties on the local section of Stinson Blvd north of 5th Street NW. 46 CITY COUNCIL LETTER AGENDA SECTION: ITEMS FOR CONSIDERATION ITEM: STATE AID STREET ASSESSMENT POLICY Page 3 Meetm2 ot: ORIGINATING DEPARTMENT: PUBLIC WORKS BY: K. Hansen DATE: 9/4/14 CITY MANAGER BY: DATE: *Avenue rate is one -third the street rate The proposed assessment on 44th Avenue would be discounted 15 %, similar to Stinson Blvd, reducing the street assessment rate for single family and duplex properties from $1,836.00 to $1,560.60. Recommended Motion: Move to amend the State Aid Street Assessment Policy to include traffic volumes. KH:ky Attachments: Suggested assessment discount rates State aid streets based on ADT 44`b Avenue traffic counts Vehicle types NOTE: At the August 4th work session, the City of New Brighton assessing policy was discussed. While they do assess at a lower percentage (25 -30%), they do add a higher overhead amount of 18 -22% to the total construction cost. If the council desires to amend the MSA proposed assessments in that range within the context of our proposed policy, the percentage assessed would have to be reduced by another 15% in each of the ranges. COUNCIL ACTION: 47 Proposed Street Assessment* State Aid Street ADT Full Rate Subsidized Rate MSA Discount Rate 38th Avenue 195 $2,160.00 $1,836.00 39 "' Avenue 720 $2,160.00 $1,836.00 Stinson Blvd 2,000 $2,160.00 $1,560.60 Proposed Street Assessment Local Street ADT Full Rate Subsidized Rate Discount Rate Stinson Blvd $2,160.00 $1,836.00 - -- *Avenue rate is one -third the street rate The proposed assessment on 44th Avenue would be discounted 15 %, similar to Stinson Blvd, reducing the street assessment rate for single family and duplex properties from $1,836.00 to $1,560.60. Recommended Motion: Move to amend the State Aid Street Assessment Policy to include traffic volumes. KH:ky Attachments: Suggested assessment discount rates State aid streets based on ADT 44`b Avenue traffic counts Vehicle types NOTE: At the August 4th work session, the City of New Brighton assessing policy was discussed. While they do assess at a lower percentage (25 -30%), they do add a higher overhead amount of 18 -22% to the total construction cost. If the council desires to amend the MSA proposed assessments in that range within the context of our proposed policy, the percentage assessed would have to be reduced by another 15% in each of the ranges. COUNCIL ACTION: 47 V c� F..992 94 CA z H Q i 0 �a a, m m SA 0 V N m V f M � O m O 00 N a-+ �10 00 - O m ;I- N O N N M d" tl- Ln lU � 0 0 0 o 1 p O 00 L r- N M d' Ul ko t\ w w v N O. 00 � + I I I ON O O O O O d' O O O O O O O tj) N Ln M N r- N M d' Ul ko t\ w w v q :Ll lw O D 0 UL�� J 0 0 0 o. 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I z+ H UOl •J n I OOOHN T r - r- r -f m w H H N O O O O O Ln Ln O N w w O < < I < O 90 Ga Ga I H N N N N N N M M M M M M cw cr VT w l09 l0 l0 l0 w I` I` m W H CA P1 I M H rn LO COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of September 8, 2014 AGENDA SECTION: Public Hearings ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Community Development APPROVAL ITEM: Approve a Zoning Amendment for rezoning BY: Elizabeth Holmbeck BY: the property located at 4220 Central Avenue NE. DATE: September 4, 2014 BACKGROUND: At this time, Le Nguyen (property owner) is requesting a Zoning Amendment for rezoning the property located at 4220 Central Avenue NE. from Limited Business District (LB) to General Business District (GB). According to the applicant, it has been hard to find and retain tenants since the building was purchased in 2007. Additionally, the owners have lost potential tenants, because the proposed uses were not permitted in the Limited Business Zoning District. Recently, El Taco Loco, a taco food truck that currently operates in the parking lot outside of the building, approached the owner and requested to rent indoor space. With the food trucks success and popularity, the hope is to expand the business and allow for the business to stay open during the winter months by adding a small restaurant in the building. This is only possible if the property is rezoned, as