HomeMy WebLinkAbout03-09-2015 Regular MeetingCITY OF COLUMBIA HEIGHTS
59040 1h Avenue NE, Columbia Heights, MN 55421 -3878 (763)706 -3600 TDD (763) 706 -3692
Hisit our website at: www.cl.columbia- heiehts.mn.us
Mavor
Gary L. Peterson
Councilmembers
Robert A. Williams
Bruce Nawrocki
Donna Schmitt
John Murzyn, Jr.
City Manager
Walter R. Fehst
The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on
Monday March 9, 2015 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia
Heights, Minnesota.
The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or
treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided
to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and
activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96
hours in advance. Please call the City Clerk at 763 - 706 -3611, to make arrangements. (TDD /706 -3692 for deaf or
hearing impaired only)
1.CALL TO ORDER
2.ROLL CALL
1INVOCATION
Invocation provided by Max Richter, Community United Methodist Church
4.PLEDGE OF ALLEGIANCE
5.ADDITIONS/DELETIONS TO MEETING AGENDA
(The Council, upon majority vote of its members, may make additions and deletions to the agenda.
These may be items brought to the attention of the Council under the Citizen Forum or items
submitted after the agenda preparation deadline.)
6.PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS
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 February 23, 2015.
B. Accept Board and Commission Meeting Minutes
MOTION: Move to accept the Park & Recreation minutes of December 17, 2014.
MOTION: Move to accept the Public Arts Commission minutes of February 12, 2015.
MOTION: Move to accept the Charter Commission minutes of January 15, 2015.
MOTION: Move to accept the EDA minutes of January 5, 2015.
MOTION: Move to accept the draft Planning & Zoning Commission minutes for March 3, 2015
meeting.
City Council Agenda
Monday March 9, 2015
Page 2 of 4
C. Consideration of Gambling Permit for Immaculate Conception Church Fun Fest.
MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling
Board indicating that the City of Columbia Heights has no objection to a gambling permit for
Immaculate Conception Church to conduct bingo and a raffle at their Fun Fest event being held
August 7 -9, 2015 at 4030 Jackson St NE, Columbia Heights, and furthermore, that the City of
Columbia Heights hereby waives the remainder of the thirty -day notice to the local governing
body.
D. Resolution Approving A Collective Bargaining Agreement Between the City of Columbia
Heights and the American Federation of State, County and Municipal Employees, Council
No. 5, Local No. 495 — Technical and Clerical Employ.
MOTION: To waive the reading of Resolution 2015 -22, there being ample copies available to
the public.
MOTION: To adopt Resolution 2015 -22, regarding the Labor Agreement between the City of
Columbia Heights and the American Federation of State, County and Municipal Employees,
Council No. 5, Local No. 495, Technical and Clerical Employees, effective January 1, 2015 to
December 31, 2016.
E. Adopt Resolution 2015 -23, 2015 -2016 Salary and Fringe Benefit Adjustment for Non -Union
Supervisory Employees
MOTION: Move to waive the reading of Resolution 2015 -23, there being ample copies
available to the public.
MOTION: Move to adopt Resolution 2015 -23 adopting changes in non -union group salary
ranges, and establishing salaries and changes in fringe benefits for non - unionized City
supervisory positions for calendar years 2015 and 2016
F. Adopt Resolution 2015 -24, 2015 -2016 Salary and Fringe Benefit Adjustment for Non -Union
Essential and Confidential Employees
MOTION: Move to waive the reading of Resolution 2015 -24, there being ample copies
available to the public.
MOTION: Move to adopt Resolution 2015 -24 adopting changes in non -union group salary
ranges and establishing salaries and changes in fringe benefits for non - unionized essential and
confidential City positions for calendar years 2015 and 2016.
G. Authorization to Purchase Police Vehicles
MOTION: Move to authorize the purchase of two 2015 Ford Police Interceptor Utility vehicles
and one 2015 Dodge Charger unmarked vehicle under the State of Minnesota bid, with funding
to come from 431.42100.5150, in the amount of $78,076.90 and that the Mayor and City
Manager are authorized to enter into a contract for same. These vehicles will be used as marked
patrol cars and unmarked police vehicles.
MOTION: Move to authorize the Police Chief to expend up to $51,854.00 to set up and outfit
two marked patrol cars.
City Council Agenda
Monday March 9, 2015
Page 3 of 4
H. Consideration of Removal of Huset Park wading-000l.
MOTION: Authorize Staff to remove the existing wading pool at Huset Park West, based upon a
recommendation by the Parks & Recreation Commission.
I. Approve Business License Applications
MOTION: Move to approve the items as listed on the business license agenda for March 09,
2015, as presented.
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 155866 through 155033 in the
amount of $1,031,659.33.
MOTION: Move to approve the Consent Agenda items.
8. PUBLIC HEARINGS
1. Repeat Service call Service Fee Appeal, 723 -38th Ave NE.
MOTION: Move to uphold the $1,971.07 Nuisance call for Service Fee imposed on Holly Reinke,
owner of 723 -38th Ave NE.
2. Ordinance No. 1620 On -Sale Brewer Taproom and Off -Sale Brewer Taproom Licenses and
Requirements.
MOTION: Move to waive the reading there being ample copies available to the public.
MOTION: Move to approve the ordinance upon first reading and set the second reading for
Monday March 23, 2015 at approximately 7:00 pm in the City Council Chambers.
3. Consideration of Ordinance No. 1621 Medical Marijuana Manufacturing and Dispensaries
Moratorium.
MOTION: Move to waive the reading of Ordinance No. 1621, there being an ample amount of
copies available to the public.
MOTION: Move to approve Ordinance No. 1621 upon first reading and set the second reading for
Monday, March 23, 2015 at approximately 7 pm in the City Council Chambers
4. Resolution Approving a Conditional Use Permit for Seasonal Outdoor Sales at Frattallone's Ace
Hardware located at 4340 Central Avenue NE.
MOTION: Move to waive the reading of Resolution No. 2015 -20, there being ample copies
available to the public.
MOTION: That the Planning and Zoning Commission recommends that the City Council approve
the Conditional Use Permit for the property located at 4340 Central Avenue NE.
5. Resolution approving a Conditional Use Permit for a Charter School at First Lutheran Church
located at 1555 40th Avenue NE.
MOTION: Move to waive the reading of Resolution No. 2015 -21, there being ample copies
available to the public.
MOTION: That the Planning and Zoning Commission recommends that the City Council approve
the Conditional Use Permit for the property located at 1555 40th Avenue NE.
City Council Agenda
Monday March 9, 2015
Page 4 of 4
9. ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions
1 Donation to Sister Cities Committee for Police Host Appreciation Dinner.
MOTION: Motion to donate $500 to the Sister Cities Committee to pay for half of a Host Appreciation
Dinner for the Commandant, Police Officers, Hosts and selected Elected Officials. .
B. Bid Considerations
C. New Business and Reports
10. ADMINISTRATIVE REPORTS
Report of the City Manager
Report of the City Attorney
11. CITIZENS FORUM
At this time, citizens have an opportunity to discuss with the Council items not on the regular
agenda. Citizens are requested to limit their comments to five minutes. Anyone who would like to
speak shall state his/her name and address for the record.
12. ADJOURNMENT
Kelli Bourgeois,
HR Director /Assistant to the City Manager
OFFICIAL PROCEEDINGS
CITY OF COLUMBIA HEIGHTS
CITY COUNCIL MEETING
FEBRUARY 23, 2015
THE FOLLOWING ARE THE MINUTES FOR THE REGULAR MEETING OF THE CITY COUNCIL HELD AT 7:00 PM
ON MONDAY FEBRUARY 23, 2015 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 7:03 pm.
2. ROLL CALL
Present: Mayor Peterson, Councilmembers Nawrocki, Schmitt, Williams and Murzyn Jr.
Also Present: Walt Fehst, City Manager; Jim Hoeft, City Attorney; Kevin Hansen, Director of
Public Works; Joe Kloiber, Finance Director; Gary Gorman, Fire Chief; Katie Bruno, Council
Secretary
3. INVOCATION
Invocation provided by Dan Thompson Heights Church
4. PLEDGE OF ALLEGIANCE -
The Pledge of Allegiance was recited.
5. ADDITIONS/DELETIONS TO MEETING AGENDA
(The Council, upon majority vote of its members, may make additions and deletions to the agenda.
These may be items brought to the attention of the Council under the Citizen Forum or items
submitted after the agenda preparation deadline.)
6. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS,
GUESTS
Mayor Peterson announced that Tom Rostman, known as Dr. Q will be in attendance at a free event
at Jimmy's Billiards on Central Ave.
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 February 9, 2015.
MOTION: Approve the work session minutes of February 2, 2015
B. Accent Board and Commission Meeting Minutes
MOTION: Move to accept the Library Board minutes of January 7, 2015.
C. Approval of the attached list of rental housing licenses
MOTION: To approve the attached list of rental housing licenses.
Page 2 of 8
D. Authorize the Ca itn al Equipment Replacement of Unit #35 Water Truck
*Removed for Discussion
E. Award of Site -Civil Engineering Services for the New City Library Project No 1410
*Removed for Discussion
F. Resolution 2015 -19 Authorizing a Brokerage Account with TD Ameritrade Institutional
and an Investment Advisory greement with Ehlers Investment Partners
*Removed for Discussion
G. Approval of Premises Permit Application for Columbia Heights Athletic Boosters to
conduct charitable gambling activities at El Tequila Mexican Grill and Bar, 4005 Central
Avenue NE
MOTION: Move to approve the Premises Permit Application for the Columbia Heights
Athletic Boosters to conduct legal gambling activities at El Tequila Mexican
Restaurant, 4005 Central Avenue NE, and to direct the City Manager to sign the
Premises Permit Application verifying the City's approval.
H. Approve Business License Applications
MOTION: Move to approve the items as listed on the business license agenda for February 23,
2015 as presented.
I. Payment of Bills *Removed for Discussion
Councilmember Nawrocki requested items D, E, F and I be removed for discussion.
Motion by Councilmember Nawrocki, seconded by Councilmember Williams to approve
Consent Agenda items A, B, C, G and H. All Ayes, Motion Carried.
The following items were removed for discussion:
D. Authorize the Ca itp al Equipment Replacement of Unit #35 Water Truck
Public Works Director Kevin Hansen explained that the City has been using its current water tank
truck since the early 1970s. The shop supervisor rebuilt the truck in 2000, expecting a five year
extension of use; the truck has lasted 15 years.
Councilmember Schmitt requested City Staff differentiate between maintenance and repair costs in
the future.
Motion by Councilmember Murzyn, Jr, seconded by Councilmember Williams to authorize the
replacement of Unit #35 and purchase of one (1) 2016 International 4300 chassis with a Cummins
diesel engine from Astleford International for $68, 086.20 plus tax off the State of Minnesota
Purchasing Contract. Move to also authorize the purchase of one (1) water tank rear engine and
pump to be installed by Ruffridge- Johnson Equipment Company for a cost of $53,665. 00. All
Ayes, Motion Carried.
E. Award of Site -Civil Engineering Services for the New City Library Project No 1410
Councilmember Nawrocki questioned why the staff recommendation was not for the lowest
bidder. Public Works Director Kevin Hansen explained that RFP responses were split between
Page 3 of 8
qualifications and fees. Five proposals were received. Director Hansen reported that the highest
overall ranking firm was Hammel, Green & Abrahamson, Inc. (HGA)
Councilmember Schmitt asked why MWMO's recommendation was not considered. Director
Hansen suggested the MWMO may look at the proposals differently than the City.
Motion by Councilmember Schmitt, seconded by Councilmember Williams to award the Site- Civil-
Landscaping Engineering Services for the new City Library, Project No. 1410, to the firm of HGA,
Inc. of Minneapolis, Minnesota, based on their highest ranked proposal for a cost not -to- exceed
$79,765 appropriated from Fund 450 -51410 -3050. All Ayes, Motion Carried.
F. Resolution 2015 -19 Authorizing a Brokerage Account with TD Ameritrade Institutional and an
Investment Advisory Agreement with Ehlers Investment Partners
Councilmember Nawrocki asked what the reason is for the account. City Manager Fehst reported
it is required to address any possible conflict of interest issues. Finance Director Joe Kloiber
explained that in July 2014 the Federal Government changed the law regarding how a municipality
can invest bond proceeds; they can no longer be invested in a commission based brokerage.
Director Kloiber reported that we received quotes from 3 vendors, the lowest being from Ehlers
Investment Partners.
Councilmember Nawrocki questioned the amount of interest being earned. Director Kloiber stated
the money was moved to a savings account in July 2014, earning about 1/3 %; about $20,000 net in
interest income.
Motion by Councilmember Schmitt, seconded by Councilmember Williams to waive the reading of
Resolution 2015 -19, there being ample copies available to the public. All Ayes, Motion Carried.
Motion by Councilmember Schmitt, seconded by Councilmember Williams to Adopt Resolution
2015 -19, authorizing a brokerage account with TD Ameritrade Institutional and an investment
advisory agreement with Ehlers Investment Partners. All Ayes, Motion Carried.
I. Payment of Bills
Councilmember Nawrocki questioned the bill received form American Engineering. Director
Kloiber explained that was split between the soil boring testing for the library, and Silver Lake
Pond. Councilmember Nawrocki questioned the bill from Home Drywall & Construction.
Director Kloiber reported that was for drywall installation in the Community Development office.
Councilmember Nawrocki questioned the bill from Initial Defense. Director Kloiber reported that
was for cultural competence training for police officers.
Motion by Councilmember Nawrocki, seconded by Councilmember Schmitt to Move that in
accordance with Minnesota Statute 412.271, subd. 8, the City Council has received the list of
claims paid covering check 155708 through 155865 in the amount of $ 408, 488.14. All Ayes,
Motion Carried.
8. PUBLIC HEARINGS
A. Adopt Resolution 2015 -16, 4830 Jefferson St NE being a declaration of nuisance and
abatement of violations within the City of Columbia Heights.
Page 4 of 8
Motion by Councilmember Williams, seconded by Councilmember Nawrocki to close the
public hearing and to waive the reading of Resolution Number 2015 -16, there being ample
copies available to the public. All Ayes, Motion Carried.
Motion by Councilmember Williams, seconded by Councilmember Nawrocki to adopt
Resolution Number 2015 -16, being a resolution of the City Council of the City of
Columbia Heights declaring the properties listed a nuisance and approving the abatement
of violations from the properties pursuant to City Code section 8.206 All Ayes, Motion
Carried.
B. Adopt Resolution 2015 -17, 4030 Quincy Street N.E., being a Resolution of the City
Council of the City of Columbia Heights approving rental license revocation for failure to
meet the requirements of the Property Maintenance Codes.
Fire Chief Gary Gorman reported that the license for the property was revoked in the fall
of 2013. It was recently determined that the property is being rented again, without a
license. Gorman indicated that the tenant will have 45 days to vacate the premises.
Motion by Councilmember Williams, seconded by Councilmember Muryn, Jr. to close the
public hearing and to waive the reading of Resolution Number 2015 -17, being ample
copies available to the public. All Ayes, Motion Carried.
Motion by Councilmember Williams, seconded by Councilmember Nawrocki to adopt
Resolution Number 2015 -17, being a Resolution of the City Council of the City of
Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV,
Section 5A. 408(A) of the rental license listed. All Ayes, Motion Carried.
9. ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions
B. Bid Considerations
a. Adopt Resolution No. 2015 -18 being a Resolution Accepting Bids and Awarding a
Contract for the LaBelle Park Improvements, Project No. 1306
Director of Public Works, Kevin Hansen gave an overview of the proposed project. Hansen
reported the bids came in substantially under the engineers estimate. The project includes the
removal of the boardwalk, shoreline restoration, and the replacement of the current basketball
court with a shelter and patio overlook. The low bid, along with the add alternates was 29.5%
under the engineers estimate. The bid amount was $378,000. The project will be largely
funded though the MWMO. Councilmember Nawrocki asked for a breakdown of funding.
Director Hansen reported that the MWMO will fund up to $250,000, the Park Development
Fund $75,000, and the storm water utility was bonded for $100,000.
Councilmember Schmitt requested clarification on a completion date referenced of
September 11, 2016, that was determined to be an error, the substantial completion date is
August 1, 2015.
Councilmember Nawrocki asked if we will receive the maximum amount of $250,000 from the
MWMO. Director Hansen explained the funding was approved based on the estimated cost,
and based on the bid tab; it may be about $25,000 less.
Page 5 of 8
Motion by Councilmember Williams, seconded by Councilmember Schmitt to waive the
reading of Resolution 2015 -18, there being ample copies available to the public. All Ayes,
Motion carried.
Motion by Councilmember Williams, seconded by Councilmember Schmitt to adopt Resolution
2015 -18 being a resolution accepting bids and awarding the LaBelle Park Improvement
Project, City Project No. 1306, including Alternates A, B, C and D to Odesa II LLC of Sauk
Rapids, Minnesota based upon their low, qualified, responsible bid in the amount of
$378,953.75 with funds to be appropriated from Fund 412 -51306 -5185; and, furthermore, to
authorize the Mayor and City Manager to enter into a contract for the same.
All Ayes, Motion carried.
C. New Business and Reports
10. ADMINISTRATIVE REPORTS
Report of the City Manager
City Manager Fehst announced there will be an informational open house on Wednesday February
25t" regarding the proposed splash pad at Huset Park.
Manager Fehst commended Director of Community Development, Joe Hogeboom for noting a
couple of errors in recent newspaper articles, one reporting the Starlight Motel as being in the City
of Columbia Heights. The second error regarding the statement made that Columbia Heights "has
no logo."
The upcoming EDA agenda will include discussion regarding an application by Dominium, an
update from Jim McComb regarding commercial health of the community, as well as discussing
the branding campaign.
Director of Public Works, Kevin Hansen explained the upcoming worksession will include
discussion regarding Building CIP, and an update regarding building orientation of the new library.
Councilmember Nawrocki commented on the finance section of the recent Greensheet, regarding
revenue sharing, noting the assumption was made that the community would have supported
expenses associated with continuing without revenue sharing.
Report of the City Attorn ey
Nothing to report.
11. CITIZENS FORUM
There were no citizens desiring to speak.
Mayor Peterson reported that the recent Fire & Ice Polar Plunge was a great success. Preliminary
numbers indicate approximately $4,500 was raised for SAGA.
12. ADJOURNMENT
Mayor Peterson reminded residents to remember our servicemen and women, and to try to enjoy life,
and to do a random act of kindness.
Meeting adjourned at 7:55 p.m.
Respectively Submitted
Katie Bruno, City Clerk/Council Secretary
Page 6 of 8
RESOLUTION NO 2015 -16
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 Behaitu
Desta (Hereinafter "Owner of Record ").
Whereas, the owner of record is the legal owner of the real property located at 4830 Jefferson St 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 January 9, 2015.
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 November 20, 2014 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 January 7, 2015 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 February 3, 2015 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. Miscellaneous outside storage, garbage and/or debris throughout property. Items under tarps or
makeshift lean -to not acceptable.
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(B).
CONCLUSIONS OF COUNCIL
1. That the property located at 4830 Jefferson St 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 4830 Jefferson St 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.
Page 7 of 8
RESOLUTION NO 2015 -17
Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code,
Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Walter Azizi
(Hereinafter "License Holder ").
Whereas, license holder is the legal owner of the real property located at 4030 Quincy Street N.E., Columbia
Heights, Minnesota,
Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes
and reasons for the proposed Council action contained herein was given to the License Holder on January 13, 2015
of a public hearing to be held on February 23, 2015.
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 or about January 13, 2015 inspection office staff sent a letter requesting the owner of the property
to submit a rental license application and schedule a rental inspection for this property. The letter was
mailed by regular mail to the owner at the address listed in the property records.
2. That on February 2, 2015 inspection office staff reviewed the property file and noted that the property
remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in
the property records.
3. That based upon said records of the Enforcement Office, the following conditions and violations of the
City's Residential Maintenance Code were found to exist, to -wit:
a. Failure to schedule a rental property inspection.
b. Failure to submit a rental license application and fees.
4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate
notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and
5A.303(A).
ORDER OF COUNCIL
The rental license belonging to the License Holder described herein and identified by license number
F12290 is hereby revoked;
2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by
the license held by License Holder;
3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this
Order revoking the license as held by License Holder.
RESOLUTION NO 2015 -18
RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE LA BELLE
PARK IMPROVEMENT PROJECT, CITY PROJECT NO. 1306
WHEREAS, pursuant to an advertisement for bids for City Project No. 1306, LaBelle Park Improvement Project,
bids were received, opened and tabulated according to law. The following bids were received complying with the
advertisement:
Bidder Base Bid Alternates Base Bid + Alternates
Odesa II LLC $303,729.75 $ 75,224.00 $378,953.75
Page 8 of 8
G.L. Contracting Inc.
$310,997.40
Blackstone Contractors, Inc.
$329,608.10
Fitol -Hintz Construction, Inc.
$343,151.95
Sunram Construction, Inc.
$356,069.20
Peterson Companies, Inc.
$399,997.35
Pember Companies, Inc.
$455,456.02
New Look Contracting, Inc.
$508,789.25
$107,932.60
$105,654.00
$ 87,697.75
$105,698.50
$ 94,706.77
$109,205.50
$ 97,073.75
$418,930.00
$435,262.10
$430,849.70
$461,767.70
$494,704.12
$564,661.52
$605,863.00
WHEREAS, it appears that Odesa II LLC, 9003 Mayhew Lake Road NE, Sauk Rapids, Minnesota is
the lowest responsible bidder;
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS,
MINNESOTA:
The Mayor and Clerk are hereby authorized and directed to enter into a contract with Odesa II LLC in
the name of the City of Columbia Heights, for LaBelle Park Improvements, City Project No. 1306,
according to plans and specifications therefore approved by the Council.
2. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made
with their bids except the deposit of the successful bidder and the next lowest bidder shall be retained
until the contract has been signed.
3. City Project No. 1306 shall be funded with Park Capital Improvement Funds.
RESOLUTION NO 2015 -19
AUTHORIZING A BROKERAGE ACCOUNT WITH
TD AMERITRADE INSTITUTIONAL
AND AN INVESTMENT ADVISORY AGREEMENT WITH
EHLERS INVESTMENT PARTNERS
WHEREAS, The City of Columbia Heights intends to establish custodial accounts with TD Ameritrade Institutional
for cash and investment securities, and to contract with Ehlers Investment Partners for investment advice in regard
to said accounts and securities; and
WHEREAS, The City of Columbia Heights, TD Ameritrade Institutional, and Ehlers Investment Partners, each
require certain clarification of the authority within the City of Columbia Heights in regard to such accounts and
securities;
THEREFORE, IT IS HEREBY RESOLVED, that the Finance Director and the City Manager of the City of
Columbia Heights are hereby fully authorized and empowered to open a TD Ameritrade Institutional brokerage
account, transfer, endorse, sell, assign, set over and deliver any and all shares of stocks, bonds, debentures, notes,
evidences of indebtedness, or other securities now or hereafter standing in the name of or owned by this City, to
purchase stocks, bonds, debentures, notes, evidences of indebtedness, and other securities, and to make, execute,
and deliver, under the City seal of this City, any and all written instruments necessary or proper to effectuate the
authority hereby conferred.
