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HomeMy WebLinkAbout12-11-2017OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING DECEMBER 11, 2017 The following are the minutes for the regular meeting of the City Council held at 7:00 PM on Monday December 11, 2017 in the City Council Chambers, City Hall, 590 40th Ave. N.E., Columbia Heights, Minnesota 1. CALL TO ORDER /ROLL CALL Mayor Schmitt called the meeting to order at 7:02 p.m. Present: Mayor Schmitt, Councilmember Williams, Councilmember Buesgens, Councilmember Murzyn, Jr. and Councilmember Novitsky Also Present: Walt Fehst; City Manager, Jim Hoeft; City Attorney, Lenny Austin; Police Chief, John Larkin; Assistant Fire Chief, Joe Kloiber; Finance Director, Kevin Hansen; Public Works Director, Joe Hogeboom; Community Development Director, Elizabeth Holmbeck; City Planner, Keith Dahl; Economic Development Manager, and Katie Bruno; City Clerk /Council Secretary 2. INVOCATION Invocation provided by Bill Hugo, St Matthew Church 3. PLEDGE OF ALLEGIANCE 4. MISSION STATEMENT, Read by Mayor Schmitt. Our mission is to provide the highest quality public services. Services will be provided in a fair, respectful and professional manner that effectively address changing citizen and community needs in a fiscally - responsible and customer friendly manner. 5. APPROVAL OF AGENDA Motion by Councilmember Buesgens, seconded by Councilmember Novitsky to approve the agenda as presented. All Ayes, Motion Carried. 6. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS Presentation of Proclamation to Pastor Dan Thompson, Heights Church Mayor Schmitt read the proclamation highlighting many of Pastor Thompson's contributions to the community over the years. Pastor Dan gratefully accepted the proclamation. 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 November 27, 2017 MOTION: Move to approve the minutes of the City Council work session, December 4, 2017 B. Accept Board & Commission Meeting Minutes MOTION: Move to accept the Planning & Zoning Commission minutes from November 8, 2017 City Council Minutes December 11, 2017 Page 2 of 16 MOTION: Move to accept the Library Board minutes from November 1, 2017 MOTION: Move to accept the EDA minutes from November 6, 2017 MOTION: Move to accept the EDA minutes from November 27, 2017 C. Establishing polling places for the 2018 Election MOTION: Move to wave the reading of Resolution No. 2017 -132, there being ample copies available to the public. MOTION: Motion to adopt Resolution No. 2017 -132, establishing Precinct and Polling locations for 2018 Election Year. D. Adopt Resolution 2017 -134 updating Income Limit for Senior Citizen Utility Rates MOTION: Move to waive the reading of Resolution 2017 -134, there being ample copies available to the public. MOTION: Move to adopt Resolution 2017 -134, being a resolution updating the income limit for senior citizen utility rates. E. Adopt Resolution 2017 -133 Establishing Senior Citizens or Retired & Disabled Persons Hardship Special Assessment Deferral MOTION: Move to waive the reading of Resolution No. 2017 -133 there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2017 -133, being a resolution establishing a new maximum income of $34,700 for Senior or Retired and Disabled Persons to be eligible for special assessment deferral. F. Extension of GIS Range Rider Contract MOTION: Move to approve a one -year extension to the GIS Joint Powers Agreement in the amount of $23,700; and, authorize the Mayor and City Manager to enter into an agreement for the same. G. Installation of Two -Way Stop Signs On Madison Street At 42nd Avenue *Removed for discussion H. Amendment Consideration of the Fiscal Year 2017 Planning & Inspections Fund Budget MOTION: Move to waive the reading of Resolution 2017 -136, there being ample copies available to the public. MOTION: Move to approve Resolution No. 2017 -136, a resolution of the City Council for the City of Columbia Heights, Minnesota, authorizing an amendment to the Fiscal Year 2017 Planning & Inspections Fund budget. I. Approve Resolution 2017 -135 Amending 2017 Budget (re Transfer of Funds) MOTION: Motion to waive the reading of Resolution No. 2017 -135, being a resolution amending the 2017 budget to use certain additional revenue, there being ample copies available to the public. MOTION: Motion to adopt Resolution 2017 -135 being a Resolution amending the 2017 budget to use certain additional revenue. J. Resolution 2017 -137 Authorizing the City of Columbia Heights to Enter into Agreement No. 1029933 With MnDOT to Act as the City's Agent in Accepting Federal Funds MOTION: Move to waive the reading of Resolution No. 2017 -137 there being ample copies available City Council Minutes December 11, 2017 Page 3 of 16 to the public. MOTION: Move to adopt Resolution No. 2017 -137, being a resolution authorizing the City of Columbia Heights to enter into Agreement No. 1029933 authorizing MnDOT to act as the City's Agent in accepting Federal funds for Federal Aid projects initiated by the City. K. Consideration of approval of attached list of rental housing applications. MOTION: Move to approve the items listed for rental housing license applications for December 11, 2017, in that they have met the requirements of the Property Maintenance Code. L. Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for December 11, 2017. M. 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 168278 through 168536 in the amount of $1,507,785.43 Motion by Councilmember Williams, seconded by Councilmember Buesgens to approve the Consent Agenda items as amended. All Ayes, Motion Carried. The following item was removed for discussion: G. Installation of Two -Way Stop Signs on Madison Street at 42nd Avenue Kevin Hansen, Public Works Director reported the Traffic Commission has considered this request both in 2016 and 2017. At both meetings the Commission recommended denial of the request. Hansen reported the number of accidents at the intersection meet the criteria for guidelines established in the Minnesota Manual of Uniform Traffic Control Devices (MMUTCD). Hansen indicated a letter was received from Betty Thomas, a resident in the 4200 block of Madison St NE, opposing traffic control at the intersection. Lenny Austin, Police Chief attended the recent Traffic Commission meeting, and indicated he supports the recommendation of the Public Works Director. Mayor Schmitt questioned why the Traffic Commission did not follow the guidelines established by the MMUTCD. Austin indicated the commission felt that the number of stop signs on the west side of Central Avenue disrupts the traffic flow. Councilmember Novitsky was in favor of traffic control. He attended the Traffic Commission meeting and reported the commission is hesitant to approve traffic control at every intersection, because additional signs may contribute to ignorance by drivers. Polly Philblad -4151 Madison St NE reported she has witnessed multiple accidents at the intersection. She expressed her concerns with the number of accidents; both for the safety of drivers and pedestrians and for the costs associated. Ms. Philblad reported this request meets six of the MUTCD guidelines for installing stop or yield signs. Amber Burnett -4208 7th St NE indicated stop signs were recently installed in her neighborhood, and she has noticed a huge improvement. City Council Minutes December 11, 2017 Page 4 of 16 Motion by Councilmember Buesgens, seconded by Councilmember Murzyn, Jr. to install two -way "STOP" signs at the intersection of Madison Street and 42nd Avenue, stopping north and south bound traffic on Madison Street. All Ayes, Motion carried. 8. PUBLIC HEARINGS A. Consideration of declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested regarding the property at 3989 Central Avenue NE for failure to meet the requirements of the Residential Maintenance Code. John Larkin, Assistant Fire Chief reported the retaining wall on the property is in disrepair, and has been an ongoing issue with multiple owners. Motion by Councilmember Buesgens, seconded by Councilmember Murzyn, Jr. to close the public hearing and to waive the reading of Resolution Number 2017 -131, there being ample copies available to the public. All Ayes, Motion carried. Motion by Councilmember Buesgens, seconded by Councilmember Williams to adopt Resolution Number 2017 -131, being 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, Motion carried. B. Resolution No. 2017 -129, a Conditional Use Permit for a religious facility /place of worship on the property located at 3836 Stinson Blvd. Elizabeth Holmbeck, City Planner reported Keith Anderson has submitted a request for a Conditional Use Permit to allow a Religious Facility /Place of Worship to operate on the property located at 3836 Stinson Blvd. NE. The applicant is proposing to build a 14,152 sq. ft. building, which will house a 202 person capacity sanctuary, as well as office spaces, a gymnasium, kitchen, education room, lounge and indoor and outdoor gathering spaces. The applicant went before the Planning and Zoning Commission on December 5, 2017 with their request for a Conditional Use Permit and Site Plan Review (associated with construction of the church). The Planning and Zoning Commission unanimously voted to recommend that the City Council approve the proposed Conditional Use Permit. Mayor Schmitt suggested a change in the wording be made in condition #23 of the resolution as follows: All accessory residential, school or day care uses shall be subject to the provisions of this w, the zoning cede. Councilmember Buesgens asked if there are intentions to operate a school or daycare. Holmbeck indicated the conditions are part of our current ordinance, and any future requests