the current zoning only allows for prepackaged food. Finally, if the property is rezoned to General Business, there would be more opportunities for the owner to allow a wider range of businesses to operate and strengthen the City's commercial corridor. RECOMMENDATION: The Planning and Zoning Commission held a Public Hearing on September 3rd, 2014 and recommended approval with a unanimous vote. RECOMMENDED MOTIONS: Motion: Move to waive the reading of Resolution No. 2014 -65, there being ample copies available to the public. Motion: That the Planning and Zoning Commission recommends that the City Council approve the Zoning Amendment for rezoning the property located at 4220 Central Avenue NE. Attachments: Resolution 2014 -65, Planning Report, Location Map, Pictures, Zoning Map, Zoning Classifications, Application, Applicant's Narrative COUNCIL ACTION: 60 RESOLUTION NO. 2014-65 RESOLUTION APPROVING A ZONING AMENDMENT FOR REZONING THE PROPERTY LOCATED AT 4220 CENTRAL AVENUE NE. WHEREAS, a proposal (Case #2014 -0901) has been submitted by Le Nguyen to the City Council requesting a Zoning Amendment from the City of Columbia Heights at the following site: ADDRESS: 4220 Central Avenue NE. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING: A Zoning Amendment for rezoning the property located at 4220 Central Avenue NE. WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on September 3, 2014; WHEREAS, the Planning and Zoning Commission has considered the advice and recommendations of the City staff regarding the effect of the proposed Zoning change 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. WHEREAS, the Planning Commission has reviewed and recommends approval of the proposed rezoning from LB, Limited Business District to GB, General Business District. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council rezones 4220 Central Avenue NE. to "General Business District ", and accepts and adopts the following findings of the Planning Commission: 1. The amendment is consistent with the Comprehensive Plan. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. 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. 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. 61 Passed this 8t' day of September 2014, Offered by: Seconded by: Roll Call: Attest: Katie Bruno City Clerk/Council Secretary Mayor Gary L. Peterson 62 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2014 -0901 DATE: August 28, 2014 TO: Columbia Heights Planning Commission APPLICANT: Le Nguyen LOCATION: 4220 Central Avenue NE. REQUEST: Zoning Amendment for Rezoning of Parcel PREPARED BY: Elizabeth Holmbeck, Associate Planner INTRODUCTION At this time, Le Nguyen (property owner) is requesting a rezoning of the property located at 4220 Central Avenue NE. from Limited Business District (LB) to General Business District (GB). According to the applicant, it has been hard to find and retain tenants since the building was purchased in 2007, due to the economic downturn. Additionally, the owners have lost potential tenants, because the proposed uses were not permitted in the Limited Business Zoning District. Recently, El Taco Loco, a taco food truck that currently operates in the parking lot outside of the building, approached the owner and requested to rent indoor space. With the food trucks success and popularity, the hope is to expand the business and allow for the business to stay open during the winter months by adding a small restaurant in the building. This is only possible if the property is rezoned, as the current zoning only allows for prepackaged food. Finally, if the property is rezoned, to General Business, there would be more opportunities for the owner to allow various types of businesses to locate in building. COMPREHENSIVE PLAN The Comprehensive Plan currently guides the property for Commercial Use. Therefore, the rezoning of the property from Limited Business to General Business would be consistent with the intended use of the property, and thus consistent with the Comprehensive Plan. ZONING ORDINANCE The property is located in the LB, Limited Business Zoning District. The properties to the north are zoned LB, Limited Business. The properties to the south are zoned GB, General 63 City of Columbia Heights Planning Commission September 3, 2014 Zoning Amendment, Rezoning Case # 2014 -0901 Business District. The properties to the east are zoned LB, Limited Business and GB, General Business. The properties to the west zoned R2A, One and Two Family Residential. 