BE IT FURTHER RESOLVED, that the Finance Director and the City Manager of the City of Columbia Heights
are hereby fully authorized to make, execute, and deliver, under the City seal of this City, an investment advisory
agreement with Ehlers Investment Partners.
City of Columbia Heights
Park and Recreation Commission
December 17, 2014
David Payne called the meeting to order at 5:30 p.m.
ROLL CALL
Members present: Sean Clerkin; Bruce Evans; Tom Greenhalgh; Stan Hoium; Kevin
McDonald; David Payne; Marsha Stroik
Staff Present: Kevin Hansen, Public Works Director; Keith Windschitl, Recreation
Director; Deanna Saefke, Secretary
OATH OF OFFICE
Bruce Evans took the Oath of Office as Park and Recreation Commission Member.
APPROVAL CONSENT AGENDA
Motion by Stroik, second by Clerkin, to approve the consent agenda. Upon vote: All ayes.
Motion Carried.
LETTERS AND REQUESTS
A. Request for a reduced rental fee of Murzyn Hall for a fundraiser event for Bright Water
Montessori Schools in Minneapolis on Saturday, March 7, 2015.
Stroik asked what kind of activities the group plans on doing as the letter states only music and
alcohol. Windschid replied they will be selling tickets for the event, possibly a silent auction,
having a Lions Club bar, and a DJ for music. He indicated the Commission has consistently not
allowed a fee waived group to use that rate on a Saturday night. Currently two of the four
Saturdays in March are rented. This school is not located in Columbia Heights, however he does
not know if anyone involved in the group is from the city. Stroik indicated she was wondering
why they are not holding this fundraiser in their community where the school is located. Saefke
replied the organizer had attended another fundraiser at Murzyn Hall. Windschitl stated the
school indicated their population of students has over half using a reduced lunch program; he
reported the Columbia Heights district has approximately 80% of students on a reduced lunch
program. He feels that without a tie back to the city or a direct impact to the community there is
no cause to waive the fee on a Saturday. Stroik believes this is a for - profit school; the preschool
is non - profit as indicated in the letter. Clerkin agreed that with it being a Saturday evening and
no direct community involvement, there is no reason to reduce the rental fee. Hoium stated he
would be in favor of a 25% resident discount if staff agreed.
Motion by Stroik, second by Hoium, to deny the request for a reduced rental fee because it is a
Saturday and the group is not tied to the community. The group can apply the resident discount if
they have a renter living in Columbia Heights. Upon vote: All ayes. Motion Carried
B. Request for an open bar with staff approved bartenders on Friday, August 7, 2015.
Windschid reported the rental is for an 80t" birthday party with approximately 250 people or less.
The request is to have an open bar using trained bartenders whom have been approved by staff.
Motion by Hoium, second by Clerkin, to approve the request for an open bar using staff approved
bartenders. Upon vote: All ayes. Motion Carried
Park & Recreation Commission
December 17, 2014
Page 2
OLD BUSINESS
None at this time
NEW BUSINESS
A. Update on Huset Park splash pad and condition of current wading pools.
Hansen reported a proposal was received from WSB and it was priced extremely high. Staff went
out for other bids on a design proposal. This process was difficult because there are not very
many consulting firms that conduct design work on splash pads. Bids were received from SRF
Consulting for $29,500 and Stantec for $34,000. The primary difference is that Stantec has done
the majority of wading pools and splash pads within the metro area. The other two companies
associate themselves with a supplier of splash pad materials. Stantec will design anything within
your budget. McDonald asked if all firms were shown the same design. Hansen answered they
were given the same preliminary information recognizing that we are starting from scratch, the
size of the area is 3000 square feet, and a $400,000 budget including the design fee. Hoium
asked if the companies design everything from the pump size, to the dimensions, and everything.
Hansen replied yes, everything. Hansen indicated staff has been looking for ways to save money
on the project and in the spring do the removal on the site in- house. This does however put the
project behind schedule. The goal is to have the design done by the end of April, go out for bids
in April or May, and then see how long it takes to get materials because everything will be
custom made. Hoium asked if Stantec helps to find a builder. Hansen replied yes they would
find a specialty contractor or the city may piece each section out and find their own concrete
worker for example. Hoium asked if by using city staff to remove the wading pool, will the labor
costs come out of the $400,000 budget. Hansen replied no.
Windschitl asked if the City Council wanted to keep one of the other wading pools open during
the construction of the splash pad. Hansen replied that is the next part of the discussion. The
Commission should consider if they would like to keep on or both of the existing wading pools
open, and then what the future plan is for those areas depending on funding. The Ramsdell Park
wading pool had the State required updates done in 2014 so it is ready to open after the required
inspection for the 2015 season. The McKenna Park wading pool will need sand blasting,
concrete repairs, and pump repairs at an estimate of $8,000. Greenhalgh agreed with keeping
Ramsdell open. Hansen indicated the Commission should discuss maintaining three sites for
water features or just two sites which would remove McKenna. Hoium asked how long the
wading pools could stay open. Hansen replied as long as they can continue to remain usable.
Stroik replied that the public is used to having McKenna closed from 2014, since Ramsdell is
ready to open, just open Ramsdell and keep the McKenna site closed again, saving the $8000 for
the new features. Hansen indicated using the money towards to removals of the wading pools.
Clerkin asked how the closure of the McKenna pool affected the Recreation programs.
Windschid replied that is did have a negative impact because the location is used for
programming which means the group has to travel to another location. He suggests keeping the
McKenna pool open if Huset West is not going to be in use until later in 2015 or possibly 2016.
The Huset West wading pool is a highly used park feature and redirecting them to McKenna Park
is not a far distance to go. He would be in favor of spending the $8000 to use the McKenna Park
wading pool until as long as it is usable. Clerkin stated there are a number of pools similar to
ours that are functioning throughout Minneapolis. Hansen replied the City of Minneapolis has a
plan approved by the State Department of Health to make the updates on so many pools per year
for ADA compliance and water filtration up to code. Hansen indicated the sentiment of the City
Council was to keep Ramsdell wading pool open, close the McKenna wading pool, and move
forward with the Huset Park West splash pad. At this time the time line for the opening of the
splash pad is unknown.
Park & Recreation Commission
December 17, 2014
Page 3
Motion by Greenhalgh, second by McDonald, to keep both Ramsdell Park and McKenna Park
wading pools open as long as possible. Spend the $8000 to complete the updates for the
McKenna Park wading pool. Upon vote: All ayes. Motion Carried
REPORTS
A. Recreation Director
Windschitl indicated the Recreation Clerk, Stacy DeBar, is moving. The half time position has
been posted and is actually now closed. A good number of applications were received. Hoium
asked what the process is for hiring and who makes the decision. Windschitl replied the Human
Resources Director /Assistant to the City Manager, Kellie Bourgeois, reviews the applications to
see if they are qualified or not and rates them. From that selection Windschitl will review them
as well and call applicants for interviews. The interview will be with Bourgeois, Windschitl, and
possibly on other person. The hope is to fill the position as soon as possible. In the meantime a
part-time seasonal employee will help to cover the office.
Windschitl received an email from a participant of the Custard, Sprinkles, and Santa Party that
the Youth Program Coordinator Liz Bray puts together. He stated Bray and Saefke run a great
event. The letter was to compliment the department on a great community event, enjoyed by the
kids, parents, and grandparents. The letter compliment the youth performed play and the great
Santa.
Saefke reported receiving two complimentary emails on part-time Murzyn Hall staff during
previous events.
B. Public Works Director /City En i neer
Hansen reported the resignation of a nine year staff person who received their college degree in
another field and left for a full time job in marketing. That position will be replaced in February
or March. There are currently four job openings in Public Works; one in streets, two in utilities,
and one in parks. Hoium asked where the jobs are advertised. Hansen replied through the
League of MN Cities website, the City website, and depending on the field of the position an
association with that field. The League of MN Cities is where the most hits are received. Clerkin
asked if job openings are listed through unions. Hansen replied to a small degree, but there is not
that type of setup with that group.
Hansen indicated the group discussed the possibility of a bond referendum in two or four years
during previous meetings. Before thinking about doing a bond referendum then the group should
start looking at the Capital Improvement Plan in the first half of 2015. Payne indicated he would
like to see the discussion on a future agenda. Stroik agreed.
C. Commission Members
Stroik asked for an update on ice rinks. Hansen replied the work was started on the rinks and will
continue once the weather stays below freezing. The same parks will have rinks; McKenna Park,
Ostrander Park, and Keyes Park.
Payne asked about the supply of road salt for the season. Hansen replied the supply is at 85 %.
Stroik reported 40t" Avenue is extremely icy and hard to stop at the bottom of the hills. She asked
if it had ever been considered to pull some of the stop signs during the winter months. Hansen
replied that discussion was brought to the attention of the City Council and stop signs will not be
Park & Recreation Commission
December 17, 2014
Page 4
pulled. The reason is because drivers get used to stop signs in place and it would put the City in a
liable position if a driver was anticipating another car to stop for a previous stop sign.
Windschitl asked what the process is to get a two hour parking allowance along 490' Avenue in
front of the Hylander Center because many of the participants in the morning are senior citizens.
Hansen replied that parking restrictions or changes are done by a resolution by the City Council.
The first step is to address the Traffic Commission.
Payne adjourned the meeting at 6:08 p.m.
Deanna Saefke, Recreation Clerk Typist II
PUBLIC ARTS COMMISSION
MINUTES OF THE WORK SESSION
RITA NAU'S RESIDENCE
February 12, 2015
5:30 PM
The work session was called to order at 5:44 PM by Rita Nau.
Commission members present - Carrie Magnuson, Rita Nau, Erin Rominger (electronically),
Jennifer Tuder
Commission members absent - Gretchen Nelson
Objective
To discuss applying for the MRAC Arts Activity Support grant to establish funds for an upcoming
event
Calendar
• Thursday, February 19 & February 26, 2015: PAC work sessions
• Friday, February 27, 2015: Proposal to City Manager (for the match)
• Monday, March 2, 2015: City of Columbia Heights work session
• Wednesday, March 4, 2015: Public Arts Commission regular meeting
• Thursday, March 5, 2015: PAC work session
• Monday, March 9, 2015: City of Columbia Heights city council meeting
• Thursday, March 12, March 19, March 26, 2015: PAC work sessions
• Monday, March 30, 2015: MRAC Arts Activity Support grant first draft sent to Greg Neilson,
Anoka County representative for MRAC
• Monday, April 6, 2015: Deadline for MRAC Arts Activity Support grant application
• Tuesday, June 16, 2015: MRAC grant decision — marketing can begin after this date
• Wednesday, June 24- Sunday, June 28, 2015: City of Columbia Heights Jamboree
Key Points
1. The Commission wants to collaborate with In the Heart of the Beast for a puppet and mask
show, which will be held during the Jamboree.
2. Erin contacted Greg Neilson (Anoka County MRAC Rep) about eligibility for a MRAC Arts
Activities Support grant. We are eligible to apply; the deadline for applying is April 6, 2015.
However, there can be no marketing of the event before June 16, 2015.
3. The Commission would like to have representation at the Jamboree, but nothing can be
scheduled until we know In the Heart of the Beast is indeed performing this year. Rita will
contact Sean Clerkin (Lions) for an update. Carrie will contact Liz Bray about scheduled
events inside Murzyn Hall during the Jamboree.
4. Jen suggested having a back -up plan if In the Heart of the Beast doesn't perform this year.
S. Erin updated the Commission about the MRAC Community Arts Grant up to $5,000;
submission deadline set in July, likely Oct 2015 submission deadline.
6. Rita and Jen will attend the City of Columbia Heights' work session on March 2, 2015 to
present the Commission's MRAC grant proposal request for matching funds.
7. Carrie and Gretchen will attend the City of Columbia Heights' city council meeting on March
9, 2015.
The work session was adjourned at 6:31 PM.
Respectfully submitted, Carrie Magnuson
MINUTES OF THE CHARTER COMMISSION
JANUARY 15, 2015
These
7 :00 P.M.
minutes
CITY HALL
are not
CONFERENCE ROOM 1
approved
Call to Order
The meeting was called to order by President Steve Smith at 7 p.m.
Introduction of New Commissioner
Eric Penniston was introduced and welcomed as the newest member of the Charter Commission.
Roll Call
Members present: Matt Abel, Ramona Anderson, Lee Bak, Jeff Diehm, Rob Fiorendino, James Guy,
Roger Johnson, Carolyn Laine (7:05 pm), Eric Penniston, Greg Sloat, Steve Smith,
Charles Tyler, Tim Utz, Wes Wiggins
Members absent and excused: Mike Patiuk
Members absent and unexcused: None
Council Liaison Bruce Nawrocki was present. The City Attorney Jim Hoeft and Recording
Secretary Carole Blowers -Knoll were also present.
Approval of Tonight's Agenda
President Smith asked that Item 8C under New Business (Annual Review of Charter Commission
Purpose) be replaced with "Review Commissioner Sloat's Suggestions Regarding the Referendum
Process ". Motion was made and seconded to approve tonight's agenda with this change. Motion passed
unanimously.
Approval of Charter Commission Minutes of October 16, 2014
Motion was made and seconded to approve the minutes of October 16, 2014, as presented. Motion
passed unanimously.
Election of Officers
President Smith called for nominations for President. Motion was made and seconded to nominate Steve
Smith. President Smith called for any additional nominations for President. There were no additional
nominations for President. Upon vote, Steve Smith was elected President.
President Smith called for nominations for Vice President. Motion was made and seconded to nominate
Tim Utz. President Smith called for any additional nominations for Vice President. There were no
additional nominations for Vice President. Upon vote, Tim Utz was elected Vice President.
President Smith called for nominations for Secretary. Motion was made and seconded to nominate Matt
Abel. President Smith called for any additional nominations for Secretary. Motion was made and
seconded to nominate Ramona Anderson, but she declined. There were no additional nominations for
Secretary. Upon vote, Matt Abel was elected Secretary.
Therefore, the officers for 2015 are: President: Steve Smith; Vice President: Tim Utz; Secretary: Matt
Abel.
Page 1
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Columbia Heights Charter Commission
Correspondence
The Recording Secretary read the correspondence log since our last meeting. There was much
communication and paperwork with the Chief Judge regarding the resignation of Commissioner Vesley,
the reappointments of four commissioners (Commissioners Utz, Bak, Sloat, and Diehm), and the
appointment of a new commissioner (Commissioner Penniston). The Recording Secretary advised she
prepared the commission's annual report, tonight's agenda packet, Commissioner Sloat's referendum
issue list, and prepared a new roll call list, membership list, and correspondence list. Tonight's meeting
was posted on the city's website, on cable, and at City Hall.
Old Business - None
New Business
New Membership Lists
The Recording Secretary passed out new membership lists tonight, indicating that there were a few
changes from the one e- mailed with the agenda packet last week.
2014 Charter Commission Annual Report
President Smith asked for a motion to approve the annual report as prepared by the Recording Secretary.
Motion was made and seconded to approve the Charter Commission Annual Report for 2014. Motion
passed unanimously. Note: A copy of this report goes to the City Clerk and the Chief Judge.
Commissioner Tyler suggested that the President send a thank you letter to former Councilmember Tami
Diehm for her years of service as the Charter Commission's Liaison.
Discussion on the Referendum Process
Commissioner Sloat presented the following issues on the referendum process for discussion by the
commission. Each commissioner was presented these issues in writing tonight. Commissioner Sloat
stated that if a petition comes up again in the future, maybe it could be a better process, and everyone
would know the rules from the start.
Points 1 A and 1 B were discussed together.
IA. The issue of non -voter Columbia Heights residents (who still pa taxes) axes) being disenfranchised
by "registered voter" requirement in order to sign a Referendum Petition.
1B. The issue of voters who ARE registered to vote and DO reside in Columbia Heights, but have
moved (within Columbia Heights) since the last election and have not updated their residency per voter
registration records.
Commissioner Sloat suggested that "registered" be changed to "eligible ". Commissioner Laine
addressed the issue of "registered" voters and stated that people can register on -line and change their
address on line. It is very easy and not time consuming. Commissioner Diehm stated it's the democratic
process; it gives the same opportunity to all to participate. He stated the definition of "disenfranchised"
is to be deprived of a legal right or privilege. He did not feel that people are not being disenfranchised in
this process. It is a privilege and responsibility to vote and /or sign a petition.
Commissioner Abel questioned how would we verify "eligible" voters vs. "registered" voters.
Page 2
1115115
Columbia Heights Charter Commission
Commissioner Utz stated that 40 or 50 people who signed the last petition for the referendum on the
library issue were dropped from the petition because they had moved from one apartment to another
apartment at the same street address. Again, it was reiterated that it is the individual's responsibility to
change their address. There has to be consistency, and everyone needs to be treated the same. More
discussion ensued, and there was little support on these points.
2A. The issue of the timeframe and deadline for Referendum Petitions. WHEN does the "clock
start ticking," and WHEN is the deadline? How do weekends, holidays, and other days that the City
Offices may be closed influence the timeframe and /or deadline?
The City Attorney addressed the weekend/holiday question. He advised that we go by rules of
civil process which are in place. Commissioner Sloat stated that they were given three different dates
during the process. The City Attorney stated the reason that happened was that there had been an error
made in computing the timeframe.
2B. The issue of an option for removing one's name from a Referendum Petition after having
previously signed it. Currently there is NO such provision in the Charter (which means the option does
not exist). Is such a provision warranted or desirable? If so, the process must be well - defined. The
deadline for removing ones name must also be well - defined and should not (for hopefully obvious
reasons) exceed the deadline for the petitioners' submission of names.
Commissioner Laine stated that on page 10 of the City Charter it talks about signing a petition and
reiterated this is to DISAGREE with the way the Council voted on an issue. She stated there was a lot of
confusion when people were signing this recent petition; people were not really sure what they were
signing it for —to SUPPORT a new library or to NOT support a new library. President Smith asked how
could we resolve this?
Commissioner Laine suggested if we wanted to note in the charter that someone could get their
name off a petition, we could say that the petition is due five days earlier than whatever it is now and
anyone who wanted "off' could have those five days to do so. The general consensus of the charter
commission members was that in this recent experience, we let people get off right up until the council
officially received the petition at their meeting, and everyone seemed to think that was sufficient.
The City Attorney stated that removing names would be problematic if someone could NOT
remove their name. And likewise, adding a name after the deadline would be problematic as well.
President Smith stated we do not have a process or anything stating how to remove a name. Is it the
responsibility of the person asking for a signature to clarify what a person is actually signing? People do
sign things and then change their minds. Commissioner Fiorendino asked if there is another mechanism
or remedy to this?
President Smith suggested that if anyone has ideas on how to do this, they should draft some
proposed wording for the charter and bring it to this body for discussion.
3A. The issue of communication by the City to the petitioners. Petitioners need to be notified by
the City the same business day of discovery if they are short of the required signatures, if submitted prior
to the deadline. People outside of and unrelated to the petition process should not be receiving any
information concerning same.
Page 3
1115115
Columbia Heights Charter Commission
Commissioner Sloat indicated that there had been discussion overheard (the weekend before the
council was going to take action on the petition) that there were not enough signatures. The "contact
person" for the petition should be the person notified if there were not enough signatures, not the
petitioners. Many commissioners felt that the situation explained was heresay and declined to further
comment on it.
3B. The issue of the required content and format of the Referendum Petition itself. It should be as
comprehensive and well - defined as it is for Initiatives.
Commissioner Laine stated the language is clear and the section on "Referendums" refers back to
the section on "Initiatives ". Commissioner Diehm stated we cannot address every single issue that might
come up in a referendum situation.
The City Attorney stated that he thought the process really worked (referring to the last
referendum). President Smith stated that the discussion tonight on this issue was important and what this
commission does is valuable. He again stated that if anyone on this commission has ideas on how to
address the issues brought forward tonight for discussion on the referendum process, they should submit
it in writing.
Next Meeting Date
The next Charter Commission meeting is April 16, 2015, at 7 P.M., at City Hall, Conference Room 1.
Adiournment
Motion was made and seconded to adjourn the meeting at 8:13 p.m.
Respectfully submitted,
Carole J. Blowers -Knoll
Recording Secretary for the Charter Commission
Page 4
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Columbia Heights Charter Commission
ECONOMIC DEVELOPMENT AUTHORITY (EDA)
MINUTES OF THE MEETING OF
JANUARY 5, 2015 IN CONFERENCE ROOM 1
The meeting was called to order at 6:30 pm by Chair Peterson.
Members Present: Bruce Nawrocki, Donna Schmitt, Gary Peterson, and Gerry Herringer. Newly
elected council person John Murzyn was also present (not sworn in yet).
Members Absent: Bobby Williams and Marlaine Szurek
Staff Present: Walt Fehst, Joseph Hogeboom, Loren Wickham, and Shelley Hanson.
PLEDGE OF ALLEGIANCE- RECITED
1. CONSENT ITEMS
1. Approve the Minutes from November 3, 2014.
2. Approve the Financial Report and Payment of Bills for October and November 2014 on
Resolution 2015 -01.
Questions by Members:
No questions.
Motion by Schmitt, seconded by Nawrocki, to waive the reading of Resolution 201 5 -01, there
being an ample amount of copies available to the public. All ayes. MOTIONPASSED.
Motion by Schmitt, seconded by Nawrocki, to approve the consent agenda items as presented.
All ayes. MOTIONPASSED.
EDA RESOLUTION 2015 -01
RESOLUTION OF THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY
(EDA) APPROVING THE FINANCIAL STATEMENT FOR OCTOBER AND NOVEMBER 2014
AND PAYMENT OF BILLS FOR THE MONTHS OF OCTOBER AND NOVEMBER 2014.
WHEREAS, the Columbia Heights Economic Development Authority (EDA) is required by Minnesota
Statutes Section 469.096, Subd. 9, to prepare a detailed financial statement which shows all receipts and
disbursements, their nature, the money on hand, the purposes to which the money on hand is to be applied, the
EDA's credits and assets and its outstanding liabilities; and
WHEREAS, said Statute also requires the EDA to examine the statement and treasurer's vouchers or bills and
if correct, to approve them by resolution and enter the resolution in its records; and
EDA MINUTES
Page 2
January 5, 2015
WHEREAS, the financial statement for the month of October and November 2014 has been reviewed by the
EDA Commission; and
WHEREAS, the EDA has examined the financial statements and finds them to be acceptable as to both form
and accuracy; and
WHEREAS, the EDA Commission has other means to verify the intent of Section 469.096, Subd. 9, including
but not limited to Comprehensive Annual Financial Reports, Annual City approved Budgets, Audits and
similar documentation; and
WHEREAS, financials statements are held by the City's Finance Department in a method outlined by the
State of Minnesota's Records Retention Schedule,
NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of the Columbia Heights
Economic Development Authority that it has examined the referenced financial statements including the check
history, and they are found to be correct, as to form and content; and
BE IT FURTHER RESOLVED the financial statements are acknowledged and received and the check
history as presented in writing is approved for payment out of proper funds; and
BE IT FURTHER RESOLVED this resolution is made a part of the permanent records of the Columbia
Heights Economic Development Authority.