would require council consideration to amend the use. Keith Anderson, representing Minnesota Family Church confirmed there are no intentions to operate a school or day care. Mayor Schmitt questioned if they are changing their name from the Minneapolis Family Church to the Minnesota Family Church. Mr. Anderson indicated they are, because they will no longer be in the city of Minneapolis. Mayor Schmitt questioned if a fence would be installed on the south side for screening. Mr. Anderson indicated vegetation is planned, but would be willing to install a fence. Mayor Schmitt prefers a fence, because of the garden level windows in the adjacent apartment building. Councilmember Buesgens, Williams, and Novitsky agreed vegetation would be preferred. Jim Hoeft, City Attorney City Council Minutes December 11, 2017 Page 5 of 16 stated the ordinance gives staff discretion between landscaping and /or fencing options. Councilmember Murzyn, Jr. reported the Planning & Zoning Commission suggested additional worship services be added if one service becomes too busy. Motion by Councilmember Williams, seconded by Councilmember Novitsky to waive the reading of Resolution No. 2017 -129, there being ample copies available to the public. All Ayes, Motion carried. Motion by Councilmember Buesgens, seconded by Councilmember Murzyn, Jr. to approve Resolution No. 2017 -129, being a resolution approving a Conditional Use Permit subject to certain conditions of approval, with the following change to Condition #23, All accessory residential, school or day care uses shall be subject to the provisions ofe the zoning code. All Ayes, Motion carried. C. Resolution 2017 -130 adopting a budget for the year 2018, setting the city levy, approving the HRA levy, and approving a tax rate increase. Joe Kloiber, Finance Director reported the council has held four work sessions since August discussing the 2018 Budget. Through that review, three modifications to the proposed 2018 budget were identified: 1. Increase General Fund expense $36,000 to carryover unused 2017 funding for repair of the Murzyn Hall parking lot. This will be combined with other funding in the proposed 2018 budget, to create a parking lot project of $72,000 to be completed in 2018. 2. Increase Special Projects Fund expense $70,000 to contract for a public safety staffing study in 2018. 3. Decrease Sewer fund expense $29,000 to reduce the preliminary estimate for 2018 sewage disposal costs to the actual amount that will be billed by Met Council Environmental Services. Apart from these three items, the resolution is the same as the proposed budget approved by the city council in September. Certain additional reclassifications between budget line items were identified in Public Safety and Community Development. This budget, based on direction from the city council, existing contract obligations, and other factors, increases the city's gross property tax levy $529,000 or 4.9% for 2018. Kloiber explained the gross levy includes both the share of taxes paid by Columbia Heights taxpayers and the Area -Wide Fiscal Disparities Subsidy. In 2018, the subsidy will temporarily decrease by $182,000. Consequently, the local taxpayers' increase for 2018 will be $529,000 plus $182,000; a total of $711,000. Approximately $200,000 of this increase will be effectively rebated to the local taxpayers in 2019 when the subsidy is restored. Malcom Watson -1717 49th Ave NE asked when the Anoka County Board of Appeals meeting will be. Manager Fehst indicated that has not been scheduled yet, it will be in the spring of 2018. Watson questioned the total tax base for 2017 and 2018. Kloiber indicated the levy is not based on mill rates, but could get that information following the meeting. Bruce Nawrocki -1255 Polk Place suggested not adding additional staff in the Planning Department. Director Kloiber clarified that the Communications Coordinator position will be supported partially from the administration budget (50 %) and partially from the cable commission budget (50 %). City Council Minutes December 11, 2017 Page 6 of 16 Phillip Zuidema -4945 Pennine Pass indicated he was surprised to see a 20% increase in his proposed tax, indicating this is too much for retired people to deal with. Manager Fehst suggested Mr. Zuidema attend the Board of Equalization meeting in the spring. Bill Antzaras -4158 6th St NE questioned how the value of a property is determined. Director Kloiber stated the County Assessor visits properties once every five years, they look at property condition as well as size. Between assessments, the County looks at sales in the area. Mr. Antzaras reported he has spoken to the County Assessor. Manager Fehst suggested Mr. Antzaras attend the Board of Equalization meeting in the spring to explain his situation. Mayor Schmitt suggested he call the County prior to the meeting in the spring. Motion by Councilmember Buesgens, seconded by Councilmember Williams to waive the reading of Resolution 2017 -130, there being ample copies available to the public. All Ayes, Motion carried. Motion by Councilmember Buesgens, seconded by Councilmember Novitsky to close the public comment and adopt Resolution 2017 -130, being a resolution adopting a budget for the year 2018, setting the city levy, approving the HRA levy, and approving a tax rate increase. All Ayes, Motion carried. Mayor Schmitt commented that taxes have increased overall, and reminded residents to look into a property tax rebate. 9. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations C. New Business and Reports 10. CITY COUNCIL AND ADMINISTRATIVE REPORTS Councilmember Novitsky attended the Holiday Train event, Coffee with a Cop at Church of All Nations, and the Maker Club at the library. He also chaperoned the North Park Elementary 5th graders to the Science Museum. Councilmember Murzyn, Jr. extended congratulations to Troy Vaughn, our newest police officer. Councilmember Williams reported the library board will oversee a Library Art Committee. Williams reported he received favorable comments regarding the Public Works department. Manager Fehst agreed, indicating Director Kevin Hansen is an asset to the City. Councilmember Buesgens attended the swearing in ceremony for officer Troy Vaughn, the Holiday Train event, and a Hamilton tunes event at Community Grounds. Buesgens reported milkweed has been planted at Prestemon Park. City Council Minutes December 11, 2017 Page 7 of 16 City Manager Walt Fehst reported the new street lights along Central Ave will be lit up this week. Manger Fehst also attended the Holiday Train event. Gratitude was expressed to all city staff, and he announced the Annual Employee Appreciation Lunch will be on Wednesday December 13th. Holiday greetings were extended, Mayor Schmitt rang the bell for the Salvation Army with the Kiwanis Key Club, attended a Christmas concert at First Lutheran Church, Coffee with a Cop, the Bridgeview Holiday Bazaar, the swearing in ceremony for officer Troy Vaughn, and a Founders Day Festival for Quito, Ecuador. The Holiday Train event was well attended and ran very well. Holiday greetings were extended. Mayor Schmitt asked for an update on Keyes Park. Manager Fehst reported the Recreation Director would like to maintain a small t -ball field, incorporated into the soccer field. Mayor Schmitt reported the sliding hill will be open this winter. Mayor Schmitt reminded residents to check with the City if they are considering renting their property for the "big game" on February 4, 2018. City Attorney Jim Hoeft explained our current code does not address an Airbnb situation, any rental would require a license from the City. Hoeft announced he is beginning his 24th year with the City, and commented that the staff in Columbia Heights is excellent. Holiday wishes wee extended. 11. CITIZENS FORUM 12. ADJOURNMENT Motion by Councilmember Murzyn, Jr. seconded by Councilmember Buesgens to adjourn. All Ayes, Motion carried; Motion Carried. Meeting adjourned at 8:57 p.m. (U bVA,� Respectively Submitted, Katie Bruno, Council Secretary /City Clerk RESOLUTION NO. 2017 -129 A resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Conditional Use Permit for a Religious Facility /Place of Worship on the property located at 3836 Stinson Blvd. NE. Whereas, a proposal (Case # 2017 -1201) has been submitted by Keith Anderson on behalf of the Minnesota Family Church and Holy Spirit Association for the Unification of World Christianity, to the City Council requesting a Conditional Use Permit from the City of Columbia Heights at the following site: ADDRESS: 3836 Stinson Blvd. NE., Columbia Heights, MN 55421 (PID: 36- 30 -24 -44 -0007) LEGAL DESCRIPTION: On file at City Hall. City Council Minutes December 11, 2017 Page S of 16 THE APPLICANT SEEKS THE FOLLOWING: A Conditional Use Permit per Code Section 9.104 (H), to allow for a religious facility /place of worship on the property located at 3836 Stinson Blvd. NE. Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on December 5th, 2017; Whereas, the City Council has considered the advice and recommendations of the Planning and Zoning Commission regarding the effect of the proposed Conditional Use Permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; Now, therefore, be it resolved, 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 (H) of the Zoning Ordinance outlines nine conditions that must be met in order for the City Council to grant a Conditional Use Permit. They are as follows: (a) The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. (c) The use will not impose hazards or disturbing influences on neighboring properties. (d) The use will not substantially diminish the use of property in the immediate