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 Comprehensive Plan currently guides the property for Commercial uses. Therefore, the rezoning of the property from Limited Business to General Business would be consistent with the intended use of the property, and thus consistent with the Comprehensive Plan. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. This is correct. The proposed rezoning will allow for a wider variety of businesses to be located at the property, thus strengthening our commercial corridor along Central Avenue. 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. This is correct. 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 trend of development and redevelopment along Central Avenue has promoted Central Avenue as the main commercial corridor for Columbia Heights. The Limited Business zoning classification is restrictive in allowing the types of uses that are compatible with the remainder of Central Avenue. The General Business zoning classification is more consistent with the types of uses along Central Avenue. RECOMMENDATION Staff recommends approval of the proposed Zoning Amendment for the rezoning of the property located at 4220 Central Avenue NE. Page 2 64 City of Columbia Heights Planning Commission September 3, 2014 Zoning Amendment, Rezoning Case # 2014 -0901 Motion: Move to waive the reading of Resolution No. 2014 -65, there being ample copies available to the public. Motion: The Planning Commission recommends that the City Council approve Resolution No. 2014 -65, being a resolution approving the Zoning Amendment for the rezoning of the property located at 4220 Central Ave. NE., Attachments • Resolution 2014 -65 • Application • Location Map • List of Businesses • Applicant's Drawing • Applicant's Narrative Page 3 65 A Al A COCA °T1' 220 Central Avenue NE. 43RD AVE NE 970 4315 1 4301 ;osym m �vaq a+ vo+j 43RD AVF Nt A-Arxn nvF uc 4257 4256 ; { ? 425 6 - 425 7 3 4256 4257 ; ; 1 ; 4251 4253 ' { 4250 i _._. _ - - -- ' I 4250 { 11 4250 4259 ; 4249 4247 ! 4246 . _'__� _ _I I { + t 4244 42431 i 4240 ; 4241 i [--A A 4241Y_ 4240 _. 42374234 _ v 123 7 i _ __.i i 4237 t �a a+ I i� 1 423 B 42JJ I �-` ;" 4233 vim. __ _ _ �_ + 4230 z tu 423 9 -- —4290 z 4233 4231 j--i228 i z {- -- u; ' { 42 1:2 AVE NE 42 r 4224 ! o 4225 4224 i 4227 ' 1. _ i__ �. z 4225 r,' i —....Y- 29 z x a 0 r o� a 0 r 4221 4220 rn i 4220 q 4221 u; I M ; o �40 .c o w +" 4217 { 4216 4219 4214 ^ 4217 ! 4219 0 4213 ' 420>! 4211 4270 i 4213 o j 4217 4209 -- 420 6 o 11 4211 I n 4205 y 4207 i ' j " �C uo ' %n t { { 4204 f 4205 j _ a o� Im a+ is % o g o 4201 s 4200 4201 { ' L 4201 ( ! { { 42ND AVE NE 42ND AVE NE I i � 42ND AVE NE _ 4157 ! 415 6 w 4153 9 ---� 900 900 , –3' r •t o 0 4149 1 4146 zi_ _ o, 4145 4144 1141+4140 137 � l 13 6 i � � _ � � -•�•• uj ,129 .t = L_ _, f• t=. ! 1 � i � {ElT 412 i ! PUBLIC SAFETY F ^i117� I {ENTER Ms, l i ! i i -_ -._ .. .- ! I Scale 12400 4113 i coLUirea I to a 1109 } �FEIGHTS FIRE ; 4157 AVE N! 1 `� TA T! i y 4 10 1 f` 4105 I 01( UMBIA WARGO 1 m I 4101 HEIGHTS PUUr E ! s COURT � 1 l Aam•Pha:a m 4220 Central Ave. NE 67 OAF rm 'Z -' : 21021,332131 a jAA, 0 o w - a Jul __ ua� N,;Lx im— W-Um *—F a m7wa CPS MI VI R-11 MI IF:�A 0I 0I 0=11 0I VI MI PI o MI Em K-.731 MI wm�WfwvN .F '7 MI 03 Kam � K-),Jm 0=11 KHr. 