Passed this 5th day of January, 2015
MOTION BY: Schmitt
SECONDED BY: Nawrocki
AYES: All ayes
President
Attest By:
Shelley Hanson, Secretary
NEW BUSINESS
2. Resolution 2015 -2 Amendment for the Scattered Site Housing Program Guidelines
At the May 13, 2013 EDA meeting the Commission approved a listing agreement for the Scattered Site
Housing Program with Pete Heryla and John Rockwell of Remax and Timbercraft Homes. The current
agreement is valid through May 20, 2015. There is a clause in the listing agreement that after one year if
the house sales are above $160,000 the buyer must pay the seller 15% of the amount by which the
increase exceeds $160, 000.
After reviewing the lot sales, the current agreement and meeting with the Realtors to get an update on
the program staff is recommending a change to the agreement:
EDA Minutes
Page 3
November 3, 2014
1. Remove 5.b & 5.c in the Addendum B to Exclusive Right to Sell Listing Contract
Dated May 20, 2013.
Staff is evaluating the Scattered Site Housing Program and will have recommendations for the EDA at
the May 4, 2015 meeting prior to the current agreement expiring. However, in the meantime, staff
recommends approval of the revised Addendum B to Exclusive Right to Sell Listing Contract Dated
May 20, 2013 as follows:
ADDENDUM B TO
EXCLUSIVE RIGHT TO SELL LISTING CONTRACT DATED May 20, 2013 and Revised
January 5, 2015
1. In negotiating sales of all lots of the Property, Broker will use the form of
Purchase and Redevelopment Agreement attached hereto (the "Purchase
Agreement'), subject to any modifications approved by Seller's Community
Development Director.
2. Broker agrees and understands that Seller's goal is to sell all lots of the Property to
builders who will construct single family homes for sale to persons who meet the
income limits set forth in the Purchase Agreement. Broker will use its best efforts
to market all lots to builders who will, in turn, agree to use their best efforts to sell
completed homes to income - qualified buyers.
3. Broker further agrees and understands that builders will be required to construct a
home on each lot using one of three models approved by Seller; the specific model
for each lot will made with approval of Seller's Community Development Director
and will be specified in the Purchase Agreement. One exception to this provision
is the lot at 4303 Reservoir, for which Broker will consult with Seller and
proposed buyer regarding the design and specifications for the house.
4. Acceptance of any offer from a buyer for any lot, will be subject to:
a. Consultation with Seller's Community Development Director as to:
purchase price; the size and model of single family home to be constructed;
and construction deadlines for the home.
b. Approval of the Purchase Agreement by Seller's board of commissioners.
c. Seller's board of commissioners having held a public hearing regarding the
subject lot (which hearing may be held in the aggregate for the entire
Property).
EDA Minutes
Page 4
January 5, 2015
5. During the first year of the term of this Agreement, the Broker will list all parcels
of the Property at the prices shown on Addendum A. From and after the first
anniversary of the date of this Agreement, each parcel must be listed under the
following terms:
a. At closing on sale from Seller to builder, the builder must pay at least the
list price shown in Addendum A.
b. if thebuilder- sells the eempleted house (ineluding land and building) to an
exeeeding $160,000, the the i.uilde,. shall p to Seller- 150% of the afflo r�
by whieh the fiaal p fehase p °° ° °as $160,000. C,,e . dditiena
pa��ent is due upen elosing of the sale by builder to the Owner- Oeeupant-.
e. For- eiifflRple, asstiffie Seller- sells Paf eel A to buildff for- $7,500. Bu
eompletes „ „na sells to Owner- n,.,.,,,., nt f $170,000. r pe
elosing on that sale, builder- er- shay to -aellef an additional $ ,500,
ef-
15% of the $10,000 ° fehase r
of this n ,., nt shall be adjusted to r°rleet s4stantially the Leff s
e. This Section does not apply to the parcel at 4303 Reservoir Boulevard; the
list price for that parcel will remain as shown in Addendum for the term of
this Agreement.
6. Broker and Seller agree and understand that Broker intends to work closely with
Timbercraft Homes (the "Builder "), which Builder expects to acquire one or more
lots and build single family homes for resale to Owner Occupants (as defined in
the Purchase Agreement). Broker may sell any or all lots to Builder, provided that
nothing in this Agreement is intended to give the Builder any rights under this
Agreement, or any rights with respect to any lot, or to preclude sales of lots to any
other person or entity.
Staff is also looking into adding additional lots the City and EDA own into the Scattered Sites
program. Because of restrictions with the original funding source for acquisition and demolition the
City or EDA may be restricted in adding lots to the program.
Pete Heryla and John Rockwell of Remax were present at the meeting on Monday to give an update on
the program.
Presentation by Remax-
Pete stated that there were 11 lots included in the original agreement that were for sale for $7,500 /lot
plus the Reservoir Blvd that was sold for $35,000. Six homes have been constructed and sold thus far
(5 -that were 2 story design, and 1 rambler style). Pete told members that the Reservoir Blvd lot was
purchased by Timbercraft so that a large rambler could be constructed on it. However, the person who
EDA Minutes
Page 5
January 5, 2015
had entered into an agreement for this lot had a job transfer and backed out of the deal. A second
interested party deliberated for about 2 'h months and then decided against building a home there.
Now a third party is interested in the lot and Pete passed around a plan similar to one they want to
build. There will be a few modifications to the plan to make it larger. He said it will be a 2 story
design with approximately 1,800 sf of finished space and a double garage. It will have 3 BR and 3
bathrooms and will have an estimated value of $300,000. Before the interested party hires an architect
to draw up the final design, the EDA needs to approve the plan.
Members were happy with the proposed plan and felt it would fit into the neighborhood well, and the
value of the home is similar to what was previously approved.
Motion by Herringer, seconded by Schmitt to approve of the proposed home design similar to the one
shown to members at this meeting for construction on the Reservoir Blvd lot that is part of the
scattered site program. All ayes. MOTIONPASSED.
Pete went on to explain to members that the original agreement was based on a value of $159,000.
However, construction prices were higher than planned as the City found the original design too small
and more amenities were upgraded. Another factor raising the sale price is that buyers are requesting
that the builder pay some of the closing costs which have averaged about $6,900 which is added into
the final sales price. He said the average sale price of the homes sold thus far has been $185,881. He
said the 2 story design models are listed for $179,900 and the rambler at $187,000. Pete told members
that home sales prices have increased over the last 24 months. The median sale price for Columbia
Heights in 2013 was $133,000 based on 297 sales and in 2014 the median sale was $141,000 based on
260 sales. So they, too, have increased the asking price of their new homes accordingly.
Since the price increase, Pete said sales have slowed. He told members that the clause in the original
agreement to pay an additional 15% for purchase prices above $160,000 adds even more cost to
potential buyers and is hurting the goal of selling these lots and getting new houses back on the tax
rolls. That is why the proposed Amendment is being considered at this meeting which would
eliminate the 15% escalator from now until the agreement expires in May of 2015. At that time a new
agreement can be made with new criteria set. Schmitt asked if the EDA approved more designs if that
would help. Pete stated he thought it would help and that has already been discussed with staff. Fehst
told Pete that they can always set a special meeting to approve a new design plan from now until the
agreement expires in May if the need arises.
Hogeboom told members that several changes are being considered for the terms of the new
agreement. As stated earlier, the City owns other lots in the Sheffield area that could possibly be added
to the program. Staff is working to determine what funds were used to purchase the properties as that
will have bearing on what we can do with the vacant lots. Another option would be to vary the price
of the remaining lots and the designs based on the existing neighborhoods and topography of the lots.
Staff will bring back recommendations to the EDA and Council prior to the expiration of the contract
in May.
EDA Minutes
Page 6
January 5, 2015
Staff presented the members with pictures of the 6 homes that have been constructed and a copy of an
article from the Star Tribune regarding the program. Members were generally happy with the design of
the homes and how well they fit into the neighborhoods. They felt it was important to get nice homes
built on these lots and to get them back on the tax rolls. Members agreed that they knew this would be
a losing proposition short term but would add to the community well -being long term. Therefore, the
general consensus was to amend the agreement as proposed.
Motion by Herringer, seconded by Schmitt, to adopt Resolution 201 5 -02, a Resolution approving the
revised Addendum B to Exclusive Right to Sell Listing Contract Dated May 20, 2013. Roll Call: All
ayes. MOTION PASSED.
CITY OF COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY
EDA Resolution 2015 -02
A Resolution Amending Addendum B of Listing Agreement for Scattered Site Housing
Program
WHEREAS, The Authority administers a scattered site housing program, under which the Authority
acquires residential property for resale to builders or individuals for construction of new single family
homes and
WHEREAS, The Authority entered into an Exclusive Right to Sell Listing Contract with Team Pete
& John - ReMax Synergy dated May 20, 2013.
NOWTHEREFORE BE IT RESOLVED,
The City of Columbia Heights' Economic Development authorizes the following:
1) Amend Addendum B of Exclusive Right to Sell Listing Contract with Team Pete & John
— ReMax Syngery dated May 20, 2013
Passed this 5ffi day of January 2015.
Offered by: Herringer
Schmitt
All ayes.
President
Walter Fehst, Executive Director
EDA Minutes
Page 7
January 5, 2015
3. 2015 Community Development Block Grant Application
Wickham reviewed the following memo that was enclosed in the agenda packets updating members on the
CDBG Application.
Columbia
COMMUNITY DEVELOPMENT DEPARTMENT
DATE: December 30, 2014
TO: Economic Development Authority
FROM: Loren Wickham, Assistant Development Director
RE: 2015 Community Development Block Grant Application Update
Staff attended an information session for the 2015 Community Development Block Grant (CDBG) program in
Anoka County. Staff has reviewed the high priority projects list and recommends applying for funding for
Clean -Up of Contaminated SitesBrownfields for the new library site and the Heights Gateway Redevelopment
Site. The application process requires a copy of a city resolution to be submitted to the County. Staff is
requesting up to $300,000 for this program.
CDBG funding was awarded in the past for demolition on these properties. The next step in redevelopment of
these parcels is to perform the required environmental remediation and possible soils corrections, this funding
could help with that.
Community Development staff as well as Public Works staff are currently devising an application for this
proposed project, which must be approved by the City Council on January 12, 2015. The application deadline
submittal to Anoka County is January 16, 2015.
Hogeboom stated that MWMO has expressed interest in contributing some funding towards the storm water
management for this project. They feel this would be a great opportunity to create a display at the new facility
that would be used as an educational tool for the public to explain why dealing with storm water is important
to the surrounding environment.
Schmitt asked if we are awarded CDBG grant funds whether it would limit what we can do with the properties.
Hogeboom said it would have some impact, but felt confident that we could meet the required criteria.
O'Reilly's had similar criteria to meet which they did by providing salary data on employees. Hogeboom said
something similar could be done with whatever businesses locate on these sites. He noted that some CDBG
funds have already been expended on these sites so we will have to meet the criteria anyways, and he did not
see a problem.
EDA Minutes
Page 8
January 5, 2015
4. Single Family Home Rebate and Loan Programs
The following memo was enclosed in the agenda packets for the members review.
COMMUNITY DEVELOPMENT DEPARTMENT
DATE: December 30, 2014
TO: Economic Development Authority
FROM: Elizabeth Holmbeck, Associate City Planner
RE: Single Family Home Rebate and Loan Programs
The City currently offers two programs for homeowners wishing to make home maintenance
repairs. The Single Family Deferred Loan Program and the Rebate Incentive Program are both
aimed at assisting homeowners with the cost of repairs to improve the overall housing stock in our
community. The programs were last funded through a one -time allocation of $50,000 from Fund
420 (Capital Improvement Development Fund) in 2012.The programs have been funded and
managed by the City since 2007 and were previously managed by the Greater Minnesota Housing
Corporation. Overall, the Rebate Incentive Program is utilized the most by Columbia Heights
homeowners, as it has less strict requirements than the Single Family Deferred Loan Program.
Recently, it has come to staff's attention that Anoka County and the Minnesota Housing Finance
Agency (MHFA) operate programs that are similar in nature to the programs the City offers.
Programs that are available include First Time Home Buyer Loans, Energy and Accessibility
Improvement Loans, and a number of other Home Improvement Loans. Due to the fact that both
agencies offer a wider range of options for homeowners, the Community Development
Department would like the EDA to consider dissolving the existing City- operated programs.
Rather than maintaining duplicate programs, going forward, City staff proposes to refer
homeowners to these two agencies for home improvement financing. If it is preferred that the
City maintain its own housing maintenance /repair assistance for homeowners, staff recommends
that the Single Family Deferred Loan Program dissolve, due to limited use, and that the Rebate
Incentive Program continue to operate.
There is currently an available fund balance of $9,488.62 for the Single Family Deferred Loan
Program and an available fund balance of $8,801.92 for the Rebate Incentive Program. In 2014,
approximately $10,137.65 was expended in the Single Family Deferred Loan program and
approximately $35,812.77 was expended in the Rebate Incentive Program. If the programs are to
continue, additional funds must be made available. Staff seeks direction from the EDA regarding
future management of the Single Family Deferred Loan Program and the Rebate Incentive
Program.
Questions /Comments from members:
Peterson didn't see a need to duplicate services. If the County and MHFA provide similar programs
to our residents we should direct them there.
EDA Minutes
Page 9
January 5, 2015
Murzyn asked if there was enough money left to fund the applications still out there. Hogeboom said
there should be depending on how many people actually submit them. Staff has begun to forward
people to the County and MHFA. He said there are more rebates processed than deferred loans so the
balance in the deferred loan account could be transferred to cover any submitted rebates.
Nawrocki asked if the county program is as accessible to our residents. Hogeboom said more people
may qualify for the county program as the income standards are higher. The County is providing the
loans and MHFA is providing the rebates. He said the County's program is user friendly, income
friendly, but logistics of having to go to the Anoka County offices may be a problem to some.
Nawrocki asked if there was a way to track what the County does for our residents. He would like to
see how many residents are being served and how much they get. Hogeboom will contact the County
to see if they can provide some of this information for the February meeting.
Hogeboom said the EDA /Council will have to decide if they want to continue the programs, and if so,
where the funds will come from. We can't use CDBG funds since the county provides this service
now, so they will not grant funds for this same purpose. Previously funds from the 420 account have
been used but Hogeboom said those funds are earmarked for other things. This item will be
discussed again at the February meeting.
5. Administrative Report
Hogeboom told members his Administrative Report was enclosed in the packets to update members.
The items in this report are as follows:
Communications and Branding Campaign
Jeff Johnson and Haley Kilgore, Project Managers from `Replace', will provide a
status report regarding Phase Two of the branding and communication work. Jeff
and Hailey will present to the Economic Development Authority and the Planning
and Zoning Commission on Thursday, January 29 from 5 -6:30 pm at Murzyn
Hall. A light dinner will be served.
Northeast Office Center
As you are aware, the Northeast Office Center is currently in foreclosure. Venture
Bank, who now owns the property, has reached out to the City to see if there is any
interest in the City /EDA acquiring all or a portion of the property. The property is
currently valued at $3,295,700.
Other than the current zoning designation of "Central Business District ", which
permits retail, restaurant and office uses, as well as residential uses above the first
floor, the City has no official long term plan for this property. If the EDA were to
consider acquiring part of all of the property, it would be advisable to first
determine a marketable reuse for the site.
EDA Minutes
Page 10
January 5, 2015
There is currently interest in the site by a company that needs office space for a
call center. There is also interest from a group that would like to establish a charter
school within the building. As you may recall, K -12 schools are not permitted in
the Central Business District, so a change to the zoning requirements would be
necessary if a charter school were to be established on the site.
Northeast Bank, a long time tenant in the building, has secured an extension to its
lease which allows it to operate in its current location until April, 2015. The
remainder of the building has been shut -off, and only minimal operations
necessary for fire suppression are being maintained.
Staff has conducted an inspection of the adjacent parking ramp facility, and found
that the ramp is still being utilized by area businesses. Because the ramp is not
being used to its full capacity, the Police Department conducts periodic inspections
to ensure that criminal activity is not taking place.
Upcoming Community Development Items
The following items will be brought before the EDA and /or the City Council this
winter:
• Proposed amendments to Massage Licensing requirements.
• Proposed amendments to Liquor Licensing requirements which would
allow microbreweries to exist in the City.
• Circle Terrace Blvd. /LaBelle Park and Play lot planning.
• Updated zoning requirements for the Central Business District.
• Platting and environmental remediation for the Library /Heights Gateway
site.
• Amendments to the Scattered Site Housing Program.
Hogeboom was asked if he had been contacted by Century Link regarding high speed fiber optic.
Hogeboom said he had not spoken to anyone about this. Kelli Bourgeois stated she spoke with
someone from Century Link briefly. She said a franchise agreement would be needed prior to
them installing a fiber optic system in the right of ways, similar to the one we have with Comcast.
The next regular EDA meeting will be Monday, February 2, 2015 at City Hall at 6:30 pm.
The meeting was adjourned at 7:50 pm.
Respectfully submitted,
Shelley Hanson
Secretary
DRAFT MINUTES OF
PLANNING AND ZONING COMMISSION
MARCH 3, 2015
7:00 PM
The meeting was called to order at 7:00 pm by Chair Marlaine Szurek.
Commission Members present- Little, Fiorendino, Kinney, Lee, and Szurek.
Also present were Loren Wickham (Asst. Community Development Director), Elizabeth
Holmbeck (Planner), and Shelley Hanson (Secretary) along with Council Liaison, John Murzyn.
Motion by Fiorendino, seconded by Little, to approve the minutes from the meeting of December
2, 2014. All ayes. MOTIONPASSED.
PUBLIC HEARINGS
CASE NUMBER: 2015 -0301
APPLICANT: Frattalone's Hardware
LOCATION: 4340 Central Ave NE
REQUEST: Conditional Use Permit
Holmbeck told members that Leslie Delisi, representing Frattallone's Ace Hardware, is seeking a
Conditional Use Permit (CUP) that would allow outdoor garden sales in the parking lot of the
Columbia Heights Value Center (4340 Central Avenue NE). The Columbia Heights Ace
Hardware store applied for an Interim Use Permit (temporary) to operate its first outdoor garden
sale last spring. This year the store is applying for a CUP, which will run with the property and
allow for outdoor sales throughout the year, without the need to apply in the future. Outdoor
Sales requires a Conditional Use Permit per code Section 9.110 (E) (3) (i).
ZONING ORDINANCE
The property located at 4340 Central Ave. NE is located in the GB, General Business Zoning
District. Adjacent properties to the north and south are zoned LB, Limited Business and R -2A,
One and Two Family Residential. The properties to the east are zoned GB, General Business and
the properties to the west are zoned R -2A, One and Two Family Residential.
COMPREHENSIVE PLAN
The Comprehensive Plan guides this area as Commercial. Allowing seasonal outdoor sales is
consistent with the City's Comprehensive Plan.
Planning & Zoning Minutes
Page 2
March 3, 2015
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.
Outdoor Sales or display is specifically listed as a Conditional Use in the General
Business (GB) Zoning District.
(b) The use is in harmony with the general purpose and intent of the Comprehensive Plan.
The Comprehensive Plan designates this area for Commercial use. The applicant will be
using the existing parking lot to operate seasonal outdoor sales, which is a compatible
use to the existing commercial uses in the Valu Center Mall.
(c) The use will not impose hazards or disturbing influences on neighboring properties.
The proposed use will not result in additional noise, odor or vibration and should not
disrupt neighboring properties.
(d) The use will not substantially diminish the use of property in the immediate vicinity.
The use ofproperty in the immediate vicinity will not be diminished by adding seasonal
outdoor sales.
(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.
This is correct.
(f) The use and property upon which the use is located are adequately served by essential
public facilities and services.
This is correct.
(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.
The proposed outdoor sales display area is not anticipated to create traffic issues. At this
time the parking lot has ample space available to accommodate the outdoor seasonal
display area and provide plenty of parking for customers. If parking becomes an issue,
staff reserves the right to request a transportation plan from the applicant.
(h) The use will not cause a negative cumulative effect, when considered in conjunction with
the cumulative effect of other uses in the immediate vicinity.
There is no anticipated negative cumulative effect associated with the addition of the
outdoor sales display area.
Planning & Zoning Minutes
Page 3
March 3, 2015
(i) The use complies with all other applicable regulations for the district in which it is
located.
This is correct.
Staff recommends approval of the proposed Conditional Use Permit for Seasonal Outdoor
Seasonal Sales at 4340 Central Ave NE.
Questions /comments from members:
Fiorendino asked if it was going to be the same size and location of the Linder's tent. Holmbeck
said it would be the same size and location of the tent they had last year in front of their store.
Kinney stated that the site plan should have indicated those two items. She doesn't feel
comfortable approving the CUP without the information as this is a permanent approval that
stays with the property.
Szurek suggested that Ace Hardware Provide this information on the Site Plan prior to the City
Council consideration at the March 9" meeting.
Public Hearing was Opened.
No one was present to speak on this.
Public Hearing Closed.
Motion by Kinney, seconded by Fiorendino, that the Planning Commission recommends the City
Council approve the Conditional Use Permit for Seasonal Outdoor Sales located at 4340
Central Avenue NE 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:
1. The nature of the use associated with this facility shall be limited to seasonal sales.
2. Outdoor agricultural /produce sales located within the public right -of -way are prohibited.
3. Outdoor storage and display under the canopy along the building storefront is prohibited.
4. All goods shall be displayed in an orderly fashion, with access aisles provided as needed.
S. Music or amplified sounds shall not be audible from adjacent residential properties.
6 Signage shall be limited to (2) professionally made signs per structure, not exceeding thirty -
two (32) square feet per sign.
Planning & Zoning Minutes
Page 4
March 3, 2015
7. The outdoor storage shall be located as indicated on the site plan and the size shall be
provided.
8. If parking becomes an issue the applicant shall submit a transportation plan to staff to
address parking alternatives.
All ayes. MOTIONPASSED. The following Resolution will go to the Council March 9`1'.
RESOLUTION NO. 2015-
RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR SEASONAL
OUTDOOR SALES AT FRATTALLONE'S ACE HARDWARE -4340 CENTRAL AVE.
NE. COLUMBIA HEIGHTS
WHEREAS, a proposal (Case #2015 -0301) has been submitted by Leslie DeLisi, representing
Frattallone's Ace Hardware to the City Council requesting a Conditional Use Permit from the
City of Columbia Heights at the following site:
ADDRESS: 4340 Central Avenue
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING PERMIT: Conditional Use Permit for
seasonal outdoor sales.
