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HomeMy WebLinkAbout07-10-2017OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING JULY 10, 2017 The following are the minutes for the regular meeting of the City Council held at 7:00 PM on Monday July 10, 2017 in the City Council Chambers, City Hall, 590 40th Ave. N.E., Columbia Heights, Minnesota 1. CALL TO ORDER Mayor Schmitt called the meeting to order at 7:12 p.m. 2. ROLL CALL Present: Mayor Schmitt, Councilmember Williams, Councilmember Murzyn, Jr., Councilmember Buesgens and Councilmember Novitsky Also Present: Walt Fehst; City Manager, Jim Hoeft; City Attorney, Kevin Hansen; Public Works Director, Keith Dahl; Economic Development Manager, Elizabeth Holmbeck; City Planner, John Larkin; Assistant Fire Chief, and Katie Bruno; City Clerk /Council Secretary 3. INVOCATION Invocation provided by Dan Thompson, Heights 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.) Motion by Councilmember Buesgens, seconded by Councilmember Williams to approve the agenda as presented. All Ayes, Motion Carried. 6. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Resolution encouraging the people of the City of Columbia Heights to attend the grand opening of the Minnesota State Capitol 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 June 26, 2017 MOTION: Move to approve the minutes of the City Council work session of June 26, 2017 B. Accept Board and Commission Meeting Minutes MOTION: Move to accept the Library Board meeting minutes from June 7, 2017 MOTION: Move to accept the Planning & Zoning Commission meeting minutes from June 6, 2017 City Council Minutes July 10, 2017 Page 2 of 12 C. Resolution 2017 -74 approving Plans and Specifications and ordering Advertisement for Bids for 2017 State Aid Street Rehabilitation, City Project 1705 MOTION: Move to waive the reading of Resolution 2017 -74, there being ample copies available to the public. MOTION: Move to adopt Resolution 2017 -74 approving Plans and Specifications and ordering Advertisement for Bids for 2017 State Aid Street Rehabilitation, City Project 1705. D. Resolution 2017 -75 approving Plans and Specifications and ordering Advertisement for Bids for 40th Avenue Storm Sewer Improvements and Street Rehabilitation, City Project 1706 MOTION: Move to waive the reading of Resolution 2017 -75, there being ample copies available to the public. MOTION: Move to adopt Resolution 2017 -75 approving Plans and Specifications and ordering Advertisement for Bids for 40th Avenue Storm Sewer Improvements and Street Rehabilitation, City Project 1706. E. Parkview Villa South Fund 213 Balance Designation MOTION: Move to waive the reading of Resolution 2017 -76, there being ample copies available to the public. MOTION: Move to approve Resolution No. 2017 -76, a resolution authorizing change in fund balance designation for Parkview Villa funds. F. Accept proposals and award contract for Circle Terrace Park Building, City Project 1609 MOTION: Move to award Circle Terrace Park Building construction, Project 1609, contingent on additional funding from Anoka County, to the firm of Cobra Construction based upon their based upon their low, qualified, responsible bid in the amount of $418,527 and accepting Alternates 1 and 2, for a total cost of $375,839 from Fund 412 - 51609 -5185; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. G. Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for July 10, 2017. H. 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 166349 through 166531 in the amount of $410,561.84. Motion by Councilmember Buesgens, seconded by Councilmember Williams to approve the Consent Agenda as presented. All Ayes, Motion Carried. 8. PUBLIC HEARINGS A. Adopt Resolution for Emergency Abatement, 50015th St NE John Larkin, Assistant Fire Chief reported that as a result of a welfare check at the property, various issues were uncovered, and emergency abatement and other services were required. Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. to close the public hearing and to waive the reading of Resolution Number 2017 -73, being ample copies available to the public. City Council Minutes July 10, 2017 Page 3 of 12 All Ayes, Motion Carried. Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. to adopt Resolution 2017 -73, being declarations of nuisance and emergency abatement of violations within the City Council of the City of Columbia Heights regarding property 5001 5th St N.E. All Ayes, Motion Carried. B. A Minor Subdivision for the property located at 2112 43rd Ave NE. Elizabeth Holmbeck, City Planner reported a request for a Minor Subdivision for the property located at 2112 43rd Avenue NE was received. The applicant wishes to split a portion of the lot, and add the split portion to the abutting property located at 2120 43rd Avenue NE. An application for the same land subdivision was previously submitted by the owner of the adjacent property located at 2120 43rd Avenue NE. The application was approved by the City Council at the July 22, 2002 meeting by a unanimous vote, and passing of Resolution 2002 -44. The applicant did not file the land subdivision with the Anoka County Recorder's Office within the one year timeframe, whereby rendering the previous approval invalid. The proposed subdivision of land meets the City's Zoning Ordinance in terms of lot size and lot width, and meets the intent of the Comprehensive Plan. The proposed Minor Subdivision went before the Planning and Zoning Commission on July 5, 2017, were it was unanimously recommended for approval to the City Council. Motion by Councilmember Murzyn, Jr., seconded by Councilmember Buesgens to waive the reading of Resolution No. 2017 -72, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Murzyn, Jr., seconded by Councilmember Buesgens to approve Resolution No. 2017 -72, approving the minor subdivision of the property located at 2112 43rd Avenue NE., subject to certain conditions of approval. All Ayes, Motion Carried. C. Economic Development Authority Tax Levy Increase Keith Dahl, Economic Development Manager reported following this Public Hearing, the 30 day reverse referendum period begins. If the City receives a valid petition during this period, the resolution will not take effect and an election may be held to determine if the EDA tax levy will increase. Mayor Schmitt stated she is not in favor of the item, indicating she doesn't feel it is necessary, as we have approved the Anoka County Housing and Redevelopment Levy as well as income from the sale of Park View Villa. Motion by Councilmember Williams, seconded by Councilmember Novitsky to close the public hearing. All Ayes, Motion Carried. D. Consideration of the 47th and Grand TIF District Keith Dahl, Economic Development Manager explained that the TIF plan being considered is a planning document, it is not a contract. The plan is intended to show various options for the EDA to consider. Dahl gave background on the proposed project; consisting of an estimated 173 units, all of which would be affordable to households with incomes at or below sixty percent (60 %) of the area median income. The US Department of Housing and Urban Development calculates these different levels of AMI for regions across the country by household size. James Lehnhoff from Ehlers explained Tax Increment Financing, as it relates to the proposed Dominium project. Lehnhoff explained that a Housing TIF District must provide 40% of affordable housing options. City Council Minutes July 10, 2017 Page 4 of 12 The TIF plan also sets the term and budget. Ehlers conducts a comprehensive review, and has recommended $1,482,000 over a 12 year period, pay as you go assistance. The Planning & Zoning Commission and the EDA have recommended approval of the plan. Councilmember Williams clarified that this item is to consider the TIF plan, not the project. Councilmember Murzyn, Jr. indicated Dominium will be presenting updated project plans at a community Open House on July 11th. Councilmember Novitsky questioned why this item is before the council prior to the July 11th community meeting. Councilmember Buesgens indicated this item is separate from the development being presented at the meeting. Lehnhoff explained the meetings were scheduled in advance, noting the TIF process is separate from the land use process. Councilmember Murzyn, Jr. requested an explanation if the project doesn't come to fruition. Lehnhoff explained that if the TIF district is established, there is no obligation for the project to go through, and another project could be considered. Owen Metz, representing Dominium indicated interest rates are favorable, and the timing is good for a project of this type; reporting the need for affordable housing is high. Metz stated they have listened to the neighbors' concerns, and have made appropriate changes. Councilmember Murzyn, Jr. questioned the updated parking ratio. Metz stated after an in depth analysis, it was decided to allow for 1.6 parking stalls per unit. Paul Biernat -1070 Grandview Court, representing the Grand Central Lofts Condominium Association reported the Association is opposed to the project, due to possible increased fees and decreased property values. Mr. Biernat requested the City work to promote home ownership. Tim Utz -4141 Stinson Blvd. questioned if the council will have an opportunity to consider the development. Keith Dahl explained the EDA will consider the Development proposal at their August meeting. The Planning & Zoning commission and the City Council will consider the Site Plan Review Application. Mr. Utz indicated it seems like this project is being hurried through, expressing