'Z -' : 21021,332131 a jAA, 0 o w - a Jul �IIf t11 MEN]. I's 4 w A iI ,Z M! it M COCCOU -3 ..P111I - ly" __ ua� N,;Lx im— W-Um *—F a m7wa CPS MI VI R-11 MI IF:�A 0I 0I 0=11 0I VI MI PI MI Em K-.731 MI wm�WfwvN .F '7 MI 03 m 1IF" NI �IIf t11 MEN]. I's 4 w A iI ,Z M! it M COCCOU -3 ..P111I - ly" LB, Limited Business District. (1) Purpose. The purpose of the LB, Limited Business District is to provide appropriate locations for limited retail sales and services for the convenience of adjacent residential neighborhoods. These areas are located along collector or arterial roadways in close proximity to residential neighborhoods, arranged and designed to be a functional and harmonious part of the neighborhood, and accessible by public sidewalks or trails as well as by roadways. (2) Permitted uses. Except as specifically limited herein, the following uses are permitted within the LB, Limited Business District: (a) Multiple - family dwelling. (b) Government office. (c) Government protective service facility. (d) Public park and /or playground. (e) Clinic, medical or dental. (f) Clinic, veterinary. (g) Funeral home. (h) Office, not exceeding 4,000 square feet in area. (i) Studio, professional. (j) Service, professional. (3) Conditional uses. Except as specifically limited herein, the following uses maybe allowed in the LB, Limited Business District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (a) Religious facility /place of worship. (b) Convent or monastery, when accessory to a religious facility. (c) School, public or private, K -12. (d) School, vocational or business. (e) School, performing /visual /martial arts. (f) Licensed day care facility, child or adult. (g) Government maintenance facility. (h) State licensed residential care facility. 69 (i) Congregate living facility, including rooming houses, group living quarters, nursing homes, senior housing, assisted living facility, traditional housing and emergency housing. (j) Bed and breakfast home, when accessory to a single - family dwelling. (k) Community center. (1) Recreational facility, indoor. (m) Recreational facility, outdoor. (n) Single- family dwelling, when accessory to a commercial use. (o) Food service, limited (coffee shop /deli). (p) Hospital. (q) Museum /gallery. (r) Retail sales, not exceeding 2,500 square feet in area. (s) Hotel or motel. (t) Fences greater than six feet in height. 70 GB, General Business District. (1) Purpose. The purpose of the GB General Business District is to provide appropriate locations for general retail sales, services and other commercial developments that benefit from their proximity to other commercial uses. These areas are located away from residential neighborhoods, along arterial roadways and are accessible primarily by automobile. (2) Permitted uses. Except as specifically limited herein, the following uses are permitted within the GB, General Business District: (a) Community center. (b) Government office. (c) Government protective service facility. (d) Public park and /or playground. (e) Recreational facility, indoor. (f) Recreational facility, outdoor. (g) School, vocational or business. (h) School, performing /visual /martial arts. (i) Auditorium /place of assembly. (j) Automobile convenience facility. (k) Automobile repair, minor. (1) Banquet hall. (m) Billiards hall. (n) Bowling alley. (o) Car wash. (p) Clinic, medical or dental. (q) Clinic, veterinary. (r) Day care facility, adult or child. 71 (s) Financial institution. (t) Food service, convenience (fast food). (u) Food service, limited (coffee shop /deli). (v) Food service, full service (restaurant /nightclub). (w) Funeral home. (x) Greenhouse /garden center. (y) Health or fitness club. (z) Hotel /motel. (aa) Laboratory, medical. (bb) Liquor store, off -sale. (cc) Museum or gallery. (dd) Office. (ee) Retail sales. (ff) Service, professional. (gg) Shopping center. (hh) Studio, professional. (ii) Studio, radio and television. (jj) Theater, live performance. (kk) Theater, movie. (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the GB, General Business District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (a) Government maintenance facility. (b) Arcade. 72 (c) Automobile sales /rental, new. (d) Automobile sales, used (in building). (e) Recreational vehicle sales, new. (f) Recreational vehicle sales, used (in building). (g) Firearms dealer /shooting range. (h) Hospital. (i) Outdoor sales or display. (j) Outdoor storage. (k) Parking ramp. (1) Assembly, manufacturing and /or processing. (m) Printing and /or publishing. (n) Consignment /secondhand store. (o) Club or lodge. (p) Currency exchange. (q) Pawnshop. (r) Drop -in facility. (s) Fences greater than six feet in height. (t) Animal kennel and /or shelter. (u) Precious metal dealerships. 