WHEREAS, the Planning and Zoning Commission held a public hearing as required by the City
Zoning Code on March 3rd, 2015;
WHEREAS, the City Council has considered the advice and recommendations of the Planning
and Zoning Commission regarding the effect of the proposed site plan upon the health, safety,
and welfare of the community and its Comprehensive Plan, as well as any concerns related to
compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in
the surrounding areas; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia
Heights after reviewing the proposal, that the City Council accepts and adopts the following
findings:
1. The use is one of the conditional uses listed for the zoning district in which the property
is located, or is a substantially similar use as determined by the Zoning Administrator.
2. The use is in harmony with the general purpose and intent of the Comprehensive Plan.
Planning & Zoning Minutes
Page 5
March 3, 2015
3. The use will not impose hazards or distributing influences on neighboring properties.
4. The use will not substantially diminish the use of property in the immediate vicinity.
5. The use will be designed, constructed, operated and maintained in a manner that is
compatible with the appearance of the existing or intended character of the surrounding
area.
6. The use and property upon which the use is located are adequately served by essential
public facilities and services
7. Adequate measures have been or will be taken to minimize traffic congestion on the
public streets and to provide for appropriate on -site circulation of traffic.
8. The use will not cause a negative cumulative effect, when considered in conjunction with
the cumulative effect of other uses in the immediate vicinity.
9. The use complies with all other applicable regulations for the district in which it is
located.
FURTHER, BE IT RESOLVED that the attached conditions, maps, and other information shall
become part of this permit and approval; and in granting this permit the city and the applicant
agree that this permit shall become null and void if the project has not been completed within one
(1) calendar year after the approval date, subject to petition for renewal of the permit.
CONDITIONS ATTACHED:
1. The nature of the use associated with this facility shall be limited to seasonal sales.
2. Outdoor agricultural /produce sales located within the public right -of -way are prohibited.
3. Outdoor storage and display under the canopy along the building storefront is
prohibited.
4. All goods shall be displayed in an orderly fashion, with access aisles provided as needed.
S. Music or amplified sounds shall not be audible from adjacent residential properties.
6. Signage shall be limited to (2) professionally made signs per structure, not exceeding
thirty -two (32) square feet per sign.
7. The outdoor storage shall be located as indicated on the site plan and the size provided.
8. If parking becomes an issue the applicant shall submit a transportation plan to staff to
address parking alternatives.
Passed this 9h day of March 2015
Offered by: Kinney
Seconded by: Fiorendino
Roll Call: All ayes
Planning & Zoning Minutes
Page 6
March 3, 2015
CASE NUMBER: 2015 -0302
APPLICANT: First Lutheran Church
LOCATION: 1555 40th Avenue NE.
REQUEST: Conditional Use Permit
Holmbeck explained that Julie Johnson, representing First Lutheran Church, is seeking to amend
the property's Conditional Use Permit (CUP) to increase the number of rooms used for the
Charter School (Prodeo Academy). The Church previously applied for a CUP in May of 2013,
and was granted approval. Since then the school has been in operation at the property located at
1555 40th Avenue NE. As part of the first CUP'S approval, a condition was put on the permit
that the total classrooms used by the school would not exceed 10. Currently the school is
growing and in need of more classrooms for the current number of students enrolled. The
applicant feels that there is an adequate amount of space at the church to allow the charter school
to operate in 18 classrooms. The church will continue their operations as usual. A School, Public
or Private, K -12 requires a Conditional Use Permit per code Section 9.109 (E) (3) (c).
ZONING ORDINANCE
The property located at 1555 40th Ave. NE is zoned R -1, Single Family Residential, as are the
properties to north, east and west. The properties to the south are zoned R -2A, One and Two
family residential and Park and Open Space. Schools are permitted as a Conditional Use in
Residential Districts.
COMPREHENSIVE PLAN
The Comprehensive Plan designates this area for Religious Institution. A school inside a
religious institution meets the spirit and intent of the Comprehensive Plan.
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.
Schools, public or private, K -12 are specifically listed as a Conditional Use in the R -1,
Single Family District.
Planning & Zoning Minutes
Page 7
March 3, 2015
(b) The use is in harmony with the general purpose and intent of the Comprehensive
Plan.
The Comprehensive Plan designates this area for Religious Institution. The proposed use
is not changing the current use, rather just adding to it. A church and school are both in
harmony and meet the general intent of the Comprehensive Plan.
(c) The use will not impose hazards or disturbing influences on neighboring properties.
The proposed use as a school will not impose hazards or disturbing influences on
neighboring properties. The subject property was originally built as a school. There is
more than enough room at the church to accommodate the schools classroom needs and
parking needs.
(d) The use will not substantially diminish the use of property in the immediate vicinity.
The use of property in the immediate vicinity will not be diminished by adding a charter
school to the church.
(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.
There will be no physical changes to the appearance of the existing building to
accommodate the school.
(f) The use and property upon which the use is located are adequately served by essential
public facilities and services.
This is correct.
(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.
The original use of the subject site was for a school, at which time the parking lot was
built appropriately.
(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.
Considering the church was previously a school there should be no negative cumulative
effect.
(i) The use complies with all other applicable regulations for the district in which it is
located.
This is correct.
Planning & Zoning Minutes
Page 8
March 3, 2015
Holmbeck stated that she had received one e -mail from a neighboring resident that complained
about the drop off and pick up location that the buses use. Since the teachers and staff park
along 41St Avenue and the buses pick up and drop off students along 41" Avenue, this negatively
impacts traffic and the ability for residents to park near their own homes. Holmbeck passed out
a copy of the e -mail to the members. She then told members that the Church is aware of this
complaint and will try to remedy the situation. Staff recommends approval of the proposed
Conditional Use Permit for a school at 1555 40th Ave NE.
Questions /comments from members:
Kinney asked if the request meets all the other code requirements. Holmbeck stated it did.
Kinney then asked what the new classrooms would be used for. Holmbeck told her they are
expanding to accommodate the addition of 2nd and 3rd grade class space.
Fiorendino asked if there was adequate parking if the expansion is approved. Holmbeck stated
the property has a large parking lot already so that is not an issue. He then asked if they are
legally allowed to park along 41 s' Avenue and to also use 41 st Avenue as a pick up and drop off
center for buses. Holmbeck stated it was allowed. Fiorendino thought it would be a better idea to
do this in the parking lot on the south side of the building.
Public Hearing was Opened.
Kurt & Renee Meyer of 1629 41St Avenue live just north of the Church. They are not opposed to
the expansion of the school, however, they do think the school should be using the parking lot on
site so that the neighborhood is not disrupted. Mrs. Meyer is starting a home day care business
and because the teachers /staff park along 41St Avenue in front of her home, and the buses also
park along 41 st Avenue, this prohibits anyone from accessing her property from the street.
Rick Campion, Executive Director of the School, admitted that staff is parking along 41St Avenue
and a few of them on Tyler Street. He stated that the buses are only on 4l 't Avenue for a short
time in the mornings and may be there slightly longer for the afternoon pick up. As the
discussion progressed the members were told that the classrooms are closest to the entrance
along 41" Avenue and it is the most direct route for the students to use. If they move the bussing
area to the parking lot the students would have to be directed through the inside of the building.
Since school personnel is limited in the mornings, 41St Avenue was the best option for them. Mr.
Campion suggested that buses be allowed to continue their drop off in the mornings on 41 st
Avenue and then use the parking lot for pick up in the afternoon, and that he will notify all staff
to park in the parking lot.
Planning & Zoning Commission Minutes
Page 9
March 3, 2015
All the Commission members concurred that the entire school staff should be parking in the
parking lot and wanted that added as a condition of the approval. Then the discussion continued
as to where the bus pick up and drop off should be. Szurek asked if the school had considered
using Tyler Street for the bus area. She said that is where the buses used to line up when it was
Silverwood School. Campion said that could work but that students would have to use the
entrance on the NW corner of the site, which would require them to walk along the sidewalk
about 50 -70 feet instead of 20 feet as they do now. The members didn't feel that was out of line
or a safety issue as they would be on the sidewalk leading to the entrance.
Little said an easy solution would be to use the parking lot for all school parking and bussing.
This would be the safest for the children and would alleviate any neighborhood traffic issues.
Kinney stated she wouldn't approve this without a solution to deal with the traffic issues as
determined by Public Works. Holmbeck said that the Public Works Director had already
reviewed this case and had no comments regarding traffic /parking changes. Szurek told members
that the Planning & Zoning Commission can recommend a solution to the City Council as a
condition for approval of this request so they can make the final decision. Based on that the
following recommendation was made:
Motion by Kinney, seconded by Little, that the Planning Commission recommends the City
Council approve the Conditional Use Permit for a school located at 1555 40 Avenue 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:
1. The City reserves the right to require the applicant to submit a transportation plan if traffic
issues arise in the future.
2. All bus drop -offs in the morning will occur on Tyler Street.
3. All bus pick -ups in the afternoon will occur in the parking lot.
4. All school staff will park in the parking lot.
Roll Calla All ayes. MOTION PASSED.
Planning & Zoning Minutes
Page 9
March 3, 2015
RESOLUTION NO. 2015-
RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A CHARTER
SCHOOL AT FIRST LUTHERAN CHURCH -1555 40" AVENUE NE
WHEREAS, a proposal (Case #2015 -0302) has been submitted by Julie Johnson, representing First
Lutheran Church to the City Council requesting a Conditional Use Permit from the City of Columbia
Heights at the following site:
ADDRESS: 1555 40"' Avenue NE
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING PERMIT: Conditional Use Permit for Charter
School.
WHEREAS, the Planning and Zoning Commission held a public hearing as required by the City Zoning
Code on March 3`d, 2015;
WHEREAS, the City Council has considered the advice and recommendations of the Planning and
Zoning Commission regarding the effect of the proposed site plan upon the health, safety, and welfare of
the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses,
traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after
reviewing the proposal, that the City Council accepts and adopts the following findings:
1. The use is one of the conditional uses listed for the zoning district in which the property is
located, or is a substantially similar use as determined by the Zoning Administrator.
2. The use is in harmony with the general purpose and intent of the Comprehensive Plan.
3. The use will not impose hazards or distributing influences on neighboring properties.
4. The use will not substantially diminish the use of property in the immediate vicinity.
5. The use will be designed, constructed, operated and maintained in a manner that is compatible
with the appearance of the existing or intended character of the surrounding area.
6. The use and property upon which the use is located are adequately served by essential public
facilities and services
7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets
and to provide for appropriate on -site circulation of traffic.
8. The use will not cause a negative cumulative effect, when considered in conjunction with the
cumulative effect of other uses in the immediate vicinity.
9. The use complies with all other applicable regulations for the district in which it is located.
FURTHER, BE IT RESOLVED that the attached conditions, maps, and other information shall become part
of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall
become null and void if the project has not been completed within one (1 ) calendar year after the approval
date, subject to petition for renewal of the permit.
Planning & Zoning Minutes
Page 10
March 3, 2015
CONDITIONS ATTACHED:
1. The City reserves the right to require the applicant to submit a transportation plan if traffic
issues arise in the future.
2. All bus drop -offs in the morning will occur on Tyler Street.
3. All bus pick -ups in the afternoon will occur in the parking lot.
4. All school staff will park in the parking lot.
Passed this 9th day of March 2015
Offered by:
Seconded by:
Roll Call:
Other New Business
A. League of MN Cities Land Use Training
Holmbeck reminded members to take the on -line course if they haven't already done so.
B. Update on Blockbuster Redevelopment Site
Holmbeck told members that Noodles & Co. and Chipotle have both committed to adding a
store at this site. There are a couple more tentative businesses that are still in the negotiations
stage. Chipotle will be in the new stand -alone building and will not have a drive -thru isle as
originally proposed.
C. Sarna's Sign
After the last meeting, staff contacted Mr. Sarna and explained that several complaints had
been received regarding their illuminating signage. Mr. Sarna was very cooperative and
immediately made adjustments to the brightness of the sign and contacted staff to ensure it
was now within an acceptable range.
D. Connie Buesgens- Discuss Concept for use of Central Valu Center
Holmbeck told members that Ms. Buesgens wanted to share a possible use of the mostly
vacant mall with members based on a similar one that was redeveloped near the west coast.
She was unable to attend the meeting at the last minute, but any information received will be
forwarded to the members.
Planning & Zoning Commission Minutes
Page 12
March 3, 2015
E. Resignation of Commission Members
Christ Little told members that he is resigning his position on the commission as he will be
moving out of the City in April. And Tracey Kinney told members that she is not renewing
her position and her term expires in April also. So we have two vacant positions to be filled.
There are no cases for an April meeting so the next meeting should be Tuesday, May 5, 2015.
The meeting was adjourned at 7:55 pm.
Respectfully submitted,
Shelley Hanson
Secretary
CITY COUNCIL LETTER
Meeting of March 9, 2015
AGENDA SECTION: Consent
ORIGINATING DEPARTMENT
CITY MANAGER
NO.
POLICE
APPROVAL:
ITEM: Approve Gambling Permit,
BY: Scott Nadeau'`
BY:
NO. Immaculate Conception Church
DATE: March 2, 2015
DATE:
Fun Fest on August 7 -9, 2015
BACKGROUND:
Immaculate Conception Church, 4030 Jackson Street NE, has submitted a request for a gambling
permit for their Fun Fest scheduled for August 7 -9, 2015. Activities to be included are bingo and a
raffle.
ANALYSIS /CONCLUSION:
Since the organization satisfies the City Council resolution regarding one -time charitable gambling
and has paid the $25 permit fee, the following action is recommended.
RECOMMENDED MOTION:
MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling
Control Board indicating that the City of Columbia Heights has no objection to a gambling permit for
Immaculate Conception Church to conduct bingo and a raffle at their Fun Fest event being held
August 7 -9, 2015 at 4030 Jackson Street NE, Columbia Heights; and furthermore, that the City of
Columbia Heights hereby waives the remainder of the thirty -day notice to the local governing body.
MINNESOTA LAWFUL GAMBLING
LG220 Application for Exempt hermit
8/14
Page 1 of 2
An exempt permit may be issued to a nonprofit organization that:
lawful
Application fee (nonrefundable)
• conducts gambling on five or fewer days, and
awards less than $50,000 in prizes during a calendar year.
If the application is postmarked or received
30 days or more before the event, the application
If total prize value for the year wig be $1,500 or less, contact the Licensing
fee is $50; otherwise the fee is $100.
Specialist assigned to your county_
Organization Information
Organization Name: Previous Gambling Permit Number:
Immaculate Conception Church and School
Minnesota Tax ID Number, if any: Federal Employer ID Number (FEIN), if any:
Type of Nonprofit Organization (check one):
Fraternal t% Religious Veterans Laother Nonprofit Organization
Mailing Address: City: State and Zip: County:
4030 Jackson Street NE Columbia Heights Mn 55421 Anoka
Name of Chief Executive Officer (CEO): Daytime Phone: Email:
John Mitchell 7617E8-9062 imitchelld'mmac-chur
Nonprofit Status
Attach a copy of ONE of the following for proof of nonprofit status:
Nonprofit Articles of Incorporation OR a current Certificate of Good Standing.
Don't have a copy? This certificate must be obtained each year from:
Minnesota Secretary of State
Business Services Division
60 Empire Drive, Suite 100
St. Paul, MN 55103
Phone: 651 - 296 -2803
IRS income tax exemption (S41(c)) letter in
your organization's name.
Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact
the IRS at 877 -829 -5500.
IRS - Affiliate of national, statewide, or international parent nonprofit organization (charter).
If your organization falls under a parent organization, attach copies of both of the following:
a. an IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling, and
b. the charter or letter from your parent organization recognizing your organization as a subordinate.
Gambling Premises Information
Name of premises where the gambling event will be conducted (for raffles, list the site where the drawing will take place):
Immaculate Conception Church and School
Address (do not use PO box): City or Township: Zip Code: County:
Columbia.Heights 55421 Anoka
Date(s) of activity (for raffles, indicate the date of the drawing):
August 7,8,9, 2015
Check each type of gambling activity that your organization will conduct:
Bingo* = Paddlewheels* =Pull -Tabs* = Tipboards*
f ;Raffle (total value of raffle prizes awarded for the year: $3 000)
*Gambling equipment for bingo paper, paddlewheels, pull -tabs, and tipboards must be obtained from a distributor
licensed by the Minnesota Gambling Control Board. EXCEPTION: Bingo hard cards and bingo number selection devices may
be borrowed from another organization authorized to conduct bingo.
To find a licensed distributor, go to www.mn.gov /geb and click on Distributors under the LIST OF LICENSEES,
or call 651 -539 -1900.
LG220 Application for Exempt Permit
8/14
Ramp? of')
Local Unit of Government Acknowledgment
CITY APPROVAL
COUNTY APPROVAL
for a gambling premises
for a gambling premises
located within city limits
located in a township
[]The application is acknowledged with no waiting period,
he application is acknowledged with no waiting period.
T he application is acknowledged with a 30 -day waiting
he application is acknowledged with a 30 -day waiting
period, and allows the Board to issue a permit after 30 days
period, and allows the Board to issue a permit after
(60 days for a 1st class city).
30 days.
The application is denied,
he application is denied.
Print City Name:
Print County Name:
Signature of City Personnel:
Signature of County Personnel:
Title: Date:
Title: Date:
TOWNSHIP (if required by the county).
On behalf of the township, I acknowledge that the organization
is applying for exempted gambling activity within the township
limits. (A township has no statutory authority to approve or
deny an application, per Minn. Statutes, section 349.1.66.)
Local lllltlt Of gOVer[1nleilt [T1tllSt Sigh.
Print Township Name:
Signature of Township Officer:
Title: Date:
Chief Executive Officer's Signature
. .._.._.......
The information provided in this application is complete and accurate to the best of my knowledge. I acknowledge that the financial
report will be completed and returned to the Board within 30 days of the event date.
Chief Executive Officers Signature: Date: 0 Z j�
Print Name: ,T, J
Requirements
Complete a separate application for:
Financial report and recordkeeping required.
• all gambling conducted on two or more consecutive days, or
A financial report form and instructions will be sent with your
• all gambling conducted on one day.
permit, or use the online fill -in form available at
Only one application is required if one or more raffle drawings are
www.mn.gov /gcb,
.conducted on the same day.
Within 30 days of the event date, complete and return the
Send application with:
financial report form to the Gambling Control Board. Your
a copy of your proof of nonprofit status, and
organization must keep all exempt raffle records and reports for
application fee (nonrefundable). If the application is
3 -1/2 years (Minn. Statutes, section 349.166, subd. 2(f)).
postmarked or received 30 days or more before the event,
the application fee is $50; otherwise the fee is $100. Make
Questions?
check payable to State of Minnesota.
Call the Licensing Section of the Gambling Control Board at
651- 539 -1900_
To: Gambling Control Board
1711 West County Road B, Suite 300 South
This form will be made available in alternative format (Le, large
Roseville, MN 55113
print, Braille) upon request.
Data privacy notice: The information requested
on this form (and any attachments) will be used
by the Gambling Control Board (Board) to
determine your organization's qualifications to
be Involved in lawful gambling activities In
Minnesota. Your organization has the right to
refuse to supply the information; however, if
your organization refuses to supply this
information, the Board may not be able to
determine your organization's qualifications and,
as a consequence, may refuse to Issue a permit.
If your organization supplies the information
requested, the Board will be able to process the
application. Your organization's name and
address will be public Information when received
by the Board. All other information provided will
be private data about your organization until the
Board issues the permit. When the Board issues
the permit, all information provided will become
public. If the Board does not issue a permit, all
Information provided remains private, with the
exception of your organization's name and
address which will remain public. Private data
about your organization are available to Board
members, Board staff whose work requires
access to the information; Minnesota's Depart-
ment of Public Safety; Attorney General;
Commissioners of Administration, Minnesota
Management & Budget, and Revenue; Legislative
Auditor, national and international gambling
regulatory agencies; anyone pursuant to court
order; other individuals and agencies specifically
authorized by state or federal law to have access
to the information; individuals and agencies for
which law or legal order authorizes a new use or
sharing of information after this notice was
given; and anyone with your written consent.
';Jesxts Christ is the same yesterday, today and forever. "fiat,_ a-
Archdaocese of
Saint Paul and Mhmeapolis
October 20, 2009
Reverend Thomas Kunnel, TOR
Church of the Immaculate Conception
4030 Jackson Street NE
Columbia Heights, MN 55421 -2929
Dear Father Kunnel:
The Church of the Immaculate Conception of Columbia Heights, a Minnesota religious
,parish corporation, is a_ tax exempt organization under the provisions of Section 501(c)(3)
of the Internal Revenue Code by reason of a Group Ruling issued to the L3nited States
Conference of Catholic Bishops by the Internal Revenue Service on July 28, 2009, which
is the latest annual update in a series that began with the original determination, of March
25, 1946. A copy of the 2009 Group Ruling is enclosed. The Group Exemption Number
is 0928.
The Group Ruling provides that any organizations listed in the official Catholic
Directory for 2009 as being an agency, insftumentality and educational, charitable and
religious institutions operated, supervised or controlled by or in connection with the
Roman Catholic Church in the United States, are tax exempt.
The Church of the Irnmaculate Conception of Columbia Heights is listed in the Official
Catholic Directory fot 2009. A copy of the page from the directory showing that listing is
enclosed.
If you have any questions about the tax exempt status, please contact me.
Thank you.
Enclosures
InternM Revenue setvicas
P. 0. Box 25W
ClndansA €3H 45201
Date, JUL t8;Z009
Un'itW States Conference of Cathoiic BWg3s
3211 4Y' Street: KE
Washlrtgtort, D.C. 20017-1194
D"r Sir or Mariam;
Department of fhe Treasury
Person to contact:
Roger Meyer
Tail Free Teiephom Number.
877-82q-S600
EmploW IdentMca done Number:
5"196617
Group Exemption Number,
0928
In a ruling dater! March 25, 1946, we hekt that the agencies and Instrumentatities arxi all educational,
cf M to G and relk#Ous insiitrtt ms Operated, supervised, or controlled by or in connection with the
Rm an Catholic Church in the United States, its territories or posseSSlons app ng In The DflrcW
C8f Xft Dkwtcry 1945, are ertWed to exernpdon from Federal ir3t me, tax under the pmvistolm of
section 101(6) ,of #ta Intsmal Revenue Code of 1935, which corresponds to sOctfor! W1 (c)(3j of the
1986 Code. ibis nAing bas been updated annuagY to cover the organizations added-tD or deleted
fMm the Directory.
Ae O'icfaf Cafhcaflc Dfrr~ctawfor �M stvn the names -and addresses of alt agencies and
tnstrtrrrrerrtaltVW and aJ educatiorma charitable, and ter0ous MsUMons opersted by the Roman,
Cauv io Church in the United States, its tenito#es and possewior* In existsncs at the !fate the
Dlrectory was publls W� It is understood that each of these is a: non-profit organization, #tat no gait
of the rtet saplings thereof inures to the benefit of arry btdMduai, #rat w substarrW part of their
activiMesis for prorr aWn of legisiatton, and that nom ate pmrate foundations under secom 509(a) of
rile Code.