vicinity. (e) The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. (g) Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on -site circulation of traffic. (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses is the immediate vicinity. (i) The use complies with all other applicable regulations for the district in which it is located. City Council Minutes December 11, 2017 Page 9 of 16 Further, be it resolved, that the attached plans, maps, and other information shall become part of this Conditional Use Permit and approval; and in granting this Conditional Use Permit the City and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. The Conditional Use Permit is subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: CONDITIONS 1. The building and site shall meet all requirements found in the Fire Code and the Building Code. 2. All other applicable local, state, and federal requirements shall be met at all times. 3. All City Storm Water Management requirements, as well as Rice Creek Watershed requirements, shall be achieved for this property. Provide the City with a copy of required Rice Creek Watershed permit including any review comments prior to site grading beginning. 4. Site and elevation plans included in this submittal, dated November 3, 2017 shall become part of this approval. An approved site plan may not be changed or modified without the approval of the City Zoning Administrator. If the proposed change is determined by the Zoning Administrator to be minor in nature, a revised site plan may not be required. In all other cases, a revised site plan shall be submitted for review and approval in accordance with this section. The approval of a site plan by the Planning and Zoning Commission shall be valid for a period of one year. 5. Trash and /or recycling collection areas shall be enclosed on at least three sides by an opaque screening wall or fence no less than six feet in height. The open side of the enclosure shall not face any public street or the front yard of any adjacent property. 6. Mechanical equipment shall be placed and /or screened so as to minimize the visual impact on adjacent properties and from public streets. Screening may be accomplished through the use of walls or other design features that are architecturally compatible with the principal structure, screening vegetation, integrated parapet walls of sufficient height, or other means as approved by the Zoning Administrator. 7. All exterior lighting shall be downcast so as not to adversely impact neighboring residential properties. The applicant must submit a detailed lighting plan showing fixture type, wattage, light source, location and elevation along with site point by point showing footcandles. The plan shall be submitted to the Building Official for review prior to construction. 8. The Parking lot (along south side of property from McKinley St. to Stinson Blvd.) shall be screened between the adjacent residential building, (setback area) with fencing and /or landscaping no less than six feet in height that is 80% opaque on a year round basis. 9. All setback areas shall be landscaped with grass, vegetation or other landscape material. The front yard setback area (along Stinson Blvd. and McKinley Street) shall have a vegetative screen no less than 30 inches in height that is 80% opaque on a year round basis. 10. The Developer shall meet the requirements outlined in the attached report from the Public Works Director /City Engineer, dated November 28, 2017. 11. The applicant will enter in to a Development Agreement with the City of Columbia Heights, which will govern construction methods and timing, as well as the establishment of public and quasi - public infrastructure. The Development Agreement must be approved by the City of Columbia Heights before construction can commence. The Developer must satisfy engineering and site development requirements outlined in the Development Contract for to be approved by the City Council at a later date, and prior to construction. 12. A location on the subject property must be designated for snow removal. All snow storage is strictly prohibited from being stored in or on top of the storm water ponding area. 13. The attached Landscape Plan, dated November 3, 2017, indicates landscaping improvements to the site. All landscaping indicated on the submitted landscape plan and established under condition 8 and 9 above, will City Council Minutes December 11, 2017 Page 10 of 16 be installed no later than 4 months after the building is operational, or from such time a Certificate of Occupancy is issued. 14. Stop signs will be added at the development driveway exit(s). 15. A Fire Suppression System shall be installed in accordance with (NFPA) National Fire Protection Association, (Chapter 13). A plan must be submitted to the Building Official for review prior to construction. 