concern with funding the project. Fehst indicated this is a valid alternative to single family homes. Dahl clarified there are two funding mechanisms available; both tax exempt bonds and TIF and there is no obligation to the City. Paul Biernat requested a study of potential market value if condominiums are built. Councilmember Buesgens has spoken with condominium developers in the area, and currently only high -end condominiums are being built. Frost Simula -1700 49th Ave NE stated he feels very positive about the proposed project. Councilmember Williams stated he will vote for the TIF District, and hopes the developer and the Condo Association can come to an agreement. Councilmember Novitsky suggested the vote be delayed until after the community meeting scheduled for July 11th Mayor Schmitt clarified the item being considered is for the TIF District establishment only. Motion by Councilmember Buesgens, seconded by Councilmember Williams to waive the reading of Resolution 2017 -77, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Buesgens, seconded by Councilmember Schmitt to adopt Resolution 2017 -77, a resolution adopting a modification to the Development Program for the Downtown Central Business City Council Minutes July 10, 2017 Page 5 of 12 Redevelopment Project, establishing the 47th and Grand Tax Increment Financing District therein and adopting of a Tax Increment Financing Plan therefor. 4 Ayes -1 Nay, Motion Carried. Ayes: Schmitt, Buesgens, Williams and Murzyn, Jr. Nay: Novitsky. 9. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions a. Accepting Bids and Awarding a Contract for the Abatement and Demolition Keith Dahl, Economic Development Manager reported the City owns the properties located at 4201 Jefferson Street NE and 4641 -43 Polk Street. Both structures are dilapidated beyond repair, the City has determined that demolition of the structures is necessary for the safety of the public. Thus, staff authorized a pre - demolition survey to be conducted on the property to identify all suspect materials considered hazardous before demolition and to verify the extent of remediation, if any. Staff sent out RFQs to 10 qualified demolition contractors, as well as abatement contractors. Only 2 demolition contractors submitted bids for the abatement and demolition of the Subject Property. Staff has reviewed both quotes and has concluded that the low qualified bid from Kamish Excavating, Inc. in the amount of $48,449.00 is a comprehensive bid for the services requested. Motion by Councilmember Buesgens, seconded by Councilmember Murzyn, Jr. to waive the reading of Resolution 2017 -78, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Buesgens, seconded by Councilmember Murzyn, Jr. to approve resolution 2017 -78, being a resolution authorizing execution of a Work Agreement for the abatement and demolition of residential structures by and between Kamish Excavating, Inc. All Ayes, Motion Carried. B. Bid Considerations C. New Business and Reports 10. ADMINISTRATIVE REPORTS Report of the City Council Councilmember Buesgens volunteered at the MWMO canoe event. She announced new recycle and compost containers have been added at Murzyn Hall. Councilmember Williams thanked Police Chief Scott Nadeau, who will be leaving the end of July. Williams commented that the library has seen substantial growth since moving into their new location last year. Mayor Schmitt announced National Night Out is Tuesday, August 1st. Residents are encouraged to register their parties with the City. A farewell party for Chief Nadeau is planned for July 27th. On July 11th Coffee and Donuts with a Cop will be at the VFW. The City Council will have a Special Work Session to discuss the process for selecting an interim police chief. Dominium will host a public information meeting. MnDOT will host a meeting regarding the closure of University Ave in 2018 on Monday July 17th. Mayor Schmitt visited the Dragon House Restaurant and presented them with a gift from the city. Dragon House has closed after 45 years in business. City Council Minutes July 10, 2017 Page 6 of 12 City Manager Walt Fehst reported that he along with city staff, Mayor Schmitt and Councilmember Buesgens met with the recent applicants for the k -12 School at the Northeast Business Center. Staff told the applicant an application for a smaller scale school could be considered; however the applicant has not submitted an amended application. City staff will continue to study the code for future consideration. 11. CITIZENS FORUM Frost Simula -1700 49th Ave stated he sees the trends for multi - family housing on the increase, and he trusts Dominium's research. Maria Davis -3932 Central Ave NE announced it is her husband Adam's birthday, and invited the council to share in the celebration. 