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HomeMy WebLinkAbout06-13-2016OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING JUNE 13, 2016 The following are the minutes for the regular meeting of the City Council held at 7:00 PM on Monday June 13, 2016 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota 1. CALL TO ORDER Mayor Peterson called the meeting to order at 7:07 p.m. 2. ROLL CALL Present: Mayor Peterson, Councilmembers Nawrocki, Williams, Schmitt and Murzyn, Jr. Also Present: Walt Fehst; City Manager, Jim Hoeft; City Attorney, Kevin Hansen; Public Works Director, Gary Gorman; Fire Chief, Joe Hogeboom; Community Development Director, Keith Dahl; Economic Development Manager, Joe Kloiber; Finance Director and Katie Bruno; City Clerk /Council Secretary 3. INVOCATION Invocation provided by Max Richter, Community Methodist Church 4. PLEDGE OF ALLEGIANCE S. 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. Presentation of Humanitarian of the Year Award to Robert Peltier Mayor Peterson read a certificate detailing many of Mr. Peltier's volunteer activities, noting that a total of nine nominations were received from the community. Mr. Peltier gratefully accepted the award, and thanked the many others he has worked with. Councilmember Nawrocki thanked Bob on behalf of the community, noting he is most deserving of the award. Dave Rudolph; representing SACA shared that Bob is a "joy to work with" and has contributed to the success of SACA. B. Recognition of Jon Moberg, Columbia Academy Mayor Peterson acknowledged Columbia Academy Assistant Principal Jon Moberg for administering the Heimlich Maneuver on a sixth -grade student who was choking on a carrot during lunch. C. Recognition of Sun Focus Reporter, Kassie Petermann Mayor Peterson presented Kassie Petermann from the Sun Focus with a certificate, and thanked her for her dedicated service in reporting the news and events for the City of Columbia Heights. 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.) A. Approve Minutes of the City Council MOTION: Move to approve the minutes of the City Council meeting of May 23, 2016 MOTION: Move to approve the minutes of the City Council worksession of June 6, 2016 B. Accept Board and Commission Meeting Minutes MOTION: Move to accept the minutes of the Library Board Meeting from May 4, 2016 MOTION: Move to accept the minutes of the Park & Recreation Commission meeting from Jan. 27, 2016 MOTION: Move to accept the minutes of the Park & Recreation Commission meeting from April 27, 2016 MOTION: Move to accept the minutes of EDA meeting from January 4, 2016 MOTION: Move to accept the minutes of EDA meeting from April 4, 2016 MOTION: Move to accept the minutes of EDA meeting from May 2, 2016 C. Consenting to and Approving The Issuance by the Columbia Heights Economic Development Authority of Tax Increment Revenue Refunding Bonds. Res No. 2016 -50 MOTION: Move to waive the reading of Resolution 2016 -50, there being ample copies available to the public. MOTION: Move to adopt Resolution 2016 -50, Resolution consenting to and approving the issuance by the Columbia Heights Economic Development Authority of Tax Increment Revenue Refunding Bonds. D. Final Payment For Sanitary Sewer Lining, Project 1404 MOTION: Move to accept the work for Sanitary Sewer Lining, City Project No. 1404, and to authorize final payment of $7,350.90 to Veit and Company, Inc. of Rogers, Minnesota. E. Authorize Capital Equipment Purchase. *Removed for Discussion F. Property Donation located at 666 40th Ave. NE Columbia Heights. *Removed for Discussion G. Stinson Business Center Development Contract. *Removed for Discussion H. Approve Resolution for a Joint Grant Application Supporting the Reconstruction of 37th Avenue From Central Avenue to Stinson Boulevard. *Removed for Discussion 1. Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for June 13, 2016. J. 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 161362 through 161644 in the amount of $ 3,162,376.55. Councilmember Nawrocki requested items E, F, G and H be removed for discussion. Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. to approve the consent agenda items A, B, C, D, 1, and J. All Ayes, Motion Carried. The following items were removed for discussion: E. Authorize Capital Equipment Purchase Director of Public Works, Kevin Hansen explained that the city maintains turf in various areas of the city that is sloped and quite steep; including Jackson Pond, the University Avenue right of way, and the water tower hill. The Ventrac 4500 is a slope mower that can cut grass on steep terrain and will navigate slopes up to 30 degrees. We would also be able to utilize this machine as a backup to our 580 Toro lawn mower for field mowing. Another advantage of this piece of equipment is that it has attachments for snow and ice control as well as other numerous applications. City Manager Walt Fehst reported this will address safety concerns as well. Motion by Councilmember Murzyn, Jr., seconded by Councilmember Schmitt to authorize the purchase of (1) new Ventrac 4500 Tractor with attachments from Cushman Motor Company, inc. of Minneapolis, MN for a total cost of .