HomeMy WebLinkAbout05-11-2015 Regular MeetingCITY OF COLUMBIA HEIGHTS
590 40th Avenue NE, Columbia Heights, MN 55421 -3878 (763)706 -3600 TDD (763) 706 -3692
Visit our website at. www.ci.columbia- heights.mn.us
Mavor
Gary L. Peterson
Councilmembers
Robert A. Williams
Bruce Nawrocki
Donna Schmitt
John Murzyn
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 May 11, 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)
LCALL TO ORDER
2.ROLL CALL
1INVOCATION
Invocation provided by Mac 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 pg 6
1. Public Works Week Proclamation.
7.CONSENT AGENDA
(These items are considered to be routine by the City Council and will be enacted as part of the
Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as
the next order of business.)
A. Approve Minutes of the City Council
MOTION: Move to approve the minutes of the City Council meeting of April 27, 2015 pg
B. Accept Board and Commission Meeting? Minutes pg 14
MOTION: Move to accept the EDA minutes of March 2, 2015 pg 20
MOTION: Move to accept the EDA minutes of April 6, 2015 pg 20
MOTION: Move to accept the HRA minutes of January 27, 2015 pg 27
MOTION: Move to accept the Draft Planning & Zoning minutes of May 5, 2015 pg 36
MOTION: Move to accept the Draft Charter Commission minutes of April 16, 2015 pg 50
MOTION: Move to accept the Public Arts Commission minutes of April 1, 2015 pg 52
City Council Agenda
Monday January 12, 2015
Page 2 of 5
C. Approve Resolution 2015 -36 regarding the 2015 -2016 Collective Bargaining Agreement pg 56
Between the City of Columbia Heights and the International Association of Firefighters Local
#1216.
MOTION: Move to waive the reading of Resolution 2015 -36 there being ample copies available
to the public.
MOTION: Move to adopt Resolution 2015 -36, regarding the Collective Bargaining Agreement
between the City of Columbia Heights and the International Association of Firefighters, Local
#1216, Effective January 1, 2015 — December 31, 2016.
D. Approve Resolution 2015 -37 regarding the 2015 -2016 Memorandum of Understanding pg 59
Between the City of Columbia Heights and the Public Managers Association.
MOTION: Move to waive the reading of Resolution 2015 -37, there being ample copies available
to the public.
MOTION: Move to adopt Resolution 2015 -37, regarding the Memorandum of Understanding
Between the City of Columbia Heights and the Public Managers Association, Effective January
1, 2015 — December 31, 2016.
E. Approve Resolution 2015 -38 regarding t� hey Manager's Compensation and Benefits. pg 64
MOTION: Move to waive the reading of Resolution 2015 -38, there being ample copies available
to the public.
MOTION: Move to adopt Resolution 2015 -38, regarding the City Manager's Compensation and
Benefits for January 1, 2015 — December 31, 2016.
F. Approve Resolution 2015 -39 regarding Seasonal and Temporary Employee Wage pg 66
Adjustments.
MOTION: Move to waive the reading of Resolution 2015 -39, there being ample copies available
to the public.
MOTION: Move to adopt Resolution 2015 -39, regarding Seasonal and Temporary Employee
Wage Adjustments.
G. Approve Final Plans and Authorization to Seek Bids for the 49th Avenue Turn Lane pg 72
Construction, City Project 1415
MOTION: Move to accept the final plans prepared by Bolton & Menk, Inc. and authorize staff
to seek bids for the 49th Avenue Turn Lane construction, City Project No. 1415.
H. Approve Permits for the 2015 Jamboree pg 74
MOTION: Move to authorize staff to close Huset Parkway for the time period from Tuesday
afternoon, June 23 through Sunday, June 28, 2015.
MOTION: Move to authorize the Police Department to issue a parade permit for the Jamboree
Parade to be held on Friday, June 26, 2016 beginning at 6:00 p.m. for the following streets:
Central Avenue from 45th Avenue to 40th Avenue, west on 40th Avenue to 5th Street and 5th
Street to Mill Street.
MOTION: Move to authorize fireworks at dusk on Saturday, June 27, 2015 and to waive the
Fire Department fireworks display permit fee.
City Council Agenda
Monday January 12, 2015
Page 3 of 5
L Authorization to Seek Bids for Library Bid Package #1: Site Gradiniz, Environmental pg 75
Remediation, and Site Utilities
MOTION: Move to authorize staff to seek bids for Bid Package #1 for the new library: site
grading, environmental remediation, and site utilities.
J. Approve Final Plans and Authorization to Seek Bids for Huset Park Splash Pad City Project pg 77
1512
MOTION: Move to accept the final plans prepared by Stantec Consulting Services and authorize
staff to seek bids for the Huset Park splash pad, City Project 1512.
K. Authorization to Purchase Splash Pad Equipment for Huset Park pg 80
MOTION: Move to authorize the purchase of splash pad equipment for Huset Park in the
amount of $119,215 plus freight off the National Purchasing Partners Government contract.
L. Adopt Resolution 2015 -42 Accepting Feasibility Report and Authorizing Cleaning and pg 82
Lining of 7,000 Feet of Water Main (Under the City of Minneapolis 2015 Program) City Project
No. 1503
MOTION: Move to waive the reading of Resolution 2015 -42, there being ample copies
available for the public.
MOTION: Move to adopt Resolution 2015 -42 which accepts the Feasibility Report for the 2015
Water Main Cleaning and Lining Program and orders the Public Improvement for water main
cleaning and lining of pipe totaling 7,000 lineal feet, under the City of Minneapolis Cleaning and
Lining program for 2015.
M. Accept Pr_o_posals and Award a Contract for Professional Services: Owner's Representation pg 90
for Construction of the New Library
MOTION: Move to award Owner's Representation Services for the new city library, Project
No. 1410, to the firm of based upon their qualifications for a cost not -to- exceed
$ appropriated from Fund 450 -51410 -3050.
N. Minor Amendment to LaBelle Park Master Plan pg 98
MOTION: Move to approve a minor amendment to the LaBelle Park Master Plan based on a
recommendation from the Park & Recreation Commission.
O. Approve Change Order #1 for 2014 Storm Sewer Improvement Project at Jackson Pond, Cit pg 104
Project #1308
MOTION: Move to approve Contract Change Order No. 1 for the 2014 Storm Sewer
Improvement, Project 1308, to Peterson Companies, Inc of Chisago City, Minnesota in the
amount of $91,083.28 for a new contract amount of $939,228.02.
P. Installation of a 2 -way Stop signs on 42ND Ave and 7th St, stopping on 42ND Ave. pg 106
MOTION: Move to install two -way "STOP" signs at the intersection of 42ND Avenue and 7d'
Street, stopping east and west bound traffic on 42nd Avenue, as recommended by the Traffic
Commission.
Q. Annual declaration that the City of Columbia Heights does not waive the monetary limits on pg 108
municipal tort liability under Minnesota Statutes, section 466.04.
MOTION: Move to declare that the City of Columbia Heights does not waive the monetary
limits on municipal tort liability under Minnesota Statutes, section 466.04.
City Council Agenda
Monday January 12, 2015
Page 4 of 5
R. Resolution 2015 -41 establishing limited clean up and property damage protection for sewer pg 110
back -ups and water main breaks for water and sewer customers.
MOTION: Move to waive the reading of Resolution 2015 -41, there being ample copies
available to the public.
MOTION: Move to adopt Resolution 2015 -41, establishing limited clean up and property
damage protection for sewer back -ups and water main breaks for water and sewer customers.
S. Resolution 2015 -44 approving a contract with Columbia Park Medical Group for municipal pg 117
parking ramp maintenance and appropriating the related expenditures in the 2015 budget for
Special Projects Fund 226.
MOTION: Move to waive the reading of Resolution 2015 -44, there being ample copies
available to the public.
MOTION: Move to adopt Resolution 2015 -44, being a resolution approving contract with
Columbia Park Medical Group for municipal parking ramp maintenance and appropriating the
related expenditures in the 2015 budget for Special Projects Fund 226.
T. Approve Business License Applications pg 128
MOTION: Move to approve the items as listed on the business license agenda for May 11, 2015
as presented.
U. Payment of Bills pg 130
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 156585 through 156745 in the
amount of $ 948,065.68.
MOTION: Move to approve the Consent Agenda items.
8. PUBLIC HEARINGS
1. Resolution approving Variances for the property located at 3828 Quincy Street NE. pg 138
MOTION: Move to wave the reading of Resolution 2015 -32, there being ample copies available to the
public.
MOTION: That the Planning and Zoning Commission recommends that the City Council approve the
Variances for the property located at 3828 Quincy Street NE.
2. Resolution approving a Minor Subdivision for the property located at 1417 43rd Avenue NE. pg 149
MOTION: Move to waive the reading of Resolution 2015 -34, there being ample copies available to
the public.
MOTION: That the Planning and Zoning Commission recommends that the City Council approve the
Minor Subdivision for the property located at 1417 43rd Avenue NE.
9. ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions
1. Consider Authorizing Staff to Negotiate a Cable Franchise with CeqqoLLink. pg 164
MOTION: Move to receive the enclosed Report and direct staff to negotiate a cable
communications franchise with CenturyLink consistent with the Report.
City Council Agenda
Monday January 12, 2015
Page 5 of 5
B. Bid Considerations
1. Adopt Resolution 2015 -43 being a Resolution Accepting Bids and Awarding a Contract for pg 185
the 2015 Miscellaneous Utility pairs and Installations, City Project 1511.
MOTION: Move to waive the reading of Resolution 2015 -43, there being ample copies
available to the public.
MOTION: Move to adopt Resolution 2015 -43 being a resolution accepting bids and awarding
the 2015 Miscellaneous Utility Repairs and Installations, City Project No. 1511, including Splash
Pad Alternate with 4" DIP water service to G.L. Contracting, Inc., based upon their low,
qualified, responsible bid in the amount of $238,706.50 from Fund 415 -51511 -5185; and,
furthermore, to authorize the Mayor and City Manager to enter into a contract for the same.
2. Adopt Resolution 2015 -40 being a Resolution Accepting Bids and Awarding a Contract for pg 189
the 2015 Miscellaneous Concrete Repairs and Installations, City Project 1500.
MOTION: Move to waive the reading of Resolution 2015 -40, there being ample copies
available to the public.
MOTION: Move to adopt Resolution 2015 -40 being a Resolution accepting bids and awarding
the 2015 Miscellaneous Concrete Repairs and Installations, City Project No. 1500, to New Look
Contracting, Inc., based upon their low, qualified, responsible bid in the amount of $56,508.00
from Fund 415- 51500 -4000; and, furthermore, to authorize the Mayor and City Manager to
enter into a contract for the same.
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
alt Fehst, City Manager
NATIONAL PUBLIC WORKS WEEK
Proclamation
WHEREAS, Public Works services provided in our community are an integral part of our citizen's
everyday lives; and
WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation
of Public Works systems and programs such as water, sewer, streets and highways, public buildings,
solid waste collection and snow removal; and
WHEREAS, the health, safety and comfort of this community greatly depends on these facilities and
services; and
WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and
construction, is vitally dependent upon the efforts and skill of public works officials; and
WHEREAS, the efficiency of the qualified and dedicated personnel who staff Public Works
departments is materially influenced by the people's attitude and understanding of the importance of
the work they perform,
NOW, THEREFORE, I, Gary Peterson, Mayor of the City of Columbia Heights, do hereby proclaim
the week of May 17 through May 23, 2015 as
"NATIONAL PUBLIC WORKS WEEK"
in the City of Columbia Heights, and I call upon all citizens and civic organizations to acquaint
themselves with the issues involved in providing our public works and to recognize the contributions
which Public Works officials make every day to our health, safety, comfort and quality of life.
Mayor Gary Peterson
(Seal)
OFFICIAL PROCEEDINGS
CITY OF COLUMBIA HEIGHTS
CITY COUNCIL MEETING
APRL 27, 2015
THE FOLLOWING ARE THE MINUTES FOR THE REGULAR MEETING OF THE CITY COUNCIL HELD AT 7:00 PM ON
MONDAY APRIL 27, 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, Public Works
Director; Joe Kloiber, Finance Director; Keith Windschitl, Recreation Director; Joe Hogeboom,
Community Development Director; Loren Wickham, Assistant Community Development Director;
Elizabeth Holmbeck, Associate Planner; Katie Bruno, Council Secretary
3. INVOCATION
Invocation provided by Pastor 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
A. Presentation of Certificate of Appreciation from Local 710 Columbia Heights Federation of
Teachers.
Carl Lightbody, president of the Columbia Heights Federation of Teachers Local 710, presented the
Council with a certificate of appreciation for their ongoing support of the district's teachers and
schools, noting the two levy questions that successfully passed last November.
B. Building Safety Month Proclamation.
Mayor Peterson read the proclamation for Building Safety Month.
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 April 13, 2015.
MOTION: Approve the Board of Appeals meeting minutes of April 13, 2015.
B. Accept Board and Commission Meeting Minutes
MOTION: Move to accept the Traffic Commission minutes of April 6, 2015.
City Council Minutes
April 27, 2015
Page 2 of 7
C. Approval of the attached list of rental housing licenses
MOTION: Move to approve the items listed for rental housing license applications for
April 27, 2015 in that they have met the requirements of the Property Maintenance Code.
D. Approve Business License Applications
MOTION: Move to approve the items as listed on the business license agenda for April 27,
2015 as presented.
E. Designation of Parking on 49th Avenue for Hylander Center- *Removed for Discussion
F. Approve Final Compensating Change Order and Final Payment for 2013 Concrete Street
Rehabilitation, Project No. 1302
MOTION: Move to approve the final compensating change order and accept the work for
2013 Concrete Street Rehabilitation, City Project No. 1302, and authorize final payment of
$60,500.00 to Interstate Improvement Company of Faribault, Minnesota.
G. Renewal of Sprint Lease for Antenna(s) and Lease Space at Water Tower
*Removed for Discussion.
H. Payment of Bills
MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8, the City
Council has received the list of claims paid covering check number 156406 through 156584
in the amount of $ 613,148.76.
Motion by Councilmember Williams seconded by Nawrocki to approve the Consent Agenda
items A, B ,C, D, F, and H. All Ayes, Motion Carried.
The following items were removed for discussion:
E. Designation of Parking on 49th Avenue for Hylander Center
City Manager Fehst reported that the request has been received from residents that regularly
utilize the Hylander Center. Manager Fehst reported that the Traffic Commission has denied
the request, although he wasn't aware of the reason.
Councilmember Schmitt stated that the Traffic Commission was concerned with the proximity
of the proposed parking near the intersection, as well as confusion with the allowed times.
Joe Stinson, residing at 3719 Lincoln Street NE stated that in the winter the sidewalk is icy due
to lack of sunshine. Director of Recreation Keith Windschitl reported that he has received
many requests from senior citizens for parking along 49a' Avenue. Windschitl also suggested
this could help increase programming options.
Mayor Peterson stated the council could approve the item, and if there are adverse issues, the
approval could be reconsidered.
Director of Public Works Kevin Hansen reported that approximately seven cars would be able
to adequately park in the proposed area.
Motion by Councilmember Schmitt, seconded by Councilmember Nawrocki to designate
Hylander Center parking on the south side of 49th Avenue beginning approximately 50 ' east of
the athletic drivewav to 20' east of the entrance to the Hylander Center fi°om 8:30 to 11:30
a. 7n. on school days. All Ayes, Motion Carried.
City Council Minutes
April 27, 2015
Page 3 of 7
G. Renewal of Sprint Lease for Antenna(s) and Lease Space at Water Tower
Director of Public Works Kevin Hansen reported that in 1996 the City entered into a twenty
year lease agreement with Sprint. The lease auto - renewed every five years. Sprint would like
to continue the lease for an additional fifteen years. In 2015 the City will receive $36,000 in
revenue. Changes to the lease include a 3% escalation and a starting point of the current
payment rate.
Councilmember Nawrocki questioned the process for when the City does water tower
maintenance. Director- Hansen reported that all leases will be given notice to remove their
equipment for a period of time while the maintenance is completed.
Motion by Councilmember Murzyn, Jr. seconded by Councilmember Nawrocki to authorize the
Mayor and City Manager to renew the lease agreement with Sprint for communications
antennas and lease space at the municipal water tower, 4700 Stinson Boulevard. All Ayes,
Motion Carried.
8. PUBLIC HEARINGS
A. Adopt Resolution 2015 -31, being a resolution ig'ving host approval to the issuance of
Senior Housing Facility Revenue Bonds (Crest View Senior- Communities Project) by
Blaine, Minnesota
Finance Director Joe Kloiber explained that Crest View is interested in refinancing their
bonds issued in 2007. Kloiber stated it is beneficial for the city of Blaine to issue all the
bonds, in order to do so, the council needs to provide an approval, as detailed in the
resolution.
John Utley, Legal Counsel from Kennedy & Graven explained the fees, noting there is an
ongoing fee of 1 /10 of 1 %. Utley reported that Crest View may request paying a present
value upfront fee at the closing date. Councilmember Nawrocki asked if the City would
receive the same financial payback that we would have from the original payment. Mr.
Utley confirmed that was correct. Councilmember Nawrocki asked if the City would have
any liability if Crest View were to default. Mr. Utley explained the City is not currently
liable, nor would they be in this case. City Attorney Jim Hoeft agreed.
The Public Hearing was closed at 7:46 p.m.
Motion by Councilmember Williams, seconded by Councilmember Nawrocki to waive
the reading of Resolution 2015 -31, there being ample copies available to the public.
All Ayes, Motion Carried.
Motion by Councilmember Williams, seconded by Councilmember Nawrocki to adopt
Resolution 2015 -31, being a resolution giving host approval to the issuance of Senior
Housing Facility Revenue Bonds (Crest View Senior Communities Project) by Blaine,
Minnesota. All Ayes, Motion Carried.
9. ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions -None
A. Approve Resolution #2015 -33, Adopting Official Logos, Style Guide and Brand
City Council Minutes
April 27, 2015
Page 4 of 7
Community Development Director Joe Hogeboom gave a brief history of the EDA's process in
recommending the new Logo, Style Guide and Brand. City departments have been met with to
discuss the implementation process.
Associate Planner Elizabeth Holmbeck explained that residents were included in the choosing
of the logo, through various venues.
Assistant Community Development Director Loren Wickham displayed some models of the
proposed logos, noting that there are four variations of the logo.
Councilmember Nawrocki commented that he feels this was not money well spent, at a cost of
$30,000.
Councilmember Schmitt thanked staff, stating that Replace Design did a great job for a fair
price.
Motion by Councilmember Williams, seconded by Councilmember Schmitt to waive the
reading of Resolution 201 5 -33, there being ample copies available to the public. All Ayes,
Motion Carried.
Motion by Councilmember Schmitt, seconded by Councilmember Williams to adopt Resolution
#201 5 -33 Adopting Official Logos, Style Guide and Brand for the City. 4 Ayes -1 Nay, Motion
Carried. Ayes: Peterson, Schmitt, Williams, Murzyn, Jr. Nay: Nawrocki,
B. Bid Considerations
C. New Business and Reports
10. ADMINISTRATIVE REPORTS
Report of the City Manager
Manager Fehst reported that the City's Public Works Department has been very busy this spring.
Active projects include Jackson Pond overhaul, Labelle Park various projects, concrete alley
construction, and the splash pad area at Huset Park. Manager Fehst thanked the Kiwanis, the Key Club
and the Lions for their clean -up efforts around the City.
Councilmember Nawrocki questioned the process for funding the "Trips & Outings." Manager
Fehst responded that he will get the information to the council.
Councilmember Nawrocki questioned why the Library meetings with the architects are held at
their Minneapolis Office and not at City Hall. Mr. Nawrocki also requested minutes of those
meetings. Manager Fehst explained this is design work at this phase, and there will be public
meetings in the future.
Councilmember Nawrocki requested maps be included with weekly crime statistic reports, as they
were in the recent past. Manager Fehst indicated he will pass that information to Chief Nadeau.
Report of the City Attorney
Mr. Hoeft had nothing to report.
11. CITIZENS FORUM
Connie Buesgens -102144 th Ave NE stated that she is looking forward to serving on the Planning &
Zoning Commission. Ms. Buesgens helped the Kiwanis with their clean -up, and reported that over 160
pounds of trash was picked up.
Is
City Council Minutes
April 27, 2015
Page 5 of 7
Frost Simula -1700 491h Ave reported that he continues to work with Community Development staff,
and items may be coming to the council in a worksession in May.
12. ADJOURNMENT
Mayor Peterson encuraged residents to be accepting of all citizens, regardless of their background.
Residents were invited to participate in the 15'h Annual Prayer Breakfast on May 6, 2015. Peace Awards
will be given during the Prayer Breakfast. Residents were reminded to remember our servicemen and
women, and to try to enjoy life, and to do a random act of kindness.
Meeting adjourned at 8:30 p.m.
Respectively Submitted
Katie Bruno, City Clerk/Council Secretary
Resolution No. 2015 -31
RESOLUTION GIVING HOST APPROVAL TO THE ISSUANCE
OF SENIOR HOUSING FACILITY REVENUE BONDS
(CREST VIEW SENIOR COMMUNITIES PROJECT)
BY BLAINE, MINNESOTA
BE IT RESOLVED, by the City Council (the "Council ") of the City of Columbia Heights, Minnesota
(the "City ") as follows:
Section 1. Description of the Project.
(a) Crest View Senior Community at Blaine LLC, a Colorado limited liability company (the
"Company ") and Crest View Corporation, a Minnesota nonprofit corporation, (the "Sole Member" and,
together with the Company, the "Borrowers "), have proposed that the City of Blaine, Minnesota (the
"Issuer ") issue revenue bonds under Minnesota Statutes, Chapter 462C (the "Act "), in one or more series,
in an aggregate principal amount not to exceed $64,900,000 (the "Bonds ") to: (i) finance the acquisition,
construction, and equipping, by the Company, of an approximately 152 -unit multifamily senior rental
housing facility, consisting of 66 senior independent living units, 51 assisted living units, 11 enhanced
assisted living units and 24 memory care units and related parking and public improvements to be located
at 12016 Ulysses St. NE in the City (the `Blaine Facilities "); (ii) refinance the Sole Member's facilities
consisting of Royce Place, a 50 -unit assisted living facility located at 1575 44th Ave. NE, The Boulevard,
a 74 -unit senior housing facility located at 4458 Reservoir Blvd. NE, Crest View Lutheran Home, a 122 -
unit licensed nursing facility located at 4444 Reservoir Boulevard, and Crest View on 42nd, a 50 -unit
assisted living and memory care facility located at 900 - 42nd Avenue NE in the City of Columbia
Heights, Minnesota ( "Columbia Heights ") which were previously financed with the proceeds of the
Multifamily and Health Care Facilities Revenue Refunding Bonds (Crest View Corporation Projects),
Series 2007A (the "Series 2007 Bonds ") issued by the City (the "Columbia Heights Facilities" and,
together with the Blaine Facilities, the "Facilities ") (iii) fund necessary reserve funds; (iv) fund capitalized
interest and certain working capital expenses; and (v) pay a portion of the costs of issuance related to the
Bonds (collectively, the "Project "). The Blaine Facilities will be owned and operated by the Company
and the Columbia Heights Facilities will be owned and operated by the Sole Member.
(b) The City has been advised that the Bonds or other obligations, as and when issued, will not
constitute a charge, lien or encumbrance upon any property of the City or the Issuer, except the Facilities
ilk
City Council Minutes
April 27, 2015
Page 6 of 7
and the revenues to be derived from the Facilities. Such Bonds or obligations will not be a charge against
the general credit or taxing powers of the City or the Issuer, but are payable from sums to be paid by the
Borrowers pursuant to a revenue agreement.
Section 2. Recital of Representations Made by the Borrowers.
(a) The Borrowers have agreed to pay any and all costs incurred by the City in connection with
the issuance of the Bonds, whether or not such issuance is carried to completion, and to pay the City's
ongoing administrative fee as provided in the Fee Agreement described below.
(b) The Borrowers have represented to the City that no public official of the City has either a
direct or indirect financial interest in the Project nor will any public official either directly or indirectly
benefit financially from the Project.
Section 3. Public Hearing.
(a) As required by Section 147(f) of the Internal Revenue Code of 1986, as amended (the
"Code ") a Notice of Public Hearing was published in a newspaper of general circulation in the City, for a
public hearing on the proposed issuance of the Bonds to refinance the portion of the Facilities located
within the jurisdictional limits of the City.
(b) As required by the Act and Section 147(f) of the Code the City Council has on this date
held a public hearing on the proposed issuance of the Bonds to refinance the portion of the Facilities
located within the jurisdictional limits of the City, at which all those appearing who desired to speak were
heard and written comments were accepted.
Section 4. Joint Powers Agreement and Fee Agreement.
(a) Pursuant to Minnesota Statutes, Section 471.59, as amended, by agreement entered into
through action of their governing bodies, two cities may jointly or cooperatively exercise any power
common to the contracting parties or any similar powers, including those which are the same except for
the territorial limits within which they may be exercised. Pursuant to a joint powers agreement between
the City and the Issuer to be dated on or after May 1, 2015 (the "Joint Powers Agreement "), the City will
consent to the issuance of the Bonds and the refinancing of the portion of the Facilities located within the
jurisdictional limits of the City by the Issuer and the Issuer will agree to issue the Bonds to finance or
refinance the Project.
(b) The Borrowers have agreed to pay the City's ongoing administrative fee pursuant to a fee
agreement (the "Fee Agreement), to be dated on or after May 1, 2015.