16. The existing pylon sign located on the east side of the subject property must be removed and replaced with a code compliant monument sign. A sign permit shall be submitted to the Community Development Department for review and must be obtained to install the monument sign. The monument sign must be installed no later than 4 months after the building is operational, or from such time a Certificate of Occupancy is issued. 17. The applicant is responsible for writing and recording easements over the drainage and utilities, storm water retention pond, and public trail. Easements must be recorded with the Anoka County Recorder's Office. The Site Plan must be updated to reflect the easements. A copy of recorded easements must be submitted to the City. 18. No parking is allowed on Stinson Blvd. Any overflow parking must be on McKinley St., when on- street parking is permitted. If parking and on -site traffic circulation becomes an issue, the applicant will submit a traffic management and parking plan to the Director of Public Works for review. 19. The facility shall be served by a minor collector or higher functional classification of roadway. 20. The parcel upon which the use is located shall have a lot area no less than four times the area of the building footprint. 21. To the extent practical, new construction or additions to existing buildings shall be complementary and compatible with the scale and character of the surroundings and exterior materials shall be compatible with those used in the immediate neighborhood. 22. An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. 23. All accessory residential, school or day care uses shall be subject to the provisions of the zoning code. RESOLUTION 2017 -130 ADOPTING A BUDGET FOR THE YEAR 2018, SETTING THE CITY LEVY, APPROVING THE HRA LEVY, AND APPROVING A TAX RATE INCREASE. Now, therefore, in accordance with all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: ORDER OF COUNCIL Section A. The budget for the City of Columbia Heights for the year 2018 is hereby approved and adopted with appropriations for each of the funds listed below. The estimated gross revenues to fund the budget for the year 2018, including general ad valorum tax levies and use of fund balances, are also as listed below. Section B. The following sums of money are levied for the current year, collectable in 2018 upon the taxable property in said City of Columbia Heights, for the following purposes: Estimated General Fund Levy 9,481,000 Estimated Library Levy 919,244 Estimated EDA Fund Levy 220,100 Total 10,620,344 Section C. The City Council of the City of Columbia Heights hereby approves the Housing and Redevelopment Authority Tax Levy for the fiscal year 2018 in the amount of $224,592. City Council Minutes December 11, 2017 Page 11 of 16 BE IT FURTHER RESOLVED: That the County Auditor is authorized to fix a property tax rate for taxes payable in the year 2018 that is higher than the tax rate calculated for the City for taxes levied in 2016 collectable in 2017. BE IT FURTHER RESOLVED: That the City, pursuant to Resolution 2015 -07, will call and redeem on February 1, 2018, all outstanding bond principal and interest payments on General Obligation Bond Series 2008B, and that the County Auditor is authorized to cancel the related Bond Levy in its entirety for taxes payable in 2018 and all subsequent years. 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 $10,000 and that the County Auditor is authorized to cancel $10,000 of the related Bond Levy for taxes payable in 2018, leaving a balance of $227,349 to be levied for taxes payable in 2018 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 2015A in the amount of $270,000 and that the County Auditor is authorized to cancel $270,000 of the related Bond Levy for taxes payable in 2018, leaving a balance of $214,667 to be levied for taxes payable in 2018 for Series 2015A. 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 2017A in the amount of $329,989 and that the County Auditor is authorized to cancel $329,989 of the related Bond Levy for taxes payable in 2018, leaving a balance of $0 to be levied for taxes payable in 2018 for Series 2017A. 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 2017B in the amount of $300,000 and that the County Auditor is authorized to cancel $300,000 of the related Bond Levy for taxes payable in 2018, leaving a balance of $262,553 to be levied for taxes payable in 2018 for Series 2017B. The Finance Director /Treasurer is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Anoka County, Minnesota. RESOLUTION NO. 2017 -131 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 500 LLC (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 3989 Central Avenue N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on November 14, 2017. 