73 CITY OF COLUMBIA HEIGHTS ZONING AMENDMENT APPLICATION To be filled out by City. CASE NO.: DATE RECEIVED: APPLICABLE ORDINANCE NO.: 9.104(F) DATE OF LETTER OF COMPLETION: PRESENT LAND USE PLAN DESIGNATION: APPROVAL DATE PER STATUTE: REZONING ZONING AMENDMENT REVIEW PERIOD EXTENDED: To be filled out by Applicant. PROJECT ADDRESS /LOCATION: 49,10 CEN j "L AVE tJE � cGLUMBIIA HOC- H- S,MA/,5 Y,2 LEGAL DESCRIPTION OF PROPERTY INVOLVED (attach separate page if necessary): (L0LUnr6iH i D( --YHTS AsNNEX To MINhi If0U5, NOKA COUNTX M( !i IF OT��`� -7i bLT K -i7, C-OL ijTA ANhfCX I I PRESENT ZONING OF PROPERTY: PROPOSED ZONING OF PROPERTY: G-F-W E PA L &SINES S SECTION NUMBER OF TEXT TO BE CHANGED: REASON FOR REQUEST (please provide a written narrative that explains how the existing use of the property and the zoning classification of other property within the general area are compatible with the proposed zoning classification. Also describe whether there has been a change in the character or trend of development in the general area that has taken place since the property was originally placed in its current zoning classification. if applicable, provide the existing text that you are requesting be changed and provide the proposed text.) APPLICANT PHONE 7L_2 - -, ),, -(i j 1 FAX 7L-3--- � f % E -MAIL f:-Hl �,y� i f1oC. t_ zn� PAGER r— ADDRESS 4 � 4 L L^ K E n% CELL# 7G.._1 _[_?(' CITY LINO LAKES STATE M /y ZIP FEE OWNER OF PROPERTY L- L_T P RU CE IZ `j`j ES L LC ADDRESS 6,1 4 � LAKE D F-, PHONE FAX CITY LI o l-C' is STATE MN ZIP �-o I q Page 1 of 2 74 CITY OF COLUMBIA HEIGHTS ZONING AMENDMENT APPLICATION THIS APPLICATION IS SUBJECT TO ACCEPTANCE BY THE CITY PLANNER AND REVIEW OF APPLICATION AND NECESSARY MATERIALS BEING SUBMITTED. ITEMS TO BE GIVEN TO APPLICANT WITH APPLICATION A. Application Checklist B. Schedule of Planning and Zoning Commission Meetings ITEMS TO ACCOMPANY REZONING / ZONING AMENDMENT APPLICATION A. Application submitted as required in the attached application checklist. B. Two copies of a list of property owners within 350 feet of the subject property (for rezoning). APPLICATION FEES: A. $545.00 Zoning Amendment $ TOTAL AMOUNT RECEIVED $ CITY RECEIPT NUMBER 6( 0 q ' DATE RECEIVED `8" I!�J Acknowledgement: The undersigned hereby represents upon all of the penalties of law, for the purpose of inducing the City of Columbia Heights to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance with the Ordinances of the City of Columbia Heights and the State of Minnesota: X APPLICANT SIGNATURE PROPERTY OWNER SIGNATURE (If different from Applicant) DATE � - 6 - DATE �.vw1rv1k.Jw1 I T LJC:vcLV1'IV1t=N 15 I At-1- MEMBER AND TITLE DATE Revised 2005 Approved by the Columbia Heights Planning Commission on Approved by the Columbia Heights City Council on Page 2 of 2 75 Le Nguyen & Thinh Huynh 6946 Lake Dr Lino Lakes, MN 55014 August 5, 2014 City Development Committee Columbia Heights, MN Reg: Rezoning - 4220 Central Ave NE, Columbia Heights, MN 55421 To Whom It May Concern: We're the owners of the property at 4220 Central Ave NE, Columbia Heights, MN 55421. We're writing this letter to explain why we'd like to change the zoning for our property. Since we purchased this property in 2007, the market has gone down tremendously and we have lost many Tenants as many small businesses had to close their businesses. We've been struggling to survive and keep the property in good condition despite the fact that we do not collect enough rents to pay for the mortgage and utilities for this property. We also have lost a number of potential Tenants because their businesses were not allowed in the Limited Zoning for our property. Our current Tenant, Antonio Vidal, has been renting a unit to run his Taco Truck business successfully and would like to bring it inside the building in the winter, but the Limited Zoning would not allow him to do so. We really need him to stay and bring in other businesses to keep the building alive. Without him, we will not be able to keep this property and might