(c) The Joint Powers Agreement and the Fee Agreement are hereby approved and the Mayor
and the City Manager are hereby authorized to execute and deliver such agreements in substantially the
forms on file with the City, together with such omissions and insertions as do not materially change the
substance thereof, or as the Mayor and the City Manager, in their discretion, shall determine are
appropriate and in the best interests of the City, and the execution of the Joint Powers Agreement and the
Fee Agreement by the Mayor and the City Manager shall be conclusive evidence of such determination.
Section 5. Host Approval. The City Council hereby gives the host approval required under
Section 147(f) of the Code, pursuant to Minnesota Statutes §471.656, Subd. 2(2), the City Council hereby
consents to the issuance of the Bonds, and pursuant to the Act, the City Council hereby consents to the
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City Council Minutes
April 27, 2015
Page 7 of 7
refunding of the Series 2007 Bonds. This host approval and consent are conditioned upon the execution
and delivery by all parties to the Joint Powers Agreement and the Fee Agreement.
Adopted: April 27, 2015
Resolution No, 2015 -33
A RESOLUTION ADOPTING OFFICIAL LOGOS, STYLE GUIDE AND BRAND FOR THE
CITY
WHEREAS, the Economic Development Authority (EDA) set a goal at its 2014 retreat to develop a
brand for the City that builds upon its positive aspects and unique character
WHEREAS, the EDA selected Replace Design to develop the styleguide, logos and brand and
WHEREAS, residents were encouraged to provide input into the new brand identity at a community
gathering, online and at City Hall and
WHEREAS, a "heritage" concept was selected which included a graphic of the Clock Tower of Peace
NOW THEREFORE BE IT RESOLVED
The City Council adopts the official logos, style guide and brand for the city.
Passed this 27th day of April 2015
13
ECONOMIC DEVELOPMENT AUTHORITY (EDA)
MINUTES OF THE MEETING OF
MARCH 2, 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, Bobby Williams, Marlaine
Szurek, and Gerry Herringer. Newly elected Council Person John Murzyn was
also present (not sworn in yet).
Staff Present: Walt Fehst, Joseph Hogeboom, and Loren Wickham.
PLEDGE OF ALLEGIANCE- RECITED
1. SWEAR IN MEMBERS- Gary Peterson, Donna Schmitt and John Murzyn took the Oath of
Office.
2. ELECTION OF OFFICERS-
Motion by Schmitt, seconded by Herringer, to elect officers as follows:
President- Gary Peterson
Vice President- Bobby Williams
Secretary /Treasurer- Bruce Nawrocki
All ayes. MOTION PASSED.
3. CONSENT ITEMS
1. Approve the Minutes from January 5, 2015.
2. Approve the Financial Report and Payment of Bills for December 2014 and January 2015 on
Resolution 2015 -03.
Questions by Members:
Commissioner Nawrocki requested that the Financial Report pages be numbered going forward.
Motion by Williams, seconded by Szurek, to waive the reading of Resolution 2015 -03, there
being an ample amount of copies available to the public. All ayes. MOTIONPASSED.
Motion by Szurek, seconded by Williams, to approve the consent agenda items as presented. All
ayes. MOTION PASSED.
14
EDA MINUTES
Page 2
March 2, 2015
EDA RESOLUTION 2015 -03
RESOLUTION OF THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY
(EDA) APPROVING THE FINANCIAL STATEMENT FOR DECEMBER 2014 AND JANUARY 2015
AND PAYMENT OF BILLS FOR THE MONTHS OF DECEMBER 2014 AND JANUARY 2015.
WHEREAS, the Columbia Heights Economic Development Authority (EDA) is required by Minnesota
Statutes Section 469.096, Subd. 9, to prepare a detailed financial statement which shows all receipts and
disbursements, their nature, the money on hand, the purposes to which the money on hand is to be applied, the
EDA's credits and assets and its outstanding liabilities; and
WHEREAS, said Statute also requires the EDA to examine the statement and treasurer's vouchers or bills and
if correct, to approve them by resolution and enter the resolution in its records; and
WHEREAS, the financial statement for the months of December 2014 and January 2015 has been reviewed
by the EDA Commission; and
WHEREAS, the EDA has examined the financial statements and finds theirs 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 2nd day of March, 2015
MOTION BY: Szurek
SECONDED BY: Williams
AYES: All ayes
President
Attest By:
Secretary
15
EDA Minutes
Page 3
March 2, 2015
NEW BUSINESS
1. McComb Group Report-
Jim McComb, president of the McComb Group, was present to review his market study of the
Central Avenue corridor. McComb discussed the tenant mix along Central Avenue, traffic
counts in the area, median household income, and employment data. Mr. McComb explained
that Central Avenue represents a linear trade area that extends south into Minneapolis, and north
to the Fridley /Blaine border.
McComb went on to say that there is market potential within the Central Avenue trade area to
add an additional 30,000 square foot grocery store. McComb explained that the grocery market
is moving away from larger stores, and instead is trending towards smaller, more specialized
stores. McComb does not believe that Central Avenue can support another 65,000 square foot
store, similar to the former Rainbow Foods, as the corridor already hosts an Aldi's grocery store
and a Super Target. There is also an existing Cub Foods store within the trade area.
McComb stated that he believes that positive things are occurring in the north and south ends of
the Central Avenue corridor, including the redevelopment of the former Blockbuster Video
building and the redevelopment of the Heights Gateway site. However, more investment needs
to occur in the middle area of the corridor, including the vicinity around the Central Valu
Center.
Hogeboom stated that staff will meet with Mr. McComb to discuss McComb's
recommendations to the City and elaborate on them at the April meeting as part of the FDA's
goal setting discussion.
ill
EDA Minutes
Page 4
March 2, 2015
2. Proposal by Dominium for Sr. Housing in Huset Park Development Area-
Hogeboom explained that Dominium Properties has proposed to construct two four -story attached
senior apartment buildings at the northeast corner of University and 37th Avenues. The total project
would include 170 units. The project, which would be considered senior independent living, would
contain mostly one - bedroom units, with additional two- bedroom units available.
The proposed project would be located on the two undeveloped lots that are part of the final phases of
the Huset Park development. Dominium Properties has also indicated interest in acquiring the final
undeveloped Huset Park parcel located on the southwest corner of the Huset Parkway roundabout. That
parcel would be held for future development. BNC Bank is currently the primary owner of all three
undeveloped lots.
Details for the proposed project, such as parking ratios, vehicular access points, stormwater retention
and landscaping would be finalized through the City's Site Planning process. Before that process would
begin, the developer would need to seek approval of an amendment to the Private Development
Agreement for Huset Park. The original proposal for this area included 51 additional townhomes to the
north, and 230 units of multi - family housing, as well as approximately 11,000 square feet of retail space,
to the south.
Market conditions have prevented further development from occurring in the Huset Park area in recent
years. However, Dominium believes that the area directly north of Northeast Minneapolis, along
University Avenue, is underserved by independent senior housing and believes that the development will
be very successful in this location.
Dominium has developed similar projects throughout the Twin Cities area, including two projects located
in the Silver Lake Village area of St. Anthony. Dominium has offered to organize a tour for EDA and
Planning /Zoning Commissioners through its project which is currently under construction along 39th
Avenue in St. Anthony.
Staff believes this project presents an opportunity to complete the Huset Park development with high -
quality senior housing, while partnering with the developer to install an entry monument into Columbia
Heights along University Avenue. Hogeboom explained that no action is required at this time. He then
introduced Ron Mehl, representative from Dominium Properties, who was present to discuss the
proposed senior housing development. Stacie Kvilvang, representative from Ehler's, was also present to
help address questions related to the financial impact of this proposed transaction.
17
EDA Minutes
Page 5
March 2, 2015
Presentation by Dominium:
Ron Mehl and Eric Omdahl of Dominium Apartments told the EDA that they are interested in
developing approximately 170 units of 55 +, tax credit housing at the northeast corner of the University
and 37th Avenues intersection. Mehl stated that this project would not qualify for Tax Increment
Financing, so Dominium asks that the EDA consider waiving park dedication fees as well as sewer and
water access charges.
Commissioner Schmitt stated that she felt the proposal is positive for the community, but she would
prefer to see a commercial element included at the intersection. Commissioner Szurek stated that she
believed the project will offer an option for seniors in the area, and that she appreciates the layouts and
storage spaces provided in the proposed units.
Commissioners Murzyn, Peterson and Williams stated that they felt the proposal would be beneficial
for the area. Commissioner Herringer stated that he believes Dominium has a positive reputation in the
community and that he feels they would bring forth a quality product. Commissioner Nawrocki stated
that he believes the project is too large for the site.
Mehl stated that they would likely approach the EDA to amend the Huset Park Development
Agreement to allow the project to move forward later in the spring. Following EDA approval, the
project would require Site Plan Approval by the Planning and Zoning Commission.
3. Branding Campaign Update-
Based on the feedback received after their last presentation Replace has designed a set of final logo designs
for the City to consider. Staff recommends the EDA select a preferred logo so Replace can complete
Phase 2 of their proposal.
Questions /Comments from members:
Commissioner Szurek stated that she likes the clock tower graphic, but suggests that the dots and other
unneeded elements be removed from the graphic. The group concurred with Szurek.
President Peterson stated that he prefers "Direction 1" in the handout, but that staff should re- evaluate
the proposed tagline. The current tagline is "Rediscover the Heights." Peterson suggested using a
different term, such as "City of Peace."
Staff will bring a final proposal to the EDA in April that identifies the preferred brand direction and
recommended taglines.
18
EDA Minutes
Page 6
March 2, 2015
OTHER BUSINESS
1. EDA Strategic Planning Guide
Hogeboom reminded members that in early 2014 the EDA participated in a group planning process,
facilitated by Ehler's, in which a Strategic Planning Guide was created. The plan identified 5 goals as
provided in the agenda packets. Staff would like to discuss the Strategic Planning Guide at the April
EDA meeting.
The next regular EDA meeting will be Monday, April 6, 2015 at City Hall at 6:30 pm.
The meeting was adjourned at 9:12 pm.
Respectfully submitted,
Joseph S. Hogeboom
Acting Secretary
19
ECONOMIC DEVELOPMENT AUTHORITY (EDA)
MINUTES OF THE MEETING OF
APRIL 6, 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, John Murzyn, Marlaine
Szurek, Gerry Herringer, and Bobby Williams (arrived at 6:35 pm).
Staff Present: Walt Fehst, Joseph Hogeboom, Loren Wickham, and Shelley Hanson.
PLEDGE OF ALLEGIANCE - RECITED
1. CONSENT ITEMS
1. Approve the Minutes from March 2, 2015. It was noted that they were not included in the
agenda packets so they will be approved at the May meeting.
2. Approve the Financial Report and Payment of Bills for February 2015 on Resolution 2015 -04.
Questions by Members:
Herringer asked what the payments to Carolyn Laine and Lighthouse Acquisitions were for.
Hogeboom stated the Laine payment was for a rebate for housing improvements and the
Lighthouse payment was for the 2014 annual tax abatement. He then asked what the revenue
amount of $25,500 was for. The members were told it was the 2014 administration/servicing fees
for Parkview Villa North.
Motion by Szurek, seconded by Herringer, to waive the reading of Resolution 2015 -04, there
being an ample amount of copies available to the public. All ayes. MOTIONPASSED.
Motion by Szurek, seconded by Schmitt, to approve Resolution 2015 -04 Approving the
Financial Statement and Payment of Bills for February 2015. All ayes. MOTIONPASSED.
EDA RESOLUTION 2015 -04
RESOLUTION OF THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY
(EDA) APPROVING THE FINANCIAL STATEMENT FOR FEBRUARY 2015 AND PAYMENT OF
BILLS FOR THE MONTH OF FEBRUARY 2015.
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
20
EDA MINUTES
Page 2
April 6, 2015
WHEREAS, the financial statement for the month of February 2015 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 forin 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 6th day of April, 2015
MOTION BY: Szurek
SECONDED BY: Schmitt
AYES: All ayes
President
Attest By:
Secretary
NEW BUSINESS
1. EDA Goals and Obiectives Discussion -
In early 2014, the EDA participated'in a group planning process, facilitated by Ehler's which
resulted in a Strategic Planning Guide. Staff thought this would be a good opportunity to
discuss the goals and objectives to ensure continued focus on those identified in the Plan.
Hogeboom reviewed the goals with the members and the progress that has been made thus far.
He said some of the target dates were a little ambitious, but staff continues to work on them.
21
EDA Minutes
Page 3
April 6, 2015
Hogeboom explained that Goal #1 (enhance City Image) has been addressed with the Branding
Campaign. He acknowledged that this project took longer than anticipated but the final design and logo
will be presented at the April 27a' City Council meeting. Hogeboom stated that staff attempted to
establish a neighborhood group which was part of Strategy #3, but found there were very few interested
participants. Nawrocki said the Police Dept. has had some success reaching out to defined
neighborhood areas and maybe that could be expanded by other departments. Hogeboom will discuss
this possibility with Police staff.
There was some discussion about publicity and the use of social media to promote city events. Schmitt
feels the City could do a better job with this. Hogeboom said some of this will be tweaked once the
branding and logo is approved. He said calendars are automatically being placed on Facebook now.
Goal #2 (determine location for City Library) — Hogeboom said this has been done. Use of the extra
land still needs to be determined. Nawrocki stated this may be difficult since the piece will be quite a
ways off Central so exposure is limited. Hogeboom agreed and said a lot will depend on whether
Heights Rental remains there or relocates.
Goal #3 (create redevelopment plan for Central Ave that will contribute to stability of businesses) — The
Jim McComb study accomplished some of the strategies. Fehst told members that Bob Streetar has
some students that are looking for a project to work on that would collect further data and then suggest
development plans that could work in the area. Hogeboom stated the new Open to Business program
that is provided by Anoka County also meets strategy #5. There was some discussion about strategy #6
and enforcement of the sign ordinance. Nawrocki commented about Jimmy's Pool Hall painted
storefront and how that is in violation of our ordinance and he thinks staff should enforce it even if it is
after the fact. Hogeboom said staff recently did a "sign blitz" along Central Avenue notifying owners
who are in violation mainly because of temporary signage issues.
Goal #4 (Housing programs and managing the number of rental properties) — Staff continues to work on
development of the vacant lots, establishing a plan for the Heritage Heights and Circle Terrace area
properties, and various housing assistance programs available to our residents. A new agreement for the
scattered site program will come before the members in May and staff will also provide information on
what other cities are doing in regards to Point of Sale Inspection programs.
Goal #5 (Invest in City infrastructure) — Hogeboom said the 2018 comprehensive Plan Update will
address a lot of these items.
Nawrocki stated he would like to see an analysis of the Plan indicating the percentage of what has been
accomplished thus far. Hogeboom said staff will work on that and provide a summary.
P4a
EDA Minutes
Page 4
April 6, 2015
2. Scattered Site Housing Program Update-
Wickham explained that the EDA approved a Scattered Site Housing Program in 2013. This Agreement
is expiring in May. The program consists of 3 components:
1. Master Listing Agreement: ReMax —Pete Heryla & John Rockwell Master. This document
is an agreement with the EDA and Pete Heryla and John Rockwell to list and market the lots for
sale currently at a sales price of $7,500 each.
2. Purchase and Redevelopment Agreement. This document is an agreement with the EDA and
Timbercraft Homes. A Purchase and Redevelopment Agreement is required for the sale of each
lot. This agreement determines the sales price, the model home type and completion date.
3.Model Homes. Timbercraft Homes currently provides 2 EDA approved models for buyers to
choose from.
Wickham told members there are some changes that could be made before renewing an agreement.
Some of the ideas staff was seeking feedback on are the following items:
• Staff recommends that we continue to utilize ReMax -Pete Heryla & John Rockwell as the listing
agents for the program.
• Staff recommends that ReMax reevaluate lot prices. Some may go up or down depending on
location.
• Staff recommends creating a set of design guidelines instead of 1 or 2 models. This would give
buyers more options to choose from.
• Staff recommends more flexibility for buyers to bring their own builder as long as they can meet
the design guidelines.
• Staff recommends continuing to require buyers to enter into a purchase and redevelopment
agreement.
*Staff recommends buyer to construct owner occupied single family housing and for buyers to sign
a 10 year deed restriction agreeing to that.
Staff is also looking into including additional lots the City and EDA own into the Scattered Sites
program. Staff will prepare a map outlining current lots in the program as well as lots to be added for
the EDA in May. 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.
Staff will have final documents and recommendations for you at the May 4th EDA meeting.
Questions /comments from members:
Members concurred that the project has been successful and they are happy with the finished product
of those constructed so far. They also were open to consider the suggestions made by staff to
encourage continued re- development of the remaining lots.
23
EDA Minutes
Page 5
April 6, 2015
6. Allocation of Funds to Rehab Incentive Program- Resolution 2015 -05
Staff requests that the Columbia Heights Economic Development Authority (EDA) authorize the
transfer of $525.00 of the allocated funding for the Columbia Heights Deferred Loan Program
objective over to the Rehab Incentive Program objective. To honor existing Rehab Incentive Program
applications that were submitted in 2014, an additional $525.00 is needed. The Deferred Loan
Program currently has a balance of $9,488.62. Both programs are currently funded through the
Capital Improvement Development Fund (420).
Questions from members:
Hogeboom explained there is no more money allocated for the rebate program to continue, so staff is
not taking any new applications, however, the amount being requested is to cover the rebates that
were in process. He also told members that funds are available to our residents through other entities
such as Anoka County and MN Housing Finance Agency, so we are referring people to them.
Motion by Williams, seconded by Nawrocki, to waive the reading of Resolution 2015 -05, there being
an ample amount of copies available. All ayes. MOTIONPASSED.
Motion by Williams, seconded by Szurek, to adopt Resolution 2015 -05, authorizing the Allocation of
$525 within Fund 420 from the Single Family Deferred Loan Program to the Single Family Rehab
Incentive Program. All ayes. MOTIONPASSED.
EDA RESOLUTION NO. 2015-05
A RESOLUTION AUTHORIZING THE ALLOCATION OF $525 WITHIN FUND 420 FROM THE
SINGLE FAMILY DEFERRED LOAN PROGRAM TO THE SINGLE FAMILY REHAB
INCENTIVE PROGRAM.
WHEREAS, the Economic Development Authority (EDA) established the Single Family Rehab Incentive
Program in 2007 to partially subsidize the cost of home remodeling improvements to qualified residents, and
WHEREAS, the EDA last authorized funds for the Rehab Incentive Prograin in May, 2012, and
WHEREAS, the Single Family Rehab Incentive Program was intended to sunset when funding ended, and
WHEREAS, to honor outstanding program applications, and additional $525.00 is needed to be allocated to
the program fund, and
WHEREAS, the Single Family Deferred Loan Program contains adequate funding to provide the final
transfer.
24
EDA Minutes
Page 6
April 6, 2015
NOW THEREFORE BE IT RESOLVED
The Economic Development Authority authorizes the allocation of $525.00 for the Rehab Incentive Program
from Fund 420 - Department 46409 (Single Family Deferred Loan Program) to Fund 420 - Department 46408
(Single Family Rehab Incentive Program).
Passed this 6t" day of April, 2015.
Offered by: Williams
Seconded by: Szurek
Roll Call: All ayes
President
Walter Fehst, Executive Director
OTHER BUSINESS
Hogeboom told members there are some staffing issues at Parkview Villa that Staff and CommonBond
are working on. The Manager and Asst. Manager have resigned since their jobs were going to be
terminated at the time of closing. Staff is working to amend ComimonBond's Contract to allow
an Aeon employee to start early with CommonBond still being the responsible parry for HUD
reporting and enforcement of HUD rules. Hopefully this amendment will be brought to the HRA
at the April 286' meeting. In the meantime, CommonBond has temps covering the office.
Hogeboom said the closing is still scheduled for May 15th
Hogeboom told members that there is currently an offer on the NE Business Center. The person
interested would like to turn the existing building into an entertainment venue for mid -size
concerts and corporate events. He is not seeking any financial assistance. Hogeboom said if he
moves forward with the purchase that the new use of the building will go before the Planning &
Zoning Commission as well as the City Council for approvals.
Hogeboom then passed out a handout from the recent North Metro Home and Garden Show that was
sponsored by the Cities of Blaine, Fridley, and Mounds View. He said Spring Lake Park and
New Brighton will be re joining and Columbia Heights has been invited to also join. Hogeboom
told members there is a $2,000 one -time fee to join which covers advertising expenses.
Hogeboom told members to think about whether they would like Columbia Heights to join in
this venture even though it is not held nearby. Nawrocki said he would not be in favor of doing
this and the other members said they would consider it at a later time.
25
EDA Minutes
Page 7
April 6, 2015
The next regular EDA meeting will be Monday, May 4, 2015 at City Hall at 6:30 pm.
The meeting was adjourned at 7:35 pm.
Respectfully submitted,
Shelley Hanson
Secretary
K
HOUSING & REDEVELOPMENT AUTHORITY
MINUTES OF THE MEETING
OF JANUARY 27, 2015
1. Call to order — The meeting was called to order by Chair Diehm at 7:00 pm.
2. Roll Call — Members present: Bruce Nawrocki, Gary Peterson, Donna Schmitt, John Murzyn Jr,
Tammera Diehm, and Rheta Nelson.
Staff Present: Community Development Director - Joseph Hogeboom, and Secretary- Shelley
Hanson.
CommonBond Staff- Laura Frost and Heidi Mindestrom
3. Pledge of Allegiance — Recited
4. Swearing in of New Members: Gary Peterson, Donna Schmitt, Tammera Diehm and John
Murzyn Jr. all took their oath of office.
5. Election of Officers:
Motion by Schmitt to nominate Diehm as Chair and Motion by Peterson to nominate Schmitt
as Vice Chair and Nawrocki as Secretary /Treasurer, seconded by Diehm, to elect officers as
nominated. All ayes. MOTIONPASSED. Therefore, officers are as follows:
Chair- Diehm
Vice Chair- Schmitt
Secretary /Treasurer- Nawrocki
CONSENT AGENDA
6. Approve Minutes of October 28, 2014.
7. Resolution 2015 -01: Approve Financial Reports and Payment of Bills for October,
November, and December 2015.
Questions from members:
Schmitt questioned how much the elevator project actually cost as payments were indicated on
the reports over several months. Frost said the actual cost was a little over $40,000.
CommonBond paid the contractor and Frost told members that she is waiting to receive the
capital grant funds that will reimburse the account. Schmitt then asked about the late fee that
was paid to the city for the water bill. Frost said the bills are sent directly to the accounting
firm they use to make payments. She said payments are usually made in a timely manner. She
will check with City staff to see how much lead time the accounting firm actually has to make
these payments.
Motion by Peterson, seconded by Schmitt, to approve items on the Consent Agenda as
presented. All ayes. MOTIONPASSED.
27
HRA Minutes
Page 2
January 27, 2015
HRA RESOLUTION 2015 -01
RESOLUTION OF THE COLUMBIA HEIGHTS HOUSING & REDEVELOPMENT
AUTHORITY (HRA) APPROVING THE FINANCIAL STATEMENT FOR OCTOBER,
NOVEMBER, AND DECEMBER, 2014 AND PAYMENT OF BILLS FOR THE MONTHS OF
OCTOBER, NOVEMBER, AND DECEMBER 2014
WHEREAS, the Columbia Heights Housing and Redevelopment Authority (HRA) 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 HRA's credits and assets and its outstanding liabilities; and
WHEREAS, said Statute also requires the HRA to examine the statement and treasurer's vouchers or
bills and if correct, to approve them by resolution and enter the resolution in its records; and
WHEREAS, the financial statement for the months of October, November, and December 2014 and
the list of bills for the months of October, November, and December 2014 are attached hereto and
made a part of this resolution; and
WHEREAS, the HRA has examined the financial statement and the list of bills and finds them to be
acceptable as to both form and accuracy.
NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of the Columbia Heights
Housing & Redevelopment Authority that it has examined the attached financial statements and list of
bills, which are attached hereto and made a part hereof, 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 list
of bills as presented in writing are approved for payment out of proper funds; and
BE IT FURTHER RESOLVED this resolution and attachments are to be made a part of the
permanent records of the Columbia Heights Housing & Redevelopment Authority.
Passed this 27th day of January, 2015.
MOTION BY: Peterson
SECONDED BY: Schmitt
AYES: All ayes
Chair
Attest by:
Shelley Hanson, Secretary
28
HRA Minutes
Page 3
January 27, 2015
BUSINESS ITEM
8. Resolution 2015 -02 Designation of Depository
Resolution 2015 -02, designates Northeast Bank as the depository for all Columbia Heights
HRA funds and authorizes signatories for accounts. This is an annual function approved at the
first meeting of the year.
Motion by Peterson, seconded by Murzyn, to waive the reading of Resolution 2015 -02 there
being ample copies available to the public. All ayes. MOTIONPASSED.
Motion by Peterson, seconded by Murzyn, to adopt Resolution 2015 -02 approving Northeast
Bank as the designated depository of funds for the Housing and Redevelopment Authority for
2015. All ayes. MOTION PASSED.
RESOLUTION NO. 2015-02
RESOLUTION DESIGNATING DEPOSITORY FOR THE COLUMBIA HEIGHTS HOUSING AND
REDEVELOPMENT AUTHORITY (HRA)
WHEREAS, the City of Columbia Heights Housing and Redevelopment Authority (herein referred to as the
"Corporation ") has entered into a Management Contract with Commonbond Housing (herein referred to as
"Management Company "), dated January 23, 2008, and amended on November 9, 2009 and extended on
October 25, 2011 and January 22, 2013, and January 28, 2014 and January 27, 2015, and
WHEREAS, by Minnesota Statutes the Corporation must establish a depository agency, and
WHEREAS, the Corporation desires to have as authorized signatures both officers of the Corporation and the
Management Company.
IT IS HEREBY RESOLVED, that Northeast Bank, is hereby designated as a depository of the funds of this
corporation.