Based on all Information submWed, we condude that tiae-agersdes and insb'urnentaftes and
educationat, charitable. and reiigiaus htsiiiuffocrs Operated, supervE5a or controlled by or in
connection with the Roman Cathoifc Church in the United States, Its tardtodes or possessions
aPPeWng h 77* tai CW Caft3tc VfmcOy for 2009 are exempt from Federal irl me tax under
Sector! 501(C)(8) of the Code.
Darror5 maY deduct: contributfons to the agencies, h3sfrrrrrrefftWitles and insirfuiions re#@1 W to abovo,
as provided by section 174 of the Code, Beq sts, teg'ade -% clevise.,z frart fm, or gifts to t ,9M or for
thel'r use are deduc" for FederW estate and gift tax purposes if they meet the applabla provtstctrZs
Of sections 20561 2106, anti 2522 of the Code.
"nnhV JanuBty 1, 1984, crniess specficaflY a=e *W You and your subordinates mum pay tax
trfider the Federal lnsurancs Corrinbu6ons Act (RCA} for each erxrpfoyee who is pafd $-100 or more h1
a cakrtdar, year, as fndaxed for irt#tatioft. You and yowuftrdinates are W Ila* for the tax ruder
the f=ederal U empkzyrnent Tax Act (FU TA).
Ths c rKrdkm CGYWeming the retentlon of Your group exemptFOn as set font, in our provlous
determination [Mr dated August 17; 1883, remain in full force and effect
Sfn erely.
4 -
Cindy W
Manager, Exempt Orgenizattons
DeUefm[nations
CITY COUNCIL LETTER
Meeting of. March 7, 2015
AGENDA SECTION: CONSENT
ORIGINATING DEPARTMENT:
CITY
NO:
CITY MANAGER'S OFFICE
MANAGER'S
APPROVAL
ITEM: RESOLUTION 2015 -22
BY: KELLI BOURGEOIS
BY:
NO: AFSCME LABOR AGREEMENT
DATE: MARCH 2, 2015
DATE:
The labor agreement between the City and the American Federation of State, County and Municipal Employees
(AFSCME) Council No. 5, Local No. 495, representing clerical and technical employees, terminated on December 31,
2014. Negotiations between the City and AFSCME have resulted in a mutually acceptable labor agreement for
calendar years 2015 and 2016. The proposed changes are as follows:
Wages:
2015: 2.25% adjustment over 2014 wages, effective January 1, 2015
2016: 2.5% adjustment over 2015 wages, effective January 1, 2016
Insurance:
$865 per month City contribution to premiums for 2015 and 2016 (no change from 2014).
2016: $30 per month City contribution into a city designated health savings account for all employees enrolled
in an IRS qualified high deductible health plan.
ICMA Contribution:
Amend the current language to allow for a prorated City match (same amount as 2014) for employees regularly
scheduled to work 28 hours per week or more. Currently employees must be regularly scheduled to work 30 hours
or more per week to receive the prorated City match.
Vacation Usage:
Amend the current language to allow accrued vacation to be used in 15 minute increments versus the current one
hour increments.
Savings Clause:
Amend the current savings clause language to allow for voiding and renegotiation of any portions of the
Agreement that violate administrative rulings, legislation, or administrative regulations.
Attached please find Resolution 2015 -22 which would adopt and establish the changes as negotiated for
calendar years 2015 and 2016. Also attached please find a copy of the new contract language incorporating said
changes.
RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to
the public.
RECOMMENDED MOTION: Move to adopt Resolution 2015 -22, regarding the Labor Agreement between
the City of Columbia Heights and American Federation of State, County and Municipal Employees, Council No. 5,
Local No. 495, effective January 1, 2015- December 31, 2016.
COUNCIL ACTION:
RESOLUTION 2015 -22
A RESOLUTION APPROVING A COLLECTIVE BARGAINING AGREEMENT
BETWEEN THE CITY OF COLUMBIA HEIGHTS AND THE AMERICAN
FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, COUNCIL NO.
5, LOCAL NO. 495
WHEREAS, negotiations have proceeded between the American Federation of State, County
and Municipal Employees, Council No. 5, Local No. 495, representing clerical and technical
employees of the City, and members of the City's negotiation team; and
WHEREAS, said negotiations have resulted in a mutually acceptable collective bargaining
agreement for calendar years 2015 and 2016; and
WHEREAS, changes to the current agreement are hereby attached as Exhibit A, and a copy of
said collective bargaining agreement is available for inspection at the Office of the City Manager
and is made a part hereof by reference.
NOW THEREFORE, BE IT RESOLVED that the collective bargaining agreement as
negotiated, be and is hereby established as the salary and fringe benefit program for calendar
years 2015 and 206 for AFSCME, Council No. 5, Local No. 495, bargaining unit employees of
the City; and
BE IT FURTHER RESOLVED that the Mayor and City Manager are hereby authorized to
execute this collective bargaining agreement.
Passed this 91h day of March, 2015.
CITY OF COLUMBIA HEIGHTS
Offered by:
Seconded by:
Roll Call:
Mayor Gary L. Peterson
Katie Bruno
Council Secretary, City Clerk
Exhibit A
** PROPOSED CHANGES FOR 2015/2016 **
LABOR AGREEMENT
BETWEEN
CITY OF COLUMBIA HEIGHTS
AND
COUNCIL NO. 5
AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES
LOCAL NO. 495
JANUARY 1, 2015 - DECEMBER 31, 2016
ARTICLE 8. SAVINGS CLAUSE
This AGREEMENT is subject to the laws of the United States, the State of Minnesota, and the City of Columbia Heights. In the
event any provision of this AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction from whose final
judgment or decree no appeal has been taken within the time provided, or administrative ruling, or is in violation of legislation or
administrative regulations, such provisions shall be voided. All other provisions shall continue in full force and effect. The voided
provision may be renegotiated at the written request of either party.
ARTICLE 17. INSURANCE
17.1 The EMPLOYER will contribute up to a maximum of eight hundred and sixty-five ($865) per month per
(permanent and probationary full -time) employee for group health and group dental, including dependent coverage, life
and long term disability insurance for calendar years 2015 and 2016.
17.2 Effective January 1, 2016 the EMPLOYER will contribute thirty dollars ($30) per month per (permanent and
probationary fill -time) employee into a city designated health savings account for all emplovees enrolled in an IRS
qualified high deductible health plan.
17.3 Employees not choosing dependent coverage cannot be covered at EMPLOYER expense for any additional insurance
other than the individual group health, group life, and group dental insurance. Additional life insurance can be
purchased by employees at the employee's expense to the extent allowed under the EMPLOYER'S group policy.
ARTICLE 19. VACATION
19.1 Each permanent and probationary employee shall earn and accrue vacation time on the following basis:
During Employment Year Vacation Accrued Per Month
1 ...................................................... ...............................
.833 day
2 ...................................................... ...............................
.833 day
3 ...................................................... ...............................
.833 day
4 ...................................................... ...............................
.833 day
5 ...................................................... ...............................
.833 day
6 ...................................................... ...............................
.917 day
7 ..................................................... ...............................
1.000 day
8 ..................................................... ...............................
1.083 day
9 ..................................................... ...............................
1.167 day
10 .................................................... ...............................
1.250 day
11 ................................. ...............................
1.333 day
12 ................................ ...............................
1.417 day
13 .................................................... ...............................
1.500 day
14 .................................................... ...............................
1.583 day
15 .................................................... ...............................
1.667 day
16 .................................................... ...............................
1.750 day
17 .................................................... ...............................
1.833 day
18 .................................................... ...............................
1.916 day
19 .................................................... ...............................
2.000 day
20 & + ............................................. ...............................
2.083 day
Effective upon council ratification of a 2008 -2010 labor agreement, each permanent and probationary employee shall
earn and accrue vacation time on the following basis:
During Employment Year Vacation Accrued Per Month
1 thru 4 ........ ............................... .833 day
5 thru 9 ......... ............................... 1.250 day
10 thru 19 ...... ............................... 1.667 day
20+ ............. ............................... 2.083 day
Those employees who are in employment year 16, 17, 18, or 19, will be frozen at the vacation accrual rate they were at
the time of council ratification of a 2008 -2010 labor agreement, until they reach employment year 20.
19.2 Vacation leave may be used upon satisfactory completion of the first six months of the probationary period.
19.3 After satisfactory completion of his /her initial probationary period, any permanent employee leaving the municipal
service in good standing after giving proper notice of such termination of employment shall be compensated for vacation
leave accrued to the date of separation.
19.4 Vacation leave is intended as a period of rest and relaxation and may not be waived by an employee for the purpose of
receiving double pay.
19.5 Vacation leave shall be charged as used in amounts of not less than fifteen (15) minute increments.
19.6 Permanent Part-Time Employees: Those employees who are regularly scheduled to work 1,040 hours or more per year
shall be eligible for vacation time on a prorated basis. For the purposes of this section, regularly scheduled shall mean
the EMPLOYER has determined the employee will work 1,040 hours or more in a calendar year or the employee worked
1,040 hours or more in the previous calendar year and the EMPLOYER has determined the employee will work 1,040
hours or more in the following calendar year. An employee will accrue vacation at the rate based on the date(s) of the
employee's eligibility to accrue vacation.
ARTICLE 25. WAGES
See Appendix A and B. As a form of additional compensation, the City will contribute $1 per permanent and probationary full -time
employee toward a City- sponsored deferred compensation program for every $1 contributed toward such City- sponsored deferred
compensation program. Such contribution will not exceed $425 for calendar year 2015 and $425 for calendar year 2016.
As a form of additional compensation, the City will contribute $1 per permanent and probationary part-time employee, who is
regularly scheduled to work 1,456 hours or more per year, for every $1 contributed by such employee, toward a City- sponsored
deferred compensation program. Such contribution will not exceed $320 for calendar year 2015 and $320 for calendar year 2016.
ARTICLE 27. DURATION
This AGREEMENT shall be effective as of January 1, 2015, unless otherwise noted, and shall remain in force and effect until
December 31, 2016.
APPENDIX B - 2015 WAGE SCHEDULE
$18.42
Adjustments shall be effective January 1, 2015. Movement through the wage schedule is contingent upon
$20.26
satisfactory performance as adjudged by the EMPLOYER. No retroactive wage payment will be made to any
employee terminating employment during calendar year 2015 prior to Council ratification of a 2015 wage schedule.
Title Entry 6 months 1 year 2 years 3 years
4 nears
Engineering Tech IV $26.62 $27.95 $29.28 $30.61 $31.94
$33.27
Engineering Tech III $23.21 $24.37 $25.53 $26.69 $27.85
$29.01
Assistant Building Inspector $19.22 $20.18 $21.14 $22.10 $23.06
$24.02
Engineering Tech II $19.18 $20.13 $21.09 $22.05 $23.01
$23.97
Secretary II- Police $18.95 $19.90 $20.85 $21.79 $22.74
$23.69
Secretary II- Permits /Licenses
Secretary II -A, Public Works
Accounts Payable Clerk
Head Custodian
$18.42
$19.34
$20.26
$21.18
$22.10
$23.02
Accounting Clerk II- Assessing
$17.83
$18.72
$19.62
$20.51
$21.40
$22.29
Secretary II -A, Police
Secretary II- Finance
Secretary II- Community Development
Accounting Clerk II- Liquor
Accounting Clerk II- Utilities
Accounting Clerk II- Finance
Budget Coordinator
Clerk- Typist II- Recreation
$17.59
$18.47
$19.35
$20.23
$21.11
$21.99
Secretary II -Fire
Clerk- Typist II- Library (Adult)
Clerk- Typist II- Police
Accounting Clerk 1- Utilities
$17.07
$17.93
$18.78
$19.63
$20.49
$21.34
Community Service Officer
Recreation Program Coordinator
Accounting Clerk I- Liquor
Accounting Clerk I- Finance
Receptionist/Cashier
$16.84
$17.68
$18.52
$19.37
$20.21
$21.05
Clerk- Typist II- Library (Children's)
Clerk- Typist II- Administration
Clerk- Typist II -Fire
Library Clerk
$16.29
$17.10
$17.92
$18.73
$19.55
$20.36
Recreation Clerk
Meter Reader
$12.62
$13.25
$13.88
$14.51
$15.14
$15.77
Custodian II
Retail Clerk- Stock
$12.41
$13.03
$13.65
$14.27
$14.89
$15.51
Retail Clerk- Cashier
APPENDIX B - 2016 WAGE SCHEDULE
2.5% Increase
Adjustments shall be effective January 1,
2016. Movement
through the
wage schedule
is contingent upon
satisfactory performance as adjudged by the EMPLOYER.
Title
Entry
6 months
1 year
2 years
3 years
4 years
Engineering Tech IV
$27.28
$28.64
$30.01
$31.37
$32.74
$34.10
Engineering Tech III
$23.79
$24.98
$26.17
$27.36
$28.55
$29.74
Assistant Building Inspector
$19.70
$20.68
$21.67
$22.65
$23.64
$24.62
Engineering Tech II
$19.66
$20.64
$21.62
$22.60
$23.59
$24.57
Secretary II- Police
$19.42
$20.40
$21.37
$22.34
$23.31
$24.28
Secretary II- Permits /Licenses
Secretary II -A, Public Works
Accounts Payable Clerk
Head Custodian
$18.88
$19.82
$20.77
$21.71
$22.66
$23.60
Accounting Clerk II- Assessing
$18.28
$19.19
$20.11
$21.02
$21.94
$22.85
Secretary II -A, Police
Secretary II- Finance
Secretary II- Community Development
Accounting Clerk II- Liquor
Accounting Clerk II- Utilities
Accounting Clerk II- Finance
Budget Coordinator
Clerk- Typist II- Recreation
$18.03
$18.93
$19.84
$20.74
$21.64
$22.54
Secretary II -Fire
Clerk- Typist II- Library (Adult)
Clerk- Typist II- Police
Accounting Clerk 1-Utilities
$17.50
$18.37
$19.25
$20.12
$21.00
$21.87
Community Service Officer
Recreation Program Coordinator
Accounting Clerk I- Liquor
Accounting Clerk I- Finance
Receptionist /Cashier
$17.26
$18.13
$18.99
$19.85
$20.72
$21.58
Clerk- Typist II- Library (Children's)
Clerk- Typist II- Administration
Clerk- Typist II -Fire
Library Clerk
$16.70
$17.53
$18.37
$19.20
$20.04
$20.87
Recreation Clerk
Meter Reader
$12.93
$13.57
$14.22
$14.87
$15.51
$16.16
Custodian II
Retail Clerk- Stock
$12.72
$13.36
$13.99
$14.63
$15.26
$15.90
Retail Clerk- Cashier
Custodian I
CITY COUNCIL LETTER
Meeting of: March 9, 2015
AGENDA SECTION: CONSENT 7E
ORIGINATING DEPARTMENT:
CITY MANAGER'S
NO:
CITY MANAGER'S
APPROVAL
ITEM: ADOPTING 2015 -2016 SALARY & FRINGE
BY: KELLI J. BOURGEOIS
BY:
BENEFIT ADJUSTMENT FOR NON -UNION
DATE: MARCH 5, 2015
DATE:
SUPERVISORY EMPLOYEES
NO:
Attached is a resolution and schedule reflecting proposed salary and fringe benefit
adjustments for non -union supervisory employees. The proposed changes are as follows:
Wages:
2015: 2.25% adjustment over 2014, effective January 1, 2015
2016: 2.5% adjustment over 2015, effective January 1, 2016
Insurance:
$865 per month City contribution to premiums for 2015 and 2016 (no change from 2014).
2016: $30 per month City contribution into a city designated health savings account for all
employees enrolled in an IRS qualified high deductible health plan.
Deferred Compensation: As a form of additional compensation, the City will contribute $1
per full -time employee toward a city- sponsored deferred compensation program for every $1
contributed by such employee toward such city- sponsored deferred compensation program.
Such employer contribution will not exceed $425 for calendar years 2015 and 2016. (2014=
$425)
Attached is a resolution which would adopt and establish the changes. Also attached is a
copy of the wage schedules and benefit changes.
RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies
available to the public.
RECOMMENDED MOTION: Move to adopt Resolution 2015 -23, adopting changes in non -union group
salary ranges, and establishing salaries and changes in fringe benefits for non - unionized
City supervisory positions for calendar years 2015 and 2016.
COUNCIL ACTION:
RESOLUTION 2015 -23
ADOPTING CHANGES IN NON -UNION SUPERVISORY
SALARY RANGES, ESTABLISHING SALARIES FOR NON - UNIONIZED
SUPERVISORY POSITIONS, AND
CHANGES IN FRINGE BENEFITS
WHEREAS, the City of Columbia Heights adopted a Wage Compensation Program for
Non - Unionized City Employees effective January 1, 1980 (Resolution 80 -47), which indicated
that on an annual basis changes will be adopted in Group Salary Ranges, and,
WHEREAS, the City of Columbia Heights adopted a Comparable Worth Implementation
Plan effective January 1, 1988 (Resolution 88 -50), to assure comparable compensation for
positions with comparable skills, effort, responsibilities, and working conditions, and
proportional compensation for positions where such factors are different; and,
WHEREAS, the City of Columbia Heights annually reviews the Employer's share for
various insurance programs and other benefits for its non - unionized supervisory employees to
compare what is provided to other employee groups in the City;
NOW, THEREFORE, BE IT RESOLVED, that the City of Columbia Heights establishes
salary ranges and fringe benefits for non - unionized supervisory City positions, as indicated on
Schedule A which is on file in the office of the City Manager and is attached, for calendar years
2015 and 2016; and that movement through the salary range is contingent upon satisfactory
performance of the employee.
Passed this 9th day of March, 2015.
Offered by:
Seconded by:
Roll Call:
Gary L. Peterson, Mayor
Katie Bruno
Council Secretary, City Clerk
SCHEDULE A
INSURANCE
The EMPLOYER will contribute up to a maximum of eight hundred and sixty -five dollars ($865) per month per
full -time employee for calendar years 2015 and 2016 for employee life insurance, group health insurance, and
dental insurance. Should the cost of such benefits be less than $865 per month, the difference may be used
toward any other City - provided insurance benefit and /or a City sponsored deferred compensation program.
Effective January 1, 2016 the EMPLOYER will contribute thirty dollars ($30) per month per full -time employee
into a City designated health savings account for all full time employees enrolled in an IRS qualified high
deductible health plan.
DEFERRED COMPENSATION
As a form of additional compensation, the City will contribute $1 per full -time employee toward a city- sponsored
deferred compensation program for every $1 contributed by such employee toward such city- sponsored deferred
compensation program. Such employer contribution will not exceed $425 for calendar years 2015 and 2016.
2015 Monthly Salary Schedule
Effective January 1, 2015
2.25%
Entry 6 Months 1 Year 2 Years 3 Years
STORE SUPERVISOR
IS TECHNICIAN
ASSOCIATE PLANNER
POLICE IS SPECIALIST
ASSISTANT LIQUOR MANAGER
OFFICE SUPERVISOR - POLICE
FACILITIES MAINTENANCE SUPERVISOR
ACCOUNTING COORDINATOR
ADMINISTRATIVE ASST -PUB WORKS
SENIOR CITIZENS COORDINATOR
ASSISTANT IS DIRECTOR
CHILDREN'S LIBRARIAN
ADULT SERVICES LIBRARIAN
STORE MANAGER
ACCOUNTANT
VEHICLE MAINTENANCE SUPERVISOR
BUILDING OFFICIAL
PLANNER
PUBLIC WORKS SUPERINTENDENT- UTILITIES
PUBLIC WORKS SUPERINTENDENT- STREETS /PKS
ASSISTANT CITY ENGINEER
ASSISTANT COMMUNITY DEV DIRECTOR
ASSISTANT FINANCE DIRECTOR
RECREATION DIRECTOR
IS DIRECTOR
LIQUOR OPERATIONS MANAGER
$2,871
$2,968
$3,066
$3,164
$3,262
$3,399
$3,515
$3,631
$3,747
$3,863
$3,807
$3,937
$4,066
$4,196
$4,326
$4,034
$4,171
$4,309
$4,446
$4,584
$4,132
$4,273
$4,414
$4,555
$4,696
$4,264
$4,410
$4,555
$4,701
$4,846
$4,404
$4,554
$4,704
$4,854
$5,004
$4,605
$4,762
$4,919
$5,076
$5,233
$5,010
$5,181
$5,351
$5,522
$5,693
$5,076
$5,249
$5,422
$5,595
$5,768
$5,136
$5,311
$5,486
$5,661
$5,836
$5,220
$5,398
$5,576
$5,754
$5,932
$5,451
$5,637
$5,822
$6,008
$6,194
$5,879
$6,080
$6,280
$6,481
$6,681
$6,170
$6,380
$6,590
$6,801
$7,011
$6,268
$6,482
$6,696
$6,909
$7,123
$6,312
$6,527
$6,743
$6,958
$7,173
$6,341
$6,557
$6,774
$6,990
$7,206
$6,361
$6,577
$6,794
$7,011
$7,228
$6,648
$6,875
$7,102
$7,328
$7,555
$7,195
$7,440
$7,685
$7,931
$8,176
2016 MONTHLY SALARY SCHEDULE
EFFECTIVE JANUARY 1, 2016
2.5% Increase
Entry 6 Months 1 Year 2 Years 3 Years
STORE SUPERVISOR
$2,943
$3,043
$3,143
$3,244
$3,344
IS TECHNICIAN
$3,485
$3,604
$3,722
$3,841
$3,960
ASSOCIATE PLANNER
POLICE IS SPECIALIST
ASSISTANT LIQUOR MANAGER
OFFICE SUPERVISOR - POLICE
FACILITIES MAINTENANCE SUPERVISOR
ACCOUNTING COORDINATOR
ADMINISTRATIVE ASST -PUB WORKS
SENIOR CITIZENS COORDINATOR
ASSISTANT IS DIRECTOR
CHILDREN'S LIBRARIAN
ADULT SERVICES LIBRARIAN
STORE MANAGER
ACCOUNTANT
VEHICLE MAINTENANCE SUPERVISOR
BUILDING OFFICIAL
PLANNER
PUBLIC WORKS SUPERINTENDENT - UTILITIES
PUBLIC WORKS SUPERINTENDENT - STREETS /PKS
ASSISTANT CITY ENGINEER
ASSISTANT COMMUNITY DEV DIRECTOR
ASSISTANT FINANCE DIRECTOR
RECREATION DIRECTOR
IS DIRECTOR
LIQUOR OPERATIONS MANAGER
$3,902
$4,035
$4,168
$4,301
$4,434
$4,135
$4,276
$4,417
$4,558
$4,699
$4,235
$4,380
$4,524
$4,669
$4,813
$4,371
$4,520
$4,669
$4,818
$4,967
$4,514
$4,667
$4,821
$4,975
$5,129
$4,720
$4,881
$5,042
$5,203
$5,364
$5,135
$5,310
$5,485
$5,660
$5,835
$5,203
$5,380
$5,557
$5,735
$5,912
$5,264
$5,444
$5,623
$5,803
$5,982
$5,350
$5,533
$5,715
$5,898
$6,080
$5,587
$5,778
$5,968
$6,159
$6,349
$6,026
$6,232
$6,437
$6,643
$6,848
$6,324
$6,539
$6,755
$6,970
$7,186
$6,425
$6,644
$6,863
$7,082
$7,301
$6,470
$6,690
$6,911
$7,131
$7,352
$6,500
$6,721
$6,943
$7,164
$7,386
$6,520
$6,742
$6,964
$7,187
$7,409
$6,815
$7,047
$7,279
$7,512
$7,744
$7,374
$7,626
$7,877
$8,129
$8,380
CITY COUNCIL LETTER
Meeting of: March 9, 2015
AGENDA SECTION: CONSENT
ORIGINATING DEPARTMENT:
CITY MANAGER'S
NO: 7F
CITY MANAGER'S
APPROVAL
ITEM: ADOPTING 2015 -2016 SALARY & FRINGE
BY: KELLI BOURGEOIS
BY:
BENEFIT ADJUSTMENT FOR NON -UNION
DATE: 3 -5 -15
DATE:
ESSENTIAL AND CONFIDENTIAL EMPLOYEES
NO:
Attached is a resolution and schedule reflecting proposed salary and fringe benefit
adjustments for non -union essential and confidential employees. The proposed changes are
as follows:
Wages:
2015: 2.25% adjustment over 2014, effective January 1, 2015
2016: 2.5% adjustment over 2015, effective January 1, 2016
Insurance•
$865 per month City contribution to premiums for 2015 and 2016 (no change from 2014).