12. ADJOURNMENT Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. to adjourn. All Ayes, Motion Carried. Meeting adjourned at 8:50 p.m. Respectively Submitted, Katie Bruno, Council Secretary /City Clerk RESOLUTION 2017 -72 Resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Minor Subdivision in accordance with City Code Section 9.104 (K), for the property located at 2112 43rd Ave NE. Whereas, a proposal (Case # 2017 -0701) has been submitted by Meagan Thornburg (Zak) to the City Council requesting approval of a Minor Subdivision from the City of Columbia Heights at the following site: ADDRESS: 2112 43rd Ave. NE LEGAL DSCRIPTION: On file at City Hall. THE APPLICANT SEKS THE FOLLOWING: Minor Subdivision approval per City Code Sect 9.104 (k). Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on July 5, 2017; Whereas, the City Council has considered the advice and recommendations of the Planning and Zoning Commission regarding the effect of the proposed Minor Subdivision 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; 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 Section 9.104 (K) of the Zoning Code outlines specific conditions in order for the City Council to approve a minor City Council Minutes July 10, 2017 Page 7 of 12 subdivision. They are as follows: 1. The proposed subdivision of land will not result in more than three lots. 2. The proposed subdivision of land does not involve the vacation of existing easements. 3. All lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located. 4. The proposed subdivision does not require the dedication of public rights -of -way for the purpose of gaining access to the property. 5. The property has not previously been divided through the minor subdivision provisions of this article. 6. The proposed subdivision does not hinder the conveyance of land. 7. The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. 8. The proposed subdivision meets all of the design standards specified in Section 9.115. Further, be it resolved, that the attached plans, maps, and other information shall become part of this Minor Subdivision approval; and in granting approval the City and the applicant agree that the Minor Subdivision shall become null and void if the Subdivision has not been filed with the Anoka County Recorder's Office within one (1) calendar year after the approval date. CONDITIONS 1. The applicant shall be responsible for filing the approved subdivision with the Anoka County Recorder's Office. The approved Minor Subdivision will become invalid if the subdivision is not filed with the Anoka County recorder's Office within one year of the date of City Council action. RESOLUTION 2017 -73 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving emergency abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Margaret Barnett (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 5001 5th Street 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 June 28, 2017 the Fire Department responded to a complaint at the address listed above. Inspectors noted that the structure was damaged, open, and unsecured and rodent infested. 2. That on June 28, 2017 the Fire Chief ordered that Advanced Companies secure the structure. City Council Minutes July 10, 2017 Page 8 of 12 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 emergency abatement of the hazardous situation located at 50015th Street N.E. CONCLUSIONS OF COUNCIL 1. That the property located at 5001 5th Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That the emergency abatement of the hazardous situation located at 5001 5th Street N.E. is hereby approved. ORDER OF COUNCIL 1. The property located at 50015th Street N.E. constitutes a nuisance pursuant to City Code. RESOLUTION 2017 -74 A resolution of the City Council for the City of Columbia Heights, Minnesota, WHEREAS, pursuant to a resolution passed by the City Council on May 1, 2017, the City Engineer has prepared plans and specifications for State Aid Street Rehabilitation for the following: th 939 Avenue from Jefferson Street /Huset Parkway to Central Avenue 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 NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA 1.Such plans and specifications identified as 2017 State Aid Street Rehabilitation, City Project 1705, are hereby approved. 2.The City Clerk shall prepare and cause to be inserted in the official paper and in a trade journal an advertisement for bids upon making of such improvement under such approved plans and specifications. The advertisement shall be published a minimum of three weeks prior to the bid opening, shall specify the work to be done, shall state that bids will be received by representatives of the City Council of Columbia Heights until 10:00 a.m. on Tuesday August 8, 2017 at which time they will be publicly opened at the place designated, will then be tabulated and will be considered by the City Council on Monday, August 14,2017, in the Council Chambers. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the council on the issue of responsibility. No bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, bid bond, or certified check payable to the City of Columbia Heights for 5 percent of the amount of such bid. RESOLUTION NO 2017 -75 A resolution of the City Council for the City of Columbia Heights, Minnesota, WHEREAS, pursuant to a Joint Powers Agreement approved by the City Council on June 12, 2017, the City Engineer TH has prepared plans and specifications for 40 Avenue Storm Sewer Improvements and Street Rehabilitation for the following: th •40 Avenue (CSAH 2) from Central Avenue to Reservoir Boulevard 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 NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA City Council Minutes July 10, 2017 Page 9 of 12 TH 1. Such plans and specifications identified as 40 Avenue Storm Sewer Improvements andStreet Rehabilitation, City Project 1706, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in a trade journal an advertisement for bids upon making of such improvement under such approved plans and specifications. The advertisement shall be published a minimum of three weeks prior to the bid opening, shall specify the work to be done, shall state that bids will be received by representatives of the City Council of Columbia Heights until 10:00 a.m. on Tuesday, August 8, 2017 at which time they will be publicly opened at the place designated, will then be tabulated and will be considered by the City Council on Monday, August 14, 2017 in the Council Chambers. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the council on the issue of responsibility. No bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, bid bond, or certified check payable to the City of Columbia Heights for 5 percent of the amount of such bid. RESOLUTION NO 2017 -76 RESOLUTION AUTHORIZING CHANGE IN FUND BALANCE DESIGNATION FOR PARKVIEW VILLA FUNDS WHEREAS, the City Council (the "Council ") of the City of Columbia Heights ( "City ") previously adopted its Resolution No. 2010 -138, which designated certain fund balance classifications and committed certain governmental funds not otherwise subject to external or internal restrictions to specified purposes; and WHEREAS, among the committed funds was the Parkview Villa South Fund 213 (the "PVV Fund "), which was committed by said resolution to senior housing; and WHEREAS, the Housing and Redevelopment Authority in and for Columbia Heights has conveyed the Parkview Villa senior housing facility to a private operator and has ceased all housing operations, and therefore the City finds and determines that it is no longer necessary and desirable to commit the balance of the PVV Fund to senior housing purposes; and WHEREAS, the City is authorized to commit funds to a new purpose by resolution, and has determined that the PVV Fund should be committed to economic redevelopment purposes carried out by the Columbia Heights Economic Development Authority. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that: 1. The Council hereby amends Resolution No. 2010 -138 to commit all unrestricted fund balance in Parkview Villa South Fund 213 to Redevelopment, effective upon the date of approval of this resolution. 2. The City Manager and Finance Director /Treasurer of the City are authorized to take all actions necessary to effect the commitment of the PVV Fund balance to Redevelopment, pursuant to this resolution. RESOLUTION NO. 2017 -77 RESOLUTION ADOPTING A MODIFICATION TO THE DEVELOPMENT PROGRAM FOR THE DOWNTOWN CENTRAL BUSINESS REDEVELOPMENT PROJECT, ESTABLISHING THE 47TH AND GRAND TAX INCREMENT FINANCING DISTRICT THEREIN AND ADOPTING A TAX INCREMENT FINANCING PLAN THEREFOR. BE IT RESOLVED by the City Council (the "Council ") of the City of Columbia Heights, Minnesota (the "City "), as follows: Section 1. Recitals. City Council Minutes July 10, 2017 Page 10 of 12 1.01. The Board of Commissioners of the Columbia Heights Economic Development Authority (the "EDA ") has heretofore established the Downtown Central Business Redevelopment Project (the "Project ") and adopted a Development Program therefor. It has been proposed that the City adopt a Modification to the Development Program (the "Development Program Modification ") for the Project, establish the 47th and Grand Tax Increment Financing District (the "District ") therein and adopt a Tax Increment Financing Plan (the "TIF Plan ") therefor (the Development Program Modification and the TIF Plan are referred to collectively herein as the "Program and Plan "); all pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections 469.090 to 469.1081 and Sections 469.174 to 469.1794, all inclusive, as amended, (the "Act ") all as reflected in the Program and Plan, and presented for the Council's consideration. 