IT IS FURTHER RESOLVED, that checks, drafts, or other withdrawal orders issued against the funds of this
corporation on deposit with said bank shall be signed by at least two of the following:
HRA Executive Director
Management Company CEO
Management Senior Vice President
Management Director of Administration
And that said bank is hereby fully authorized to pay and charge to the account of this Corporation any checks,
drafts, or other withdrawal orders.
W
HRA Minutes
Page 4
Jan 27, 2015
BE IT FURTHER RESOLVED, that the Northeast Bank, is designated depository of the Corporation and it is
hereby requested, authorized and directed to honor checks, drafts or other orders for the payment of money
drawn in this Corporation's name, including those drawn to the individual order of any person or person whose
name or names appear thereon as signer or signers thereof, when bearing or purporting to bear the facsimile
signatures of at least two of the following:
Management Company CEO
Management Company Senior Vice President
Management Company Director of Administration
And that Northeast Bank shall be entitled to honor and to charge this Corporation for all such checks, drafts or
other orders, regardless of by whom or by what means the facsimile signature or signatures thereon may have
been affixed thereto, if such facsimile signature resembles the facsimile specimens duly certified to or filed with
the Bank by the City Clerk or other officer of this Corporation.
BE IT FURTHER RESOLVED, that any and all resolutions heretofore adopted by the Corporation and
certified to as governing the operation of the Corporation's account(s) with it, be and are hereby continued in
full force and effect, except as the same may be supplemented or modified by the foregoing part of this
resolution.
BE IT FURTHER RESOLVED, that all transactions, if any relating to deposits, withdrawals, re- discounts and
borrowings by or on behalf of this Corporation with said bank prior to the adoption of this resolution be, and the
same hereby are, in all things ratified, approved and confirmed.
BE IT FURTHER RESOLVED, that any bank or savings and loan located in the State of Minnesota may be
used as depositories for investment purposes so long as the investments comply with authorized investments as
set forth in Minnesota Statutes.
BE IT FURTHER RESOLVED, that any brokerage Finn located in the State of Minnesota may be used as a
depository for investment purposes so long as the investments comply with the authorized investments as set
forth in Minnesota Statutes.
Passed this 27`x' day of of January, 2015.
Offered by: Peterson
Seconded by: Murzyn
Roll Call: All ayes
Chair
Shelley Hanson- Secretary
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January 27, 2015
9. Sale Update /Aeon Presentation
Hogeboom told members that Miranda Walker from Aeon was present to update members on
the purchase of Parkview. He said that she recently held a meeting for the residents to keep
them up to date on the progress.
Walker then told members that the closing should take place between May 1St -15th. Final
negotiations are taking place over equipment such as computers, copiers, printers, etc. Aeon is
also working out the final financing and reports to state agencies required to close. Attorneys
are working on easements and agreements in regards to the Antennas located on the roof of
Parkview. Documentation is also being prepared for the transition. Aeon is working with
Metro HRA to make the transition as smooth as possible. They will be meeting with each
resident individually to make sure everything is in order according to HUD requirements.
She explained the Voluntary Conversion has been approved and that process is what held
things up for so long. The items listed above could not proceed until the conversion was
approved.
Nawrocki questioned what happens to the antennas on the roof. Walker explained that the City
will have access to the antennas and will retain the lease and fees from them for a period of
time. They are currently working on an easement and legal agreements to solidify this.
A resident asked what remodeling or projects Aeon would undertake first. He said he believes
heating and window replacement should be the first items to consider. Walker stated she said
believes major work will take place during the first year of Aeon owning the building.
Windows are among the top priorities and they will be more efficient and some may have
tinting if deemed appropriate. The resident asked if Aeon has enough money to purchase the
building and to do the renovations that soon. Walker responded that Aeon has built these costs
into the financing they are obtaining. She explained that Aeon has access to funds that the City
or HUD don't necessarily have
10. Resolution 2015 -03 Extension of Management Contract with CommonBond
Housing
Hogeboom explained that the current contract with CommonBond expires February 1,
2015. When the last contract was approved it was anticipated that the sale of the
property would have closed sometime during 2014. Due to issues with U.S. Dept of
HUD the sale was pushed back. Therefore, staff is recommending an extension be
approved until July 31, 2015 since the anticipated closing date is now May 2015. The
City /HRA can give a 60 day notice to terminate the contract when the sale date is
actually set. CommonBond Housing is needed to continue managing and operating
while the HRA is still the owner of the property since there are certain HUD reporting
requirements for public housing that Aeon is not able to fulfill. Hogeboom noted that
there is no increase in cost from the old- agreement.
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Jan. 27, 2015
Motion by Peterson, seconded by Nawrocki, to waive the reading of Resolution 201 5 -03
approving the extension of the Management Agreement with CommonBond Housing for
Parkview Villa North and South. All ayes. MOTION PASSED.
Motion by Peterson, seconded by Nawrocki, to adopt Resolution 2015-3, being a
resolution of the Housing and Redevelopment Authority in and for the City of Columbia
Heights, approving an extension to the Management Agreement for Parkview Villa
North and South and authorizing the Chairperson and executive Director of the HRA to
execute the contract. All ayes. MOTIONPASSED.
HRA RESOLUTION NO. 2015-03
RESOLUTION APPROVING SIX -MONTH EXTENSION TO
MANAGEMENT AGREEMENT FOR PARKVIEW VILLA NORTH
AND SOUTH WITH COMMONBOND HOUSING
BE IT RESOLVED BY the Board of Commissioners ('Board ") of the Columbia Heights Housing and
Redevelopment Authority (the "Authority ") as follows:
Section 1. Recitals.
1.01. The Authority previously entered into a Management Agreement dated February 1, 2008 (the
"Agreement ") with CommonBond Housing (the "Agent') for the management of a housing facility known as
Parkview Villa North and South (the "Property").
1.02. The original term of the Agreement has expired, and the Authority has previously entered into four
one -year extensions of the Agreement, the latest of which terminates on January 31, 2015.
1.03. The parties have agreed to an additional six -month extension of the Agreement (the
"Extension "), to allow for continued management of the Property by the Agent until the Property is conveyed to
a third party, which conveyance is expected to take place in May, 2015.
Section 2. Extension Approved.
2.01. The Extension as presented to the Board is hereby in all respects approved, subject to
modifications that do not alter the substance of the transaction and that are approved by the Chair and Executive
Director, provided that execution of the Extension by such officials shall be conclusive evidence of approval.
The Chair and Executive Director are hereby authorized to execute, on behalf of the Authority, the Extension.
Adopted by the Board of Commissioners of the Columbia Heights Housing and Redevelopment
Authority, this 27th day of January, 2015.
Chair
ATTEST:
Secretary
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January 27, 2015
11. Resolution 2015 -04 Approving Public Housing Authority Plan
The U.S. Dept of HUD requires that housing authorities approve an annual Resolution that certifies that
the agency is in compliance with the Public Housing Agency Plan. This is a 5 year plan and it should be
the last time we have to submit this. No modernization funds were included in the report due to the sale
of the property. However, it is still required that we submit the report since the closing has not yet taken
place. The Public Housing Agency Plan was formally advertised and held for public review (with no
comments) for the statutory period of time. Staff recommends approval of the Plan.
Nawrocki asked if we used up all the previously approved modernization funds. Frost told him that we
are still waiting for payments for the elevator project and that there should be about $40,000 left of
those funds. Hogeboom asked if Nawrocki was wondering if any money was being left unused or on
the table, and he said that staff is working with Aeon to identify some small projects that could be done
to use the remaining funds prior to the closing.
Motion by Peterson, seconded by Nawrocki, to waive the reading of Resolution 2015 -04 there being
ample copies available to the public. All ayes. MOTIONPASSED.
Motion by Peterson, seconded by Nawrocki, to adopt Resolution 2015 -04 being a Resolution of the
Columbia Heights Housing and Redevelopment Authority (HRA) confirming approval of the 2015
Public Housing Agency Certifications of Compliance with the PHA Plans and Related Regulations. All
ayes. MOTION PASSED.
HRA RESOLUTION 2015 -04
RESOLUTION OF THE COLUMBIA HEIGHTS HOUSING & REDEVELOPMNET
AUTHORITY (HRA) CONFIRMING APPROVAL OF THE 2015 PUBLIC HOUSING
AGENCY CERTIFICATIONS OF COMPLIANCE WITH THE PHA PLANS AND RELATED
REGULATIONS.
WHEREAS, The Department of the Housing and Urban Development has requested that
Public Housing Agencies submit a Certification in regard to Public Housing Agency Compliance with
the PHA Plans and related Regulations; and
WHEREAS, the 2015 PHA Plan was published for review and comment in the local newspaper
and is located at the local Public Library, administrative offices of the PHA, and the PHA development
management office.
WHEREAS, such Certification also requires the formal approval of the Board of
Commissioners;
NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of the Columbia
Heights Housing & Redevelopment Authority that the attached (Appendix) Public Housing Agency
Certifications of Compliance with the PHA Plans and related Regulations is hereby approved.
ADOPTED THIS 27th day of January, 2015.
MOTION BY: Peterson
SECONDED BY: Nawrocki
ROLL CALL: All Ayes
Chair
Executive Director - Walter R. Fehst
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Jan. 27, 2015
12. Report of Management Company
Frost stated they had filed an operating subsidy request that is required by HUD.
CommonBond stated they have been drawing these funds down quarterly during the last couple
years in anticipation of the pending sale so not much would have to be repaid at the time of
closing.
Frost also stated that a HUD required inspection will be done March 10'. The goal is to score
90+ out of 100. Staff is working on items to ensure a good score.
Mindestrom reviewed the vacancy stats with the members. Nawrocki asked why they are
having a hard time filling the units. Mindestrom said that from January 2014 through the
current date that 31 applications had been received but that only 9 of those were approved. He
wanted to know what things would prevent a person from being approved. Mindestrom said a
variety of issues such as unfavorable previous rental history, non - payment of rent, criminal
history, etc.
13. Resident Council Update
Hogeboom told members that they didn't have a report from the Resident Council since the
secretary had resigned. He said a special election is being held for the position on Tuesday,
February 3rd from 10 am – 2 pm. Two interested parties have put their names in the hat thus far.
He said whoever takes the position will not have to do it for long or provide reports to the city
once the sale takes place, unless the Council continues under Aeon's ownership.
14. Citizen Forum
Diane Kucher #911--questioned the timeframe for voting. Hogeboom reiterated it would
take place from 10 am to 2 pm on Feb. 3rd
Diana Kruger #217 — stated she works and wouldn't be available to vote during that
timeframe. Hogeboom said he would try to arrange for absentee ballots for those that can't
make it during the designated timeframe.
15. Administrative Update
Hogeboom stated that staff is investigating what role the HRA will play once the sale goes
through. Joe will provide that information to the Commissioners later. He said HUD may
require ongoing reports which may necessitate commission action even after the sale is
complete as it will be taking place mid -year.
He also reminded members that special meetings may have to be called prior to the actual
closing taking place. He said he would try to schedule these prior to other City Council
meetings whenever possible so it doesn't interfere with members' schedules too much.
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Jan. 27, 2015
Diehm said the next regular meeting is scheduled for April 28, 2015 although there may be other
special meetings called if needed prior to the closing of the sale.
The meeting was adjourned at 7:40 pm.
Respectfully submitted,
Shelley Hanson, Secretary
35
DRAFT MINUTES OF
PLANNING AND ZONING COMMISSION
MAY 5, 2015
7:00 PM
The meeting was called to order at 7:00 pm by Chair Marlaine Szurek.
New members Connie Buesgens and Stan Hoium were sworn in and welcomed.
Commission Members present- Buesgens, Fiorendino, Hoium, Lee, and Szurek.
Also present were Elizabeth Holmbeck (Planner), and Shelley Hanson (Secretary) along with Council
Liaison, John Murzyn.
Motion by Fiorendino, seconded by Buesgens, to approve the minutes from the meeting of March 3,
2015. All ayes. MOTIONPASSED.
PUBLIC HEARINGS
CASE NUMBER:
2015 -0501
APPLICANT:
HGA Architects & Eng
LOCATION:
3939 Central Ave NE
REQUEST:
Site Plan Approval
HGA Architects and Engineers, on behalf of the City of Columbia Heights, have requested Site Plan
Approval for the property located at 3939 Central Ave. NE. The City is proposing to construct a new
municipal library facility on the property. Financing consideration for the construction of the library
was approved by Columbia Heights residents through referendum in the 2014 general election.
In the mid- 2000's, the Columbia Heights Economic Development Authority (EDA) acquired the
north parcel of the subject site, which contained a former Burger King restaurant. The building was
subsequently demolished. In the early 2010's, the EDA acquired the south parcel of the site, which
contained a retail building that most recently housed a Salvation Army store and Mady's Bowling
Alley. Demolition of that structure concluded in 2014.
In early 2015, the City hired HGA Architects as the project architect and civil engineer through a
competitive process. HGA staff, city staff, and a citizen planners group entitled the Library Design
Task Force (LDTF) have been working since January to create plans for the new one - story, 22,600
square foot building. HGA prepared a narrative of the project, which details the various components
of the building.
ZONING ORDINANCE
The property located at 3939 Central Ave. NE is located in the Central Business (CB) Zoning
District. The properties to the north, south and west are located in the Central Business (CB) Zoning
District and the properties to the east are located in R -3 Multiple Family Residential Zoning District.
A library is an appropriate use in the Central Business District.
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COMPREHENSIVE PLAN
The Comprehensive Plan guides this area as Commercial. The proposed Library is consistent with
the City's Comprehensive Plan.
DESIGN GUIDELINES
The subject property is located within the Design Guideline Overlay District, and is governed by the
"Central Avenue" standards within the Design Guidelines. The intent of the Design Guidelines is to
make the City more aesthetically appealing, by requiring a set of minimum standards for new
construction along Central Avenue and 40th Avenue. The minimum standards were created by a task
force of City Officials, business owners and residents, and adopted into the City Code by the City
Council.
The following standards are specific design requirements for the Central Business District:
1. Building Placement
Buildings in the Central Business District are to have well defined front facades with a
primary entrance that faces the street. The proposal achieves this requirement by creating a
prominent front fagade along Central Ave, occupying 60 percent of the property frontage.
2. Primary Facades and Roof
Buildings in the Central Business District should have a well- defined base, middle and top on
the front facing fagade. This can be achieved by change in building materials, window size,
etc. Although the proposed building is only one floor, the building is broken up by different
colored siding materials, as well as prominent windows and doors which face Central Avenue.
Roofs in the Central Business District are to be flat, and articulated with detailed cornices or
parapets. The proposed building will have a flat roof.
3. Building Width and Facade Articulation
If a building in the Central Business District exceeds 40 feet in width, it must be articulated
into smaller increments. The proposed building achieves this requirement by interchanging
building material types, and by the use of windows and doors.
4. Building Height
All buildings in the Central Business District must have a minimum cornice height of 22 feet.
The proposed building will achieve this requirement for the majority of the building.
However, the south elevation will be 20 feet, due to over 6 feet of grade changes in the slope
of the land parallel to Central Avenue.
Window and Door Openings
In the Central Business District, window and door openings must comprise at least 30 percent
of the area of the ground floor of the primary street facade. Approximately 75 percent of the
proposed building's front facing fagade is comprised of windows and doors.
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6. Building Materials and Colors
Buildings in the Central Business District are encouraged to have facades with neutral or
muted colors. The proposed building will be sided with earth tone - colored materials, thereby
achieving this requirement.
The building facade consists of brick as a primary material type. As we have consistently
done in new public buildings and artwork, limestone will also be integrated into the fagade as
an identity for public buildings. As a contrast, darker colored aluminum panels will be placed
vertically between the windows on the Central Avenue fagade.
The primary exterior wall will be an Ambassador Brick (16" x 2'/4" x 4 ") or Norman (12" x 2
'/4" x 4 ") on a steel stud back -up wall. A secondary wall system of metal panels with steel stud
back -up wall will occur in certain areas. The metal panel may have a pattern and texture to
add visual interest to the simple repetitive forms of the exterior of the building.
7. Signage
Signage will be addressed when the applicant applies for a Sign Permit. Signage must be
consistent with Design Guidelines and with City Code.
SITE PLAN
1. Parking
The proposed plan identifies 53 parking stalls for the new Library. Staff believes this number
is adequate, and meets minimum zoning requirements. Depending on future development of
adjacent sites, additional parking could be added in the future.
2. Access
Access to the site will be provided via a "right -in, right -out" access point along Trunk
Highway 65, south of the proposed building. Full site access will be provided on 39th Avenue,
east of Heights Rental. Minnesota Department of Transportation (MnDOT) regulations
prevent the creation of a left turn lane into the site from southbound Trunk Highway 65.
3. Landscape
Landscaping materials are shown on the attached Site Plan. Trees will be incorporated
throughout the property and a vegetative drainage feature will be installed on the north side of
the site. The City is working in coordination with the Mississippi Watershed Management
Organization (MWMO) to achieve environmental best management practices on the site.
4. Building Layout
To reinforce the pedestrian - oriented downtown, the longer length of the building extends
along Central Ave with an entry on Central into the lobby. A second entry into the lobby is
accessed from the parking (east) side. From the lobby, there will be a single controlled entry
north into the library. The community meeting room is also accessible from the lobby on the
south side and the overall entrance arrangement allows the meeting room to be used during
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May 5, 2015
the off hours of the library. The main group of public restrooms will also be located in the
lobby to provide access during all hours that the facility is in use.
The exterior east and west walls of the lobby and library are positioned under the roof line of
the building resulting in cover over the entries. In this way, the roof plane acts as a major
visual and spatial design element for the project. Spanning overhead like a horizontal plane,
the roof "welcomes" people into the building by providing cover and a sense of the
indoor /outdoor connection at the transition; and it shades west and east - facing windows to
control glare and heat gain in the summer. Also, by extending the west wall under the roof
line at the entry, additional space between the front door and the street provides a buffer from
busy traffic, and room to stand/sit outside. The act of entering the building becomes an
important part of the experience of the library.
FINDINGS OF FACT
Section 9.104 (N) of the Zoning Ordinance outlines four findings of fact that must be met in order for
the City to approve a site plan. They are as follows:
a. The site plan conforms to all applicable requirements of this article.
The site plan meets all applicable Design Guidelines for the property. The Zoning Code requirements
are achieved.
b. The site plan is consistent with the applicable provisions of the City's Comprehensive Plan.
The Comprehensive Plan guides this area as Commercial. The proposed plan for the property is
consistent with the intent of the Comprehensive Plan.
c. The site plan is consistent with any applicable area plan.
There is no area plan for this portion of the city.
d. The site plan minimizes any adverse impacts on property in the immediate vicinity and the
public right -of -way.
The proposed plan for the new municipal library building meets all the minimum setback
requirements and all Design Guideline requirements. Therefore, the properties in the immediate
vicinity of the proposed development should not be adversely impacted.
Questions /comments from members:
Holmbeck and Kevin Hansen were present to answer questions regarding the Site Plan.
Buesgens asked if there will be a space for bike racks. Hansen told her yes.
Hoium questioned not having a left hand turn into the property off Central Avenue. Hansen
responded that they will have one driveway coming in off Central Avenue but due to the location of
the median, there will not be a left turn access for those coming from the north. Hansen went on to
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May 5, 2015
explain that MN DOT will not allow another driveway or for changes to the median. So all traffic
coming from the north will have to take a left turn on 39th Avenue and use the entrance off 39th. He
explained this is a State Aid road so it is constructed for a heavier traffic flow already. Hoium then
asked if buses will be able to navigate around the parking lot. Hansen said it has been designed so
garbage trucks will be able to access the garbage area on the NE side of the building, and that school
buses will be able to navigate the lot. He was unsure whether- coach type buses could actually
navigate the parking lot since their turning radius is different from a school bus.
Fiorendino asked about storm water management on the site. Hansen explained that storm water
management will be designed with the whole site in mind even though not all of it is being developed
now. Hansen reviewed the drainage plan with the members including the rain garden areas and
where the drainage basin would be located. He also addressed the 28 -30 foot buffer between the
Heights Theater parking lot and the Library building itself. Green space and trees will be used there
as well as along the east property line rather than fencing.
Fiorendino asked if all the site clean -up has been done. Hansen told members that soil borings have
been done and it has been determined that the area is an old dump site that holds mostly construction
debris and some regular municipal waste to a depth of about 27 feet. The City is working with the
PCA to get a RAP Plan approved which would allow removing and replacing soils 2 -4 feet down and
then capping the entire site with a barrier before construction of the building. He also said that
approximately 100 pilings will be needed to a depth of 30 -80 feet under the building to support the
structure.
Hansen told members that another Public Meeting will be held at the Public Safety Building on May
20"' from 6 -8 pm which will review the Design of the facility and provide information to the public.
Public Hearing_ Opened.
No one wished to speak on this issue.
Public Hearing Closed.
Motion by Fiorendino, seconded by Lee, to waive the reading of Resolution No. 2015 -PZOl, there
being ample copies available to the public. All ayes. MOTION PASSED.
Motion by Fiorendino, seconded by Buesgens, to adopt Resolution No. 2015 -PZ01, being a
resolution approving the site plan for the new municipal library to be located at 3939 Central Avenue
NE., subject to the following conditions:
1. The property line that separated the former Burger King and Mady's Bowl properties must be
removed prior to the issuance of the Certificate of Occupancy.
All ayes. MOTION PASSED.
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May 5, 2015
RESOLUTION NO.2015 -PZ01
RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN
FOR THE CONSTRUCTION OF THE NEW MUNICIPAL LIBRARY LOCATED AT 3939
CENTRAL AVENUE NE.
WHEREAS, a proposal (Case #2015 -0501) has been submitted by HGA Architects and Engineers on behalf
of the City of Columbia Heights, to the Planning and Zoning Commission requesting site plan approval from
the City of Columbia Heights at the following site:
ADDRESS: 3939 Central Avenue NE
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site plan approval for the
construction of a new municipal library to be located at 3939 Central Avenue NE.
WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on May
5, 2015;
WHEREAS, the Planning and Zoning Commission has considered the advice and recommendations of the
City staff 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 Planning and Zoning Commission of the City of
Columbia Heights after reviewing the proposal accepts and adopts the following findings:
1. The site plan conforins to all applicable requirements of this article.
2. The site plan is consistent with the applicable provisions of the city's comprehensive plan.
3. The site plan is consistent with any applicable area plan.
4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public
right -of -way.
FURTHER, BE IT RESOLVED that the attached conditions, inaps, and other information shall
become part of this site plan and approval; and in granting this site plan the city and the applicant agree that
this site plan approval 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 pen-nit.
CONDITIONS ATTACHED:
1. The property line that separated the former Burger King and Mady's Bowl properties must be
removed prior to the issuance of the Certificate of Occupancy.
Passed this 5U' day of May, 2015
Offered by: Fiorendino
Seconded by: Buesgens
Roll Call: All ayes
Marlaine Szurek, Chair
Attest:
Shelley Hanson, Secretary
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May 5, 2015
CASE NUMBER: 2015 -0502
APPLICANT: Jerold Lemire
LOCATION: 3828 Quincy Street NE.
REQUEST: Variance request
At this time Jerold Lemire, is requesting a Variance for a proposed accessory structure (garage), and
addition to the principal structure (house) at 3828 Quincy Street NE.
1) Waiver to Section 9.106 (C) (1) (c)- allowing an accessory structure (detached) to be located
next to a principal structure. City Code states that accessory structures must be located behind
the principal structure.
2) Waiver to Section 9.109 (C)- allowing an addition to the principal structure to be located within
4 feet of the side property line. City Code states that the side yard setback for the property is 5
feet.
COMPREHENSIVE PLAN
The Comprehensive Plan designates this area for low density residential. Being that the proposed
accessory structure and addition would be for the existing house on the property, the Variance request
is consistent with the types of uses guided for this area.
ZONING ORDINANCE
The property located at 3828 Quincy Street NE is zoned R -3 Multiple Family Residential, as are the
properties to the north, south and east. The properties to the west are located in the I -1 Industrial
District.
FINDINGS OF FACT (Variances)
Section 9.104 (G) of the Zoning Ordinance outlines five conditions that must be met in order for the
City Council to grant Variances. They are as follows:
a) Because of the particular physical surroundings, or the shape, configuration, topography,
or other conditions of the specific parcel of land involved, strict adherence to the
provisions of this article would cause undue hardship.
The parcel at 3828 Quincy Street NE. does not have alley way access and as such poses
difficulties for the property owner to erect a garage behind the principal building.
Building an attached garage would be costly for the homeowner. The homeowner wishes
to build the addition along the same building line as the existing structure for aesthetic
reasons.
b) The conditions upon which the variances are based are unique to the specific parcel of
land involved and are generally not applicable to other properties within the same zoning
classification.
This is correct.
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May 5, 2015
C) The difficulty or hardship is caused by the provisions of this article and has not been
created by any person currently having a legal interest in the property.
This is correct.
d) The granting of the variance is in harmony with the general purpose and intent of the
comprehensive plan.
This is correct.
e) The granting of the variance will not be materially detrimental to the public welfare or
materially injurious to the enjoyment, use, development or value of property or
improvements in the vicinity.
This is correct.
Staff recommends approval of the Variance for an accessory structure, and addition to the primary
structure to be located at 3828 Quincy Street NE.
Questions /Comments from members:
Hoium asked if a detached garage has to be behind the house. Holmbeck said yes, attached garages
are a different matter.
Fiorendino asked if the existing driveway would continue to be used. Holmbeck said it would stay
and the curb cut would not change. She explained that he will add a corner piece for better
access.
Lee asked if he was exceeding the allowed percentage of lot coverage. Holmbeck told members that
he still is under the maximum percentage.