2016: $30 per month City contribution into a city designated health savings account for all
full time employees enrolled in an IRS qualified high deductible health plan.
Deferred Compensation: As a form of additional compensation, the City will contribute $1
per full -time employee toward a city- sponsored deferred compensation program for every $1
contributed by such employee toward such city- sponsored deferred compensation program.
Such employer contribution will not exceed $575 for calendar years 2015 and 2016. (2014=
$575)
Attached is a resolution which would adopt and establish the changes. Also attached is a
copy of the wage schedules and benefit changes.
RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies
available to the public.
RECOMMENDED MOTION: Move to adopt Resolution 2015 -24, adopting changes in non -union group
salary ranges, and establishing salaries and changes in fringe benefits for non - unionized
essential and confidential City positions for calendar years 2015 and 2016.
COUNCIL ACTION:
RESOLUTION 2015 -24
ADOPTING CHANGES IN NON -UNION ESSENTIAL AND CONFIDENTIAL
SALARY RANGES, ESTABLISHING SALARIES FOR NON - UNIONIZED
ESSENTIAL AND CONFIDENTIAL POSITIONS, AND
CHANGES IN FRINGE BENEFITS
WHEREAS, the City of Columbia Heights adopted a Wage Compensation Program for Non -
Unionized City Employees effective January 1, 1980 (Resolution 80 -47), which indicated that on
an annual basis changes will be adopted in Group Salary Ranges, and,
WHEREAS, the City of Columbia Heights adopted a Comparable Worth Implementation Plan
effective January 1, 1988 (Resolution 88 -50), to assure comparable compensation for positions
with comparable skills, effort, responsibilities, and working conditions, and proportional
compensation for positions where such factors are different; and,
WHEREAS, the City of Columbia Heights annually reviews the Employer's share for various
insurance programs and other benefits for its non - unionized essential and confidential employees
to compare what is provided to other employee groups in the City.
NOW THEREFORE, BE IT RESOLVED, that the City of Columbia Heights establishes
salary ranges and fringe benefits for non - unionized essential and confidential City positions, as
indicated on Schedule B which is on file in the office of the City Manager and is attached, for
calendar years 2015 and 2016; and that movement through the salary range is contingent upon
satisfactory performance of the employee.
Passed this 9th day of March, 2015.
Offered by:
Seconded by:
Roll Call:
Gary L. Peterson, Mayor
Katie Bruno
Council Secretary, City Clerk
SCHEDULE B
INSURANCE
The EMPLOYER will contribute up to a maximum of eight hundred and sixty -five dollars ($865) per month per
full -time employee for calendar years 2015 and 2016 for employee life insurance, group health insurance, and
dental insurance. Should the cost of such benefits be less than $865 per month, the difference may be used
toward any other City - provided insurance benefit and/or a City sponsored deferred compensation program.
Effective January 1, 2016 the EMPLOYER will contribute thirty dollars ($30) per month per full -time employee
into a City designated health savings account for all employees enrolled in an IRS qualified high deductible
health plan.
DEFERRED COMPENSATION
As a form of additional compensation, the City will contribute $1 per full -time employee toward a city- sponsored
deferred compensation program for every $1 contributed by such employee toward such city- sponsored deferred
compensation program. Such employer contribution will not exceed $575 for calendar years 2015 and 2016.
SCHEDULE B
2015 Monthly Salary Schedule
Effective January 1, 2015
2.25
Payroll Accountant
Administrative Assistant -Human Resources
City Clerk
Assistant Fire Chief
Police Captain
Assistant to the City Manager /HR Director
Entry
6 Months
1 Year
2 Years
3 Years
$4,175
$4,317
$4,459
$4,602
$4,744
$4,175
$4,317
$4,459
$4,602
$4,744
$4,404
$4,554
$4,704
$4,854
$5,004
$6,268
$6,482
$6,696
$6,909
$7,123
$6,724
$6,953
$7,183
$7,412
$7,641
$7,351
$7,601
$7,852
$8,102
$8,353
2016 Monthly Salary Schedule
Effective January 1, 2016
2.5% Increase
Payroll Accountant
Administrative Assistant -Human Resources
City Clerk
Assistant Fire Chief
Police Captain
Assistant to the City Manager /HR Director
Entry
6 Months
1 Year
2 Years
$4,279
$4,425
$4,571
$4,717
$4,279
$4,425
$4,571
$4,717
$4,514
$4,667
$4,821
$4,975
$6,425
$6,644
$6,863
$7,082
$6,892
$7,127
$7,362
$7,597
$7,535
$7,791
$8,048
$8,305
2 V,
$4,863
$4,863
$5,129
$7,301
$7,832
$8,562
CITY COUNCIL LETTER
Meeting of March 9, 2015
AGENDA SECTION: Consent
ORIGINATING DEPARTMENT
CITY MANAGER
NO,
POLICE I
APPROVAL:
ITEM: Authorization to Purchase Police Vehicles
BY: Scott Nadeau i
BY:
NO.
DATE March 3`�, 2015
DATE:
BACKGROUND
As a part of the Police Department Capital Equipment replacement plan to maintain a safe and dependable
vehicle fleet, the Police Department requests authorization to purchase two Ford Police Interceptor patrol
vehicles. The purchase of two marked squad cars per year allows the department to keep the fleet in better
working order, and aids in controlling costs on replacement parts. This also allows the marked squads to be
rotated out of the police fleet after four years of service and rotated into another department in the city, who
in turn get a better operating vehicle for conventional uses. In addition, the police department is requesting
authorization to purchase one 2015 Dodge Charger from the State Vehicle Contract. The vehicle scheduled
for replacement is a 2002 Ford Taurus with over 80,000 miles on it. The Dodge Charger will be utilized as an
unmarked vehicle, and for special details which will include proactively addressing crime and disorder hot
spots.
The State of Minnesota has awarded the contract for the delivery of Ford police vehicles to Nelson Auto
Center of Fergus Falls, MN. The 2015 contract for Dodge has not been awarded at this time and prices are
estimated.
The Police Department is requesting to purchase the following vehicles:
2 — 2015116 Ford Police Interceptor Utility vehicles (incl options) $52,809,90
1— 2015 Dodge Charger .Police Package (inel options) $25,267.00
Total: $78,07690
The Police Department is also requesting to expend up to $51,854.00 for outfitting and setting up these
vehicles for police use. This amount includes the standard set -up as has been done in the past, plus the
purchase of necessary equipment for the squads including laptop computers. This is the amount that was
budgeted in the Police Departments 2015 Capital Equipment budget.
ANALYSISICONCLUSION
It is our recommendation to the Council. that new marked patrol vehicles, and an unmarked police vehicle, be
purchased, with a total purchase price to be $78,076.90. The Police Department is also requesting
authorization to expend up to $51,854.00 for outfitting and setting up these vehicles.
RECOMMENDED MOTIONS
MOTION: Move to authorize the purchase of two 2015 Ford Police Interceptor Utility vehicles and one
2015 Dodge Charger unmarked vehicle under the State of Minnesota bid, with funding to come from
431.42100.5150, in the amount of $78,076.90 and that the Mayor and City Manager are authorized to enter
into a contract for same. These vehicles will be used as marked patrol cars and unmarked police vehicles.
MOTION: Move to authorize the Police Chief to expend up to $51,854.00 to set up and outfit two marked
patrol cars.
COUNCIL ACTION:
Council Letter re Vehicle Purchase
Meeting of March 09, 2015
Page 2
2015 Squad Purchase
Item
Est Price
Ext.
Item
Est Price
Total
Ford Interceptor Utility
$25,562.95
$51,125.90
Strip Out Old Squad
$500.00
$1,500.00
Dodge Charger Police
$25,000.00
$25,000.00
Build New Squads
$4,500.00
$13,500.00
Dlr Options Ford
$842.00
$1,684.00
Recessed Cage
$689.00
$2,067.00
Dir Options Dodge
$267.00
$267.00
Shop Supplies
$350.00
$1,050.00
Sub total
$78,076.90
Grill lights
$400.00
$1,200.00
Ford dealer option breakdown
Tomar siren box
$800.00
$2,400.00
Dark car feature
$
17.00
Console
$389.00
$1,167.00
Rear view camera
Computer mount
$325.00
$975.00
LED Spotlight
$
345.00
dock station for cf31
$500.00
$1,500.00
Keying
$
45.00
arm rests
$120.00
$360.00
Radio Supression
$
$7.00
Secondary cage for SUV
$500.00
$1,000.00
Window Switches
$
30.00
Window bars /door covers
$600.00
$1,800.00
Light Housing Pre - Drilled
$
110.00
Push Bumpers
$350.00
$700.00
rear dome light
$
45.00
console base plate
$120.00
$360.00
heated outside mirrors
$
53.00
Utility Cargo Organizer
$1,000.00
$2,000.00
delete carpet
$
(103.00)
Power Tamers
$125.00
$375.00
Seat Covers
$600.00
$1,800.00
Dodge LED Spotlight
$
267.00
Squad Graphics
$1,000.00
$3,000.00
Light Bar /lighting package
$2,000.00
$6,000.00
CF 31 Toughbooks
$4,550.00
$9,100.00
Sub Total
$42,754.00
Sub Total
$9,100.00
Total $129,930.90
Staff has been working with the project consultant, Stantec Consulting Services, in the development of a
new splash pad to replace the wading pool at Huset Park. A primary focus of staff in the project
development is cost management; with the intent of maximizing features and content in the splash pad
while staying within the project budget of $400,000. One example is that City engineering staff has
conducted the topographic survey to be used by the consultant in design, as opposed to a consultant
survey crew. Another consideration is that Public Works staff would perform the removal of the existing
wading pool, concrete deck, pool pump building and appurtenances, and rough grade the site in
anticipation of construction. Based upon our own work schedule, we would schedule this work early in
the spring once the frost has left the ground.
The splash pad project was presented and discussed at the February 25'h Park and Recreation Commission
meeting, who recommended to the City Council to remove the Huset Park wading pool using City staff.
The Commission supported the approach of Public Works involvement which will help maximize funding
for splash pad equipment and installation.
Recommended Motion: Authorize staff to remove the existing wading pool at Huset Park West, based
upon a recommendation by the Park and Recreation Commission.
COUNCIL ACTION:
CITY COUNCIL LETTER
Meeting of. March 9, 2015
AGENDA SECTION:
ORIGINATING DEPT.:
CITY MANAGER
NO:
License Department
APPROVAL
ITEM: License Agenda
BY: Shelley Hanson
DATE:
NO:
DATE: March 4, 2015
BY:
BACKGROUND /ANALYSIS
Attached is the business license agenda for the March 9, 2015 Council meeting. This agenda consists of
applications for 2015 Contractor Licenses.
At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied
Application. This means that the data privacy form has been submitted as required. If not submitted,
certain information cannot be released to the public.
RECOMMENDED MOTION:
Move to approve the items as listed on the business license agenda for March 9, 2015 as presented.
COUNCIL ACTION:
TO CITY COUNCIL March 9, 2015
*Signed Waiver Form Accompanied Application
CONTRACTOR'S LICENSES -2015
BLDG *Air Comfort Htg & AC
19170 Jasper St NW, Anoka
$60
*Practical Systems
4342B Shady Oak Rd, Hopkins
$60
*Chet's Shoes Inc
4357 Central Ave, Col. Hts.
$60
*Master Plumbing Sery LLC PO Box 2451, Inver Grove Hts
$60
Avid Htg & Cooling
7700 County Rd 110W, Minnetrista
$60
*Neil Heating & AC
PO Box 29292, Mpls
$60
*Legacy Mechanical
114 Thomas Ave, Monticello
$60
*River City Sheet Metal
8290 Main St, Fridley
$60
Minke Plumbing
2629 Crestview Rd, Harris
$60
*Sayler Htg & AC
6800 W. Lk St, St Louis Pk
$60
*Kraemer Htg
7441 Dallas Crt N, Maple Grove
$60
*Precision Landscape & Tree 50 s Owasso Blvd, Little Canada
$60
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CITY COUNCIL LETTER
AGENDA SECTION: Public Hearing
ORIGINATING DEPARTMENT
- 1,XCU 1,,11 7, GV 1 .i
CITY MANAGER
NO.
POLICE
APPROVAL:
ITEM: Public Hearing: Repeat Nuisance Call
BY: Scott Nadeau
BY:
Service Fee Appeal
DATE: March 3, 2015
DATE:
BACKGROUND:
Holly Reinke, the owner of 723 38th Avenue, has requested a hearing to dispute the Nuisance Call for
Service Fee that was imposed on her regarding activities at that address. See the attached memo for
detailed information regarding the issues at that address. Ms. Reinke's appeal letter is also attached.
ANALYSIS /CONCLUSION:
After three violations that met the requirements of the Nuisance Call Service Fee ordinance, a fee of
$1,971.07 was imposed on the owner of 723 38th Avenue, Holly Reinke. She is contesting this fee.
RECOMMENDED MOTION:
MOTION: Move to uphold the $1,971.07 Nuisance Call for Service Fee imposed on Holly Reinke,
owner of 723 38th Avenue NE.
COLUMBIA
POLICE DEPARTMENT
r
�MBIA HEIG
MEMORANDUM
To: Gary Peterson, Mayor
Members of the Columbia Heights City Council
From: Scott Nadeau, Chief of Police
Subject: Repeat Nuisance Call Service Fee Appeal: Holly Reinke
Date: March 2, 2015
On February 23, 2015, the City of Columbia Heights received a notification from Holly Reinke, the owner of
723 38'h Avenue, advising the city that she is requesting to appeal the nuisance call for service fee to her
property that occurred on February 5, 2015.
As the Council may recall, Ms. Reinke requested an appeal for the last nuisance call for service fee from an
incident involving a narcotics search warrant that was executed on July 29, 2014. The appeal was scheduled
to take place at the October 27, 2014 Council Meeting. The police department attended that meeting and
presented information regarding the incident; however Ms. Reinke was not present for her appeal. In
consideration that the first three incidents, to include the incident that generated the last nuisance call for
service fee were previously reviewed, it is the police department's intention to only discuss this most recent
incident.
Ms. Reinke does not live at the location, but her son, Joel Callander is currently living at this address. The
nuisance call for service fee was a result of a narcotics search warrant on February 5, 2015 involving the
Anoka County SWAT Team, Anoka Hennepin Drug and Violent Crimes Task Force, and the Columbia
Heights Police Department. The nuisance call for service fee along with additional fees to cover employee
wages for this incident was imposed for this incident. Below is a breakdown of the total fees:
Nuisance Call for Service Fee: $250.00
Wages of CHPD Staff: $1721.07
Total: $1,971.07
I have enclosed a copy of the Repeat Nuisance Call Service Fee Ordinance for your review. The ordinance
states that the City may impose a repeat nuisance service call fee upon the owner and /or occupant of a private
property if the city has rendered services or responded to the property on three or more occasions within a
period of 365 days in response to or for the abatement of nuisance misconduct. Nuisance misconduct is
defined as any activity, conduct, or condition occurring upon private property within the City that
unreasonably annoys, injures, or endangers the safety, health, morals, comfort or repose of any member of
the public; or will, or tend to, alarm, anger or disturb others or provoke breach of the peace, to which the City
is required to respond, including, but not limited to the following:
• An activity, conduct, or condition deemed as a public nuisance under any provision of the City Code.
• Any activity, conduct, or condition in violation of Minnesota State Statute 609.33
• Any conduct, activity or condition constituting a violation of any Minnesota state law prohibiting or
regulating prostitution, gambling, controlled substances, use of firearms; and /or
• Any conduct, activity, or condition constituting disorderly conduct under Chapter 609 of Minnesota
statutes.
Below is information regarding the incident resulting in this recent Repeat Nuisance Call for Service
Violation:
• On 02/0512015, at 9 :00 pm, CHPD Officers assisted the Anoka Hennepin Drug and Violent Crimes
Task Force, and Anoka County SWAT with a narcotics search warrant at 723 38th Avenue NE.
• Several pieces of drug paraphernalia with residue were found at the scene and later tested positive for
rnethamphetamine.
• A small bag containing white powder which later tested positive for rnethamphetamine was recovered
in Mr. Callander's bedroom.
• A bag containing 25 grams of marijuana was found in a main floor bedroom.
• Joel Callander and a female identified as Jessica Pearson were taken into custody and charges will be
submitted for Fifth Degree Controlled Substance.
• Another male identified as Alexander Godfrey was cited for possession of a small amount of
marijuana and was released at the scene.
Enclosed are photos showing the condition of the inside of the residence at the time of the search warrant.
The Columbia Heights Police Department has continued to receive a disproportionate number of police
related calls to 723 38th Avenue. As of 03/02/2015, the CHPD has already responded to four calls involving
this address. In 2014, the CHPD responded to 33 different calls involving this address in 2014. In 2013,
there were five calls to the residence, and in 2012, there were a total of six calls at the residence.
The Police Department has continued to spend a considerable amount of hours of officer activity in the area
which has included directed patrol, assistance from other law enforcement agencies, and surveillance in the
area.
The Columbia Heights Police Department has continued to work with Anoka County Social Services and
have met with representatives on multiple occasions to discuss concerns about the residents at the property.
The owner, Ms. Reinke, and the resident of the property, Mr. Callander has been charged with Disorderly
House as a result of this recent incident. This is the second time that both Ms. Reinke and Mr. Callander
have been charged with Disorderly House.
The persons who have been living at, or have been found on the property have had a significant amount of
criminal history to include but not limited to drug possession, drug sales, and crimes of violence. The drug
use and drug activity that has been occurring at this property has been a concern for the neighborhood and
the police department for a long time. The CHPD will continue to address the criminal and nuisance issues
that involve 723 38th Avenue.
cc: Walt Fehst, City Manager
Columbia Heights Police Department
Scott Nadeau, Chief of Police
February 11, 2015
Holly Reinke
3 731 Quincy Street NE
Columbia Heights, MN 55421
Subject. Repeat Nuisance Call Service Fee Violation — 4th Call
Dear Property Owner:
Our city records show that you own the property located at: 723 38" Ave NE
Columbia Heights MN 55421
eyr.
This letter is to inform you that the City of Columbia Heights Police Department has responded to
the above address where a fourth service call involving nuisance misconduct has occurred within a
period of 365 days. The specifics of that call are outlined below:
Fourth Violation —
• Case number: 15024973
• Date and Time of Incident: February 5, 2015 at 9 :30 p.m.
• Address, including apt #: 723 38th Ave NE
• Name of tenant(s): Callander, Joel Lee
• Misconduct involved: Narcotics search warrant
•
Third Violation —
• Case number: 14161240
• Date and Time of Incident: July 29, 2014 at 9:36 p.m.
• Address, including apt #: 723 38th Ave NE
• Name of tenant(s): Callander, Joel/Cohen, Michelle Jean
• Misconduct involved: Narcotics search warrant
• Date of notification: August 4, 2014
Second Violation —
• Case number: 14131353
• Date and time of incident: June 22, 2014 at 1:49 p.m.
• Address, including apt #: 723 38th Ave NE
• Name of tenant(s): Callander, Joel /Johnson, Dylan/Bates, Jason
• Misconduct involved: Assault Disturbance
• Date of notification: June 26, 2014
825 41" Ave NE Columbia Heights, MN 55421 (763) 706 -8100 f (763) 706 -8126
Holly Reinke
February 11, 2015
Page two
First Violation —
Case number: 14111028
Date and time of incident: May 29, 2014 at 9:3 8 a.m.
• Address, including apartment: 723 38th Avenue NE
• Name of Tenant(s): Wesley John Hammick, Natasha Lee Robinson, Troy Carlton Donich#
Tiffani Marie Draves, Joel Lee Callander
Misconduct involved: 5th Degree Controlled Substance Arrest
Date of notification: June 5, 2014
A copy of City of Columbia Heights Ordinance No. 1568 is attached. The Ordinance states that
the City may impose a repeat nuisance service call fee of $250 upon the owner and/or occupant
of a private property if the City has rendered services or responded to the property on three or
more occasions within a period of 365 days in response to or for the abatement of nuisance
conduct. In addition, the repeat nuisance service call fee can include an amount to reflect the
salaries of police officers, community service officers, animal control and/or code enforcement
officers while responding to or remaining at the nuisance event, the pro rata cost of equipment,
the cost of repairing city equipment and property damaged as a result of the nuisance call, and
the cost of any medical treatment of injured officers. The City of Columbia Heights has the right
to seek other legal remedies or actions for abatement of the nuisance or compliance with the law.
Because this is the fourth violation to occur within a period of 365 days, we have now imposed a
service fee of $250.00 plus Officer Wage. Billing is attached. The fee will be deemed
delinquent if it is not paid within 30 days after the City mails the billing statement for the fee.
The City will add a ten percent late penalty to a delinquent payment. See Section 8.806 of
Ordinance No. 1568 for conditions that apply to your right to appeal.
If you have any questions, please call me at 763 -706 -8113.