have to be foreclosed by the Lender. If we were granted to change the zoning to General Business, it'd open up many opportunities for us to attract other potential Tenants and therefore will be able to keep our property in good condition as we always do. We hope that you understand our situation and help us to bring more good businesses to the area to build a good and strong neighborhood. Thank you very much for your consideration. Sincerely, Le Nguyen & Thinh Huynh 76 CITY COUNCIL LETTER AGENDA SECTION: OTHER ITEMS FOR CONSIDERATION ITEM: RESOLUTION 2014 -54; BEING A RESOLUTION ADOPTING A PROPOSED BUDGET FOR THE YEAR 2015, SETTING THE PROPOSED CITY LEVY, APPROVING THE HRA LEVY, APPROVING A TAX RATE INCREASE, AND ESTABLISHING A BUDGET HEARING DATE FOR PROPERTY TAXES PAYABLE IN 2015. ORIGINATING DEPT FINANCE of: September 8, 2014 CITY MANAGER APPROVAL BY: JOSEPH KLOIBER I BY: DATE: 09/04/2014 Background As required under the city charter, the city manager provided the city council with his recommended proposed 2015 budget and tax levy at a regular council meeting in August. The related Resolution 2014 -54 is attached. Under state statute, the council must adopt a proposed budget and tax levy prior to September 15th each year. Under this statute, the final tax levy adopted by the council in December can be less than the proposed levy, but it cannot be greater than the proposed levy. This timing provides for the state's Truth in Taxation process, whereby counties mail to each taxpayer a notice stating the proposed tax amounts for each jurisdiction covering a property. These notices are received by the taxpayer in November. This allows the taxpayer time to form an opinion on the proposed tax amounts prior to the final public hearing on the levy in December. Analysis The city manager's 2015 Budget Message explains the proposed 2015 budget and tax levy with 127 pages of summary and detail information, including comparison to the current and two prior years. In addition to the hardcopies distributed to the city council and the city library, this document is available on the Finance department page of the city website. The first five pages of the document are a narrative analysis that supports the city manager's recommendation to approve the proposed 2015 budget and levy resolution. The proposed increase to the gross City levy is 3.25 %, which is the smallest increase to the gross levy since 2007. Despite this increase, the share of the levy paid by local taxpayers will still be slightly less than what local taxpayers paid in 2013. The next steps in the budget process Departmental budget presentations by staff, including time for city council questions, are scheduled for the council work sessions of September 29th and October 8th. The departmental detail budget workbooks for these presentations will be distributed in advance of the work sessions. 77 City of Columbia Heights City Council Meeting of September 8, 2014 Page 2 RECOMMENDED MOTION: Move to waive the reading of Resolution 2014 -54 there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt Resolution 2014 -54, being a resolution adopting a proposed budget for the year 2015, setting the proposed City levy, approving the HRA levy, approving a tax rate increase, establishing a budget hearing date for property taxes payable in 2015 of December 8, 2014, at approximately 7:00 p.m. in the city council chambers. JK: nb ] 409041 COLJNCIL Attachment COUNCIL ACTION: 78 RESOLUTION 2014 -54 RESOLUTION ADOPTING A PROPOSED BUDGET FOR THE YEAR 2015, SETTING THE PROPOSED CITY LEVY, APPROVING THE HRA LEVY, APPROVING A TAX RATE INCREASE, AND ESTABLISHING A BUDGET HEARING DATE FOR PROPERTY TAXES PAYABLE IN 2015. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: that the following is hereby adopted by the City of Columbia Heights: Section A. The budget for the City of Columbia Heights for the year 2015 is hereby approved and adopted with appropriations for each of the funds listed below. Section B. The estimated gross revenues to fund the budget of the City of Columbia Heights for all funds, including general ad valorum tax levies and use of fund balances, as hereinafter set forth for the year 2015. Expense Governmental Funds Governmental Funds 11,718,147 Community Development Fund 206,200 General Fund 11,631,398 Cable Television 188,000 Community Development Fund 272,743 Capital Project Funds 1,158,811 Economic Development Authority Admin. 