Hoium asked if neighboring properties had been notified of his request. Holmbeck stated that notices
are sent out to people within 350 feet of the affected property and that a notice is also published
in the newspaper.
Public Hearing_ Opened.
No one wished to speak on this issue.
Public Hearing Closed.
Motion by Fiorendino, seconded by Lee, to close the public hearing and waive the reading of
Resolution 201 5 -32, there being ample copies available to the public. All ayes. MOTION
PASSED.
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May 5, 2015
Motion by Fiorendino, seconded by Lee, that the Planning Commission recommends that the City
Council approve the Resolution No. 2015 -32 approving Variances for the property located at 3828
Quincy Street NE.,
9) Waiver to Section 9.106 (C) (1) (c)- allowing an accessory structure (detached) to be
located next to a principal structure.
2) Waiver to Section 9.109 (C)- allowing an addition to the principal structure to be located
within 4_feet of the side property line.
All ayes. MOTIONPASSED.
The following Resolution will go to the City Council at the meeting of May 11, 2015.
RESOLUTION NO. 2015 -32
RESOLUTION APPROVING A VARIANCE
FROM CERTAIN CONDITIONS
OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE
FOR 3828 QUINCY STREET NE.
WHEREAS, a proposal (Case # 2015 -0502) has been submitted by Jerold Lemire to the City Council
requesting a variance from the City of Columbia Heights Zoning Code at the following site:
ADDRESS: 3828 Quincy Street NE.
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING RELIEF:
1) Waiver to Section 9.106 (C) (1) (c)- allowing an accessory structure (detached) to be located next
to a principal structure.
2) Waiver to Section 9.109 (C)- allowing an addition to the principal structure to be located within 4
feet of the side property line.
WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on May
5, 2015;
WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission
regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its
Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and
risk to public safety, in the surrounding area;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the
City Council accepts and adopts the following findings of the Planning Commission:
1. Because of the particular physical surroundings, or the shape, configuration, topography, or other
conditions of the specific parcel of land involved, strict adherence to the provisions of this article
would cause practical difficulties in confonning to the zoning ordinance. The applicant, however,
is proposing to use the property in a reasonable manner not permitted by the zoning ordinance.
2. The conditions upon which the variance is based are unique to the specific parcel of land involved
and are generally not applicable to other properties within the same zoning classification.
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P & Z Minutes
Page 10
May 5, 2015
3. The practical difficulties are caused by the provisions of this article and have not been created by
any person currently having a legal interest in the property.
4. The granting of the variance is in hannony with the general purpose and intent of the
Comprehensive Plan.
5. The granting of the variance will not be materially detrimental to the public welfare or materially
injurious to the enjoyment, use, development or value of property or improvements in the vicinity.
FURTHER, BE IT RESOLVED, that the attached plans, maps, and other information shall become part of
this variance and approval; and in granting this variance the city and the applicant agree that this variance 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 pen-nit.
CASE NUMBER: 2015 -0503
APPLICANT: Eric Simonson
LOCATION: 141743 rd Avenue NE.
REQUEST: Minor Subdivision
At this time, Eric Simonson is requesting a Minor Subdivision per City Code Section 9.104 (K), for
the property located at 1417 43rd Avenue NE. The applicant wishes to split the existing lot into two
single family residential lots. There are currently two attached condos existing on the lot. The condos
are separated by two, one -hour rated assemblies (fire wall). Both the City Building Official and the
City Fire Chief have reviewed the application for Minor Subdivision and added a condition of
approval, that the fire wall must be maintained in the present state. The applicant wishes to split the
lot and change the property description. The applicant prepared a narrative (attached) detailing the
reason for this request.
COMPREHENSIVE PLAN
The Comprehensive Plan guides this area for residential use, which is proposed for this site.
ZONING ORDINANCE
The property is zoned R -2A, one and two - family residential as are the properties to the north and
west. The properties to the east and south are zoned R -1, single family residential.
FINDINGS OF FACT (Minor Subdivision)
Section 9.104 (K) of the Zoning Code outlines specific conditions in order for the City Council to
approve a minor subdivision. They are as follows:
1. The proposed subdivision of land will not result in more than three lots.
The proposed subdivision will result in two lots.
2. The proposed subdivision of land does not involve the vacation of existing easements.
No vacation of existing easements will occur as a result of the minor subdivision.
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P & Z Minutes
Page 11
May 5, 2015
3. All lots to be created by the proposed subdivision conform to lot area and width requirements
established for the zoning district in which the property is located.
The lots will conform to the lot width and lot area requirements
4. The proposed subdivision does not require the dedication of public rights -of -way for the
purpose of gaining access to the property.
This is correct.
5. The property has not previously been divided through the minor subdivision provisions of this
article.
This is correct.
6. The proposed subdivision does not hinder the conveyance of land.
This is correct.
7. The proposed subdivision does not hinder the making of assessments or the keeping of
records related to assessments.
This is correct.
The proposed subdivision meets all of the design standards specified in Section 9.114.
This is correct.
Staff recommends that the Planning and Zoning Commission approve the proposed minor
subdivision for the property located at 1417 43rd Avenue NE.
Questions /comments from members:
Szurek stated she questioned how this was allowed to be built in the first place based on the
topography and access issues to the property. She questioned how 1415 will access their garage since
there is only one entry point to both properties. Holmbeck explained a recorded driveway easement
to allow access to "Parcel A" is required to be filed with Anoka County. That way anyone living in
Parcel A will have the right to cross Parcel B to access their garage area.
Members had a discussion with the current owner regarding his reasons for making this request.
Simonson explained that he has found it difficult to get financing on this property since it is classified
as condo units, but the proper condo association documents were never recorded. If it is re-
established as a twin home with separate legal descriptions it will be easier to sell, get financing on,
and will increase the property value on these parcels as well as those in the surrounding area.
Holmbeck stated the City Attorney has reviewed this request and saw no reason to deny the request.
She also told members that this matter will go before the City Council at the May 11 d' meeting where
the City Attorney will be present to answer any questions there may be.
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P & Z Minutes
Page 12
May 5, 2015
Public Hearing Opened.
Allie Monahan of 4314 McLeod St said the south side of her property butts up against the north side
of this property. She said she has a problem with the current owner regarding his lack of
maintenance of the property. She continually has to cut 5 ft growth of weeds, thistle, and long grass
along the property line because he only cuts his lawn when the Fire Department threatens him with a
Contractor doing it at his expense. This means he cuts it approximately 2 or 3 times a year. She
requests that he become a responsible landowner and be considerate of his neighbors. Monahan
thinks he should be required to mow his lawn and keep up the property.
Holmbeck stated that is a property maintenance issue that is enforced by the Fire Dept. Monahan
said she has called them on numerous occasions but it hasn't been effective. Szurek sympathized
with her and encouraged her to keep calling until he gets a citation or incurs charges for the City to
MOW.
There was a discussion about what public benefit there is to approving this request. It was decided
that by approving the request it more accurately reflects the actual construction and use of the
property since it isn't a "typical Condo" setup which would require an association to be established.
Szurek said she thinks it would benefit the property owner and future owners by making it easier to
sell and to obtain financing for that purpose.
Public Hearing Closed.
Motion by Lee, seconded by Hoium, to wave the reading of Resolution No. 2015 -34, there being
ample copies available to the public. All ayes. MOTIONPASSED.
Motion by Lee, seconded by Buesgens, that the Planning and Zoning Commission recommends the
City Council approve the minor subdivision of the property located at 1417 43rd 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 applicant shall be responsible for filing the approved subdivision survey and
driveway easement with the Anoka County Recorder's Office. The approved minor
subdivision will become invalid if the subdivision is not filed with the Anoka County
recorder's Office within one year of the date of City Council action.
2. The fire separation walls must be maintained in the present state.
The following Resolution will go to the City Council at the May 11, 2015 meeting.
47
P & Z Minutes
Page 13
May 5, 2015
RESOLUTION NO. 2015-34
RESOLUTION APPROVING A MINOR SUBDIVISION FOR 1417 43rd AVENUE NE. COLUMBIA
HEIGHTS
WHEREAS, a proposal (Case #2015 -0503) has been submitted by Eric Simonson to the City Council
requesting Minor Subdivision approval from the City of Columbia Heights at the following site:
ADDRESS: 1417 43rd Ave. NE.
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING: A Minor Subdivision for the property located at
1417 43rd Avenue NE.
WHEREAS, the Planning and Zoning Commission has held a public hearing as required by the City Zoning
Code on May 5"', 2015;
WHEREAS, the Planning and Zoning Commission has considered the advice and recommendations of the
City staff regarding the effect of the proposed Minor Subdivision upon the health, safety, and welfare of the
community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic,
property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and
NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of the City of
Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following
findings:
1. The proposed subdivision of land will not result in more than three lots.
2. The proposed subdivision of land does not involve the vacation of existing easements.
3. All lots to be created by the proposed subdivision conform to lot area and width requirements
established for the zoning district in which the property is located.
4. The proposed subdivision does not require the dedication of public rights -of -way for the purpose of
gaining access to the property.
5. The property has not previously been divided through the minor subdivision provisions of this article.
6. The proposed subdivision does not hinder the conveyance of land.
7. The proposed subdivision does not hinder the making of assessments or the keeping of records related
to assessments.
8. The proposed subdivision meets all of the design standards specified in Section 9.115.
FURTHER, BE IT RESOLVED that the attached conditions, survey, and other information shall
become part of this Minor Subdivision and approval; and in granting this Minor Subdivision the city and the
applicant agree that this Minor Subdivision shall become null and void if the subdivision has not been filed
with the Anoka County Recorder's Office within one (1) calendar year after the approval date.
CONDITIONS ATTACHED:
The Planning Commission approves the Minor Subdivision for 1417 43rd 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 applicant shall be responsible for filing the approved subdivision survey and driveway easement
with the Anoka County Recorder's Office. The approved minor subdivision will become invalid if the
subdivision is not filed with the Anoka County recorder's Office within one year of the date of City
Council action.
2. The fire separation walls must be maintained in the present state.
48
P & Z Minutes
Page 14
May 5, 2015
OTHER BUSINESS
Holmbeck told members that they will be forwarded an online class that staff encourages them to
complete. She explained it takes less than an hour and will be helpful to detail the role of the
commission. Holmbeck also told members that the Community Development Director is
planning on hosting a training session in the near future to acquaint them with the
Comprehensive Plan, The Zoning Ordinance, and the types of cases that could potentially
come before them in order to make recommendations to the City Council.
The next meeting should be Tuesday, June 2, 2015.
The meeting was adjourned at 8:00 pm.
Respectfully submitted,
Shelley Hanson
Secretary
49
MINUTES OF THE CHARTER COMMISSION
APRIL 16, 2015
7:00 P.M.
CITY HALL These minutes are not
CONFERENCE ROOM 1 approved.
Call to Order
The meeting was called to order by President Steve Smith at 7:03 p.m.
Roll Call /Status of Membership
Members present: Matt Abel, Ramona Anderson, James Guy, Roger Johnson, Mike Patiuk,
Eric Penniston, Greg Sloat, Steve Smith, Charles Tyler, Tim Utz
Members absent and excused: Lee Bak, Wes Wiggins, Carolyn Laine
Members absent and unexcused: Jeff Diehm, Rob Fiorendino
Council Liaison Bruce Nawrocki was present. The City Attorney Jim Hoeft was present. The Recording
Secretary Carole Blowers -Knoll was excused.
Guest: Bryan Olson
Approval of Tonight's A Agenda
Motion was made by Commissioner Tyler, seconded by Commissioner Utz, to approve tonight's agenda.
Motion passed unanimously.
Approval of Charter Commission Minutes of January 15 2015:
Commissioner Utz requested that two changes be made to the minutes as follows:
Page 3, paragraph 1, line 1; change "40 or 50" to "several ".
Page 3, paragraph 6 line 5, change "everyone" to "most ".
Motion by Commissioner Tyler, seconded by Commissioner Utz to make above stated changes and to
approve the corrected minutes; motion passed unanimously.
Correspondence
Secretary Matt Abel read the correspondence log prepared by the Recording Secretary since our last
meeting.
Old Business
Commissioner Tyler requested that the review of the City Charter that was started several years ago be
completed. Attorney Hoeft gave a brief history of what we were working on last (Franchises). Hoeft
continued with stating that there have been personnel changes at the City that could affect how franchises
are handled (or at least the cable franchise). President Smith stated that he would place the charter review
on the agenda for the next meeting.
A thank you letter to former Council Liaison to the Charter Commission, Tami Diehm, prepared by
President Smith was passed around for members to sign.
Page 1
4/16/15
Columbia Heights Charter Commission
50
New Business
Retirement of the Recording Secretary
President Smith discussed the upcoming retirement of Recording Secretary Blowers - Knoll. Attorney Hoeft
stated that we need to check if a new Recording Secretary will be assigned to the Charter Commission.
President Smith said he would check into this before the next meeting.
Annual Review of Charter Commission Purpose
President Smith asked that instead of having a review of the Charter Commission Purpose, that we get a
statement indicating that the Columbia Heights City Charter is in compliance with State Statute. City
Attorney Hoeft stated that the Charter is in compliance with State Statute, but there might be some out -of-
date language, but that would not have an effect on whether or not the Charter is in compliance. President
Smith indicated that he was satisfied with that as an annual review.
Next Meeting Date
The next meeting date will be July 16, 2015, 7 PM, at City Hall, Conference Room 1.
Adjournment
Motion was made and seconded to adjourn the meeting at 7:18 p.m.
Respectfully submitted,
Matt Abel
Secretary for the Charter Commission
Page 2
4/16/15
Columbia Heights Charter Commission
611
PUBLIC ARTS COMMISSION
MINUTES OF THE MEETING
KEYES ROOM, MURZYN HALL
Wednesday, April 1, 2015
6:30 PM
The meeting was called to order at 6:32 PM by Chair Gretchen Nelson.
Commission members present - Carrie Magnuson, Gretchen Nelson, Erin Rominger (electronically),
and Jennifer Tuder
Commission members absent - Rita Nau
Guests present - PAC Liaison Liz Bray, Columbia Heights City Council PAC Liaison Donna Schmitt
Motion by Jen, seconded by Carrie, to approve the minutes from the March 4, 2015 meeting. All ayes.
MOTION PASSED.
Old Business
1. Columbia Heights Jamboree Activities
• Liz Bray updated the Commission about the Jamboree and the activities that will be held
during the event.
• Liz contacted In the Heart of the Beast and hopes to have them participate in the Jamboree,
possibly on the night of Thursday, June 25, 2015, or the afternoon of Saturday, June 27,
2015. There would be either a mask - making activity or a puppet play. Liz would like to
have more than 30 children participate in the art- themed activity.
• The Rock Wall challenge will be held on Saturday, June 27.
• Liz is still looking for guest judges for the Heights Idol. (Pat Proft will not be able to judge
this year.) Gretchen will contact Rita about having Nicholas David as a judge.
• The Youth Play will be held on the night of Thursday, June 25 at 7:00 PM. Because of this,
the In the Heart of the Beast activity might be scheduled before this event.
• Liz will update the Commission as more information becomes available.
2. Grant Updates - Heights Theater Mural
• Erin updated the Commission about the Community Arts Grant (Arts Activities), which
could help with this project. It is a 2 -to -1 match with the City, up to $5,000.00.
• The Commission agreed that the community should participate in creating the mural, as
well as contribution from a professional muralist.
• The deadline to apply for the grant is October 2015, and notification will be in December.
The MRAC meets in July, so more information will become available in the summer.
52
• The Commission briefly discussed interviewing muralists and gathering information, as
well as having the full support of Tom Letness (owner of Heights Theater), library staff,
Mayor Peterson, the PAC, and local historians, with an emphasis on cultural diversity.
• In the future, there might need to be a sub - committee formed to brainstorm ideas for the
mural.
• There was a short discussion about having benches (with a common theme) spread
throughout the City of Columbia Heights.
• Liz brought up the different designs that could be presented in the mural — classic art,
graffiti art, or a mix of both. Liz will contact Gretchen with updates regarding this project.
• Erin mentioned Reimbursement Programs for Management Training, something offered
through the MRAC.
3. Facebook Account/ Website
• Nothing new to report.
4. Directory of Local Artists
• Gretchen read a paragraph Erin included in the Directory introduction (on Survey Monkey).
The Commission agreed that it tied in well with the PAC's mission statement.
• Gretchen reported that there have been six Directory submissions:
1. Rita Nau (textiles)
2. Carrie Magnuson (acrylic paint)
3. Michael Hager (oil paint)
4. Roman Janeczko (sculpture)
5. Mark Hinrichs (digital photos)
6. Alicia De La Cruz (nail art)
• Gretchen will contact Alicia De La Cruz to get more contact information.
• Erin suggested that Mark Hinrichs, a digital photographer, could be a future contact when
the Commission needs pictures taken of the city mural.
• Gretchen will continue to check the Survey Monkey account and the Gmail account on a
weekly basis.
• Carrie reported there was a community brief in the Sun -Focus regarding the Directory.
Carrie will contact Margo Ashmore (Northeaster) again to see if a community brief can be
posted in the newspaper.
S. Logo Designs
• Since Rita was not at the meeting, there was nothing new to report.
6. Meeting with Heighten the Arts
• Carrie updated the Commission regarding her email correspondence with Diane Scully.
• Carrie agreed to email Diane and find out the dates and times of the May Student Showcase.
53
• The Commission talked about having flyers /postcards /business cards (with the PAC's Logo
and contact information listed), and a prize at the event.
• Donna donated $20.00 for business cards.
• Jen said she would get a $25.00 Blick's gift certificate for the prize.
• Erin will put together business card mock -ups and present them at the next meeting.
New Business
1. Policy Sub - Committee
• Erin and Jen volunteered to be on this subcommittee.
2. Electronic Communication Sub - Committee
• No members volunteered for this sub - committee, but the Commission agreed that this
would be a great fit for Rita due to her technical savviness.
3. Arts Center Proposal Sub - Committee
• Gretchen and Erin volunteered to be on this subcommittee.
• Carrie said she would like to a part of this subcommittee, but more members need to be
appointed to the Commission first.
4. 2015 Meeting Dates (June- December)
• Carrie said that Murzyn Hall is usually not open on Wednesday nights during the summer
months. Therefore, the Commission discussed meeting elsewhere in June, July, and August.
• Carrie volunteered to contact the Columbia Heights Public Library about reserving the
boardroom for the summer meeting dates. Because the Library Board meets at the same
time as the PAC, the Commission discussed moving meeting dates to the second Wednesday
of the month.
Motion by Erin, seconded by Jen, to approve moving the Commission's meetings to the second
Wednesday of every month, with a start time of 6:30 PM. All ayes. MOTION PASSED.
• The meeting date change will take effect in June 2015.
5. Term Limits for PAC Members
• Donna said that two people will be appointed to the Commission in the coming weeks. This
will bring the total count to seven members.
• The Commission discussed having 4 -year and 6 -year term limits —no more than five
members can have a 6 -year term, and the remaining members may serve the 4 -year term.
The Commission members will have the option to serve two consecutive terms.
• Erin and Jen agreed to add this item to their Policy Sub - Committee Agenda.
• Each member needs to email Gretchen regarding their decision. Gretchen will contact Katie
with this information.
54
6. 2016 Budget Proposal
• The Commission brought up putting together a budget proposal for 2016.
• Donna mentioned that the PAC falls under the Administration Department, not the
Recreation Department.
• Liz suggested that the Commission keep the budget simple, with one idea at a time.
• Donna suggested that a budget proposal be finished by June, with a presentation to the City
in August or September.
• Liz said that the PAC's participation in community events will help with visibility, and
suggests that the Commission keep track of expenses for the Jamboree activity we help
with. Donna said the Commission should keep track of expenses for the Student Art
Showcase, as well.
• The members agreed that a Budget Sub - Committee needed to be established.
Motion by Erin, seconded by Jen, to establish a Budget Sub-Committee. All ayes. MOTION PASSED.
• Erin and Jen volunteered to be on this sub - committee.
• Any budget items the members want to add to the sub - committee's Agenda should be
emailed to Erin and Jen.
• The budget proposal will be on the May 2015 and June 2015 PAC Meeting Agendas.
7. Other
• Donna told the Commission about the Community Connections Conference she attended at
the Minneapolis Convention Center. It was a free event, with many different art
organizations participating. Donna provided a Springboard For the Arts booklet for the
Commission to look at, and spoke about the various art - themed exhibits at the event: a
trailer -art studio, a group song, and library boxes.
The meeting was adjourned at 8:11 PM.
Respectfully submitted, PAC Secretary Carrie Magnuson
55
CITY COUNCIL LETTER
Meeting of. May 11, 2015
AGENDA SECTION: CONSENT
ORIGINATING DEPARTMENT:
CITY
NO:
CITY MANAGER'S OFFICE
MANAGER'S
APPROV
ITEM: RESOLUTION 2015 -36
BY: KELLI BOURGEOIS
BY:
NO: IAFF LABOR AGREEMENT
DATE: MAY 7, 2015
DATE:3" �s
The labor agreement between the City and the International Association of Firefighters, Local 41216, representing full
time firefighters, terminated on December 31, 2014. Negotiations between the City and IAFF have resulted in a
mutually acceptable labor agreement for calendar years 2015 and 2016. The proposed changes are as follows:
Wages:
2015: 2.25% wage increase plus a 0.25% market adjustment, effective January 1, 2015
2016: 2.5% wage increase plus a 0.25% market adjustment, effective January 1, 2016
Insurance:
18.1 The EMPLOYER will contribute up to a maximum of eight hundred sixty -five dollars ($865) per month per
(permanent and probationary full -time) employee for calendar year 2015 and calendar year 2016 for group health
and group dental, including dependent coverage, and employee life insurance.
18.2 Effective January 1, 2016 the EMPLOYER will contribute thirty dollars ($30) per month per (permanent and
probationary full -time) employee into a city designated health savings account for all employees enrolled in an
IRS qualified high deductible health plan.
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 -36, regarding the Labor Agreement between the
City of Columbia Heights and International Association of Firefighters, Local #1216, effective January 1, 2015 -
December 31, 2016.
COUNCIL ACTION:
56
RESOLUTION 2015 -36
A RESOLUTION APPROVING A COLLECTIVE BARGAINING AGREEMENT
BETWEEN THE CITY OF COLUMBIA HEIGHTS AND THE INTERNATIONAL
ASSOCIATION OF FIREFIGHTERS, LOCAL #1216
WHEREAS, negotiations have proceeded between the International Association of Firefighters
(IAFF), Local #1216, representing the full time firefighters, 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 2016 for IAFF 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 l la' day of May, 2015.
CITY OF COLUMBIA HEIGHTS
Offered by:
Seconded by:
Roll Call:
Mayor Gary L. Peterson
Katie Bruno
Council Secretary, City Clerk
57
2015/161AFF
CITY OF COLUMBIA HEIGHTS' RESPONSE AND SECOND PROPOSAL
4/21/2015
Article XVIII Insurance —
No change to current contract language EXCEPT
18.1 The EMPLOYER will contribute up to a maximum of eight hundred sixty -five dollars ($865) per
month per (permanent and probationary full -time) employee for calendar year 2015 and calendar year
2016 for group health and group dental, including dependent coverage, and employee life insurance.
18.2 Effective January 1, 2016 the EMPLOYER will contribute thirty dollars ($30) per month per
(permanent and probationary full -time) employee into a city designated health savings account for all
employees enrolled in an IRS qualified high deductible health plan.
Article XXIV — Wages (typo in current contract numbering)
24.1 Journeyman Firefighter 2.25% wage increase + 0.25% market adjustment for 2015;
Captain 2.25% wage increase + 0.25% market adjustment for 2015.
24.2 Journeyman Firefighter 2.5% wage increase + 0.25% market adjustment for 2016;
Captain 2.5% wage increase + 0.25% market adjustment for 2016.
Amend subsequent section numbers to be correct in contract.
58
CITY COUNCIL LETTER
Meeting of: May 11, 2015
AGENDA SECTION: CONSENT
ORIGINATING
CITY
NO:
DEPARTMENT:
MANAGER'S
CITY MANAGER'S
APPROVAL
ITEM: 2015 -2016 PMA MEMORANDUM OF
BY: KELLI BOURGEOIS
BY-
UNDERSTANDING
DATE: 5 -4 -2015
DATE -` ' r, � y
NO:
The current Memorandum of Understanding between the City and the Public Managers' Association, representing
Division Heads, terminated on December 31, 2014. Negotiations between the city's negotiating team and PMA have
resulted in a mutually acceptable Memorandum of Understanding for calendar years 2015 and 2016. 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:
2015: $865 per month (2014 = $865 per month)
2016: $895 per month to 1) premium contributions if participating in the high option health insurance plan, or 2)
with a $30 HSA contribution (deducted out of the $895) if participating in a high deductible health plan
Attached is a resolution which would adopt and establish the changes as negotiated for calendar years 2015 and 2016.
Also attached is a copy of the new contract language, incorporating the changes.
RECOMMENDED MOTION: Move to waive the reading of Resolution 2013 -37, there being ample copies available
to the public.
RECOMMENDED MOTION: Move to adopt Resolution 2013 -37 regarding the Memorandum of Understanding
between the City of Columbia Heights and the Public Managers' Association, effective January 1, 2015 — December
31, 2016.
COUNCIL ACTION:
59
RESOLUTION 2015 -37
BEING A RESOLUTION REGARDING MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF COLUMBIA HEIGHTS
AND THE PUBLIC MANAGERS' ASSOCIATION
BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights that:
WHEREAS, negotiations have proceeded between the Public Managers' Association,
representing Division Heads of the City, and members of the City negotiating team, and said
negotiations have resulted in a mutually acceptable Memorandum of Understanding for calendar
years 2015 and 2016;
WHEREAS, changes to the current Memorandum of Understanding are attached, and a
copy of the 2015 -2016 Memorandum of Understanding is available at the Office of the City
Manager and is made a part hereof by reference.