Captain
cc: Joel Callander, 723 38th Ave NE, Columbia Heights, MN 55421
Attachment: Invoice
Ordinance No. 1568
City of Columbia Heights
Police Department
825 41st Ave NE
Columbia Heights, MN 55421 -3878
Phone (763) 706 -8100 Fax (763) 706 -8126
BILL TO:
Holly Reinke
3731 Quincy Street NE
Columbia Heights, MN 55421
INVOICE
DATE: 2/6/2015
PROJECT # 2015 -MS -30 -007
LOCATION OF SERVICE:
723 38th Avenue NE
PIN #: 35- 30 -24 -44 -0035
DATE
SERVICE DESCRIPTION
AMOUNT
2/5/15
2/5/15
REPEAT NUISANCE CALL SERVICE FEE
OFFICER SALARIES
$ 250.00
1,721.07
TOTAL (Including all applicable sales tax) $ 1,971.07
For Office Use Only:
Reference: CHPD Case # 15024973
Account #: 101 -00 -35106 Excessive Police Calls
i
I
Internal use only: Prep/ Investigative:
Sgt 1.25 hr @ $40.34 = $ 50.43 Sgt 8 hrs @ $40.34 = 322.72
Officers 7.75 hrs @ $33.91 = 262.80 Officers 32 hrs @ $33.91 = 1,085.12
Total Salaries 1.721.07
CITY COUNCIL LETTER
Meeting of: March 9, 2015
AGENDA SECTION:
ORIGINATING DEPT.:
CITY MANAGER
NO: 8. Public Hearings, Number 3.
Community Development
APPROVAL
ITEM: Ordinance No. 1620 On -Sale Brewer
BY: Loren Wickham
BY:
Taproom and Off -Sale Brewer Taproom
DATE: March 4, 2015
Licenses and Requirements
Background:
In 2011 the legislature approved the "Surly Bill" that permitted cities to license brewer /taprooms and subsequent
amendments allowed cities with municipal liquor operations to license them. They have become very popular in
NE Minneapolis and we would like to attract some of that momentum to Columbia Heights. See attached map
for the brewery /taprooms and brewpubs in the surrounding area. I've also included examples of some of the
brewery /taprooms and brewpubs. From an Economic and Redevelopment perspective these are local
manufacturing businesses that reuse existing buildings, create jobs and are a destination that attract people to the
city.
Staff brought this issue to the Council Workshop in January for feedback. Based on that feedback and research
staff has prepared an ordinance amendment to add the following licenses:
• On -Sale brewer /taproom,(nothing in this provision would preclude them from operating a restaurant
commonly referred to as a Brewpub)
• Off -sale brewer /taproom, (allows brewers to sell their beer off -sale to the public in growlers)
If the ordinance is adopted staff will prepare a resolution to amend the fee schedule to add license fees for On-
Sale brewer /taproom and off -sale brewer /taproom licenses at an upcoming meeting.
Recommendation: Staff recommends adoption of Ordinance No. 1620 as written.
Recommended Motion:
Motion: Move to waive the reading there being ample copies available to the public.
Motion: Move to approve the ordinance upon first reading and set the second reading for Monday March 23,
2015 at approximately 7:00pm in the City Council Chambers.
Attachments: Ordinance No. 1620
Minnesota Brewery Map
Examples of Brewer /Taprooms in the surrounding area
COUNCIL ACTION:
ORDINANCE NO. 1620
BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF
2005 RELATING TO ON -SALE BREWER TAPROOM AND OFF -SALE BREWER
TAPROOM LICENSES AND REQUIREMENTS WITHIN THE CITY OF COLUMBIA
HEIGHTS
The City of Columbia Heights does ordain:
Chapter 5, Article 5, Section 5.501 of the Columbia Heights City Code, is proposed to
include the following additions:
§ 5.501 DEFINITIONS.
Brewer taproom: a facility on or adjacent to premises owned by a brewer
licensed under Minn. Statute section 340A.301, Subd. 6(c), (i) or 0) and produces less than two
hundred fifty thousand (250,000) barrels of malt liquor annually, and where the on -sale and
consumption of malt liquor produced by the brewer is permitted pursuant to
Minn. Statute section 340A.301, Subd. 6(b).
Chapter 5, Article 5, Section 5.502 of the Columbia Heights City Code, is proposed to
include the following additions:
5.502.A On -sale brewer taproom
(a) A brewer licensed under Minnesota Statute Section 340A.301, Subd. 6(c), (i), or 0) may be issued
an on -sale liquor license for the "on sale" of malt liquor subject to the following conditions:
(1) The on -sale of malt liquor may only be made during the days and hours that "on-
sale" of liquor may be made.
(2) A brewer may only hold one (1) brewer taproom license under this chapter.
(3) The only beverage alcohol that may be sold or consumed on the premises of a
brewery taproom will be the malt liquor produced by the brewer.
(4) All other provisions of this chapter shall be applicable unless inconsistent with the
provisions of this section.
(5) The annual license fee shall be as established in the license fee schedule for on
sale beer licenses.
(6) Licensed brewer taprooms may operate a restaurant on the premises without
additional licensure
Chapter 5, Article 5, Section 5.502 of the Columbia Heights City Code, is proposed to
include the following additions:
4 5.502.B Off -sale brewer taproom
(a) A brewer licensed under Minnesota Statute 340A.301, Subdivision 6(d), (i), or 0) maybe
licensed for the 'off- sale" of malt liquor produced and packaged on the licensed premises,
subject to the following conditions:
(1) Off -sale of malt liquor may only be made during the hours that 'off- sale" of liquor
may be made;
(2) The malt liquor shall be packaged in sixty- four -ounce containers commonly
known as "growlers" or in seven hundred fifty (750) milliliter bottles;
(3) The malt liquor sold at "off- sale" must be removed from the licensed premise
before the applicable closing time at exclusive liquor stores;
(4) The "growler" must be sealed in such a manner that the seal must be broken in
order to open the container and the seal must bear the name and address of the
brewer, and the legend "Not for Consumption in Public" must be prominently
displayed on the seal.
(b) "Off- sale" malt liquor premises shall not be subject to the requirement that they be in excess
of two thousand (2,000) feet from another 'off- sale" liquor premise.
(c) The annual license fee shall be as listed in the License Fee Schedule
This ordinance shall be in full force and effect from and after 30 days after its
passage.
First Reading: March 9, 2015
Second Reading: March 23, 2015
Date of Passage:
Offered by:
Seconded by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Katie Bruno
City Clerk/Council Secretary
MINNESOTA BREWERY MAP
CITY COUNCIL LETTER
Meeting of. March 9, 2015
AGENDA SECTION:
ORIGINATING DEPT.:
CITY MANAGER
NO: Public Hearing
Community Development
APPROVAL
ITEM: Ordinance No. 1621 Medical Marijuana
BY: Joe Hogeboom
BY:
Manufacturing and Dispensaries
DATE: February 19, 2015
Moratorium
Background: The State of Minnesota, through the passage of the Medical Cannabis Therapeutic Research Act
of 2014, has legalized certain types of medicinal marijuana, effective July 15, 2015. Currently, only individuals
with very serious diseases will be eligible to be prescribed medical marijuana. More information about medical
marijuana, obtained from the Minnesota Department of Health, is attached.
Coinciding with the passage of the Medical Cannabis Therapeutic Research Act of 2014, the state will allow
certain establishments to manufacture and dispense medical marijuana. The state currently limits the number of
manufactures, which includes cannabis farmers as well as medical manufacturing facilities, to a total of eight,
which must be evenly dispersed throughout the state.
The number of medical marijuana dispensaries (where medical marijuana is sold to doctor - prescribed patients) is
not limited by the state. However, dispensaries cannot be associated with existing healthcare operations.
Dispensaries also cannot be located near K -12 schools.
Because medical marijuana manufacturing and distribution is a new land use in Minnesota, it is necessary for the
City to study the use and determine proper zoning and land use controls. This proposed moratorium, which is
proposed to be effective for one year, will allow staff time to study the use and make a recommendation for an
amendment to City Code to regulate it.
Recommendation: Staff recommends Ordinance No. 1621 as written with the knowledge that this document
has been reviewed and approved for language by the City Attorney.
Recommended Motion:
MOTION: Move to waive the reading of Ordinance No. 1621, there being an ample amount of copies available to the
public.
MOTION: Move to approve Ordinance No. 1621 upon first reading and set the second reading for Monday, March
23, 2015 at approximately 7 pm in the City Council Chambers.
Attachments: MDH Frequently Asked Questions Page, Ordinance No. 1621
COUNCIL ACTION:
ORDINANCE NO. 1621
BEING AN INTERIM ORDINANCE IMPOSING A MORATORIUM ON MEDICAL
CANNIBIS OR MARIJUANA MANUFACTURING AND DISTRIBUTION
FACILITIES PENDING COMPLETION OF A PLANNING STUDY ASSESSING THE
NEED FOR AN AMENDMENT TO THE CITY OF COLUMBIA HEIGHTS'
OFFICIAL CONTROLS
Section 1:
WHEREAS, the State of Minnesota, through its passage of 2014 Session Laws, Chapter
311, §§ 1 -22, the Medical Cannabis Therapeutic Research Act of 2014 (the "Act "),
Minnesota's fist law authorizing and regulating the use, manufacturing and distribution of
medical marijuana in the forms of pills, liquids and oils; and
WHEREAS, medical marijuana manufacturing and distribution facilities represent a new
land use not presently addressed in the City's official controls and never previously
studied by the City; and
WHEREAS, the Act requires that approved manufacturers operate a total of eight
distribution facilities, evenly dispersed throughout the state; and
WHEREAS, the Act prohibits dispensaries near schools and co- location with healthcare
practitioners, but does not preclude the City from placing additional location limitations
or regulatory requirements on medical marijuana manufacturing and distribution
facilities; and
WHEREAS, to protect the health, safety and welfare of the citizens of Columbia
Heights, City staff must study the need for amendments or additions to the City's official
controls to address medical marijuana manufacturing and distribution
Section 2:
The City of Columbia Heights does ordain:
A moratorium shall be placed on any and all medical marijuana manufacturing and
distribution facilities. For the duration stated herein and until the City has completed a
study of the need for amendments or additions to the City's official controls to protect the
public health, safety and welfare, the City shall not accept, issue or process any
application for use of real property anywhere in the City for the purpose of a medical
marijuana manufacturing or distribution centers.
This moratorium shall apply, without limitation, to comprehensive land use plan
amendments, requests for rezoning, subdivisions, variances, conditional use permits, site
plan review applications and building permits for the construction or operation of medical
marijuana manufacturing or distribution centers.
During the period of this moratorium, City staff will conduct a study of the official
controls, including appropriate permitting, licensing, land use controls and development
standards that may need to be adopted or revised to protect the public health, safety and
welfare of the citizens.
Section 3:
This ordinance shall be in full force and effect from and after 30 days after its passage,
and without further action from the City Council, throughout one year from its effective
date.
The duration of the moratorium established under this Section may be extended by
adoption of an amendment hereto for a total time not to exceed the limits set forth in
Minnesota Statutes Section 462.355, subd. 4, as amended from time to time.
First Reading: March 9, 2015
Second Reading: March 23, 2015
Date of Passage:
Offered by:
Seconded by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Katie Bruno
Council Secretary /City Clerk
General Information about the Minnesota Medical Cannabis Program - Minnesota Dept. o... Pagel of 2
{http: / /www.health.state.mn.us /index html)
Minnesota Department of Health
General Information about the Minnesota Medical Cannabis Program
Legislation passed during the 2014 Minnesota legislative session created a new process allowing seriously
ill Minnesotans to use medical cannabis to treat certain conditions. Medical cannabis will not be available
via a pharmacy through a prescription from a doctor. Instead, patients with one of the qualifying conditions
(see list below) will be eligible to enroll in a patient registry maintained by the State. Patients on this
registry will be able to get medical cannabis directly from one of eight dispensaries set up around the state.
Step 1:
LATE SPRING 2015
Minnesotans with qualified medical conditions receive certification from a Minnesota - licensed health care
practitioner and submit applications to the Minnesota Department of Health.
Step 2:
LATE SPRING 2015
After receipt of applications, the Commissioner of Health enrolls patients in the registry program and
issues registry verifications.
Step 3:
STARTING IN JULY 2015
Minnesotans on the patient registry eligible to purchase medical cannabis once it becomes available at
distribution facilities set up by medical cannabis manufacturers.
Who will be able to use medical cannabis?
Medical cannabis will be available to Minnesota residents whose health care provider certifies them to be
suffering from conditions including:
• Cancer associated with severe /chronic pain, nausea or
severe vomiting, or cachexia or severe wasting.
• Glaucoma.
• HIV /AIDS.
• Tourette's Syndrome.
• Amyotrophic Lateral Sclerosis (ALS).
• Seizures, including those characteristic of epilepsy.
• Severe and persistent muscle spasms, including those characteristic of multiple sclerosis.
• Crohn's Disease.
• Terminal illness, with a life expectancy of less than one year, if the illness or treatment produces
severe /chronic pain, nausea or severe vomiting, cachexia or severe wasting.
The bill directs the Commissioner of Health to consider the addition of other conditions, particularly
intractable pain (as defined in statute) by July 1, 2016.
When will medical cannabis become available?
The Commissioner will require selected manufacturers to supply medical cannabis products to patients by
July 1, 2015. The legislation provides for a six -month extension of this deadline if the state or the
manufacturers encounter delays.
Will people in bordering states be eligible to participate in the program?
http: / /www.health. state.mn. us /topics /cannabis /overview /factsheet.html 2/19/2015
General Information about the Minnesota Medical Cannabis Program - Minnesota Dept. o... Page 2 of 2
No. Minnesota's legislation restricts eligibility to Minnesota residents and Minnesota - licensed health care
practitioners.
How much will patients pay to participate in the program?
Patients will pay a yet- to -be- determined price for medical cannabis products provided by the
manufacturers. In addition, most registered patients will pay an annual fee of $200 to participate in the
program. There is a reduced annual fee of $50 for Minnesotans receiving Social Security disability,
Supplemental Security Insurance payments or enrolled in medical assistance or MinnesotaCare.
Where will the medical cannabis distribution centers be located?
Each of the two registered manufacturers will set up four distribution facilities around the state, for a total
of eight. No specific locations have been identified yet, but facilities will be located based on geographic
need and to improve patient access.
In what forms will medical cannabis be made available?
Medical cannabis will be provided to patients as a liquid, pill or vaporized delivery method that does not
require the use of dried leaves or plant form.
How will the state track the effectiveness and safety of medical cannabis?
With regard to safety and security, there are a number of precautions built into the program. For example,
registered manufacturers must contract with a laboratory for testing the quality and consistency of the
medical cannabis products. Manufacturers' facilities are also subject to state inspection.
With regard to effectiveness, one important feature of the program is a process for monitoring and
evaluating the health impacts experienced by patients taking medical cannabis. This information will help
patients and health professionals build their understanding of the benefits, risks and side effects of medical
cannabis.
651 -201 -5000 Phone
888 - 345 -0823 Toll -free
Information on this website is available in alternative formats to individuals with disabilities upon request.
Updated Monday, December 01, 2014 at 07:59AM
http: //w Av.health.state.mn.us/ topics / cannabis /overview /factsheet.html 2/1 9/2015
COLUMBIA HEIGHTS CITY COUNCIL LETTER
Meetina of March 9 2015
AGENDA SECTION: Public Hearings
ORIGINATING DEPARTMENT:
CITY MANAGER'S
NO:
Community Development
APPROVAL
ITEM: Approve Conditional Use Permit for the
BY: Elizabeth Holmbeck
BY:
property located at 4340 Central Avenue NE.
DATE: March 5, 2015
BACKGROUND:
Leslie Delisi, representing Frattallone's Ace Hardware, is seeking a Conditional Use Permit (CUP) that would
allow outdoor garden sales in the parking lot of the Columbia Heights Value Center (4340 Central Avenue
NE). The Columbia Heights Ace Hardware store applied for an Interim Use Permit (temporary) to operate its
first outdoor garden sale last spring. This year the store is applying for a CUP, which will run with the property
and allow for outdoor sales throughout the year, without the need to apply in the future. The property is guided
for commercial use in the Comprehensive Plan, and is located in the General Business Zoning District.
Outdoor Sales are permitted on the site with a Conditional Use Permit per code Section 9.110 (E) (3) (i).
RECOMMENDATION:
The Planning and Zoning Commission held a Public Hearing on March 3, 2015 and has found that the
request satisfies requirements for Conditional Use Permits in the Zoning Code. The Planning and Zoning
Commission recommended approval of the CUP with a unanimous vote, subject to the following
conditions:
I . The nature of the use associated with this facility shall be limited to seasonal sales.
2. Outdoor agricultural /produce sales located within the public right -of -way are prohibited.
3. Outdoor storage and display under the canopy along the building storefront is prohibited.
4. All goods shall be displayed in an orderly fashion, with access aisles provided as needed.
5. Music or amplified sounds shall not be audible from adjacent residential properties.
6. Signage shall be limited to (2) professionally made signs per structure, not exceeding thirty -two (32)
square feet per sign.
7. The outdoor storage shall be located as indicated on the site plan
8. If parking becomes an issue the applicant shall submit a transportation plan to staff to address
parking alternatives.
RECOMMENDED MOTIONS:
Motion: Move to waive the reading of Resolution No. 2015 -20, there being ample copies available to the
public.
Motion: Move to adopt Resolution No. 2015 -20, being a resolution approving a Conditional Use Permit,
for the property located at 4340 Central Ave. NE., 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.
Attachments: Resolution 2015 -20, Planning Report, Location Map, Application, Applicant's Narrative, Site
Plans
COUNCIL ACTION:
RESOLUTION NO. 2015-20
RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR SEASONAL
OUTDOOR SALES AT FRATTALLONE'S ACE HARDWARE -4340 CENTRAL AVE.
NE. COLUMBIA HEIGHTS
WHEREAS, a proposal (Case #2015 -0301) has been submitted by Leslie DeLisi, representing
Frattallone's Ace Hardware to the City Council requesting a Conditional Use Permit from the City of
Columbia Heights at the following site:
ADDRESS: 4340 Central Avenue
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING PERMIT: Conditional Use Permit for
seasonal outdoor sales.
WHEREAS, the Planning and Zoning Commission held a public hearing as required by the City
Zoning Code on March 3rd, 2015;
WHEREAS, the City Council has considered the advice and recommendations of the Planning and
Zoning Commission regarding the effect of the proposed site plan upon the health, safety, and
welfare of the community and its Comprehensive Plan, as well as any concerns related to
compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the
surrounding areas; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights
after reviewing the proposal, that the City Council accepts and adopts the following findings:
I. The use is one of the conditional uses listed for the zoning district in which the property is
located, or is a substantially similar use as determined by the Zoning Administrator.
2. The use is in harmony with the general purpose and intent of the Comprehensive Plan.
3. The use will not impose hazards or distributing influences on neighboring properties.
4. The use will not substantially diminish the use of property in the immediate vicinity.
5. The use will be designed, constructed, operated and maintained in a manner that is
compatible with the appearance of the existing or intended character of the surrounding area.
6. The use and property upon which the use is located are adequately served by essential public
facilities and services
7. Adequate measures have been or will be taken to minimize traffic congestion on the public
streets and to provide for appropriate on -site circulation of traffic.
8. The use will not cause a negative cumulative effect, when considered in conjunction with the
cumulative effect of other uses in the immediate vicinity.
9. The use complies with all other applicable regulations for the district in which it is located.
FURTHER, BE IT RESOLVED that the attached conditions, maps, and other information shall
become part of this permit and approval; and in granting this permit the city and the applicant
agree that this permit shall become null and void if the project has not been completed within one
(1) calendar year after the approval date, subject to petition for renewal of the permit.
CONDITIONS ATTACHED:
1. The nature of the use associated with this facility shall be limited to seasonal sales.
2. Outdoor agricultural /produce sales located within the public right -of -way are prohibited.
3. Outdoor storage and display under the canopy along the building storefront is prohibited.
4. All goods shall be displayed in an orderly fashion, with access aisles provided as needed.
5. Music or amplified sounds shall not be audible from adjacent residential properties.
6. Signage shall be limited to (2) professionally made signs per structure, not exceeding thirty -two
(32) square feet per sign.
7. The outdoor storage shall be located as indicated on the site plan
8. If parking becomes an issue the applicant shall submit a transportation plan to staff to address
parking alternatives.
Passed this 9th day of March 2015
Offered by:
Seconded by:
Roll Call:
Attest:
Katie Bruno
Council Secretary
Mayor Gary L. Peterson
CITY OF COLUMBIA HEIGHTS PLANNING REPORT
CASE NUMBER: 2015 -0301
DATE: February 18, 2015
TO: Columbia Heights Planning Commission
APPLICANT: Leslie Delisi, Frattallone's Ace Hardware
3527 Lexington Ave N
Arden Hills, MN 55126
LOCATION: 4340 Central Avenue NE
Columbia Heights, MN 55421
REQUEST: Conditional Use Permit for Outdoor Sales
PREPARED BY: Elizabeth Holmbeck, Associate Planner
INTRODUCTION
Leslie Delisi, representing Frattallone's Ace Hardware, is seeking a Conditional Use Permit (CUP)
that would allow outdoor garden sales in the parking lot of the Columbia Heights Value Center
(4340 Central Avenue NE). The Columbia Heights Ace Hardware store applied for an Interim Use
Permit (temporary) to operate its first outdoor garden sale last spring. This year the store is
applying for a CUP, which will run with the property and allow for outdoor sales throughout the
year, without the need to apply in the future. Outdoor Sales requires a Conditional Use Permit
per code Section 9.110 (E) (3) (i).
ZONING ORDINANCE
The property located at 4340 Central Ave. NE is located in the GB, General Business Zoning
District. Adjacent properties to the north and south are zoned LB, Limited Business and R -2A,
One and Two Family Residential. The properties to the east are zoned GB, General Business and
the properties to the west are zoned R -2A, One and Two Family Residential.
COMPREHENSIVE PLAN
The Comprehensive Plan guides this area as Commercial. Allowing seasonal outdoor sales is
consistent with the City's Comprehensive Plan.
City of Columbia Heights Planning Commission March 3, 2015
Frattallone's Ace Hardware- Conditional Use Permit Case # 2015 -0301
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.
Outdoor Sales or display is specifically listed as a Conditional Use in the General Business
(GB) Zoning District.
(b) The use is in harmony with the general purpose and intent of the Comprehensive Plan.
The Comprehensive Plan designates this area for Commercial use. The applicant will be
using the existing parking lot to operate seasonal outdoor sales, which is a compatible
use to the existing commercial uses in the Volu Center Mall.
(c) The use will not impose hazards or disturbing influences on neighboring properties.
The proposed use will not result in additional noise, odor or vibration and should not
disrupt neighboring properties.
(d) The use will not substantially diminish the use of property in the immediate vicinity.
The use of property in the immediate vicinity will not be diminished by adding seasonal
outdoor sales.
(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.
This is correct.
(f) The use and property upon which the use is located are adequately served by essential
public facilities and services.
This is correct.
(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.
The proposed outdoor soles display area is not anticipated to create traffic issues. At this
time the parking lot has ample space available to accommodate the outdoor seasonal
Page 2
City of Columbia Heights Planning Commission March 3, 2015
Frattallone's Ace Hardware- Conditional Use Permit Case # 2015 -0301
display area and provide plenty of parking for customers. If parking becomes an issue,
staff reserves the right to request a transportation plan from the applicant.