230,775 Proprietary Funds Cable Television 106,455 Sewer Fund 1,960,116 Library 833,971 Storm Sewer Fund 685,467 Capital Project Funds 2,143,020 Central Garage 696,650 Debt Service Funds 1,543,165 Information Systems 338,000 Proprietary Funds 742,345 Capital Assets Bond Principal Water Fund 2,843,661 895,000 241,028 Sewer Fund 2,470,358 360,000 35,000 Refuse Fund 1,926,735 0 0 Storm Sewer Fund 646,475 940,000 120,256 Liquor Fund 9,545,338 0 180,000 Central Garage 713,505 0 0 Building Maintenance 151,224 0 0 Information Systems 372,982 340,000 0 Total Including Interfund Transfers 35,431,805 2,535,000 576,284 Section B. The estimated gross revenues to fund the budget of the City of Columbia Heights for all funds, including general ad valorum tax levies and use of fund balances, as hereinafter set forth for the year 2015. 79 Revenue Governmental Funds General Fund 11,718,147 Community Development Fund 206,200 Economic Development Authority Admin. 260,578 Cable Television 188,000 Library 833,971 Capital Project Funds 1,158,811 Debt Service Funds 1,600,254 Proprietary Funds Water Fund 3,177,401 Sewer Fund 1,960,116 Refuse Fund 1,914,065 Storm Sewer Fund 685,467 Liquor Fund 9,804,400 Central Garage 696,650 Building Maintenance 147,400 Information Systems 338,000 Use of Fund Balance 742,345 Total Including Interfund Transfers 35, 79 Section C. The following sums of money are levied for the current year, collectable in 2015 upon the taxable property in said City of Columbia Heights, for the following purposes: Estimated General Fund Levy 8,673,000 Estimated Library Levy 804,389 Estimated EDA Fund Levy 84,000 Total 9,561,389 Section D. The City Council of the City of Columbia Heights hereby approves the Housing and Redevelopment Authority Tax Levy for the fiscal year 2015 in the amount of $176,578. BE IT FURTHER RESOLVED: That the public budget hearing is scheduled for December 8, 2014 at approximately 7:00 p.m. in the City Council Chambers. BE IT FURTHER RESOLVED: That the County Auditor is authorized to fix a property tax rate for taxes payable in the year 2015 that is higher than the tax rate calculated for the City for taxes levied in 2013 collectable in 2014. BE IT FURTHER RESOLVED: That the City has adequate fund balances and reserves to pay bond principal and interest payments on General Obligation Bond Series 2007A in the amount of $10,000 and that the County Auditor is authorized to cancel $10,000 of the related Bond Levy for taxes payable in 2015, leaving a balance of $121,663 to be levied for taxes payable in 2015 for Series 2007A. BE IT FURTHER RESOLVED: That the City has adequate fund balances and reserves to pay bond principal and interest payments on General Obligation Bond Series 2008B in the amount of $340,046 and that the County Auditor is authorized to cancel $340,046 of the related Bond Levy for taxes payable in 2015, leaving a balance of $317,608 to be levied for taxes payable in 2015 for Series 2008B. BE IT FURTHER RESOLVED: That the City has adequate fund balances and reserves to pay bond principal and interest payments on General Obligation Bond Series 2009A in the amount of $3,955 and that the County Auditor is authorized to cancel $3,955 of the related Bond Levy for taxes payable in 2015, leaving a balance of $233,046 to be levied for taxes payable in 2015 for Series 2009A. BE IT FURTHER RESOLVED: That the City has adequate fund balances and reserves to pay bond principal and interest payments on General Obligation Bond Series 2013A in the amount of $95,220 and that the County Auditor is authorized to cancel the related Bond Levy in its entirety for taxes payable 2015. The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Anoka County, Minnesota. Approved this Offered By: Seconded By: Roll Call: Ayes: Nays: Katie Bruno City Clerk /Council Secretary day of Mayor Gary L. Peterson 80