NOW, THEREFORE, BE IT RESOLVED, that the Memorandum of Understanding as
negotiated, be and is hereby established as the salary and fringe benefit program for calendar
years 2015 and 2016 for the Public Managers' Association bargaining unit employees of the City.
BE IT FURTHER RESOLVED that the Mayor and City Manager are hereby authorized
to execute this agreement.
Passed this 11th day of May, 2015.
Offered by:
Seconded by:
Roll Call:
Gary L. Peterson, Mayor
Katie Bruno
City Clerk/Council Secretary
PMA 2015 -2016 MEMORANDUM OF UNDERSTANDING
INSURANCE
The EMPLOYER will contribute a maximum of eight hundred sixty -five dollars ($865) per
month per (permanent and probationary full -time) employee for calendar year 2015 for employee
life insurance, group health insurance, long term disability 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 City- sponsored deferred compensation
program.
The EMPLOYER will contribute a maximum of eight hundred ninety -five dollars ($895) per
month per (permanent and probationary full -time) employee for calendar year 2016 for employee
life insurance, group health insurance, long term disability insurance, and dental insurance. For
employees enrolled in one of the City's high deductible health plans the City will contribute $30
of the $895 into an employer designated health savings account. Should the overall cost of such
benefits (insurances and City HSA contribution) be less than $895 per month, the difference may
be used toward any other City- provided insurance benefit and/or City- sponsored deferred
compensation program.
N
APPENDIX A
Effective January 1. 2015:
Movement through the schedule is contingent upon satisfactory performance as adjudged by the EMPLOYER
Effective January, 1, 2016:
STEP I
STEP II
STEP III
STEP IV
STEP V
STEP VI
STEP VII
ENTRY
1 YEAR
3 YEAR
5 YEAR
8 YEAR
9 YEAR
10 YEAR
83%
85%
87%
91%
94%
97%
100%
LIBRARY DIRECTOR
$7,136
$7,307
$7,479
$7,823
$8,081
$8,339
$8,597
COMMUNITY DEV. DIRECTOR
$7,520
$7,701
$7,882
$8,245
$8,516
$8,788
$9,060
FIRE CHIEF
$7,520
$7,701
$7,882
$8,245
$8,516
$8,788
$9,060
POLICE CHIEF
$7,966
$8,157
$8,349
$8,733
$9,021
$9,309
$9,597
FINANCE DIRECTOR
$8,181
$8,378
$8,576
$8,970
$9,266
$9,561
$9,857
PUBLIC WORKS DIRECTOR
$8,489
$8,694
$8,898
$9,307
$9,614
$9,921
$10,228
Movement through the schedule is contingent upon satisfactory performance as adjudged by the EMPLOYER
Effective January, 1, 2016:
STEP I
STEP II
STEP III
STEP IV
STEP V
STEP VI
STEP VII
ENTRY
1 YEAR
3 YEAR
5 YEAR
8 YEAR
9 YEAR
10 YEAR
83%
85%
87%
91%
94%
97%
100%
LIBRARY DIRECTOR
$7,314
$7,490
$7,666
$8,019
$8,283
$8,548
$8,812
COMMUNITY DEV. DIRECTOR
$7,708
$7,894
$8,080
$8,451
$8,730
$9,008
$9,287
FIRE CHIEF
$7,708
$7,894
$8,080
$8,451
$8,730
$9,008
$9,287
POLICE CHIEF
$8,165
$8,361
$8,558
$8,952
$9,247
$9,542
$9,837
FINANCE DIRECTOR
$8,385
$8,588
$8,790
$9,194
$9,497
$9,800
$10,103
PUBLIC WORKS DIRECTOR
$8,702
$8,911
$9,121
$9,540
$9,855
$10,169
$10,484
Movement through the schedule is contingent upon satisfactory performance as adjudged by the EMPLOYER
62
CITY OF COLUMBIA HEIGHTS
590 40th Avenue NE, Columbia Heights, MN 55421 -3878 (763)706 -3600 TDD (763) 706 -3692
Visit our website at. www.ei.eolumbla- he&hts.mn.us
2015/2016 PUBLIC MANAGERS ASSOCIATION
CITY OF COLUMBIA HEIGHTS' REVISED OFFER FOR CONSIDERATION
4/27/2015
1. Insurance
The EMPLOYER will contribute a maximum of eight hundred sixty -five dollars ($865) per month per
(permanent and probationary full -time) employee for calendar year 2015 for employee life
insurance, group health insurance, long term disability 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 City- sponsored deferred compensation program.
The EMPLOYER will contribute a maximum of eight hundred ninety -five dollars ($895) per month per
(permanent and probationary full -time) employee for calendar year 2016 for employee life
insurance, group health insurance, longterm disability insurance, and dental insurance. For
employees enrolled in one of the City's high deductible health plans the City will contribute $30 of
the $895 into an employer designated health savings account. Should the overall cost of such
benefits (insurances and City HSA contribution) be less than $895 per month, the difference may be
used toward any other City - provided insurance benefit and /or City- sponsored deferred
compensation program.
2. Duration
This Memorandum of Understanding shall be effective as of January 1, 2015, unless otherwise noted,
and shall remain in force and effect until December 31, 2016. This agreement shall continue in effect
until a new agreement or contract supersedes.
3. APPENDIX A - Wages
Increase all wage classifications by 2.25% in 2015.
Increase all wage classifications by 2.5% in 2016.
Mayor
Gary L. Peterson
Councilmembers
Robert A. Williams
Bruce Nawrocki
Donna Schmitt
John Murzyn. Jr.
City Manager
Walter R. Fehst
63
CITY COUNCIL LETTER
Meeting of. May 11, 2015
AGENDA SECTION: Consent
NO:
ORIGINATING DEPARTMENT:
CITY MANAGER'S
CITY MANAGER'S
APPROVAL
ITEM: Resolution 2015 -38, Being a
BY;
Resolution Regarding the City
BY: KELLI BOURGEOIS
Manager's Compensation and
DATE: May 7, 2015
DATE`S
Benefits
/,
NO:
As in previous years, the City Manager has received an adjustment in compensation and benefits
consistent with that given the Public Managers' Association (PMA's). In order to continue this policy
for the City Manager, the following adjustments would be granted:
Effective January 1, 2015: 2.25% pay adjustment
Effective January 1, 2016: 2.5% pay adjustment
Effective January 1, 2015: $865 per month Employer contribution to insurances
Effective January 1, 2016: $895 per month Employer contribution to 1) premium
contributions if participating in the high option health
insurance plan, or 2) with a $30 HSA contribution (deducted
out of the $895) if participating in a high deductible health plan
The attached resolution makes these changes to the City Manager's compensation and benefits.
RECOMMENDED MOTION: Move to waive the reading of Resolution No. 2015 -38, there being ample
copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution 2015 -38, being a resolution regarding the City
Manager's compensation and benefits.
COUNCIL ACTION:
,�4
RESOLUTION NO. 2015-38
RESOLUTION REGARDING THE CITY MANAGER'S
COMPENSATION AND BENEFITS
WHEREAS, in previous years, the City Manager has received an adjustment in compensation and benefits
consistent with that given to the management employees.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Columbia Heights does hereby
make the following modifications to the City Manager's compensation and benefits, consistent with pay
adjustments and benefits granted other management employees:
Effective January 1, 2015: 2.25% pay adjustment
Effective January 1, 2016: 2.5% pay adjustment
Effective January 1, 2015: $865 per month Employer contribution to insurances
Effective January 1, 2016: $895 per month Employer contribution to 1) premium contributions if
participating in the high option health insurance plan, or 2) with a $30 HSA
contribution (deducted out of the $895) if participating in a high deductible
health plan
Passed this 11th day of May, 2015.
Offered by:
Seconded by:
Roll Call:
Gary L. Peterson, Mayor
Katie Bruno
City Clerk/Council Secretary
CITY COUNCIL LETTER
Meeting of: May 11, 2015
AGENDA SECTION: CONSENT
ORIGINATING DEPARTMENT:
CITY MANAGER'S
NO:
CITY MANAGER'S
APPROVAL
ITEM: 2015 SEASONAL & TEMPORARY WAGE
BY: KELLI BOURGEOIS
BY:A!,
ADJUSTMENTS
DATE: May 4, 2015
DATE:
NO:
Attached are proposed 2015 wage schedules for non -union part -time temporary Library
employees, seasonal Public Works employees, seasonal /temporary Recreation employees, and
interns to take effect June 1, 2015.
The last seasonal and temporary wage adjustment was in January, 2014.
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 -39, adopting changes in wage ranges and
establishing wages for seasonal and temporary employees beginning June 1, 2015.
66
RESOLUTION 2015 -39
ADOPTING CHANGES IN WAGE RANGES AND ESTABLISHING WAGES FOR
TEMPORARY PART -TIME LIBRARY POSITIONS,
SEASONAL PUBLIC WORKS POSITIONS,
SEASONAL/TEMPORARY RECREATION POSITIONS,
AND INTERNS
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 may be adopted in Wage Ranges.
NOW, THEREFORE, BE IT RESOLVED, that the City of Columbia Heights establishes
wage ranges for non - unionized temporary part-time Library positions, seasonal Public Works
positions, seasonal /temporary Recreation positions, and interns, as indicated on Schedule I, II,
III, and IV, which are attached and on file in the office of the City Manager; and
BE IT FURTHER RESOLVED that such schedules be effective June 1, 2015.
Passed this 11th day of May, 2015.
Offered by:
Seconded by:
Roll Call:
Gary L. Peterson, Mayor
Katie Bruno
Council Secretary /City Clerk
67
2015
PART TIME TEMPORARY LIBRARY EMPLOYEES
SCHEDULEI
PAGE
Entry
$10.21
6 months
$10.81
12 months
$11.41
24 months
$12.01
LIBRARY AIDE
Entry
$10.45
6 months
$11.10
12 months
$11.75
24 months
$12.41
36 months
$13.06
LIBRARY SUPERVISORS
Entry $19.21
6 months $20.27
18 months $21.34
Effective June 1, 2015
68
Effective June 1, 2015
69
2015
PUBLIC WORKS SEASONALS
SCHEDULEII
Entry
1 Year
2 Years
3 Years
4 Years
5 Years
6 Years
Seasonal Laborer
$10.49
$10.74
$10.98
$11.23
$11.60
$11.97
$12.34
(Including Rink
Maintenance)
Warming House
$10.49
$10.74
$10.98
$11.23
$11.60
$11.97
$12.34
Attendant
Warming House
$11.53
$11.81
$12.08
$12.35
$12.76
$13.16
$13.57
Lead Attendant
Engineering Aide 1
$12,891
$13.19
$13.49
$13.80
$14.25
$14.71
$15.16
Effective June 1, 2015
69
2015
RECREATION SEASONALS
SCHEDULE III
Movement through the wage schedule is contingent upon satisfactory performance as adjudged by the Employer
POSITION
ENTRY
6 MONTHS
1 YEAR
2 YEARS
3 YEARS
4 YEARS
Summer Playground Asst.
$9.00
$9.20
$9.41
$9.72
$10.03
$10.34
After School Instructor
$9.00
$9.20
$9.41
$9.72
$10.03
$10.34
Trip Chaperone
$9.00
$9.20
$9.41
$9.72
$10.03
$10.34
Facility Supervisor
$9.00
$9.20
$9.41
$9.72
$10.03
$10.34
Baseball Umpire
-House League (Youth)
$20 /game
- Traveling (Plate)
$45 /game
- Traveling (Base)
$40 /game
Soccer Officials (Youth)
$25 /game
Softball Umpires (Youth)
-Youth Slow Pitch
$20 /game
-Youth Fast Pitch
$30 /game
Basketball Officials (Youth)
- House League
$20 /game
- Traveling
$30 /game
Football Officials (Youth)
$40 /game
Adult Athletics
$30 /game
Umpire /Officials
(Softball, Basketball,
Volleyball, & Football)
Scorekeeper (per game)
$9.00
$9.20
$9.41
$9.72
$10.03
$10.34
Performing Arts Instructor
$10.49
$10.74
$10.98
$11.23
$11.97
$12.34
(Gymnastics, Cheerleading,
and Ballet)
Summer Playground Supervisor
$10.49
$10.74
$10.98
$11.23
$11.97
$12.34
Trip Supervisor
$10.49
$10.74
$10.98
$11.23
$11.97
$12.34
Program Instructor
(Market rate -- contingent
upon approval of the Recreation
Director and the
Assistant to the City Manager.)
Coaching Stipend
$200 /season
Effective June 1, 2015
70
2015
INTERNS
SCHEDULE IV
Rate 1 $12.00
Rate 2 $12.58
Rate 3 $13.15
Rate 4 $13.72
Rate 5 $14.30
Effective June 1, 2015
71
CITY COUNCIL LETTER
AGENDA SECTION: CONSENT AGENDA
NO: 7G
ITEM: APPROVE FINAL PLANS AND
AUTHORIZATION TO SEEK BIDS FOR 491h
AVENUE TURN LANE CONSTRUCTION,
CITY PROJECT 1415
Meeting of. May 11, 2015
ORIGINATING DEPARTMENT:
PUBLIC WORKS
BY: K. Hansen
DATE: 5/4/2015
CITY MANAGER
BY:
DAT :�.'�d
Background:
The City of Columbia Heights was awarded a 90/10 snatching grant of $180,000 to construct a right turn lane on
the west side 49th Avenue. A copy of the site layout is attached and is generally described as:
1. Proposed Construction
The work would involve developing a right turn (RT) lane within the existing ROW and existing easements.
The current road width is 42 feet, and adding a RT lane would modify the width to 46 feet. This would
provide for a 12 foot westbound lane, an 11 foot through turfy lane, and a 13 foot RT lane. Work would
include new curb and gutter, new pavement and a new concrete median. Existing catch basins would need to
be moved along with the loop detectors, new signal heads and wiring for the traffic signal system. This work
would also require minor modifications to the school's and Walgreen's driveway accesses as the taper is
being developed through this area.
Analysis /Conclusions:
The consulting firm of Bolton & Menk was approved by the Council at their September 22, 2014 meeting to
prepare plans and specifications and construction administration.
Plans and specification are now complete following both MnDOT and Anoka County reviews. The engineers
estimate (EE) for the above elements is $171,675. The project schedule is as follows:
Bids/Received on June 16, 2015.
Substantial Completion Date: August 21, 2015
Final Completion Date: August 28, 2015
Funding will be provided by a combination of MnDOT HSIP ($180,000) funds and City State -Aid funds
RECOMMENDED MOTION: Move to accept the final plans prepared by Bolton & Menk, Inc. and
authorize staff to seek bids for the 49th Avenue Turn Lane construction, City Project No. 1415.
Attachment: Site Plan
COUNCIL ACTION:
CITY COUNCIL LETTER
AGENDA SECTION: CONSENT
NO:
ITEM: APPROVE PERMITS FOR THE
2015 JAMBOREE
Meeting of. May 11, 2015
ORIGINATING DEPARTMENT:
PUBLIC WORKS
BY: Kevin Hansen
DATE: May 6, 2015
CITY MANAGER
BY:
DATE:
The City of Columbia Heights Jamboree will be held from June 24, through June 28 this year.
The carnival, operated by Family Fun Shows, Inc., usually arrives a day or two before for set -up,
which will require the closing of Jefferson Street on Tuesday afternoon, June 23. Staff is
requesting permission to close Huset Parkway from the alleyway on the north end of Huset Park
to the south roundabout. Other arrangements are made with various City departments, including
the license application, payment of necessary license fees and permits, and that the required
damage deposits are submitted.
The annual Jamboree Parade will be held on Friday, June 26, 2015, beginning at 6:00 p.m. The
parade route will begin on Central Avenue at 45th Avenue to 40th Avenue; west on 40th Avenue
to 5th Street and 5th Street to Mill Street. Staff is recommending that the City Council authorize
the Police Department to issue a parade permit for the Jamboree Parade. Staff is also requesting
to waive the Fire Department permit fees for firework displays in the amount of $50.00.
RECOMMENDED MOTION: Move to authorize staff to close Huset Parkway for the time
period from Tuesday afternoon, June 23 through Sunday, June 28, 2015.
RECOMMENDED MOTION: Move to authorize the Police Department to issue a parade
permit for the Jamboree Parade to be held on Friday, June 26, 2016 beginning at 6:00 p.m. for
the following streets: Central Avenue from 45th Avenue to 40th Avenue, west on 40th Avenue to
5th Street and 5th Street to Mill Street.
RECOMMENDED MOTION: Move to authorize fireworks at dusk on Saturday, June 27, 2015
and to waive the Fire Department fireworks display permit fee.
KH: sms
COUNCIL ACTION:
74
CITY COUNCIL LETTER
Meeting of May 11, 2015
AGENDA SECTION: 7 CONSENT ORIGINATING DEPARTMENT:
NO: PUBLIC WORKS
ITEM: AUTHORIZATION TO SEEK BY: K. Hansen
BIDS FOR LIBRARY BID PACKAGE #1: DATE: 5/4/2015
SITE GRADING, ENVIRONMENTAL
REMEDIATION, AND SITE UTILITIES
CITY MANAGER
BY:
DATE:
Background:
The Library Project Team continues it work on the development of a new Library. The Schematic Design
phase was completed at the end of March and work is now focused on Design Development: Preliminary
and Final Design.
A primary project goal has been to have the new Library completed in one year and operational by the end
of May, 2016. To achieve this aggressive schedule, multiple bid packages will be required for certain
phases of the work.
Design work is nearly complete on the site -civil portion of the overall development. This work will involve
mass site grading, environmental remediation including removal of unsuitable material, and site utilities.
The overall site plan is shown on the attached site drawing. Generally this work can be described as getting
the site "Pad Ready" for the building.
The geotechnical evaluation completed for the Library site characterized the site soils as various fill
materials extending to depths of 10 feet to 27 feet. The fill materials consist of poorly graded sand with silt
and gravel, sandy lean clay, clayey sand, and silty sand. Varying amounts of brick, bituminous and concrete
debris was found in the fill materials. Many of the borings encountered buried swamp deposited and
organic material below the fill.
General features of the site plan include:
• Removal of an estimated 5,500 CY of contaminated soil.
• Providing a vertical minimum of two feet of clean soil under the building and parking lot and four
feet of clean soil under green space and landscape areas.
• Installation of sewer and water services from Central Avenue to within five feet of the building.
• Installation of storm sewer throughout the site, connecting to an existing storm sewer pipe at the
north edge of the property.
• Consolidating two existing driveways into a one drive access off of Central Avenue.
• Grading for a new driveway access off of 39a' Avenue.
• Fitting the building to the site conditions with a grade match at the Central Avenue main entrance
will elevate the building at the NW corner along Central Avenue and slightly depress the building at
the SW corner.
Recommended Motion: Move to authorize staff to seek bids for Bid Package #1 for the Library: site
grading, environmental remediation, and site utilities.
COUNCIL ACTION:
75
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CITY COUNCIL LETTER
Meeting of May 11, 2015
AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER
NO: 7J PUBLIC WORKS /
ITEM: APPROVE FINAL PLANS AND BY: K. Hansen BY: !� 1
AUTHORIZATION TO SEEK BIDS FOR DATE: 5/4/2015 DATE;
HUSET PARK SPLASH PAD
Background:
The Park and Recreation Commission began evaluating a splash pad in 2014. A location was chosen by the
Commission to the west of the existing wading pool as it is open for visibility, requires minimum grading,
minimizes utility extension costs for sewer and water for future restrooms, and spatially fits in with the newest
improvements in the park with the playground and shelter. It also provides room for expansion as a future
consideration.
The Council accepted the Park & Recreation Commission recommendations and authorized preparation of plans
for a splash pad at Huset Park to replace the wading pool on September 8, 2014. RFP's were prepared and the
splash pad consultant, Stantec Consulting Services, Inc., was approved by the Council at their December 8, 2014
meeting.
Analysis /Conclusions:
Construction plans were prepared by Stantec Consulting Services, Inc. and reviewed by City staff and the
Park & Recreation Commission. The Park & Recreation Commission held an open house on February 25,
2015, with less than 20 people attending. An additional period was provided for individuals to provide
comments via email or phone calls. At their regular meeting on April 22, 2015 the Park & Recreation
Commission recommended approval of the final plans and public bidding to the City Council.
The plans and specifications are complete. A site plan and rendering of the equipment are attached. The
project budget provided for $125,000 for splash pad equipment and $225,000 for site work, concrete,
equipment installation, and amenities.
RECOMMENDED MOTION: Move to accept the final plans prepared by Stantec Consulting Services,
Inc. for the Huset Park splash pad and authorize the advertisement of public bids.
Attachment: Site Plan
Equipment renderings
COUNCIL ACTION:
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CITY COUNCIL LETTER
Meeting of. May 11, 2015
AGENDA SECTION: CONSENT 71 ORIGINATING DEPARTMENT:
PUBLIC WORKS
ITEM: ADOPT RESOLUTION 2015 -42 ACCEPTING BY: Kevin Hansen
FEASIBILITY REPORT AND AUTHORIZING DATE: May 7, 2015
CLEANING AND LINING OF 7,000 FEET OF WATER
MAIN (UNDER THE CITY OF MINNEAPOLIS 2015
PROGRAM) CITY PROJECT NO. 1503
CITY MANAGER
DA TE. .
DA
Background: Columbia Heights has received complaints of discolored water at various locations and for many years
throughout the City. City staff has determined that the rusty water is caused by encrusted iron scale deposits sloughing
off the inside of the water main and into the water distribution system. To date, the problem originates only in unlined
cast iron pipe, which was common prior to 1962. Although iron scale has a tendency to turn the color of the water
yellow or light brown, it is not known to be a health risk by federally regulated standards. City staff has taken many
samples and continues to test the drinking water to ensure compliance with State and Federal requirements. The
problem in general is called `tuberculation' and results in restricted flows. In January of 2005, staff reported to the City
Council several techniques to address this problem and indicated that there are likely multiple areas of the distribution
system affected by tuberculation.
Analysis /Conclusions: In 2005, Columbia Heights began an annual cleaning and lining prograin under the City of
Minneapolis Cleaning and Lining Program. Below are the areas that have been completed since 2010.
In 2011, the cleaning and lining program completed 4,199 lineal feet of pipe at the following streets:
• Polk Place and Polk Circle
• Pierce Terrace, Polk Place to Matterhorn Drive
• Johnson Street, North of Innsbruck Parkway to Lincoln Terrace
• Lincoln Terrace, Johnson Street to Pierce Terrace
In 2012, the cleaning and lining program completed 3,920 lineal feet of pipe at the following streets:
• 5th Street, 48th to 49th Avenue
• 6th Street, 51 st to 53rd Avenue
• 7th Street, 51st to 53rd Avenue
• 51 st Avenue, 6th to 7th Street
• 53rd Avenue, 5th to Washington Street
In 2013, the cleaning and lining program completed 4,279 lineal feet of pipe at the following streets:
• University Avenue from 51St Avenue to 53rd Avenue
• 4"' Street from 51St Avenue to 53rd Avenue
• 5d' Street from 51St Avenue to 53rd Avenue
• 53rd Avenue from University Avenue to 4t1' Street
In 2014, the cleaning and lining program completed 6,000 lineal feet of pipe at the following streets:
• Mulcare Drive from Pierce Terrace to Polk Place
• Pierce Terrace from Polk Place to Polk Place/Pierce Terrace
• 50th Avenue from Tyler Street to Fillmore Street
• Buchanan Place from Fillmore Street to Pierce Terrace
• Lincoln Terrace from Molan Terrace to Johnson Street
• Fillmore Street from north of 49th Avenue to Pierce Terrace
82
AGENDA SECTION: CONSENT
CITY COUNCIL LETTER
Meeting of May 11.2015
ORIGINATING DEPARTMENT:
PUBLIC WORKS
ITEM: ADOPT RESOLUTION 2015 -42 ACCEPTING BY: Kevin Hansen
FEASIBILITY REPORT AND AUTHORIZING DATE: May 7, 2015
CLEANING AND LINING OF 7,000 FEET OF WATER
MAIN (UNDER THE CITY OF MINNEAPOLIS 2015
PROGRAM) CITY PROJECT NO. 1503
Page Two
CITY MANAGER
BY:
DATE:
City staff conducted a random survey following the completion of the projects with positive comments received from
the residents. Staff believes the program accomplished what was intended and eliminated the discolored water problem
and restored the original diameter(s) of the existing piping system. The newly lined pipe should provide another 40 or
more years of service. Based upon the positive results and project success of the past nine years, staff conducted C-
Factor testing on other known problem areas of the water distribution system. C- Factor testing involves isolating water
main segments, flowing water and measuring pressures and flow rate. A C- Factor is then calculated which can be used
to determine the amount of tuberculation in -pipe. Another way to look at a C- Factor is it is a measurement of
resistance to flow in -pipe. New pipe will have a C- Factor of 120 -125. We would have expected the C- Factors in the
areas tested (based on age) to be in a range of 90 -95. A general rule of thumb is values below a range of 70 -75 would
indicate a pipe in poor and tuberculated condition. The measured C- Factors in the 2015 proposed program area average
39, which is considered heavily turburculated.