$44,108.51. Funding shall come from the Parks Capital Equipment Fund 431 - 45200. All Ayes, Motion Carried. F. Property Donation located at 666 40th Ave. NE Columbia Heights Economic Development Manager Keith Dahl reported the City has been working with the property owner for some time due to title issues. Councilmember Nawrocki questioned the plans for the donated property. Director Hansen stated the structure may be demolished, to allow for greenspace and an entry point for Huset Park. Motion by Councilmember Nawrocki, seconded by Councilmember Williams to waive the reading of Resolution 2016 -51, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Murzyn, Jr., seconded by Councilmember Schmitt to approve resolution 2016 -51 authorizing acceptance of the donation of the property located at 666 40th Avenue Northeast in the City of Columbia Heights; and furthermore, to authorize the City Manager to enter into any agreements for the same. All Ayes, Motion Carried. G. Stinson Business Center Development Contract Community Development Director Joe Hogeboom reported that in March the Planning and Zoning Commission approved the site plan for a proposal to construct a two phased development. The first phase will include a 5,120 sq. ft. commercial building, which will house a dental office and one -two other tenants. Phase one construction is expected to begin this summer. Phase two is for a proposed 10,240 sq. ft. building which will be marketed to other commercial - medical types of uses. Currently there is no construction timeline for phase two. The proposed development will include a 10 foot wide bituminous public trail on the north side of the lot and a decorative water ponding feature on the west side of the lot. Councilmember Nawrocki asked if there is additional cost to the City other than the cost of preparing the agreement. Director Hansen stated that all development contracts include certain requirements including site restoration, and standard curb cuts. The City will be constructing the trail, with funds available in the Parks budget. Councilmember Schmitt inquired about the reason for a pond. Director Hansen explained this is a minimum requirement of the Rice Creek Watershed District. Motion by Councilmember Williams, seconded by Councilmember Schmitt to waive the reading of Resolution No. 2016 -52, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Williams, seconded by Councilmember Schmitt to approve Resolution No. 2016 -52, being a resolution of the City Council of Columbia Heights, Minnesota, authorizing the execution of the Development Contract far Stinson Business Center, between the City of Columbia Heights and Salad Investments, LLC. All Ayes, Motion Carried. H. Approve Resolution for a Joint Grant Application Supporting the Reconstruction of 37th Avenue From Central Avenue to Stinson Boulevard Director of Public Works, Kevin Hansen reported that recently, the City of Minneapolis contacted us to begin discussions on the street and to look at potential funding sources. Estimates of the reconstruction cost of this segment of roadway are in the $8 -10 million range. Minneapolis brought forward the idea of jointly applying for Federal Funds under the Regional Solicitation Program, administered by Metropolitan Council. Applications are due to Metropolitan Council July 15th, and awards are made in January of 2017. Funding is for projects in years 2020 and 2021. The City of Columbia Heights share is state -aid eligible. Motion by Councilmember Nawrocki, seconded by Councilmember Williams to waive the reading of Resolution 2016 -53, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Nawrocki, seconded by Councilmember Williams to adopt Resolution 2016 -53 in support of the request for Federal STP funds for the 37th Avenue Improvements from Central Avenue to Stinson Boulevard. All Ayes, Motion Carried. 8. PUBLIC HEARINGS 9. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions a. First Reading of Ordinance 1628, Amending Chapter 8, Article IV, of City Code Fire Chief Gary Gorman reported the Minnesota State Fire Code is updated every few years through the State code adoption process. In 2005, City Code was amended to perpetually adopt the most recent version of the Fire Code along with some of the optional appendices. On May 2, 2016 the State adopted the 2015 State Fire Code. While the City does not need to adopt the new version of the fire code it may need to change the appendices that are adopted. The proposed change to City Code allows for the City to adopt the optional appendices by Council Resolution instead of by Ordinance if there is a change. Motion by Councilmember Murzyn, Jr., seconded by Councilmember Williams to waive the reading of Ordinance No. 1628, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Murzyn, Jr., seconded by Councilmember Williams to establish a second reading of Ordinance No. 1628 being an Ordinance amending Chapter 8, Article IV of City Code of 2005 relating to the adoption of the Minnesota State Fire Code for July 11, 2016 at approximately 7:00 pm in the Council Chambers. b. First Reading of Ordinance 1631, Conveyance of Certain Real Property to the EDA Economic Development Manager Keith Dahl reported the EDA administers a Scattered Site Housing Program. The EDA intended to convey twelve properties to contractors that will construct homes, and to that end has engaged the services of Re /Max Synergy through an Exclusive Right to Sell Listing Contract. The property located at 40115th Street is one of the twelve properties intended to be conveyed to a contractor, however the aforementioned property was and is owned by the City. In order for the EDA to convey this property, the City needs to approve Ordinance 1631 conveying 40115th Street from the City to the EDA. Motion by Councilmember Nawrocki, seconded by Councilmember Williams to waive the reading of Ordinance No. 1631, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Nawrocki, seconded by Councilmember Williams to set the second reading of Ordinance No. 1631, being an ordinance authorizing the conveyance of certain real property located at 4011 5th Street, forlune 27, 2016 at approximately 7:00 P.M. in the City Council Chambers. All Ayes, Motion Carried. B. Bid Considerations C. New Business and Reports 10. ADMINISTRATIVE REPORTS City Manager Walt Fehst reported the delegation for the All America City Awards will be leaving Thursday June 16th, and thanked the Council for their support as well as all of those involved in the planning and preparation. Councilmember Nawrocki requested the council receive a copy of the draft newsletter when it becomes available. Councilmember Nawrocki stated the area on 39th Ave between Quincy & Jefferson still needs to be addressed, as there are excess vehicles and tires. City Manager Fehst indicated there has been some improvement, and will check the city code regarding tire storage. MW6AtVA ?%-2 ;101 4N 12. ADJOURNMENT Mayor Peterson reminded us to remember our service men and women, and our police officers and fire fighters, and to keep them in our thoughts and prayers. Meeting adjourned at 8:09 p.m. Respectively Submitted, Katie Bruno, Council Secretary /City Clerk Resolution No. 2016 -50 CONSENTING TO AND APPROVING THE ISSUANCE BY THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY OF TAX INCREMENT REVENUE REFUNDING BONDS BE IT RESOLVED by the City Council (the "City Council ") of the City of Columbia Heights, Minnesota (the "City ") as follows: Section 1. Findings. 1.01. The Columbia Heights Economic Development Authority (the "Authority ") and the City previously established the Huset Park Area Tax Increment Financing District (the "TIF District ") pursuant to authority granted by Minnesota Statutes, Sections 469.174 through 469.1794, as amended (the "Tax Increment Act "), within the Downtown CBD Redevelopment Project (the "Redevelopment Project "), and adopted a tax increment financing plan for the purpose of financing certain improvements within the TIF District. In order to provide for the redevelopment of the Redevelopment Project and the TIF District, the Authority entered into an Amended and Restated Contract for Private Redevelopment, dated as of August 1, 2007, between the Authority, the City, and BNC National Bank, as successor in interest to Huset Park Development Corporation, dated as of August 1, 2007, as amended, and pursuant to the Second Amended and Restated Contract for Private Redevelopment, dated October 30, 2015 (the "Contract ") between the Authority, the City, and Columbia Heights Leased Housing Associates I, LLLP, a Minnesota limited liability limited partnership (the "Redeveloper "). 1.02. Pursuant to Section 469.178 of the Tax Increment Act, the Authority is authorized to issue and sell its bonds for the purpose of financing or refinancing public redevelopment costs of the Redevelopment Project and to pledge tax increment revenues derived from a tax increment financing district established within the Redevelopment Project to the payment of the principal of and interest on such obligations. 