1.02. The EDA and City have investigated the facts relating to the Program and Plan and have caused the Program and Plan to be prepared. 1.03. The EDA and City have performed all actions required by law to be performed prior to the establishment of the District and the adoption and approval of the proposed Program and Plan, including, but not limited to, notification of Anoka County and Independent School District No. 13 having taxing jurisdiction over the property to be included in the District, a review of and written comment on the Program and Plan by the City Planning Commission, approval of the Program and Plan by the EDA on July 10, 2017, and the holding of a public hearing upon published notice as required by law. 1.04. Certain written reports (the "Reports ") relating to the Program and Plan and to the activities contemplated therein have heretofore been prepared by staff and consultants and submitted to the Council and. /or made a part of the City files and proceedings on the Program and Plan. The Reports include data, information and. /or substantiation constituting or relating to the basis for the other findings and determinations made in this resolution. The Council hereby confirms, ratifies and adopts the Reports, which are hereby incorporated into and made as fully a part of this resolution to the same extent as if set forth in full herein. 1.05. The City is not modifying the boundaries of the Project, but is modifying the Development Program therefor. Section 2. Findings for the Adoption and Approval of the Development Prop-,ram Modification. 2.01. The Council approves the Development Program Modification, and specifically finds that: (a) the land within the Project would not be available for redevelopment without the financial aid to be sought under this Development Program Modification; (b) the Development Program Modification will afford maximum opportunity, consistent with the needs of the City as a whole, for the development of the Project by private enterprise; and (c) that the Development Program Modification conforms to the general plan for the development of the City as a whole. Section 3. Findings for the Establishment of the 47th and Grand Tax Increment Financing District, 3.01. The Council hereby finds that the District is in the public interest and is a "housing district" under Section 469.174, Subd. 11 of the Act. 3.02. The Council further finds that the proposed development would not occur solely through private investment within the reasonably foreseeable future, that the Program and Plan conform to the general plan for the development or redevelopment of the City as a whole, and that the Program and Plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development or redevelopment of the District by private enterprise. 3.03. The Council further finds, declares and determines that the City made the above findings stated in this Section and has set forth the reasons and supporting facts for each determination in writing, attached hereto as Exhibit A. Section 4. Public Purpose. 4.01. The adoption of the Program and Plan conforms in all respects to the requirements of the Act and will help fulfill a need to develop an area of the City which is already built up, to provide housing opportunities, to improve the tax base and to improve the general economy of the State and thereby serves a public purpose. For the reasons described in Exhibit A, the City believes these benefits directly derive from the tax increment assistance provided under the TIF Plan. A private developer will receive only the assistance needed to make this development financially feasible. As such, any private benefits received by a developer are incidental and do not outweigh the primary public benefits. Section 5. Approval and Adoption of the Program and Plan. City Council Minutes July 10, 2017 Page 11 of 12 5.01. The Program and Plan, as presented to the Council on this date, including without limitation the findings and statements of objectives contained therein, are hereby approved, ratified, established, and adopted and shall be placed on file in the office of the Columbia Heights Community Development Director. 5.02. The staff of the City, the City's advisors and legal counsel are authorized and directed to proceed with the implementation of the Program and Plan and to negotiate, draft, prepare and present to this Council for its consideration all further plans, resolutions, documents and contracts necessary for this purpose. 