Based upon the C- Factor testing, staff is recommending a 2015 Cleaning and Lining Program in the following streets:
• Main Street from 37" Avenue to 40t" Avenue
• 370' Avenue from Main Street to 3rd Street
• Edgemoor Place from 401h Avenue to 3rd Street
• 3rd Street from Edgemoor Place to 37"' Avenue
• 44t" Avenue from Tyler Place to Tyler Place
• 44t" Avenue from Tyler Place to McLeod Street
For Review:
The process of Mechanical Cleaning and Lining involves shutting down a pipe segment, cutting open and accessing
(excavating and cutting open) the water main every 400 to 600 feet, and pulling or pushing a mechanical cleaning
device (sometimes called a `pig') through the line to remove the encrustation. Depending on the severity of the interior
buildup, a water line may have to be "pigged" repeatedly until the original interior diameter is restored. Since this
process leaves the iron wall exposed, lining the interior pipe is necessary to prevent water contact with the iron surface
which would allow the tuberculation process to start all over.
Minneapolis utilizes cement mortar lining by applying lean cement through a rotating head of a specific diameter. As
the lining machine moves through the pipe, it leaves a smooth trowelled finish. The new lining of the pipe provides a
smooth interior wall resistant to mineral deposits and future tuberculation buildup. Next to complete pipe replacement,
this is the most expensive pipe rehabilitation technique. Costs for mechanical cleaning and cement mortar lining can
range from $50 to $65 per foot, depending on the pipe diameter and severity of buildup.
83
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GENERAL ESTIMATE OF COSTS (Schematic Design):
3939 -19 Central Avenue
New Building: $7,365,000 - $7,650,000
Site Specific Costs: $ 945,000
Furnishing /Shelving /Technology $ 440 000
Total Costs: $9,035,000
Project Contingency ( -5 %) $ 400,000
The City of Columbia Heights has contracted separately for the following
professional services for the Project Team (under contract):
• Architectural (HGA, Inc) including: Architectural / Structural /Mechanical /Electrical
• Site Civil Engineer (HGA, Inc) including: Site utilities / grading / Landscaping
• Geotechnical Design (Braun Intertec)
• Surveyor (E. G. Rud)
• Project Owner's Representation (this RFP)
• Project Special Inspections and Material Testing (future RFP)
HGA Architects have completed a Schematic Design Report attached for background
The project has now entered the Design Development Phase.
III. SCOPE OF SERVICES
The City of Columbia Heights is seeking proposals from qualified firms to provide
comprehensive owner representation services for our new Library project. The
successful firm will be expected to assist with coordination and management of all
aspects of the project from final design, bidding through project completion and
warranty period.
The City is looking for interested firms to state and explain their recommended
approach for this specific project and why they feel that it is the best approach for our
City.
The selected consultant shall work with and coordinate with the Proiect Team hired by
the City.
Anticipated Schedule:
• RFP's Sent: April 29th
• Last Date for Receipt of Proposals: May 8th
• Final Selection: May 11 th
• Contract Awarded: May 11th
94
ABELLE PARK
CITY OF COLUMBIA HEIGHTS, MN
Playground
An updated playground meeting current
standards for safety and ADA guidelines is
woven among the trees for a more natural feel,
while still leaving sightfrnes from the parking
area open for safety.
Lawn Area
Lawn space left as open area or it can
accommodate a game court such as bocce
r,-" -
ball, horseshoes, etc.
Rain Gardens/ Infiltration Basins
Rain gardens or infiltration basins are
created in select locations to catch
j
and cleanse runoff poor to the water
Pond Overlooks
Refer to Enlargement Plan
& Alsm j Tf,, Lm.
ME %f NIA AVE. SOUTH SUITf �nM
MINNEAPOLIS, MN 51111,
Trail Modifications
Trail system is slightly modified with
a few new segments and alignments
and pedestrian lighting is added.
Park Monument Sign
Hillside Improvements
Improvements should be made
' along the steep slopes to stabilize
the slopes, clean up the debris and
42nd -Nenue re- establish vegetation.
t� T 7f• ( '� •'w
� - !'y i j,✓j �
A Circle Terrace Playground
The existing amenities are removed and replaced
Y with a small playground with seating areas and
Y ornamental fencing placed around for improved
aesthetics as well as safety.
° Trail Seating
r Benches are placed along the trail in select
r;
locations for the best viewing of the pond.
t�
Pond Edge Improvements
+S ,n Improvements should be made around the pond edges to
(T stabilize /reduce steep slopes, remove undesirable plant
y species and incorporate lower growing native vegetation.
-= -_- — - 40th Avenue
40th Avenue 40th
sidewalk along 40th Avenue is replaced with a
wider trail and the deck overlook is removed.
Al
s, IIr 0 fi0 120- IBU'
A e•1 Graphic Scale
Preliminary Master Plan
A
M4luvTTil4
7th Street and 42nd Avenue
-1
'k
CITY COUNCIL LETTER
MEETING OF: MAY 1 1. 2015
AGENDA SECTION: CONSENT
NO: 7Q
ORIGINATING DEPT:
FINANCE
CITY MANAGER
APPROVAL
ITEM: ANNUAL DECLARATION THAT THE
BY: Joseph Kloiber
BY:
CITY OF COLUMBIA HEIGHTS DOES NOT
WAIVE THE MONETARY LIMITS ON
DATE: May 5, 2015
MUNICIPAL TORT LIABILITY UNDER
f
MINNESOTA STATUTES, SECTION 466.04.
Background
For many years, the City has purchased substantially all of its property and liability insurance
from the League of Minnesota Cities Insurance Trust ( LMCIT). Staff is currently preparing the
renewal application for this policy for the period June 1, 2015 through May 31, 2016.
When providing liability insurance to member cities, the LMCIT has always required that
member cities document whether or not they waive the tort liability limits established for
municipalities by Minnesota Statutes, Section 466.04. Previously, this action only had to be
taken once. Beginning in 2015, the LMCIT requires member cities to document this decision
annually as a condition of renewing the insurance policy.
The tort liability limits established by Minnesota Statutes, Section 466.04, cap the dollar amount
that the City could be liable for under certain types of liability claims. Waiving the limits would
not provide any additional protection to the City or its taxpayers. Waiving the limits only
increases the potential benefits for claimants. Staff estimates that waiving the limits would
increase annual premiums by approximately $15,000. The City's insurance agent, Brian
Lundquist of Nesbit Agencies, advises that no Minnesota city currently waives these limits.
On a related note: After the LMCIT has processed the City's renewal application and provided
pricing for the next policy period, staff will provide the quote to the City Council for final
approval at a future meeting.
Recommended motion: Move to declare that the City of Columbia Heights does not waive the
monetary limits on municipal tort liability under Minnesota Statutes, section 466.04.
JK:nb
1505051 COUNCIL
Attachments
COUNCIL ACTION:
108
q o
'VI EAGUE of
NN ESOTA
CITIES
CONNECTING & INNOVATING
SINCE 1913
LIABILITY COVERAGE — WAIVER FORM
LMCIT members purchasing coverage must complete and return this form to LMCIT before the effective date of
the coverage. Please return the completed form to your underwriter or email to pstech @Imc.org
This decision must be made by the member's governing body every year. You may also wish to discuss these issues with
your attorney.
League of Minnesota Cities Insurance Trust (LMCIT) members that obtain liability coverage from LMCIT must decide
whether to waive the statutory tort liability limits to the extent of the coverage purchased. The decision has the following
effects:
If the member does not waive the statutory tort limits, an individual claimant would be able to recover no more than
$500,000 on any claim to which the statutory tort limits apply. The total all claimants would be able to recover for a
single occurrence to which the statutory tort limits apply would be limited to $1,500,000. These statutory tort limits
apply regardless of whether the city purchases the optional excess liability coverage.
If the member waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could
potentially recover up to $2,000,000 for a single occurrence. (Under this option, the tort cap liability limits are waived to
the extent of the member's liability coverage limits, and the LMCIT per occurrence limit is $2 million.) The total all
claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited
to $2,000,000, regardless of the number of claimants.
If the member waives the statutory tort limits and purchases excess liability coverage, a single claimant could
potentially recover an amount up to the limit of the coverage purchased. The total all claimants would be able to
recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage
purchased, regardless of the number of claimants.
Claims to which the statutory municipal tort limits do not apply are not affected by this decision.
LMCIT Member Name
Check one:
❑ The member DOES NOT WAIVE the monetary limits on municipal tort liability established by Minnesota Statutes,
Section 466.04.
❑ The member WAIVES the monetary limits on municipal tort liability established by Minnesota Statutes, Section
466.04 to the extent of the limits of the liability coverage obtained from LMCIT.
Date of city council /governing body meeting
Signature
145 UNIVERSITY AVE. WEST
ST. PAUL, MN 55103 -2044
Position
PHONE: (651) 281 -1200 FAx: (651) 281 -1299
TOLL FREE: (800) 925 -1122 WEB: Mfb"C.ORG
CITY COUNCIL LETTER
MFETiNCY OF- MAY 11 ?015
AGENDA SECTION: CONSENT
ORIGINATING DEPT:
CITY MANAGER
NO: 7R
FINANCE
APPROVAL
ITEM: RESOLUTION 2015 -41 ESTABLISHING
BY: Joseph Kloiber
BY:
LIMITED CLEAN UP AND PROPERTY
DAMAGE PROTECTION FOR SEWER BACK-
DATE: May 5, 2015
_
UPS AND WATER MAIN BREAKS FOR
�ir7
WATER AND SEWER CUSTOMERS.
Background
For many years, the City has purchased substantially all of its business insurance from the
League of Minnesota Cities Insurance Trust ( LMCIT). The City has purchased optional No-
Fault Sewer Backup (NFSB) Insurance Coverage from the LMCIT since 2005. With the
significant rainfalls of 2014, the LMCIT received far more in claims than premiums for this type
of coverage last year (see attached). Rather than raise premiums dramatically, the LMCIT chose
make the terms of this coverage more restrictive to limit the risk of future unsustainable claim
levels. To continue this coverage, the City must adopt the proposed policy changes.
The LMCIT coverage has always contained exclusions for natural disasters and situations where
there has been exceptionally heavy rainfall. With the policy changes, effective June 1 st, there
will be a broader range of events that will be excluded under the No -Fault Sewer Backup
Coverage. The changes are:
Any situation declared a disaster by FEMA is now excluded. This change reduces the
ambiguity of prior coverage language which referred to situations where FEMA disaster
assistance was available. The language has been reworded to exclude NFSB coverage in
any weather - related or other event which has been declared by the President of the
United States to be a major disaster pursuant to 42 U.S.C. §§ 5121 -5206, commonly
known as the Stafford Act.
Any situation where rainfall exceeds certain amounts is excluded, which is more
restrictive than the "100 -year rainfall" standard used in the previous coverage. The
exclusion for heavy rainfall events has been revised to apply to any situation in which
precipitation equivalent to rainfall amounts exceed the following:
2.0 inches in a 1 -hour period; or
2.5 inches in a 3 -hour period; or
3.0 inches in a 6 -hour period; or
3.5 inches in a 12 -hour period; or
4.0 inches in a 24 -hour period; or
4.5 inches in a 72 -hour period; or
5.5 inches in a 168 -hour period.
RECOMMENDED MOTION: Move to waive the reading of Resolution 2015 -41, there being
ample copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution 2015 -41, establishing limited clean
up and property damage protection for sewer back -ups and water main breaks for water and
sewer customers.
110
City Council Letter
Meeting of: May 11, 2015
Page 2
JK :nb
1505052COUNCIL
Attachments
COUNCIL ACTION:
H
RESOLUTION 2015 -41
RESOLUTION ESTABLISHING LIMITED CLEAN UP AND
PROPERTY DAMAGE PROTECTION FOR SEWER BACK -UPS AND
WATER MAIN BREAKS FOR WATER AND SEWER CUSTOMERS
WHEREAS, the City of Columbia Heights provides water and sanitary sewer services to
property within its jurisdiction; and
WHEREAS, water main breaks may cause water to enter into property causing damage; and
WHEREAS, blockages or other conditions in the City of Columbia Heights' sanitary sewer lines
may cause the back -up of sewage into properties that are connected to those City of Columbia
Heights' sanitary lines; and
WHEREAS, water main breaks and sewer back -ups pose a public health and safety concern; and
WHEREAS, it may be difficult to determine the exact cause and responsibility for a water main
break or sanitary sewer back -ups; and
WHEREAS, the City of Columbia Heights desires to encourage the expeditious clean -up of
properties that have encountered damage from water main breaks and sewer back -ups; and
WHERAS, the City of Columbia Heights desires to minimize the potential of expensive lawsuits
arising out of water main breaks and sanitary sewer back -up claims; and
WHEREAS, the City of Columbia Heights is a member of the League of Minnesota Cities
Insurance Trust ( LMCIT); and
WHEREAS, LMCIT has offered the City of Columbia Heights limited "no fault" sewer coverage
and water main break coverage (No -Fault Coverage) that will reimburse users of the water and
sewer system for certain clean -up costs and property damage regardless of whether the City of
Columbia Heights is at fault.
NOW THEREFORE, BE IT RESOLVED, as follows:
The City of Columbia Heights, will reimburse water and sanitary sewer customers for up to
$10,000 of clean-up costs and property damages caused by a water main break or sanitary sewer
back -up, regardless of whether the City of Columbia Heights is negligent or otherwise legally
liable for damages, subject to the following conditions:
I. Sanitary Sewer Back -Ups. For Sanitary sewer back -ups:
A. The back -up must have resulted from a condition in the City of Columbia Heights'
sanitary sewer system or lines, and not from a condition in a private line.
M,
B. The back -up must not have been caused by any catastrophic weather or other event which
has been declared by the President of the United States to be a major disaster pursuant to
42 U.S.C. §§ 5121 -5206, commonly known as the Stafford Act.
C. The back -up must not have been caused by an interruption in electric power to the City of
Columbia Heights' sewer system or to any City of Columbia Heights lift station, which
continues for more than 72 hours.
D. The back -up must not have been caused by an amount of precipitation equivalent to
rainfall amounts which exceed:
0 2.0 inches in a 1 -hour period; or
• 2.5 inches in a 3 -hour period; or
• 3.0 inches in a 6 -hour period; or
• 3.5 inches in a 12 -hour period; or
• 4.0 inches in a 24 -hour period; or
• 4.5 inches in a 72 -hour period; or
• 5.5 inches in a 168 -hour period.
E. Neither the City of Columbia Heights nor LMCIT will reimburse any costs which have
been or are eligible to be covered under a property owner's own homeowners' or other
property insurance, or which would be eligible to be reimbursed under a National Flood
Insurance Protection (NFIP) policy, whether or not the property owner actually has NFIP
Coverage.
F. The maximum amount that the City of Columbia Heights or LMCIT will reimburse is
$10,000 per building, per year. A structure or group of structures served by a single
connection to the City of Columbia Heights' sewer system is considered a single
building.
Il. Water Main Breaks. For water main breaks:
A. Neither the City of Columbia Heights nor LMCIT will reimburse any costs which have
been or are eligible to be covered under a property owner's own homeowners' or other
property insurance
B. The maximum amount that the City of Columbia Heights or LMCIT will reimburse is
$10,000 to any claimant, regardless of the number of occurrences or the number of
properties affected.
C. Neither the City of Columbia Heights nor LMCIT will pay more than $250,000 for water
main break damages resulting from any single occurrence. All water main break damage
which occurs during any period of 72 consecutive hours is deemed to result from a single
occurrence. If the total water main break damage for all claimants in a single occurrence
exceeds $250,000, the reimbursement to each claimant will be calculated as follows:
1. A preliminary reimbursement figure is established for each claimant, equal to the
lesser of the claimant's actual damages or $10,000.
2. The sum of the preliminary reimbursement figures for all claimants will be
calculated.
3. Each claimant will be paid a percentage of his or her preliminary reimbursement
figure, equal to the percentage calculated by dividing $250,000 by the sum of all
claimants' preliminary reimbursement figures.
113
III. The City of Columbia Heights' determination to make these payments is contingent on and
expressly limited to the extent that No -Fault Coverage is in force and available to reimburse the
City of Columbia Heights for the costs set forth herein.
IV. The City of Columbia Heights retains the right, in its sole discretion, to revoke, rescind, or
modify this resolution at any time.
V. The City of Columbia Heights hereby rescinds any prior resolution providing no -fault sewer
backup coverage and water main break coverage.
IN WITNESS WHEREOF, the City of Columbia Heights, by action of its governing body,
caused this Resolution to be approved on , 20
City of Columbia Heights
By:
Its
And:
Its
114
0
jJEAGUE of
fyttNNESOTA
CITIES
November 13, 2014
RECENE®
Nov l 2 2014
zit of Columbiae9s
finance Department
CONNECTING & INNOVATING
SINCE 1913
To: LMCIT Members and Agents
From: Pete Tritz, LMCIT Administrator
Dan Greensweig, LMCIT Assistant Administrator
Liam Biever, LMCIT Underwriting Manager
RE: Coverage Changes to LMCIT's Optional No -Fault Sewer Eackup Coverage
Your city is one of several that purchases LMCIT's optional no -fault sewer backup (NFSB) coverage,
which has been offered to cities as an additional -cost option since 2001. This coverage reimburses a
property owner for up to $10,000 (higher limits of $25,000 and $40,000 are available) of clean -up
costs and damages caused by a sewer backup or water main break, irrespective of whether the city was
negligent or legally liable for those damages.
The NFSB coverage was introduced in 2001 after being requested by several cities. The coverage is
meant to be fully funded by member cities that choose to purchase it (i.e. not subsidized by member
cities that choose not to purchase it), since the intent of the coverage is to really provide a solution for
cities that want to cover sewer backup claims or water main breaks, even if the city is not negligent.
Of course another intent of the coverage is to help reduce health hazards by encouraging prompt clean-
ups.
For 2015, there are important changes to the NFSB coverage that will effectively narrow the coverage.
The coverage has always had an exclusion for natural disasters and situations where there's been
exceptionally heavy rainfall. The revision makes the coverage more restrictive. That is, there will now
be a broader range of events that will be excluded under the NFSB coverage.
Why is LMCIT making these changes?
There are currently 77 member cities that purchase NFSB coverage, which generates about $156,000 in
annual premiums. After the heavy rains this summer, specifically the July rainstorms, over 50 claims
were submitted under the NFSB coverage, with a total cost in the range of $500,000. Accordingly, the
NFSB coverage program operated at a loss this year, with those losses being funded by LMCIT
reserves rather than through the premiums generated by this program.
Because of the way the NFSB coverage is currently written, it could expose LMCIT to an extremely
expensive total loss cost in some circumstances which the current premium rates are not adequate to
support.
What are the changes?
Following are the coverage changes that will be made for renewals on or after November 15, 2014.
These changes should reduce the loss costs under this coverage to a level the current rates can support.
If your city chooses to continue with the NFSB coverage in 2014 -15, you will receive a new
endorsement with the changes outlined herein.
LEAGUE OF MINNESOTA CITIES 145 UNIVERSITY AVE. WEST PHONE: (651) 281 -1200 FAx (651) 281 -1298
INSURANCE TRUST ST. PAUL, MN 55103 -2044 TOLL FREE: (800) 925 -1122 WEB;WWW.LU &OPG
• Now excludes any situation declared a disaster by FEMA.
The exclusion for FEMA- declared disasters has been reworded to exclude NFSB coverage in any
weather - related or other event which has been declared by the President of the United States to be
a major disaster pursuant to 42 U.S.C. §§ 5121 -5206, commonly known as the Stafford Act.
Coverage language prior to the 2014 -15 coverage year referred to situations where FEMA disaster
assistance was available, which created an ambiguity as to whether the assistance had to be
available to the homeowner in order for the exclusion to apply. Changes this year now exclude any
situation declared a disaster by FEMA.
• Now excludes any situation where rainfall exceeds certain amounts, which is more restrictive
than the "100 year rainfall" standard used in the previous coverage.
The exclusion for heavy rainfall events has been revised to apply to any situation in which rainfall
or precipitation exceeds the following amounts:
2.0 inches in a 1 -hour period; or
2.5 inches in a 3 -hour period; or
3.0 inches in a 6 -hour period; or
3.5 inches in a 12 -hour period; or
4.0 inches in a 24 -hour period; or
4.5 inches in a 72 -hour period; or
5.5 inches in a 168 -hour period.
Coverage language prior to the 2014 -15 coverage year had excluded situations in which rainfall or
precipitation excided the 100 -year rainfall amount for the location. LMCIT will no longer use the
100 -year rainfall as an indicator for claim exclusion. It will now be based on the above amounts.
With the coverage changes taking place, will the premium rates for NFSB coverage change?
No. Rates for NFSB coverage will not change for the 2014 -15 coverage year (which is based on a per
sewer connection basis).
Do we have to pass a new resolution if our city chooses to continue with the NFSB coverage?
Yes. Part of the process for putting the NFSB coverage in place is
for your city council to pass a formal resolution that makes the
NFSB protection part of the agreement between the city and the
sewer customer. The idea is that by paying their sewer bill, the
sewer user is purchasing not just sewer services but also the right to
be reimbursed for certain specified sewer backup costs and
damages. Because of the coverage changes taking place, NFSB
members will need to pass a new resolution so the contractual
obligation to provide NFSB costs to water and sewer customers
aligns with the coverage you are purchasing with LMCIT to
provide those benefits. Attached with this letter is a model
resolution that can be used.
questions about the changes
taking place for the no -fault
sewer backup coverage,
contact your underwriter at
21 Page
116
CITY COUNCIL LETTER Consent Agenda 7S
Meeting of: May 11, 2015
AGENDA SECTION: Consent
ORIGINATING DEPT.: Community Development BY: Loren Wickham DATE: May 6, 2015
ITEM: 2015 -44 approving a contract with Columbia Park Properties, LLP for municipal parking
ramp maintenance and appropriating the related expenditures in the 2015 budget for Special
Projects Fund 226
Background:
The city owns a 310 -stall public parking ramp at 4011 Van Buren Street and has had
an operating and maintenance agreement with Columbia Park Medical Group since
construction of the ramp in 1981. Since the last agreement Fairview Health Services
purchased the ownerhiop of Columbia Park Medical Group and the new agreement
will be with Columbia Park Proprties, LLP. As in the previous agreements, the tenant
will continue to be responsible for the management and operation of the ramp. The
parking ramp continues to be operated as a public parking ramp with no fees.
Below are the changes to the agreement:
• Ownership change: Fairview Health Services purchased the ownership of
Columbia Park Medical Group, P.A. new agreement with Columbia Park
Properties, LLP
• 5 year agreement, expiring December 31, 2019
• Removed annual operating fee of $2,000 (paid by the city)
• Changed percent of operating costs to 40 %(city) 6o %(Columbia Park
Properties, LLP)
Recommendation: Staff recommends adoption of Resolution 2015 -44, being a
resolution approving contract with Columbia Park Properties, LLP for municipal
parking ramp maintenance and appropriating the related expenditures in the 2015
budget for Special Projects Fund 226.
Recommended Motion:
MOTION: Move to waive the reading of Resolution 2015-44, there being ample
copies available to the public.
MOTION: Move to adopt Resolution 2015 -44, being a resolution approving contract
with Columbia Park Properties, LLP for municipal parking ramp maintenance and
appropriating the related expenditures in the 2015 budget for Special Projects Fund
226.
Attachments: Resolution 2015 -44, Agreement for Operation & Maintenance of
Parking Ramp
City Manager pproved By:
`on
RESOLUTION NO. 2015-44
APPROVE A CONTRACT WITH COLUMBIA PARK PROPERTIES, LLP FOR MUNICIPAL PARKING
RAMP MAINTENANCE AND APPROPRIATE THE RELATED EXPENDITURES TO THE 2015 BUDGET
FOR SPECIAL PROJECTS FUND 226.
WHEREAS, the City of Columbia Heights owns a parking ramp facility at 4011 Van Buren Street adjacent to
commercial property owned by Columbia Park Properties, LLP; and
WHEREAS, it is in the interest of the City of Columbia Heights to provide parking to the general public at this
location within its downtown commercial district; and
WHEREAS, it is also in the interest of Columbia Park Properties, LLP to have such parking available to its
tenants and its tenants' customers; and
WHEREAS, Columbia Park Properties, LLP has proposed to share the costs to maintain the parking ramp by
the contract terms listed in Exhibit A to this resolution;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Columbia Heights approves
the contract (at Exhibit A) with Columbia Park Properties, LLP for municipal parking ramp maintenance and
appropriates the related expenditures to the 2015 budget for Special Projects Fund 226.
Passed this 11th day of May, 2015
Offered by:
Seconded by:
Roll Call:
Mayor Gary Peterson
Katie Bruno, City Clerk
118
AGREEMENT BETWEEN
THE CITY OF COLUMBIA HEIGHTS
AND
COLUMBIA PARK PROPERTIES, LLP
FOR THE OPERATION AND MAINTENANCE OF A PARKING RAMP
THIS AGREEMENT, made as of the day of , 2015, between
the City of Columbia Heights (hereinafter referred to as the "City "), Columbia Park Properties,
LLP, a limited liability partnership organized and existing under the laws of the State of
Minnesota (hereinafter referred to as the 4000 Central Avenue NE Building "Landlord "), and
Fairview Health Services, a Minnesota non - profit corporation organized and existing
under the laws of the State of Minnesota (hereinafter referred to as the 4000 Central Avenue
NE Building "Tenant" and "Operator ");
WITNESSETH THAT, in consideration of the mutual covenants herein contained, the
parties hereto recite and agree as follows:
Recitals:
The City has constructed a 310 stall public parking ramp (the "Parking Ramp ") which is
owned by the City and located at 4011 Van Buren Street adjacent to the building at 4000 Central
Avenue NE. The City desires to contract with the Operator concerning the Operator's
management of the Parking Ramp. By means of this Agreement, the City and the Operator
desire to set forth their rights and obligations concerning operation and maintenance of the
Parking Ramp.