1.03. On August 3, 2007, the Authority issued its Tax Increment Revenue Bonds (Huset Park Area Redevelopment Project), Series 2007 (the "Prior Bonds "), in the original aggregate principal amount of $2,890,000, pursuant to the TIF Act, Minnesota Statutes, Sections 469.001 through 469.047, as amended, and Minnesota Statutes, Sections 469.090 through 469.1082, as amended (collectively, the "Act'). The Authority applied the proceeds of the Prior Bonds to finance certain public redevelopment costs of the Redevelopment Project (the "Project Costs "). The Prior Bonds are currently outstanding in the principal amount of $2,475,000 and are subject to redemption at the option of the Authority on or after August 15, 2015, at a price of par plus accrued interest. 1.04. On the date hereof, the Board of Commissioners (the `Board ") of the Authority has considered a resolution (the "Bond Resolution ") authorizing the issuance of its Tax Increment Revenue Refunding Bonds (Huset Park Area Redevelopment Project), Series 2016 (the "Bonds "). The Bonds are proposed to be issued pursuant to the terms of the Bond Resolution and a First Amendment to Paying Agent Agreement (the "Paying Agent Agreement'), between the Authority and Bond Trust Services Corporation (the "Paying Agent'), which amends the Paying Agent Agreement with respect to the Prior Bonds, dated as of August 1, 2007, between the Authority and the Paying Agent. The Bonds shall be secured by the terms of the Paying Agent Agreement and shall be payable solely from Available Tax Increment (as defined in the Paying Agent Agreement) that is expressly pledged to the payment of the Bonds pursuant to the terms of the Paying Agent Agreement. 1.05. Pursuant to City Council Resolution No. 2001 -62 (the enabling resolution for the Authority), the City Council must approve the issuance of bonds by the Authority. Section 2. Approval of Bonds. 2.01. The City Council hereby approves and consents to the issuance by the Authority of the Bonds upon the terms and pursuant to the conditions set forth in the Bond Resolution and the Paying Agent Agreement. The City Council approves and consents to the application of the proceeds derived from the sale of the Bonds to the refinancing of the Project Costs, the payment of the costs of issuance and other related costs with respect to the Bonds, and the funding of a reserve fund. 2.02. As provided in the Paying Agent Agreement and the Bonds, the Bonds are not to be payable from nor charged upon any funds of the Authority or of the City, other than the revenues pledged to the payment thereof, the Authority and the City are not subject to any liability thereon except from such revenues pledged to the payment thereof, and no holders of the Bonds shall ever have the right to compel any exercise of the taxing powers of the Authority or the City (other than as contemplated by the pledge of tax increment revenues under the terms of the Paying Agent Agreement) to pay any of the Bonds or the interest thereon, nor to enforce payment thereof against any property of the Authority or City other than the property expressly pledged thereto; the Bonds shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the Authority or the City other than the revenues expressly pledged thereto; each Bond issued under the Paying Agent Agreement shall recite that the Bonds are issued without a pledge of the general or moral obligation of the Authority, and that the Bonds, including interest thereon, are payable solely from the revenues pledged to the payment thereof, and no Bond shall constitute a debt of the Authority or the City within the meaning of any constitutional, statutory, or charter limitation. Resolution No. 2016 -51 A Resolution Authorizing the Acceptance of a Donation of the Property Located at 666 40th Avenue Northeast in the City of Columbia WHEREAS, the City of Columbia Heights is authorized to accept donations of real property and personal property pursuant to Minnesota Statues Section 465.03 for the benefit of its citizens; and WHEREAS, the property owner Michael Thoennes has offered to donate the property located at 666 40th Avenue Northeast, in the City of Columbia Heights, County of Anoka, State of Minnesota, which is legally described as follows: Lots 45 and 46, Block 65, Columbia Heights Annex to Minneapolis, County of Anoka, State of Minnesota, according to the recorded plat thereof; and WHEREAS, the offer to donate the subject property was received by the City of Columbia Heights in a letter dated December 23, 2008; and WHEREAS, the property will be used