(h) The use will not cause a negative cumulative effect, when considered in conjunction with
the cumulative effect of other uses in the immediate vicinity.
There is no anticipated negative cumulative effect associated with the addition of the
outdoor sales display area.
(i) The use complies with all other applicable regulations for the district in which it is located.
This is correct.
RECOMMENDATION
Staff recommends approval of the proposed Conditional Use Permit for Seasonal Outdoor
Seasonal Sales at 4340 Central Ave NE.
Motion: The Planning Commission recommends that the City Council approve the Conditional
Use Permit for Seasonal Outdoor Sales located at 4340 Central Avenue NE 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:
1. The nature of the use associated with this facility shall be limited to seasonal sales.
2. Outdoor agricultural /produce sales located within the public right -of -way are prohibited.
3. Outdoor storage and display under the canopy along the building storefront is prohibited.
4. All goods shall be displayed in an orderly fashion, with access aisles provided as needed.
5. Music or amplified sounds shall not be audible from adjacent residential properties.
6. Signage shall be limited to (2) professionally made signs per structure, not exceeding thirty -
two (32) square feet per sign.
7. The outdoor storage shall be located as indicated on the site plan
8. If parking becomes an issue the applicant shall submit a transportation plan to staff to
address parking alternatives.
ATTACHMENTS
• Draft Resolution
• Location Map
• Application
• Applicant's Narrative
• Site Plan
Page 3
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01/19/2015 MON 11:23 FAX
CITY OF COLUMBIA HEIGHTS
CONDITIONAL U85 APPLICATION
III now
To be Fillad out by City:
DATE RECEIVED:
CASF NO,; .
NO.: 91 D4(H DATE OF LET-M
APPLICABLE ORDINANCE R OF COMPLETION:
PRESENT ZONING: APPROVAL DATE PER STATUTE:
PRESENT LAND USE PLAN DESIGNATION: REVIEW PERIOD EXTENDED'
To be tilled out by Applicant.,
PROPOSED NAME OF DEVELOPMENT:
PROJECT ADDRESSILOCATION;
LEGAL DESC
PROPERTY INVOLVED (attach separate page ff n6cvssilly);
Z001/004
------------
PRESENT USE OF PROPERTY:
PROPOSED USE OF PROPERTY:
wMton Pa1M#V,0 d6.,scribing the intended use of the property and
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011194015 ZION 11 :1t M
CITY OF COLUMBIA HOIGHTS
CONDITIONAL USE APPLICATION
THIS APPUCA'iION 18 SUBJECT To ACC,EPTANCP- BY-THE CITY PLANNER AND.REVIF;WOF
APPLICATION AND NECESSARY MATERKS BEING 6uwITTEP-
ENGINEERING APPROVAL MAY ALSO BE REQUIRED AND MUST MEET GNWNIFERINO
REQUIREMENTS SET BY THE CITY ENGIWER OR CONTAINED IN THE .CITY COPE,
iMms TO sE efyr=N TO APPLICANT WITA APPUCATIOI`t
A. Application Cheddlet
6. Schedule of Plannkm and Zori ng CoMmUlon Metes
A 5utuntttals as �bq lr8{lin the,a[taCtled appGc�►tlon 'K detailing Mltiat is propoSW4or the
property,
13. TWo copies of a kA of property owners within 360 feet of the av*ct pr0peir'ty:�
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APLICATION 1=15ES:
A. $200,00 Conditional Use P60tt Pee �-
TOTAL AMOUNT RECEIVEO.r~>; D : oe •.,y
CITY RECEIPT NU448ER . t (�J L1 1 �-� DATE RE08YED
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Acknowledgement: The undersigned hereby represents upon A of thb'•peftfts of law, for•tho purpoao of
Inducing the City of Columbia Hstghts to late the eabon ail r.&Wnants hereto Ord We
and that am worn herein mentioned will fie done in ecoaldance With "Ordkmnoes'af the City of Cdumtale
Heights and thAZtetA4L inneaota:
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Revised: 2006 Approved by the Colunbla: HOWO Plaaning CdnmbWun On
Apprrrwd -by the Columbia h*tbCM On'_.�...-
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01/19/2015 MON 11:24 FAg
Frattallone's ACE Hardware
$527 Lexington AVe N
Arden Hills, MN 55126
We are applying for the use of a portion of the parking lot for a temporary garden center, it would be
similar in site to the Linder's structure that occupied the area In front of the former Rainbow Foods.
We believe It would be compatible with the existing businesses and welcomed by the surrounding
community.
Thank you for your considerction.
11003/004
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COLUMBIA HEIGHTS CITY COUNCIL LETTER
k4pptinn of AAarnh o 701 S
AGENDA SECTION: Public Hearings
ORIGINATING DEPARTMENT:
CITY MANAGER'S
NO:
Community Development
APPROVAL
ITEM: Approve Conditional Use Permit for the
BY: Elizabeth Holmbeck
BY:
property located at 1555 40"' Avenue NE.
DATE: March 5, 2015
BACKGROUND:
Julie Johnson, representing First Lutheran Church, is seeking to amend the property's Conditional Use Permit
(CUP) to increase the number of rooms used for the Charter School (Prodeo Academy). The Church previously
applied for a CUP in May of 2013, and was granted approval. Since then the school has been in operation at
the property located at 1555 40th Avenue NE. As part of the first CUP'S approval, a condition was put on the
permit that the total classrooms used by the school would not exceed 10. Since then, the school has grown and
needs more classroom space.
The applicant feels that there is an adequate amount of space at the church to allow the charter school to
operate in 18 classrooms. The church will continue their operations as usual. When the school eventually
grows to 18 classrooms, the church would look at expanding on site or the school would potentially find a
different location. The property is guided for religious institution in the comprehensive plan and is located in
the Single Family Residential Zoning District. A School, Public or Private, K -12 is permitted on the site with
a Conditional Use Permit per code Section 9.109 (E) (3) (c).
RECOMMENDATION:
The Planning and Zoning Commission held a Public Hearing on March 3, 2015 and has found that the
request satisfies requirements for Conditional Use Permits in the Zoning Code. However, there was a
discussion regarding parking for the school's staff and the bus drop -off and pick -up. There were two
concerns from neighbors regarding the parked vehicles on 41st Avenue, which is where some of the
school's staff parks during the school day. Additionally, this is where the busses come in the morning and
afternoon. The main complaint is that the increase in traffic on the street makes it difficult for
neighborhood traffic to pass on the street, particularly when there are busses on one side of the street and
staff vehicles on the other. The school stated they would no longer permit staff to park on the street and
would now require staff to utilize the parking lot.
The Commissioners came up with a compromise between the school, who wants to continue bus drop -off
and pick -up on 41 st Avenue, and the Commissioners who wish to see all parking activities moved to the
parking lot. The Commissioners recommended moving the morning bus drop -offs to Tyler Street and all
afternoon bus pick -ups to the parking lot, to alleviate the traffic congestion on 41" Avenue. City staff
agrees that all school staff parking should be in the parking lot. However, after reviewing the site in more
detail, believe that if the school's staff is no longer parking on 41 st, the bus parking that occurs twice a day
should have minimal interference with the neighborhood traffic. Staff requests that the City Council make
the final. decision on where bus parking should occur.
The Planning and Zoning Commission recommended approval of the CUP with a unanimous vote, subject
to the following conditions:
1. The City reserves the right to require the applicant to submit a transportation plan, if traffic issues
arise in the future.
2. All bus drop -offs in the morning will occur on Tyler Street.
3. All bus pick -ups in the afternoon will occur in the parking lot.
4. All school staff will park in the parking lot.
RECOMMENDED MOTIONS:
Motion: Move to waive the reading of Resolution No. 2015 -21, there being ample copies available to the
public.
Motion: Move to adopt Resolution No. 2015 -21, being a resolution approving a Conditional Use Permit,
for the property located at 1555 40`x' Ave. NE., 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.
Attachments: Resolution 201 5 -21, Planning Report, Location Map, Application, Applicant's Narrative, Site
Plans
COUNCIL ACTION:
RESOLUTION NO. 2015-21
RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A CHARTER
SCHOOL AT FIRST LUTHERAN CHURCH -1555 40th AVENUE NE
WHEREAS, a proposal (Case #2015 -0302) has been submitted by Julie Johnson, representing First
Lutheran Church to the City Council requesting a Conditional Use Permit from the City of Columbia
Heights at the following site:
ADDRESS: 1555 40th Avenue NE
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING PERMIT: Conditional Use Permit for
Charter School.
WHEREAS, the Planning and Zoning Commission held a public hearing as required by the City
Zoning Code on March 3`d, 2015;
WHEREAS, the City Council has considered the advice and recommendations of the Planning and
Zoning Commission regarding the effect of the proposed site plan upon the health, safety, and
welfare of the community and its Comprehensive Plan, as well as any concerns related to
compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the
surrounding areas; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights
after reviewing the proposal, that the City Council accepts and adopts the following findings:
1. The use is one of the conditional uses listed for the zoning district in which the property is
located, or is a substantially similar use as determined by the Zoning Administrator.
2. The use is in harmony with the general purpose and intent of the Comprehensive Plan.
3. The use will not impose hazards or distributing influences on neighboring properties.
4. The use will not substantially diminish the use of property in the immediate vicinity.
5. The use will be designed, constructed, operated and maintained in a manner that is
compatible with the appearance of the existing or intended character of the surrounding area.
6. The use and property upon which the use is located are adequately served by essential public
facilities and services
7. Adequate measures have been or will be taken to minimize traffic congestion on the public
streets and to provide for appropriate on -site circulation of traffic.
8. The use will not cause a negative cumulative effect, when considered in conjunction with the
cumulative effect of other uses in the immediate vicinity.
9. The use complies with all other applicable regulations for the district in which it is located.
FURTHER, BE IT RESOLVED that the attached conditions, maps, and other information shall
become part of this permit and approval; and in granting this permit the city and the applicant
agree that this permit shall become null and void if the project has not been completed within one
(1) calendar year after the approval date, subject to petition for renewal of the permit.
CONDITIONS ATTACHED:
1. The City reserves the right to require the applicant to submit a transportation plan if traffic
issues arise in the future.
2. All bus drop -offs in the morning will occur on Tyler Street.
3. All bus pick -ups in the afternoon will occur in the parking lot.
4. All school staff will park in the parking lot.
Passed this 9`h day of March 2015
Offered by:
Seconded by:
Roll Call:
Attest:
Katie Bruno
Council Secretary
Mayor Gary L. Peterson
CITY OF COLUMBIA HEIGHTS PLANNING REPORT
CASE NUMBER: 2015 -0302
DATE: February 20, 2015
TO: Columbia Heights Planning Commission
APPLICANT: Julie Johnson, First Lutheran Church
LOCATION: 1555 40th Avenue NE
Columbia Heights, MN 55421
REQUEST: Amend Conditional Use Permit for Charter School
PREPARED BY: Elizabeth Holmbeck, Associate Planner
INTRODUCTION
Julie Johnson, representing First Lutheran Church, is seeking to amend the property's
Conditional Use Permit (CUP) to increase the number of rooms used for the Charter School
(Prodeo Academy). The Church previously applied for a CUP in May of 2013, and was granted
approval. Since then the school has been in operation at the property located at 1555 40th
Avenue NE. As part of the first CUP'S approval, a condition was put on the permit that the total
classrooms used by the school would not exceed 10. Currently the school is growing and in
need of more classrooms for the current number of students enrolled. The applicant feels that
there is an adequate amount of space at the church to allow the charter school to operate in 18
classrooms. The church will continue their operations as usual. A School, Public or Private, K -12
requires a Conditional Use Permit per code Section 9.109 (E) (3) (c).
ZONING ORDINANCE
The property located at 1555 40th Ave. NE is zoned R -1, Single Family Residential, as are the
properties to north, east and west. The properties to the south are zoned R -2A, One and Two
family residential and Park and Open Space. Schools are permitted as a Conditional Use in
Residential Districts.
COMPREHENSIVE PLAN
The Comprehensive Plan designates this area for Religious Institution. A school inside a religious
institution meets the spirit and intent of the Comprehensive Plan.
FINDINGS OF FACT
City of Columbia Heights Planning Commission March 3, 2015
First Lutheran Church - Conditional Use Permit Case # 2015 -0302
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.
Schools, public or private, K -12 ore specifically listed as a Conditional Use in the R -1,
Single Family District.
(b) The use is in harmony with the general purpose and intent of the Comprehensive
Plan.
The Comprehensive Plan designates this area for Religious Institution. The proposed use
is not changing the current use, rather just adding to it. A church and school are both in
harmony and meet the general intent of the Comprehensive Plan.
(c) The use will not impose hazards or disturbing influences on neighboring properties.
The proposed use as a school will not impose hazards or disturbing influences on
neighboring properties. The subject property was originally built as a school. There is
more than enough room at the church to accommodate the schools classroom needs and
parking needs.
(d) The use will not substantially diminish the use of property in the immediate vicinity.
The use of property in the immediate vicinity will not be diminished by adding a charter
school to the church.
(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.
There will be no physical changes to the appearance of the existing building to
accommodate the school.
(f) The use and property upon which the use is located are adequately served by
essential public facilities and services.
This is correct.
(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.
Page 2
City of Columbia Heights Planning Commission March 3, 2015
First Lutheran Church - Conditional Use Permit Case # 2015 -0302
The original use of the subject site was for a school, at which time the parking lot was
built appropriately.
(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.
Considering the church was previously a school there should be no negative cumulative
effect.
{i) The use complies with all other applicable regulations for the district in which it is
located.
This is correct.
RECOMMENDATION
Staff recommends approval of the proposed Conditional Use Permit for a school at 1555 40th
Ave NE.
Motion: The Planning Commission recommends that the City Council approve the Conditional
Use Permit for a school located at 1555 40th Avenue 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:
1. If parking becomes an issue the applicant shall submit a transportation plan to staff to
address parking alternatives
ATTACHMENTS
• Draft Resolution
• Location Map
• Application
• Applicant's Narrative
• Site Plan
Page 3
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CITY OF COLUMBIA HEIGHTS
CONDITIONAL USE APPLICATION
To be filled out by City:
CASE NO.:
APPLICABLE ORDINANCE NO.: 9.104(H)
PRESENT ZONING:
PRESENT LAND USE PLAN DESIGNATION
DATE RECEIVED:
DATE OF LETTER OF COMPLETION:
APPROVAL DATE PER STATUTE:
REVIEW PERIOD EXTENDED:
To be filled out by Applicant:
PROPOSED NAME OF DEVELOPMENT: rl,y -s t Lccihe ra n C&(kc'( +
PROJECT ADDRESS /LOCATION: l SS S qc"'-, A V c° N
LEGAL DESCRIPTION OF PROPERTY INVOLVED (attach separate page if necessary):
PRESENT USE OF PROPERTY: C h cc i-c- h C(-.i-\ A l _s-w- r 'fie' y- S C X10 C) I
PROPOSED USE OF PROPERTY:
--J rCV-easec" S136cCe -Q4 -Ci�4 tez (
REASON FOR REQUEST (please attach a written narrative describing the intended use of the property and
justification for your request. Describe any modifications andlor limitations of the use that have been made to
insure its compatibility with surrounding uses and with the purpose and intent of the Zoning Ordinance and
the Comprehensive Plan.)
APPLICANT v tk (( E- JO k IA SO n
PHONE 763- 798 -%5-3 FAX 763 ` 76& --OW 7
E -MAIL TIC uhe
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Page 1 of 2
CITY OF COLUMBIA HEIGHTS
CONDITIONAL USE APPLICATION
THIS APPLICATION IS SUBJECT TO ACCEPTANCE BY THE CITY PLANNER AND REVIEW OF
APPLICATION AND NECESSARY MATERIALS BEING SUBMITTED.
ENGINEERING APPROVAL MAY ALSO BE REQUIRED AND MUST MEET ENGINEERING
REQUIREMENTS SET BY THE CITY ENGINEER OR CONTAINED IN THE CITY CODE.
ITEMS TO BE GIVEN TO APPLICANT WITH APPLICATION
A. Application Checklist
B. Schedule of Planning and Zoning Commission Meetings
ITEMS TO ACCOMPANY CONDITIONAL USE PERMIT APPLICATION
A. Submittals as required in the attached application checklist, detailing what is proposed for the
property.
B. Two copies of a list of property owners within 350 feet of the subject property.
APPLICATION FEES:
A. $200.00 Conditional Use Permit Fee
TOTAL AMOUNT RECEIVED $ 2cQ . o v
CITY RECEIPT NUMBER ��� O DATE RECEIVED j'2t S
Acknowledgement: The undersigned hereby represents upon all of the penalties of law, for the purpose of
inducing the City of Columbia Heights to take the action herein requested, that all statements herein are true
and that all work herein mentioned will be done in accordance with the Ordinances of the City of Columbia
Heights and the State of Minnesota:
AP- ICANT SIGN "RE DATE
Qcle---- " / —.� l — J-0l5'
P PERTY OWN SIGNATURE (If different from Applicant) DATE
t'0 e OL--
COMMUNITY DEVELOPMENT STAFF MEMBER AND TITLE DATE
Revised: 2006
Approved by the Columbia Heights Planning Commission on
Approved by the Columbia Heights City Council on
Page 2 of 2
•
firsL Columbia Heights, MN
=- Lutheran Church
1555 40th Avenue N.E„ Columbla Heights, MN 55421 763.788.9553 www Ficch org
January 2015
Amending:
CONDITIONAL USE APPLICATION FOR FIRST LUTHERAN CHURCH OF COLUMBIA HEIGHTS
In July 2013, we received approval from the City of Columbia Heights to begin leasing space to
Prodeo Academy Charter School.
At this time we request approval for the Charter School, Prodeo Academy, to increase the space
used by the charter school up to 18 classrooms (see attached map of building), plus office space and
share with First Lutheran use of the fellowship hall, gym and choir room. There may be future building
of a wall to divide a room or two and perhaps take down a temporary wall between Ezra and Resource
Room.
Prodeo Academy's school hours are 7 am to 3:45 pm Monday through Friday, mid - August to mid -
June each year. There are approximately 66 children in each grade, three classes per grade.
The Charter School began with 66 kindergarten students in August 2013. The following year, an
additional 66 kindergarten students were enrolled, adding to the first graders. We would like to
continue this pattern for the next several years.
Approximately 20 teachers , administrative employees and volunteers of the school use our parking
lot. This number may double over the next several years. Our parking lot has 206 parking spaces. See
attached site plan.
Property Owner Signature:
On Behalf of First Lutheran Church (see attached Corporate Resolution)
J lie Johnso
usiness Administrator
CORPORATE RESOLUTION
I, Suzy Vescio, do hereby certify that at a meeting of the Council of
First Lutheran Church
of Columbia Heights, Minnesota
a corporation organized under the laws of Minnesota, held on the 25th day
of January 2014 at which said meeting a quorum was present and voting
throughout, the following resolution, upon motion made, seconded and carried was
duly adopted and is now in full force and effect:
RESOLVED, that the President, Vice - President, Treasurer, Julie Johnson,
Business Administrator ; or any one of such officers be and they are fully
authorized and empowered to purchase, invest in, acquire, sell, assign, transfer or
otherwise dispose of any and all types and kinds of securities including but not
limited to stocks, bonds, debentures, notes, rights, options, warrants, certificates of
and every kind and nature whatsoever; and to enter into agreements, contracts and
arrangements with respect to such security transactions whether or with securities
related individuals or agents; to execute, sign or endorse on behalf of and in the
agreements and to affix the corporate seal on same.
I further certify that the authority thereby conferred is not inconsistent with the
Charter or By -Laws of this Corporation, and that the following is a true and correct
list of officers of this Corporation as of the present date:
Officers: Suzy Vescio, President
David Maurer, Vice President
John Peterson, Treasurer
Kathy Ballard, Secretary
In witness whereof I have set my hand this day, January 25, 2014.
Suzy Vesc' resident
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CITY COUNCIL LETTER
Meeting of: March 9, 2015
AGENDA SECTION: Items for Consideration
ORIGINATING DEPARTMENT:
CITY MANAGERS
NO:
CITY MANAGER'S
APPROVAL
ITEM: DONATION TO SISTER CITIES FOR POLICE
BY: KELLI BOURGEOIS
BY:
OFFICER HOST APPRECIATION DINNER
DATE: 3 -6 -15
DATE:
NO:
Later this year representatives from the Columbia Heights Police Department will be
visiting sister city Lomianki Poland. As part of this visit the Sister Cities Committee
has requested a donation from the City Council for $500 to pay for half of a Host
Appreciation Dinner, please see the attached letter. The dinner would be cc- sponsored by
the City of Columbia Heights and Sister Cities and would be offered to the Commandant,
police officers, hosts, and select elected officials from the City of Lomianki.
RECOMMENDED MOTION: A motion to donate $500 to the Sister Cities Committee to pay for half
of a Host Appreciation Dinner for the Commandant, Police Officers, Hosts and select Elected
Officials would be appreciated.
COUNCIL ACTION:
C0
COLUMBIA HEIGHTS
Minnesota, U.S.A.
si ?I er
cis
INTERNATIONAL
CITY HALL
590 40th Avenue N.E.
COLUMBIA HEIGHTS, MINNESOTA 55421
PHONE: (763) 706 -3600
FAX: (763) 706 -3601
15, February 2015
Mayor Gary Peterson
City of Columbia Heights — City Hall
590 —4& Avenue, N.E.
Columbia Heights, MN — 55421
Dzien Dobry, Mayor and City Council Members,
LOMIANKI
Poland
Our Sister Cities, international, organization is indeed fortunate because we have benefited from the
cooperation and support of the City of Columbia Heights since our initial association twenty -four years
ago. For that assistance, we again say `Thank You " / "Dziekuje ".
As you know, our Police Exchange Project is moving along nicely. The enthusiasm of the Police
Department from the very beginning has been most appreciated. We understand they are considering
the end of August, 2015, for their visit there.
At our last Sister Cities' meeting, a suggestion was made that could result in excellent p.r. with the
City of Lomianki's officials and Police Department. It would be very edifying for our Officers to host an
appreciation dinner before they return to Minnesota. They would be the hosts —and the various
officials would be the guests of the City of Columbia Heights and our Sister Cities' members.
We estimate that $1,000.00 could be budgeted for this event. Would the City of Columbia Heights be
able /willing to donate $500.00 to this — matching $500.00 from our Sister Cities' funds. ? This would be
a nice gesture of appreciation for the hospitality extended to our Officers. We would enlist the
assistance of our Lomianki contacts to make the arrangements.
For your information, during some of my past visits to Lomianki, i hosted an appreciation event (and
sometimes Walter Logacz and I would do so) for our friends and it was always graciously enjoyed and
received. The Polish hospitality is wonderful — someday I hope you will be able to experience it.
Please consider this request which will have beneficial results to our City and Officers. Contact me if
you need any other in formation. Hope you will be able to grant this special request.
Dziekuje Bardzo / Thank You Very Much....
Sincerely,
Dolores Puente Strand, CoChair -
Sister Cities, International
(763/571 -1709)