The original Agreement for Operation and Maintenance of a Parking Ramp dated
December 16, 1985, and a subsequent Agreement dated July 25, 1995 and January 1, 2003, is
terminated by this Agreement. The prior Agreements no longer have any force and effect and
this document will control all rights and obligations between the City and the Operator affecting
the Parking Ramp.
On January 1, 2008, Fairview Health Services purchased the ownership of
Columbia Park Medical Group, P.A., and assumed the tenant's liabilities of a space lease
between Landlord and Tenant at 4000 Central Avenue NE including the obligations as of
January 1, 2008, under the original Agreement for Operation and Maintenance of a
Parking Ramp dated December 16, 1985, and a subsequent Agreement dated July 25, 1995,
and January 1, 2003, and all hereby superseded by this document.
ARTICLE I
TERM
Section 1.1 Term. The Term of this Agreement shall be five (5) years beginning on
September 1, 2014, and ending on December 31, 2019, at midnight unless said term shall be
terminated or extended as provided herein.
119
ARTICLE 11
OPERATION
Section 2.1 Operation in General. The Operator agrees to manage and operation the
Parking Ramp in a professional, economical and businesslike manner, reasonably satisfactory at
all times to the City in its reasonable discretion. The Operator agrees to accomplish the
following, as directed by the City:
(a) Provide such operational and maintenance supplies as are reasonably necessary to
operate the Parking Ramp.
(b) Provide bookkeeping and accounting functions.
(c) Pay for all utilities, including gas, water and electricity.
(d) Maintain all operating equipment and security equipment.
(e) Accomplish all reasonably necessary maintenance and repair as per an agreed
upon schedule developed by both parties by March 1 of each year of this
Agreement.
(f) Pay for insurance required by Section 5.2.
The Operator shall not engage in any other business on the Parking Ramp premises other
than to provide such services as may be required to activate inoperative vehicles as requested by
a customer of the Parking Ramp and said business is of a temporary, non - recurring basis for the
convenience of the patients of the Operator and approved by the City.
The Operator shall report in writing to the City, within 48 hours after becoming aware
thereof, any material damage or injury sustained to persons or property, including the Parking
Ramp itself.
Section 2.2 Hours. The Operator agrees to operate the Parking Ramp as a public
parking ramp available to all members of the public at all hours.
Section 2.3 Rates. No fees or parking charges shall be assessed against users of the
Parking Ramp unless the City and the Operator shall mutually agree.
Section 2.4 Maintenance Obligations of the Operator. The Operator agrees that in
the procurement of materials or services for operation and maintenance of the Parking Ramp
exceeding Fifty Thousand Dollars ($50,000.00), the Operator will follow the competitive bidding
requirements of Minnesota Statutes, Section 471.345. The Operator agrees to reasonably
maintain the Parking Ramp, the equipment provided by the City and all parts thereof, in good
condition and repair and in a safe condition; making all repairs as required by this Agreement
thereto, which may be reasonably necessary for this purpose with the approval of the City,
including but not limited to the following:
2
120
(a) Maintain all pavement markings, bumper guards and wheel blocks.
(b) Supply electric bulbs and replace worn out bulbs and fuses.
(c) Maintain and care for all plantings.
(d) Maintain the premises in a reasonably clean, presentable condition by not
allowing dirt, paper, or trash of any kind to accumulate upon the premises; and
remove snow, ice and other obstructions from the property and from driveways
and sidewalks on the Parking Ramp premises. The snow and debris removed
shall not be placed upon the public ways or any portion thereof.
(e) Make all necessary repairs to the structure, plumbing, elevators, and lighting
systems in the Parking Ramp except as provided in this Agreement.
(f) Maintain and keep in good working order all directional and informational signs
located within or on the exterior of the Parking Ramp.
In the event that the Operator shall fail to comply with any of the aforementioned
obligations, the City may, after thirty (30) days' notice to comply, in addition to other remedies
set forth herein, take all steps necessary to insure compliance with the above obligations. The
Operator will provide written assurances satisfactory to the City that Operator is taking such
action to comply with the aforementioned obligations and that such obligations will be cured
within a reasonable period of time.
Section 2.5 Annual Statement and Account. The City shall have the right, at its
expense, to conduct an annual audit of the operations of the Parking Ramp.
Section 2.6 Alterations. The Operator shall make no alterations or additions to said
premises and appurtenances without the prior consent of the City. It is expressly agreed that all
appurtenances, presently or hereafter located in and upon said Parking Ramp, whether affixed
thereto, or not, are and shall remain the property of the City.
Section 2.7 Rebate to Operator Prohibited. It is understood that there shall be no
rebate to the Operator or its officers or employees of any person of any expenditures representing
an operating expense by any person, firm or corporation which has provided goods or services to
the Operator, unless such rebate is approved in writing by the City.
Section 2.8 Authority to Contract Limited. All contracts between the Operator and
third parties for services or materials in connection with the operation and maintenance of the
Parking Ramp over the amount specified in Section 2.4 shall be subject to the prior written
approval of the City, which approval shall not be unreasonably withheld or unduly delayed.
Section 2.9 Damage by Operator. The Operator shall maintain or cause its
contractors to maintain appropriate insurance and shall use the proceeds from such insurance to
repair any damage to the Parking Ramp or equipment therein, caused by the negligent acts or
3
IN
omissions of its employees, agents or contractors. The Operator shall not be directly liable to the
City for damage to the Parking Ramp caused by the negligent acts or omissions of its contractors
provided such contractors maintain the insurance required by Section 5.2 hereof.
Section 2.10 Agreement Not a Tenancy. Nothing in this Agreement shall be
construed as creating a tenancy between the City and the Operator; nor shall the Operator be
deemed to have the right of occupancy to the premises or any part thereof.
ARTICLE III
PERSONNEL
Section 3.1 Selection. The Operator agrees to secure, furnish, train and pay for
personnel as are reasonably necessary to be employed in the successful operations of the Parking
Ramp. Any and all employees of the Operator, or other persons while engaged in the
performance of any work or services required by the Operator under this Agreement shall be
considered employees, agents or contractors of the Operator only, and not employees, agents or
contractors of the City or have any contractual relationship with the City; and any and all claims
that may or might arise under the Worker's Compensation Act of the State of Minnesota, or
other acts on behalf of said employees or other persons while so engaged in any work or services
provided to be rendered herein, shall be the sole obligation and responsibility of the Operator.
Section 3.2 Non - Discrimination. The Contractor shall meet all applicable federal,
state and local laws and regulations pertaining to discrimination and the same shall be considered
a part of this Agreement as if more fully set forth herein.
ARTICLE IV
COMPENSATION AND REIMBURSEMENTS TO OPERATOR
Section 4.1 Reimbursement of Operating and Employee Expenses. The City shall
reimburse the Operator for approved expenses incurred by the Operator pursuant to this
Agreement in the maintenance of the Parking Ramp. The Operator shall submit, along with any
request for reimbursement, documentation of its expenditures, which documentation shall be
reasonably satisfactory to the City. The City shall reimburse 40% of the total operating cost
outside of employee expenses.
The City shall reimburse the Operator for 40% of the Operator's employees' time spent
performing maintenance functions at the Parking Ramp. Employees' time shall be calculated
using a loaded labor rate equaling the employee's base salary multiplied by 130 %.
Section 4.2 Time of Payment. Payments to the Operator for Operator's
compensation and reimbursements shall be made on each April I` during the term of this
Agreement.
SECTION V
INDEMNITY, BONDS, INSURANCE
9
122
Section 5.1 Indemnity. The Operator covenants and agrees to pay subject to all
provisions of this Agreement, all damages for injuries to real or personal property of third parties
growing out of any negligent act or deed or any omission to act of the Operator or any servant,
agent, or employee of the Operator in connection with the operation of the Parking Ramp under
this Agreement. The Operator covenants and agrees to defend, indemnity, safe, and keep the
City harmless against all liabilities, losses, costs (including court and stenographic costs and an
amount in reimbursement of attorneys' fees), damages, expenses, causes of action, suits, claims,
demands and judgments of any kind or nature whatsoever, which may in anyway come against
the City for or on account of personal injuries or death, growing out of any negligent act or deed
or omission to act on the Operator or any servant, agent or employees of the Operator in
connection with the operation of the Parking Ramp under this Agreement.
Section 5.2 Insurance.
(a) Operator shall procure and maintain continuously in effect, during the term of this
Agreement, insurance of the kind and amount sufficient to cover any liability of
the Operator under the Worker's Compensation Act of Minnesota. Such
insurance required in this section shall be taken out and maintained in responsible
insurance companies licensed to do business in the State of Minnesota. Operator
shall furnish the City a policy evidencing such insurance or a certificate or
certificates of the respective insurers stating that such insurance is in force and
effect.
(b) The Operator shall procure and maintain or cause to be procured and maintained
continuously in effect, during the term of this Agreement, policies of insurance of
the kind and minimum amount as follows: Comprehensive general liability
insurance in amounts determined to be desirable by the Operator but not less than
(a) $500,000 for injury to or death of any one person; (b) $2,000,000 for injuring
or deaths arising in any one occurrence; and (c) $2,000,000 for property damage,
including damage to the Parking Ramp caused by negligent acts or omissions of
the Operator, its agents or contractors in any one occurrence; occurring on the
Parking Ramp or arising out of the use thereof, but the policies also may have
annual aggregate limits of not less than $2,000,000. The City and Operator both
shall be insured parties and each policy shall provide that it may not be cancelled
without at least thirty (30) days prior notice to the City and the Operator.
ARTICLE VI
TERMINATION
Section 6.1 Surrender of Premises. Upon termination of this Agreement by lapse of
time or otherwise, the Operator shall surrender and turn over operation and maintenance of the
Parking Ramp premises to the City in the same manner and condition as it received the premises,
excepting reasonable wear and tear and unrestored casualty damage.
Section 6.2 Effect of Default. It is expressly agreed between the parties hereto that
in the event: (1) the Operator shall sell, assign, or pledge this Agreement without the prior
123
written permission of the City; or (2) if default be made in the performance of any of the
covenants and agreements to be performed by the Operator; or (3) if the Operator shall fail to
comply with any of the statutes, ordinances, rules, orders, regulations or requirements of the
federal, state, or City governments which materially affect the operation and maintenance of this
Parking Ramp; or (4) if the Operation shall file a petition in bankruptcy; or make an assignment
for the benefit of creditors or take advantage of any insolvency act, the City may elect to
terminate this Agreement and the remaining term hereof. However, any such default described
in classes 2 or 3 that is incapable of being cured within 10 days after written notice hereof, shall
not be basis for termination of this agreement if the operator provides written assurances,
satisfactory to the City that it is taking actions to cure such default and that the default will be
cured as soon as reasonably possible. In the event the City elects to terminate this lease because
of a violation of this section, upon such termination, the Operator shall compensate the City for
any losses or damages suffered by reason of such default by the Operator with respect to the
operation of this Parking Ramp.
Section 6.3 Termination by Operator. The Operator has the right at its sole
discretion to terminate this operation and maintenance agreement at any time upon 120 days
written notice.
Section 6.4 Termination by City. The City shall have the right to terminate this
Agreement at any time upon the giving of 120 days written notice to the Operator if the City
determines in its sole discretion that it is in the best interests of the City to operate the Parking
Ramp itself or to retain a new operator for the Parking Ramp.
ARTICLE VII
MISCELLANEOUS
Section 7.1 Rights Cumulative. The rights and remedies hereby created are
cumulative, and the use of one remedy shall not be taken to exclude or waive the right to use of
another.
Section 7.2 Notices. In any case where it is desirable for the City to serve upon the
Operator any notice or demand, it shall be sufficient to send a written notice or demand, by
certified mail, postage prepaid, addressed to:
Fairview Health Services
Attn: Real Estate
400 Stinson Boulevard
Minneapolis, MN 55413
In any case where it is desirable for the Operator to give or serve upon the City any notice
or demand, it shall be sufficient to send a written notice or demand, by certified mail, postage
prepaid addressed to:
City of Columbia Heights
C
`K!
ATTN: Community Development Director
590 40'x' Avenue NE
Columbia Heights, MN 55421
Section 7.3 Compliance with Laws and Ordinances. The Operator agrees to
operate said Parking Ramp in compliance with this Agreement and all laws and ordinances of
general application or effect or which may hereafter be adopted by and for the City of Columbia
Heights.
Section 7.4 Assignability by Operator. The rights, obligations and duties under this
Agreement of the Operator shall not be assigned or transferred in whole or in part without the
prior written permission of the City.
Section 7.5 Option to Renew. The Operator agrees that the City, at its option, may
upon the termination of this Agreement extend this Agreement with the Operator on a negotiated
basis, may solicit bids or negotiate with others for such services, or may operate the Parking
Ramp with City personnel.
The Operator agrees that by entering into this Agreement it obtains no additional rights or
privileges in the future regarding the operation of the Parking Ramp and agrees that the City has
not waived or abrogated any power or discretion it has regarding the operation of the Parking
Ramp upon termination of this Agreement.
IN WITNESS WHEREOF, the City and the Operator have caused this Agreement to be
executed in their respective names, as of the date first above written.
CITY OF COLUMBIA HEIGHTS
By:
Its: Mayor
By:
Its:
City Manager
COLUMBIA PARK PROPERTIES, LLP
By:
Its:
125
FAIRVIEW HEALTH SERVICES
By:
Its:
STATE OF MINNESOTA
COUNTY OF ANOKA
Director of Real Estate
The foregoing instrument was acknowledged before me this day of
, 2014, by and
the Mayor and City Manager of the City of Columbia Heights, a Minnesota municipal
corporation, on behalf of the corporation.
Notary Public
STATE OF MINNESOTA
COUNTY OF ANOKA
The foregoing instrument was acknowledged before me this day of
, 2014, by the
Columbia Park Properties, a Minnesota limited liability partnership, on behalf of the
partnership.
Notary Public
STATE OF MINNESOTA
COUNTY OF ANOKA
The foregoing instrument was acknowledged before me this day of
, 2015, by Real Estate Director of
Fairview Health Services, a Minnesota non - profit corporation, on behalf of the
corporation.
of
126
CITY COUNCIL LETTER
Meeting of Mav 11.2015
AGENDA SECTION:
ORIGINATING DEPT:
CITY MANAGER
NO:
License Department
APPROVAL
ITEM: License Agenda
BY: Shelley Hanson
DATE:
NO:
DATE: May 6, 2015
BY:
BACKGROUND /ANALYSIS
Attached is the business license agenda for the May 11, 2015 Council meeting. This agenda consists of
applications for 2015 Contractor Licenses and a Cigarette Sales License.
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 May 11, 2015 as presented.
COUNCIL ACTION:
128
TO CITY COUNCIL May 11, 2015
*Signed Waiver Form Accompanied Application
CONTRACTOR'S LICENSES -2015
BLDG Groth Sewer & Water 775 Tower Dr, Hamel $60
CIGARETTE SALES
*O -City Restaurant /Mohamed Anwar Hamza 4811 Central Ave $300
129
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COLUMBIA HEIGHTS CITY COUNCIL LETTER
T�/(Pr tine niAiT�., 1 1 7111 G
BACKGROUND:
At this time Jerold Lemire, is requesting a Variance for a proposed accessory structure (garage), and
addition to the principal structure (house) at 3828 Quincy Street NE. The applicant is requesting two
waivers to the following sections of City Code.
1) Waiver to Section 9.106 (C) (1) (c)- allowing an accessory structure (detached) to be located next to a
principal structure. City Code states that detached accessory structures must be located behind the principal
structure.
2) Waiver to Section 9.109 (C)- allowing an addition to the principal structure to be located within 4 feet
of the side property line. City Code states that the side yard setback for the property is 5 feet.
RECOMMENDATION:
The Planning and Zoning Commission held a Public Hearing on May 5, 2015 and recommended approval
with a unanimous vote.
RECOMMENDED MOTION:
MOTION: Move to waive the reading of Resolution 2015 -32, there being ample copies available to the
public.
MOTION: Move to adopt Resolution NO. 2015 -32, approving Variances for the property located at 3828
Quincy Street NE.
Attachments: Resolution 2015 -32, Planning Report, Application, Applicant's Narrative, Location Map, Site Plan
COUNCIL ACTION:
138
---y 11, LV1-J
AGENDA SECTION: Public Hearings
ORIGINATING DEPARTMENT: CITY MANAGER'S
NO: 8-1
Community Development APPROVAL
ITEM: Approve Variances for the property
BY: Elizabeth Holmbeck BY:
located at 3828 Quincy Street NE
DATE: May 7, 2015 1 4�v
BACKGROUND:
At this time Jerold Lemire, is requesting a Variance for a proposed accessory structure (garage), and
addition to the principal structure (house) at 3828 Quincy Street NE. The applicant is requesting two
waivers to the following sections of City Code.
1) Waiver to Section 9.106 (C) (1) (c)- allowing an accessory structure (detached) to be located next to a
principal structure. City Code states that detached accessory structures must be located behind the principal
structure.
2) Waiver to Section 9.109 (C)- allowing an addition to the principal structure to be located within 4 feet
of the side property line. City Code states that the side yard setback for the property is 5 feet.
RECOMMENDATION:
The Planning and Zoning Commission held a Public Hearing on May 5, 2015 and recommended approval
with a unanimous vote.
RECOMMENDED MOTION:
MOTION: Move to waive the reading of Resolution 2015 -32, there being ample copies available to the
public.
MOTION: Move to adopt Resolution NO. 2015 -32, approving Variances for the property located at 3828
Quincy Street NE.
Attachments: Resolution 2015 -32, Planning Report, Application, Applicant's Narrative, Location Map, Site Plan
COUNCIL ACTION:
138
RESOLUTION NO. 2015 -32
RESOLUTION APPROVING A VARIANCE
FROM CERTAIN CONDITIONS
OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE
FOR 3828 QUINCY STREET NE.
WHEREAS, a proposal (Case # 2015 -0502) has been submitted by Jerold Lemire to the City
Council requesting a variance from the City of Columbia Heights Zoning Code at the following
site:
ADDRESS: 3828 Quincy Street NE.
LEGAL DESCRIPTION: On file at City Hall,
THE APPLICANT SEEKS THE FOLLOWING RELIEF:
1) Waiver to Section 9.106 (C) (1) (c)- allowing an accessory structure (detached) to be
located next to a principal structure.
2) Waiver to Section 9.109 (C)- allowing an addition to the principal structure to be located
within 4 feet of the side property line.
WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning
Code on May 5, 2015;
WHEREAS, the City Council has considered the advice and recommendations of the Planning
Commission regarding the effect of the proposed variance upon the health, safety, and welfare of
the community and its Comprehensive Plan, as well as any concern related to traffic, property
values, light, air, danger of fire, and risk to public safety, in the surrounding area;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia
Heights that the City Council accepts and adopts the following findings of the Planning
Commission:
Because of the particular physical surroundings, or the shape, configuration,
topography, or other conditions of the specific parcel of land involved, strict
adherence to the provisions of this article would cause practical difficulties in
conforming to the zoning ordinance. The applicant, however, is proposing to use the
property in a reasonable manner not permitted by the zoning ordinance.
2. The conditions upon which the variance is based are unique to the specific parcel of
land involved and are generally not applicable to other properties within the same
zoning classification.
3. The practical difficulties are caused by the provisions of this article and have not been
created by any person currently having a legal interest in the property.
139
4. The granting of the variance is in harmony with the general purpose and intent of the
Comprehensive Plan.
5. The granting of the variance will not be materially detrimental to the public welfare
or materially injurious to the enjoyment, use, development or value of property or
improvements in the vicinity.
FURTHER, BE IT RESOLVED, that the attached plans, maps, and other information shall
become part of this variance and approval; and in granting this variance the city and the applicant
agree that this variance 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.
Passed this 11th day of May, 2015.
Offered by:
Seconded by:
Roll Call: Ayes: Nays:
Mayor Gary L. Peterson
Attest:
Katie Bruno, City Clerk
140
CITY OF COLUMBIA HEIGHTS PLANNING REPORT
CASE NUMBER: 2015 -0502
DATE: April 28, 2015
TO: Columbia Heights Planning Commission
APPLICANT: Jerold Lemire
LOCATION: 3828 Quincy Street NE.
REQUEST. Variance request
PREPARED BY: Elizabeth Holmbeck, Associate Planner
INTRODUCTION
At this time Jerold Lemire, is requesting a Variance for a proposed accessory structure
(garage), and addition to the principal structure (house) at 3828 Quincy Street NE.
1) Waiver to Section 9.106 (C) (1) (c)- allowing an accessory structure
(detached) to be located next to a principal structure. City Code states that
accessory structures must be located behind the principal structure.
2) Waiver to Section 9.109 (C)- allowing an addition to the principal structure to
be located within 4 feet of the side property line. City Code states that the
side yard setback for the property is 5 feet.
COMPREHENSIVE PLAN
The Comprehensive Plan designates this area for low density residential. Being that the
proposed accessory structure and addition would be for the existing house on the
property, the Variance request is consistent with the types of uses guided for this area.
ZONING ORDINANCE
The property located at 3828 Quincy Street NE is zoned R -3 Multiple Family
Residential, as are the properties to the north, south and east. The properties to the
west are located in the 1 -1 Industrial District.
FINDINGS OF FACT (Variances)
Section 9.104 (G) of the Zoning Ordinance outlines five conditions that must be met in
order for the City Council to grant Variances. They are as follows:
141
City of Columbia Heights Planning Commission April 28, 2015
3828 Quincy Street NE, Variance Case # 2015 -0502
a) Because of the particular physical surroundings, or the shape, configuration,
topography, or other conditions of the specific parcel of land involved, strict
adherence to the provisions of this article would cause undue hardship.
The parcel at 3828 Quincy Street NE. does not have alley way access and as
such poses difficulties for the property owner to erect a garage behind the
principal building. Building an attached garage would be costly for the
homeowner. The homeowner wishes to build the addition along the same
building line as the existing structure for aesthetic reasons.
b) The conditions upon which the variances are based are unique to the specific
parcel of land involved and are generally not applicable to other properties
within the same zoning classification.
This is correct.
c) The difficulty or hardship is caused by the provisions of this article and has
not been created by any person currently having a legal interest in the
property.
This is correct.
d) The granting of the variance is in harmony with the general purpose and
intent of the comprehensive plan.
This is correct.
e) The granting of the variance will not be materially detrimental to the public
welfare or materially injurious to the enjoyment, use, development or value of
property or improvements in the vicinity.
This is correct.
RECOMMENDATION
Staff recommends approval of the Variance for an accessory structure, and addition to
the primary structure to be located at 3828 Quincy Street NE,
Motion: Move to close the public hearing and waive the reading of Resolution 2015 -32,
there being ample copies available to the public.
Motion: The Planning Commission recommends that the City Council approve the
Resolution No. 2015 -32 approving Variances for the property located at 3828 Quincy
Street NE.,
Page 2
142
City of Columbia Heights Planning Commission April 28, 2015
3828 Quincy Street NE, Variance Case # 2015 -0502
1) Waiver to Section 9.106 (C) (1) (c)- allowing
(detached) to be located next to a principal structure.
2) Waiver to Section 9.109 (C)- allowing an addition to
be located within 4 feet of the side property line.
ATTACHMENTS
• Draft RESOLUTION NO. 2015-32
• Application
• Applicant's Narrative
• Location Map
• Site Plan
an accessory structure
the principal structure to
Page 3
143
CITY OF COLUMBIA HEIGHTS
VARIANCE APPLICATION
To be filled out by City:
CASE NO.:
APPLICABLE ORDINANCE NO.: 9.904 (G)
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:
PROJECT ADDRESS /LOCATION: , ,A
LEGAL DESCRIPTIO�OF PROPERTf INV LVED (attach separate page if necessary):
PRESENT USE OF PROPERTY: q'cp �,tiso <S�Ea CA
PROPOSED USE OF PROPERTY:
co v1 � : o l (Ac vin& > Fe-cj j
REASON FOR REQUEST (Please attach a written narrative describing the variance being requested. The
narrative should fully explain the hardship(s) that justifies variation from the strict application of the Code. The
terms "hardship" or "undue hardship" typically refer to physical characteristics of the property, such as shape,
soil conditions, or topography. Neither mere inconvenience, nor reduction in value alone, is sufficient to justify
a variance. The inability to put property to its highest and best use is not considered a hardship or practical
difficulty. The problem that justifies the variance must be caused by conditions unique to the property and
beyond the control of the applicant. The applicant cannot create the condition that requires the variance.)
II / G��
APPLICANT e �l , L /-� PHONE (� - ,7JU 4 qG 6 `2 4
E -MAIL _
ADDRESS , ' j ��
PAGER
i I\CY
CELL #
_
CITY cc)
�
STATE 1" \��
ZIP
FEE OWNER OF PROPERTY
ADDRESS
PHONE
FAX
CITY
STATE
ZIP
Page 1 of 2
144
CITY OF COLUMBIA HEIGHTS
VARIANCE APPLICATION
THIS APPLICATION IS SUBJECT TO ACCEPTANCE BY THE CITY PLANNER AND REVIEW OF
APPLICATION AND NECESSARY MATERIALS BEING SUBMITTED.