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: City Council Minutes December 11, 2017 Page 12 of 16 FINDINGS OF FACT 1. That on October 9, 2017, an inspection was conducted on the property listed above. Inspectors found violations. A compliance order was sent via regular mail to the owner at the address. 2. That on November 9, 2017, inspectors re- inspected the property listed above. Inspectors noted that violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on November 30, 2017, inspectors re- inspected the property and found that violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall repair bricks falling off of north side of building. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(6). CONCLUSIONS OF COUNCIL 1. That the property located at 3989 Central 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. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 3989 Central Avenue N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2017 -132 ESTABLISHING PRECINCT AND POLLING LOCATIONS FOR 2018 ELECTION YEAR WHEREAS, Minnesota Statute 20413.16, subd. 1 requires the governing body of each municipality to designate by ordinance or resolution each year no later than December 31St, polling places for each election precinct; and WHEREAS the polling places designated by resolution in December of each year are the polling places to be used for elections in the following calendar year. NOW THEREFORE BE IT RESOLVED that the polling locations to be used for municipal precincts in calendar year 2018 are as follows: City Council Minutes December 11, 2017 Page 13 of 16 Precinct 1 John P. Murzyn Hall 530 Mill St NE Precinct 2 Immaculate Conception Church 4030 Jackson St NE Precinct 3 Columbia Heights Library 3939 Central Ave NE Precinct 4 Highland Elementary School 1500 49th Ave NE Precinct 5 First Lutheran Church 1555 401h ave NE Precinct 6 Highland Elementary School 1500 49th Ave NE Precinct 7 Valley View Elementary School 800 49th Ave NE Precinct 8 Valley View Elementary School 800 491h Ave NE BE IT FURTHER RESOLVED that the Columbia Heights City Council directs the clerk to make all necessary notifications and preparations for elections held in 2018 as required by MN Statute, Rule and Administrative Policy of the City. RESOLUTION NO. 2017 -133 A resolution of the City Council for the City of Columbia Heights, Minnesota, WHEREAS, immediate payment of special assessments or installments on special assessments cast an undue hardship on some persons owning homestead properties who are 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make payments, and WHEREAS, Minnesota Statutes 435.193 — 435.195 makes it possible for a home rule charter city to pass a resolution establishing standards and guidelines for determining the existence of a hardship and for determining the existence of a disability. 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. This deferral procedure shall apply only to assessments which are payable in five or more annual installments. 2. This deferral procedure shall apply only to property owned and occupied by the elderly, retired, or disabled applicant. Ownership and occupancy must be the same nature as would qualify the applicant for a homestead exemption for tax purposes. 3. This deferral procedure shall apply only to homestead property owned by a person 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make payments. Permanent and total disability shall have the same definition for purposes of assessment deferral as is used for social security purposes. 4. This deferral procedure shall not be construed as to prohibit the determination of hardship on the basis of exceptional and unusual circumstances not covered by the standards and guidelines herein so long as determination is made in a nondiscriminatory manner and does not give the applicant an unreasonable preference or advantage over other applicants. 5. In order to obtain a deferral of an assessment, the homeowner must make application on the forms prescribed by the City Clerk. 6. The option of the homeowner to defer the payment of special assessments shall terminate and all amounts accumulated plus applicable interest shall become due and payable upon the occurrence of any of the following events: a. the death of the owner, provided that the spouse is not otherwise eligible for benefits hereunder; b. the sale, transfer or subdivision of the property or any part thereof; c. if the property should for any reason lose its homestead status; or d. if for any reason the City shall determine that there would be no hardship to require immediate or partial payment. City Council Minutes December 11, 2017 Page 14 of 16 7.No deferral may be granted unless the homeowner makes application to the City Clerk within thirty (30) days after adoption of the assessment by the Council. 8.The deferral shall apply to only 50% of the annual installment payment. If the 50% is not paid in a timely manner, the balance of the annual installment along with all future installments shall become immediately due and payable. 