as a park access into Huset Park; and WHEREAS, accepting the donation and removing the building is consistent with the City of Columbia Heights Comprehensive Plan; and WHEREAS, the City Council finds that it is appropriate to accept the donation of the subject property. NOW, THEREFORE BE IT RESOLVED that the City of Columbia Heights accepts the donations of the subject property donation based on the following: 1) All utilities are paid by the subject property owner by the date of closing 2) The City will be responsible for any taxes due and payable in 2016 and beyond 3) The building shall be vacant upon closing 4) Staff is authorized to prepare bids and documents for the purpose of demolition to the building on the subject property. A resolution of the City Council for the City of Columbia Heights, Minnesota, authorizing the execution of the Development Contract for Stinson Business Center, between the City of Columbia Heights and Salad Investments, LLC. Whereas, the Planning and Zoning Commission approved the Site Plan for the Stinson Business Center on March 2nd 2016; and Whereas, certain public improvements will be completed as a component of the project, including the installation of a public trail on the north end of the property from Stinson Boulevard to McKinley Street., and a storm water retention ponding feature on the west side of the property; and Whereas, certain public improvements associated with the project are necessary to be reviewed and monitored by the City. 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 approves Resolution No. 2016 -52, authorizing the execution of the Development Contract for Stinson Business Center, between the City of Columbia Heights and Salad Investments, LLC. Resolution No. 2016 -52 A resolution of the City Council for the City of Columbia Heights, Minnesota, authorizing the execution of the Development Contract for Stinson Business Center, between the City of Columbia Heights and Salad Investments, LLC. Whereas, the Planning and Zoning Commission approved the Site Plan for the Stinson Business Center on March 2nd 2016; and Whereas, certain public improvements will be completed as a component of the project, including the installation of a public trail on the north end of the property from Stinson Boulevard to McKinley Street., and a storm water retention ponding feature on the west side of the property; and Whereas, certain public improvements associated with the project are necessary to be reviewed and monitored by the City. 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 approves Resolution No. 2016 -52, authorizing the execution of the Development Contract for Stinson Business Center, between the City of Columbia Heights and Salad Investments, LLC. Resolution No. 2016 -53 A resolution of the City Council for the City of Columbia Heights, Minnesota, supporting Federal Surface Transportation Program (STP) funding application submittal for 37th Avenue Improvements WHEREAS, the City Council of the City of Columbia Heights is the official governing body; and WHEREAS, the centerline of 37th Avenue from Central Avenue to Stinson Boulevard represents the municipal boundary between the cities of Columbia Heights and Minneapolis; and WHEREAS, the cities of Minneapolis and Columbia Heights jointly desire to reconstruct 37th Avenue from Central Avenue to Stinson Boulevard; and WHEREAS, the improvements are intended to create a safe, efficient, pedestrian friendly, "green ", multimodal compatible roadway; and WHEREAS, the project is consistent with the City of Columbia Height's Comprehensive Pedestrian and Trail Plan; and WHEREAS, the proposed pedestrian improvement on 37th Avenue will provide east- west connectivity of the local pedestrian system; and WHEREAS, the City of Columbia Heights accepts responsibility for an amount equal to or greater than 20 percent (cost is shared with the City of Minneapolis) of the eligible project construction cost, together with the cost for design, administration, right -of -way, and peripheral project costs; and WHEREAS, the City of Columbia Heights is committed to the operation and maintenance of the improvements under the City's jurisdiction for the design life of these improvements; Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of Columbia Heights makes the following: Findings of Fact: 1. The Council adopts this Resolution in support of the request for Federal RSP funds for the 37th Avenue Improvements. 2. That a copy of this Resolution be provided to the Metropolitan Council Transportation Advisory Board and Technical Advisory Commission as part of the 37th Avenue Improvements application for Federal Funds under the Regional Solicitation Program (RSP)