5.03 The Auditor of Anoka County (the "County Auditor ") is requested to certify the original net tax capacity of the District, as described in the Program and Plan, and to certify in each year thereafter the amount by which the original net tax capacity has increased or decreased; and the FDA is authorized and directed to forthwith transmit this request to the County Auditor in such form and content as the County Auditor may specify, together with a list of all properties within the District, for which building permits have been issued during the 18 months immediately preceding the adoption of this resolution. 5.04. The Columbia Heights Community Development Director is further authorized and directed to file a copy of the Program and Plan with the Commissioner of the Minnesota Department of Revenue and the Office of the State Auditor pursuant to Section 469.175, Subd. 4a of the TIF Act. RESOLUTION NO. 2017 -78 RESOLUTION AUTHORIZING EXECUTION OF A WORK AGREEMENT FOR THE ABATEMENT AND DEMOLITION OF RESIDENTIAL STRUCTURES BY AND BETWEEN KAMISH EXCAVATING, INC. BE IT RESOLVED BY the City Council for the City of Columbia Heights, Minnesota (the "City ") as follows: WHEREAS, the City is the current owner of certain real property located at 4201 Jefferson Street NE and 4641 -43 Polk Street NE, Columbia Heights, Anoka County, Minnesota (the "Subject Property "), and legally described as follows respectively: Lot 16, Block 32, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota, according to the recorded plat thereof; and That Part of Lot 23 lying north of the south 20 feet of said Lot 23, and Lot 24, in Block 1, Sheffield's Second Subdivision, Anoka County, Minnesota according to the recorded plat thereof, and situated in Anoka County, Minnesota. WHEREAS, the City intends to demolish the structures located on the Subject Property, which was classified to be hazardous and substandard pursuant to Minnesota Statues Sections 463.15 to 463.26; and WHEREAS, the City has determined that the removal of the structures on the Subject Property as described in this resolution is of the best interest of the City and its residents; and WHEREAS, pursuant to Minnesota State Statue Section 471.345 Uniform Municipal Contracting Law, the City solicited sealed bids to numerous contractors for quotes related to the abatement and demolition of the structures on the Subject Property as detailed in the Scope of Work and Specifications (the "Services "); and WHEREAS, Kamish Excavating, Inc. submitted the lowest responsible bid for the specific Services requested by the City. NOW, THEREFORE BE IT RESOLVED by the City Council that the Work Agreement is awarded to Kamish Excavating, Inc. in the amount of, not to exceed, $48,449.00. City Council Minutes July 10, 2017 Page 12 of 12 BE IT FURTHER RESOLVED that the Mayor and City Manager are hereby authorized and directed to execute said Work Agreement, and take such action as deemed necessary and appropriate to carry out the purpose of the foregoing resolution. RESOLUTION NO 2017 -79 RESOLUTION ENCOURAGING THE PEOPLE OF THE CITY OF COLUMBIA HEIGHTS TO ATTEND THE GRAND OPENING OF THE MINNESOTA STATE CAPITOL WHEREAS, the Capitol of the State of Minnesota is having a Grand Opening celebration on August 11, 12, and 13, 2017. WHEREAS, Governor Mark Dayton has asked that the mayor and the people from the city of Columbia Heights, Minnesota come to Saint Paul and celebrate the Grand Opening of the Minnesota State Capitol. WHEREAS, the Grand Opening celebration is following the four year, $310 million dollar restoration project that has returned the Capitol to its former glory and will position the building to be able to meet the needs of the public for another 100 years with improved functionality. WHEREAS, the Capitol was designed and built by Minnesota's native son, Cass Gilbert, and the architectural design elements of Cass Gilbert's work were among the most important aspects of the restoration. WHEREAS, during the Grand Opening there will be concerts, lectures, exclusive access tours, fireworks and much more. The events will be interesting, educational, and fun and were created to entertain Minnesotans from across the state of Minnesota. WHEREAS, when the Capitol building originally opened in 1905 there was not a celebration, making this the first ever Grand Opening of the Minnesota State Capitol. WHEREAS, the Minnesota State Capitol Building is the People's House. It is important to the State of Minnesota that Minnesotans use their State Capitol in ways that are meaningful to them, and that the Capitol is a place where all people feel at home. WHEREAS, The Grand Opening of the State Capitol Building is an opportunity to invite Minnesotans back to the Capitol and for them to get familiarized with their newly restored space. RESOLVED, the city of Columbia Heights on behalf of the Governor of the State of Minnesota, encourages the people of the city to attend the Grand Opening of the Minnesota State Capitol August 11, 12, and 13, 2017.