9.No deferral shall be granted to any owner who has a gross annual household income from all sources in excess of $34,700. 10.No deferral may be continued from year to year unless the owner shall file a renewal application before September 15th of each year. 11.No special assessment may be deferred for a period longer than the time set by the Council as the time over which the project is to be assessed. 12.Interest on deferred assessments shall be at the rate set by the Council in its resolution adopting the assessment roll, and such interest shall be added to the amount deferred and shall be paid in accordance with Minnesota Statute 435.195 and this Resolution RESOLUTION NO. 2017 -134 A resolution of the City Council for the City of Columbia Heights, Minnesota, establishing eligibility standards for senior citizen utility rates. Now, therefore, in accordance with all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: ORDER OF COUNCIL WHEREAS, the City Council has previously established eligibility standards for senior citizen rates for refuse service, sewage disposal, storm water and water supply; and WHEREAS, it has been the City's practice to maintain uniform eligibility standards whenever possible: NOW, THEREFORE, BE IT RESOLVED by the City of Columbia Heights as follows: That anyone over 62 years of age with a maximum household income of $34,700 will be eligible for reduced rates. BE IT FURTHER RESOLVED that the above eligibility standard is effective January 1, 2018 RESOLUTION NO. 2017 -135 A resolution of the City Council for the City of Columbia Heights, Minnesota, amending the 2017 budget to use certain additional revenue. City Council Minutes December 11, 2017 Page 15 of 16 Whereas, the City has contracted for or received the following revenue: Source Amount CH School District $ 412.50 CH School District $ 1,665.00 Global Academy $ 187.50 County of Anoka (TZD) $ 8,809.16 Total $11,074.16 Whereas, this revenue was not included in the initial 2017 budget adopted by resolution 2016 -132, nor in any subsequent amendments to that budget; and Whereas, accordingly, the expense necessary to earn this revenue was also not previously included in the 2017 budget; and Whereas, the activity related to this revenue and expense is consistent with the goals and objectives of the City of Columbia Heights Police Department; Now, therefore, in accordance with all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: ORDER OF COUNCIL IT IS HEREBY RESOLVED, that the 2017 budget for general fund revenue and expense is amended for an increase of $11,074.16. RESOLUTION NO. 2017 -136 A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA, AUTHORIZING AN AMENDMENT TO THE FISCAL YEAR 2017 PLANNING & INSPECTIONS FUND BUDGET. BE IT RESOLVED, by the City Council (the "Council') for the City of Columbia Heights (the "City ") as follows: WHEREAS, the City Council approved Resolution 2016 -132, a resolution which subsequently adopted the initial Fiscal Year 2017 Planning & Inspections Fund budget; and WHEREAS, certain revenues and expenditures of the Planning & Inspections Fund budget will exceed the amount initially adopted; and WHEREAS, it is necessary to increase the Planning & Inspections Fund budget to reflect the additional activity not originally anticipated for prior to the approval of Resolution 2016 -132; and NOW, THEREFORE, in accordance with all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: ORDER OF COUNCIL IT IS HEREBY RESOLVED, that the Fiscal Year 2017 Planning & Inspections Fund budget 201.42400 is amended to increase revenues in the amount of $32,500.00 and increase expenditures in the amount of $20,000. City Council Minutes December 11, 2017 Page 16 of 16 RESOLUTION NO. 2017 -137 WHEREAS, the City of Columbia Heights currently has an existing Agreement No. 99883 with the Minnesota Department of Transportation that addresses federal funding for construction projects, and WHEREAS, Agreement No. 99883 is being superseded by Agreement 1029933. 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 pursuant to Minnesota Stat. Sec. 161.36, the Commissioner of Transportation be appointed as Agent of the City of Columbia Heights to accept as its agent, federal aid funds which may be made available for eligible transportation related projects. 2. That the Mayor and the City Manager are hereby authorized and directed for and on behalf of the City of Columbia Heights to execute and enter into an agreement with the Commissioner of Transportation prescribing the terms and conditions of said federal aid participation as set forth and contained in "Minnesota Department of Transportation Agency Agreement No. 1029933 ", a copy of which said agreement was before the City Council and which is made a part hereof by reference.