ITEMS TO BE GIVEN TO APPLICANT WITH APPLICATION
A. Application Checklist
B. Schedule of Planning and Zoning Commission Meetings
ITEMS TO ACCOMPANY VARIANCE APPLICATION
A. Submittals as required in the attached application checklist, describing the variance(s) proposed.
B. Two copies of a list of property owners within 350 feet of the subject property.
APPLICATION FEES:
A. $200 Variance Fee
CITY RECEIPT NUMBER
TOTAL AMOUNT RECEIVED $
DATE RECEIVED / 5
cD O
Acknowledgement: The undersigned hereby represents upon all of the penalties of law, for the purpose of
inducing the City of Columba Heights to take the action herein requested, that all statements herein are true
and that all work herein me tioned will be done in accordance with the Ordinances of the City of Columbia
Heights and the State of Mi nesota:
APPLICANT SIGNATURE
PROPERTY OWNER SIGNATURE (If different from Applicant)
COMMUNITY DEVELOPMENT STAFF MEMBER AND TITLE
Revised 2005
aTi5
0•
1/7//!5
7//5
DATE
Approved by the Columbia Heights Planning Commission on
Approved by the Columbia Heights City Council on
Page 2 of 2
145
1)
There are two projects here that would need approval. One, the house is only 4 feet from the
northern property line. On my last addition I did not need council approval to add on but have
been told we might this time. Second, the garage would need to be partially alongside the house
and not behind it as per ordinance.
Both proposals would need to be approved for us to make this all happen.
2)
As has been brought to the attention of this council before, Invest Cast Company is very noisy.
Locating the garage as diagrammed would do much to mitigate that noise. By reflecting the noise
back into the industrial area to the west it would shield not only our home but also our neighbors
at 3818 Quincy and those across the street.
3)
We have considered other ideas for expanding but think the best utilization of our lot and
particularly, for architectural and aesthetic reasons, the plan as diagramed is the best fit for our
needs while keeping in mind that we are not the only ones who live in this city.
4)
When I added on to this house 7 years ago I had never been married and didn't think it would
ever happen. So I built myself a nice one bedroom home out of what had been a crack/meth
house. Had I known that I would meet the love of my life I would have made other arrangements
then. But now, together, we would like to stay here and add a second bedroom for occasional
guests.
146
3828 Quincy Street NE.
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COLUMBIA HEIGHTS CITY COUNCIL LETTER
Meeting of Mav H. 2015
AGENDA SECTION: Public Hearings
ORIGINATING DEPARTMENT:
CITY MANAGER'S
NO: 8 -2
Community Development
APPROVAL
ITEM: Approve a Minor Subdivision for the
BY: Elizabeth Holmbeck
BY:
property located at 1417 43'd Avenue NE.
DATE: May 7, 2015
7
BACKGROUND:
At this time, Eric Simonson is requesting a Minor Subdivision per City Code Section 9.104 (K), for the
property located at 1417 43rd Avenue NE. The applicant wishes to split the existing lot into two single family
residential lots. There are currently two attached condos existing on the lot. The condos are separated by two,
one -hour rated assemblies (fire walI). Both the City Building Official and the City Fire Chief have reviewed
the application for Minor Subdivision and added a condition of approval, that the fire wall must be maintained
in the present state. The applicant wishes to split the lot and change the property description. The proposal is
consistent with the Comprehensive Plan.
RECOMMENDATION:
The Planning and Zoning Commission held a Public Hearing on May 5, 2015 and recommended approval
with a unanimous vote with two conditions listed in the staff report.
1. The applicant shall be responsible for filing the approved subdivision survey and driveway easement
with the Anoka County Recorder's Office. The approved minor subdivision will become invalid if the
subdivision is not filed with the Anoka County recorder's Office within one year of the date of City
Council action.
2. The fire separation walls must be maintained in the present state.
RECOMMENDED MOTIONS:
Motion: Move to waive the reading of Resolution No. 2015 -34, there being ample copies available to the
public.
Motion: Move to adopt Resolution 2015 -34, for the property located at 1417 43`a 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.
Attachments: Resolution 2015 -34, Planning Report, Application, Applicant's Narrative, Location Map, Survey
COUNCIL ACTION:
149
RESOLUTION NO. 2015-34
RESOLUTION APPROVING A MINOR SUBDIVISION FOR 1417 43rd AVENUE NE.
COLUMBIA HEIGHTS
WHEREAS, a proposal (Case #2015 -0503) has been submitted by Eric Simonson to the City
Council requesting Minor Subdivision approval from the City of Columbia Heights at the following
site:
ADDRESS: 1417 43' Ave. NE.
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING: A Minor Subdivision for the property
located at 1417 43rd Avenue NE.
WHEREAS, the Planning and Zoning Commission has held a public hearing as required by the City
Zoning Code on May 5"', 2015;
WHEREAS, the Planning and Zoning Commission has considered the advice and reconunendations
of the City staff regarding the effect of the proposed Minor Subdivision upon the health, safety, and
welfare of the community and its Comprehensive Plan, as well as any concerns related to
compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the
surrounding areas; and
NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of the City of
Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the
following findings:
1. The proposed subdivision of land will not result in more than three lots.
2. The proposed subdivision of land does not involve the vacation of existing easements.
3. All lots to be created by the proposed subdivision conform to lot area and width requirements
established for the zoning district in which the property is located.
4. The proposed subdivision does not require the dedication of public rights -of -way for the
purpose of gaining access to the property.
5. The property has not previously been divided through the minor subdivision provisions of
this article.
6. The proposed subdivision does not hinder the conveyance of land.
7. The proposed subdivision does not hinder the making of assessments or the keeping of
records related to assessments.
8. The proposed subdivision meets all of the design standards specified in Section 9.115.
FURTHER, BE IT RESOLVED that the attached conditions, survey, and other information shall
become part of this Minor Subdivision and approval; and in granting this Minor Subdivision the city
and the applicant agree that this Minor Subdivision shall become null and void ifthe subdivision has
not been filed with the Anoka County Recorder's Office within one (1) calendar year after the
approval date.
150
CONDITIONS ATTACHED:
The Planning Commission approves the Minor Subdivision for 1417 43rd 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 applicant shall be responsible for filing the approved subdivision survey and driveway
easement with the Anoka County Recorder's Office. The approved minor subdivision will
become invalid if the subdivision is not filed with the Anoka County recorder's Office within
one year of the date of City Council action.
2. The fire separation walls must be maintained in the present state.
Passed this 11 h day of May, 2015.
Offered by:
Seconded by:
Roll Call:
Attest:
Katie Bruno
City Clerk /Council Secretary
Mayor Gary L. Peterson
151
CITY OF COLUMBIA HEIGHTS PLANNING REPORT
CASE NUMBER: 2015 -0503
DATE: April 29, 2015
TO: Columbia Heights Planning Commission
APPLICANT: Eric Simonson
LOCATION: 1417 43r0 Avenue NE.
REQUEST: Minor Subdivision
PREPARED BY: Elizabeth Holmbeck, Associate Planner
INTRODUCTION
At this time, Eric Simonson is requesting a Minor Subdivision per City Code Section
9.104 (K), for the property located at 1417 43rd Avenue NE. The applicant wishes to split
the existing lot into two single family residential lots. There are currently two attached
condos existing on the lot. The condos are separated by two, one -hour rated
assemblies (fire wall). Both the City Building Official and the City Fire Chief have
reviewed the application for Minor Subdivision and added a condition of approval, that
the fire wall must be maintained in the present state. The applicant wishes to split the lot
and change the property description. The applicant prepared a narrative (attached)
detailing the reason for this request.
COMPREHENSIVE PLAN
The Comprehensive Plan guides this area for residential use, which is proposed for this
site.
ZONING ORDINANCE
The property is zoned R -2A, one and two- family residential as are the properties to the
north and west. The properties to the east and south are zoned R -1, single family
residential.
FINDINGS OF FACT (Minor Subdivision)
Section 9.104 (K) of the Zoning Code outlines specific conditions in order for the City
Council to approve a minor subdivision. They are as follows:
1. The proposed subdivision of land will not result in more than three lots.
The proposed subdivision will result in two lots.
152
City of Columbia Heights Planning Commission May 5, 2015
Eric Simonson, Minor Subdivision /Lot Split Case # 2015 -0503
2. The proposed subdivision of land does not involve the vacation of existing
easements.
No vacation of existing easements will occur as a result of the minor subdivision.
3. All lots to be created by the proposed subdivision conform to lot area and width
requirements established for the zoning district in which the property is located.
The lots will conform to the lot width and lot area requirements
4. The proposed subdivision does not require the dedication of public rights -of -way
for the purpose of gaining access to the property.
This is correct.
5. The property has not previously been divided through the minor subdivision
provisions of this article.
This is correct.
6. The proposed subdivision does not hinder the conveyance of land.
This is correct.
7. The proposed subdivision does not hinder the making of assessments or the
keeping of records related to assessments.
This is correct.
8. The proposed subdivision meets all of the design standards specified in Section
9.114.
This is correct.
RECOMMENDATION
Staff recommends that the Planning and Zoning Commission approve the proposed
minor subdivision for the property located at 1417 43rd Avenue NE.
Motion: Move to wave the reading of Resolution NO. 2015 -34, there being ample
copies available to the public.
Motion: That the Planning and Zoning Commission recommends that the City Council
approve the minor subdivision of the property located at 1417 43rd Avenue NE., subject
to certain conditions of approval that have been found to be necessary to protect the
Page 2
153
City of Columbia Heights Planning Commission May 5, 2015
Eric Simonson, Minor Subdivision /Lot Split Case # 2015 -0503
public interest and ensure compliance with the provisions of the Zoning and
Development Ordinance, including:
I . The applicant shall be responsible for filing the approved subdivision survey
and driveway easement with the Anoka County Recorder's Office. The
approved minor subdivision will become invalid if the subdivision is not filed
with the Anoka County recorder's Office within one year of the date of City
Council action.
2. The fire separation walls must be maintained in the present state.
ATTACHMENTS
• Draft Resolution 2015 -34
• Application
• Applicant's Narrative
• Location Map
• Site Survey
Page 3
154
CITY OF COLUMBIA HEIGHTS
MINOR SUBDIVISION (LOT SPLIT) APPLICATION
To be filled out by City:
CASE NO.: DATE RECEIVED: ;j - 3 l — I S
APPLICABLE ORDINANCE NO.: 9.104(J) DATE OF LETTER OF COMPLETION:
PRESENT ZONING: APPROVAL DATE PER STATUTE:
PRESENT LAND USE PLAN DESIGNATION: REVIEW PERIOD EXTENDED:
To be filled out by Applicant:
PROJECT ADDRESS/LOCATION: 141 43 a Avc. N E
LEGAL DESCRIPTION OF PROPERTY INVOLVED (attach separate page if necessary):
- -u..;+ Z Ctc No. �fl3 H3 - AEG Conti, -r0& +.1 Ca�Mo�, Elemer,4, -
to ease. rec - -- --
PRESENT USE OF PROPERTY: 'VWO S�r,tle fame �y I+o►*►eS — _ors ovJn�r occ � d
PROPOSED USE OF PROPERTY:
Sa.rvti �
DOES THE PROPOSED LOT SPLIT CREATE A BUILDABLE LOT? YES X NO
REASON FOR REQUEST (please attach a written narrative that describes how the proposed subdivision will
be comparable to those lots already existing in the immediate neighborhood. There are some platted
residential lots within the City that are different than the current standards. In reviewing requests for approval
of lot splits in such areas, the City is particularly interested in determining that the 'ots to be created . gill be
consistent with the character of the surrounding area.)
APPLICANT erg C_ PHONE G I Z- 53'2 - 3--a3 FAX
E -MAIL S�rnonSa►ie ®grha�I -CoM PAGER CELL# &j2--532--34v3
ADDRESS Lfl -+ N3 ('� Ate
CITY _Go(�nn�ia �e ky STATE M rJ ZIP 5SY Z i
FEE OWNER OF PROPERTY
ADDRESS
PHONE FAX
CITY STATE ZIP
Page 1 of 2
155
CITY OF COLUMBIA HEIGHTS
MINOR SUBDIVISION (LOT SPLIT) 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 LOT SPLIT APPLICATION
A. Application submitted as required in the attached application checklist, showing how the property is
to be split.
APPLICATION FEES:
A. $275 Lot Split
CITY RECEIPT NUMBER
TOTAL AMOUNT RECEIVED $
DATE RECEIVED 3 - ?j' - I'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:
APPLICANT SIGNATURE
PROPERTY OWNER SIGNATURE (If different from Applicant)
0312 -4 1-2c, 19-
DATE
MA
11 e Holryt Imo° c l� = h� aC,i P c _ 1 _� 5
COMMUNITY DEVELOPMENT STAFF MEMBER AND TITLE DATE
Revised: 2005 Approved by the Columbia Heights Planning Commission on
Approved by the Columbia Heights City Council on
Page 2 of 2
156
Hi Elizabeth,
Per your request, here is a little more information on why exactly we are looking at changing the legal
description of the property. We purchased our home (1417) in 2009 from the bank as a
foreclosure, We purchased it for the amazing price of $67,000 because the bank only accepted cash
offers at this time. The reason for this was because apparently the previous owners, then the bank, had
received numerous offers to buy the property using conventional financing but each time the loan fell
through during underwriting, The reason for this was because the property was listed as a condo with
common interests, but there was no official condominium association documents in place, Looking at
our A bedroom, 4 bathroom, 2,000 square foot home, it is pretty silly to think of it as a condo.
Fast forward to April of this year, the other side (1415) went on sale and I contacted the realtor. We
agreed to work with him in a dual agency capacity and when I explained to him the legal description
issue, he all but conceded the owner would have an impossible time selling it. Worrying the owner
would eventuallyjust take it off the market when he couldn't sell (because it was producing decent
rental income) and not wanting to lose the opportunity to buy the house and control both sides, I was
able to lean on some contacts I had to obtain a very unconventional 5 year balloon loan. I'm now
looking to refinance this to a traditional 30 year fixed loan and the bank will not let me do that with the
current description.
In a nutshell, I think the city and county would agree that the current legal description is probably not in
the best interest of all parties and it would be better served as a twin home. Please let me know if you
have any questions!
Thanks,
Eric
612 - 532 -3703
157
! Illill Nlll VIII liiil dill !1111 lNII ill! Ill!
Record ID 2950331
2098570.005
(Above Space Reserved for Recording Data)
Common Interest Community No. 103
Condominium
43RD AVENUE COMMONS
AGREEMENT TO TERMINATE COMMON INTEREST COMMUNITY
THIS AGREEMENT TO TERMINATE COMMON INTEREST COMMUNITY
is executed this day of 2014 by West Financial Credit Union, a
Minnesota Credit Union, Affinity Plus Federal Credit Union, an unregistered Minnesota
Credit Union, Eric Simonson and Alexis Simonson, two married individuals residing at
1417 43rd Avenue SE, Columbia Heights, MN 55421.
RECITALS
A. 43RD AVENUE COMMONS was created by a declaration dated
November 28, 2001, filed November 29, 2001 as Document No. 1623612.
B. 43RD AVENUE COMMONS is hereafter referred to as "the
Condominium."
C. The Condominium was created on the real estate located in Anoka
County, Minnesota described as follows;
The South 100.00 feet of Lot 48 and South 100.00 feet of the
West 17.00 feet of Lot 49 except the South 5.00 feet thereof,
Block 2, Reservoir Hills, Anoka County, Minnesota.
158
D. The Condominium consists of the following units:
Unit No. 1
Unit No, 2
43rd Avenue Commons, Common Interest Community No. 103.
E. All of the real estate described in C above which is not included within the
units described in D above constitutes common elements or limited common elements.
F. The undersigned Eric Simonson and Alexis Simonson own all of the units
described above and all of the common elements or limited common elements, and
consequently hold 100% of the votes in the association.
G. Unit 1 and Unit 2 are encumbered by mortgages, West Financial Credit
Union has a mortgage interest in Unit No. 1 of the Property, and Affinity Plus Federal
Credit Union has a mortgage interest in Unit No, 2 of the Property.
H. The undersigned 43rd Avenue Commons, is a Minnesota nonprofit
corporation incorporated pursuant to Minnesota Statutes, Chapter 317A to act as the
association of unit owners as required by the Minnesota Common Interest Ownership
Act (the "Association "),
I, The undersigned by this document wish to terminate the above referenced
common interest community.
IT IS HEREBY AGREED:
1. 43rd Avenue Commons, Anoka County, Minnesota, Community interest
Community No. 103 shall be terminated in accordance with Minnesota Statutes,
515B.2 -119.
2. This Agreement to Terminate Common Interest Community shall be void unless
recorded prior to March 1, 2015.
3. The termination of the common interest community and winding up of its affairs
shall be accomplished by March 1, 2015 or this Agreement to Terminate
Common Interest Community shall be revoked.
4. This Agreement to Terminate Common Interest Community shall be recorded in
the office of Anoka County, Minnesota Property Records and Taxation
Department.
5. Upon completion of the termination of the common interest community and
winding up of the affairs of the Association, a certificate of termination executed
by the Association will be recorded in the office of the Anoka County Property
Records and Taxation Department.
Pa
159
Rx Date /Time DEC- 09- 2014(TUE) 09:22
0 12/09/2014 7:59 AM 14154847068
STATE OF MINNESOTA )
ss,
COUNTY OF � --Iflo k� )
14154847068
-)17632356001
Alexis Simonson
ANNETTE VETSE
COMM. X131052039
Notary Public
Slate of Minnesota
My Commission Expires 1!31!2017
The foregoing instrument was acknowledged before me this day of
N (E'rl1 b r 1' , 2014 by Alexis Simonson, an individual.
STATE OF MINNESOTA )
ss.
COUNTY OF1)
P, 007
07
West Finagcial Credit Union
By / w
Its
The foregoing instrument was acknowledged before me this ` ��day of
%x't c I i , 2014 bYllit � ` , the of
West Financial Credit Union, an id ividual, on behalf of the Minnesibita Crcdi—Wnion.
AMY L. GREEN
No to Public- Minnesota
^' it My rnmmissbn
t�lres Jnn 31, zois
4
160
i
i
ANOKA COUNTY MINNESOTA
Document No.: 2098570.005 ABSTRACT
I hereby ceriifl•, that the within instrument was filed in
this office for record on: 01/16/2015 10:08:00 AM
Fees!Taxes In the Amount of $46.00
JONELL M. SAWYER
Anoka County Property Tax
Administrator /Recorder /Registrar of Titles
MIA, Deputy
Record ID. 2950331
161
CERTIFICATE OF SURVEY
FOR Eric Simonson
(MEASUREMENTS SHOWN IN FEET AND DECIMALS OF A FOOT)
i HEREBY CERTIFY THAT THIS SURVEY. PLAN OR REPORT
KURTH SURVEYING, INC.
WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION
AND THAT I AM DULY SURVEYOR UNDER
T14: F
4002 JEFFERSON ST. N.E.
COLUMBIA HEIGHTS, MN N.E.
TH STA
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pFp n�� 7g6 -9769 FAX (76J� 7B8 -7602
E -MAIL: ksi ®kurthsurveyingmc.com.
Randy L. Kurth, L.L.S. No. 20270
Russell J. Kurth, L.L.S. No. 16113
0 20
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SCALE IN FEET
o GARAGE 47.20
BEARINGS SHOWN PER PLAT
OF CIC NUMBER 103
- - - - WEST
63.20
126.25 - - --
63.05
DATE 2 -23 -2015
O = IRON PIPE MONUMENT SET
0 = IRON PIPE MONUMENT FOUND
0 = SPIKE SET
-x- = CHAIN LINK FENCE (CLF)
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E] = BITUMINOUS SURFACE
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------ - - - - -- -WEST 63.2•_ -___-
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EXISTING PROPERTY DESCRIPTION (PER DOC. NO. 2095870.005)
The south 100.00 feet or Lot 48 and the south 100.00 feet of the west 17.00 Feet of Lot 49 except the south 5.00 feet thereof,
Block 2, RESERVOIR HILLS, Anoka County, Minnesota
PROPOSED PROPERTY DESCRIPTION - PARCEL A
The north 95.0 feet of the south 100.0 feet or the west 63.2 feet or Lot 48, Block 2, RESERVOIR HILLS, Anoka County, Minnesota.
Together with an easement for driveway, ingress and egress over the south 25.0 Feet of the east 24.8 feet of the west 88.0 feet
OF said Lot 48, Block 2.
PROPOSED PROPERTY DESCRIPTION - PARCEL B
That part of the north 95.0 feet of the south 100.0 feet of Lot 48, lying easterly or the west 63.2 feet and the north 95.0 feet
of the south 100.0 Feet of the west 17.0 feet of Lot 49, Block 2, RESERVOIR HILLS, Anoka County, Minnesota.
Reserving and subject to an easement for driveway, ingress and egress over the south 25.0 Feet or the east 24.6 feet of tho
west 88.0 Feet of said Lot 48, Block 2.
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36 -70-24
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43RD AVENUE N.E. (40' R /W)
EXISTING PROPERTY DESCRIPTION (PER DOC. NO. 2095870.005)
The south 100.00 feet or Lot 48 and the south 100.00 feet of the west 17.00 Feet of Lot 49 except the south 5.00 feet thereof,
Block 2, RESERVOIR HILLS, Anoka County, Minnesota
PROPOSED PROPERTY DESCRIPTION - PARCEL A
The north 95.0 feet of the south 100.0 feet or the west 63.2 feet or Lot 48, Block 2, RESERVOIR HILLS, Anoka County, Minnesota.
Together with an easement for driveway, ingress and egress over the south 25.0 Feet of the east 24.8 feet of the west 88.0 feet
OF said Lot 48, Block 2.
PROPOSED PROPERTY DESCRIPTION - PARCEL B
That part of the north 95.0 feet of the south 100.0 feet of Lot 48, lying easterly or the west 63.2 feet and the north 95.0 feet
of the south 100.0 Feet of the west 17.0 feet of Lot 49, Block 2, RESERVOIR HILLS, Anoka County, Minnesota.
Reserving and subject to an easement for driveway, ingress and egress over the south 25.0 Feet or the east 24.6 feet of tho
west 88.0 Feet of said Lot 48, Block 2.
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36 -70-24
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CITY COUNCIL LETTER
Meeting of: May 11, 2015
AGENDA SECTION: ITEMS FOR
ORIGINATING
CITY
CONSIDERATION
DEPARTMENT:
MANAGER'S
NO:
CITY MANAGER'S
APPROVAL
ITEM: NEGOTIATE CABLE FRANCHISE
BY: KELLI BOURGEOIS
BY:
WITH CENTURYLINK
DATE: 5 -7 -2015
DA E:
NO:
Enclosed please find a Staff report regarding review of CenturyLink's cable franchise application. The Exhibit
document referred to in the Staff report is 196 pages in size so I did not include that. If you are interested in a copy
please let me know and I will get one to you immediately, either in paper or electronic format.
The next step in the process to consider a cable franchise with CenturyLink is for City Council to review the Staff
Report and if accepted, to authorize staff to negotiate the cable franchise. If City Council takes this action, we would
enter into negotiations with CenturyLink immediately and tentatively plan to present a draft franchise to City Council
at a public hearing on June 8th with final City Council action on the franchise Ordinance on June 22na
RECOMMENDED MOTION: Move to receive the enclosed Report and direct staff to negotiate a cable
communications franchise with CenturyLink consistent with the Report.
COUNCIL ACTION:
164
CITY OF COLUMBIA HEIGHTS
Staff Report
On
CenturyLink Cable Franchise Application
Kelli J. Bourgeois, Assistant to the City Manager
Michael R. Bradley, Bradley Hagen & Gullikson, LLC
May 7, 2015
W -1
Executive Summary
This Report addresses the application for a cable television franchise to Qwest Broadband
Services, Inc., doing business as CenturyLink ( "CenturyLink "), a wholly owned subsidiary of
CenturyLink, Inc., and its subsidiaries. CenturyLink filed a franchise application with the City
of Columbia Heights (the "City ") on March 12, 2015, requesting a franchise to provide cable
services within the City.
The City held a public hearing on March 23, 2015. The public hearing remained open
until March 27, 2015, to allow the public additional time to comment on the application, at
which time the public hearing closed. Following the close of the public hearing, the City's
Assistant to the City Manager commenced review of the application. Mike Bradley of Bradley
Hagen & Gullikson, LLC, long -time outside counsel to the City on cable franchising matters,
assisted in the review and drafting of this Report.
Upon review of the public record on CenturyLink's application materials, it is the
Assistant to the City Manager's recommendation that staff now be directed to negotiate a cable
franchise with CenturyLink, consistent with this Report. The Assistant to the City Manager
anticipates that the resulting competition between CenturyLink and Comcast will benefit cable
subscribers through better service, lower rates, and improved programming choices.
It is recommended that any CenturyLink cable franchise contain commitments that taken
as a whole are comparable (but not necessarily identical) to those in the existing cable franchise.
This approach should permit the City to promote its interest in developing competition for cable
service, while preventing CenturyLink or the incumbent cable franchise holder, Comcast, from
obtaining an unfair competitive advantage. A cable franchise is a valuable privilege to use the
public rights -of -way to provide residents cable service. Any franchise, while recognizing that
CenturyLink would be the second wire -line franchised cable operator, must adequately address
the following issues:
• Adequate protections to the public to prevent economic redlining or "cherry picking."
• Fair and Reasonable build -out requirements with the goal of CenturyLink providing
competitive cable services throughout the entire City within a reasonable time and in
an equitable manner.
• Provisions consistent with Level Playing Field requirements under applicable law
addressing:
• Area to be served
• Public, Educational, and Governmental ( "PEG ") Television
• Payment of a Franchise Fee
• Indemnification from any litigation resulting from the grant of a franchise.
If the Assistant to the City Manager's recommendation is adopted by the City, City staff
should be directed to commence negotiating a cable franchise with CenturyLink immediately.
Following negotiations, the City should schedule a public hearing on the proposed cable
franchise ordinance. The City may act on the cable franchise ordinance any time seven days
following the public hearing on the cable franchise ordinance. At the time of any City decision
166
to award a cable franchise by ordinance or to deny the award of a cable franchise, it will need to
make findings of fact in support of its decision.
167
Section 1
The CenturyLink Application and Public Record
In the summer of 2014, CenturyLink publicly announced that it would begin offering 1
Gigabit internet service in the Twin Cities area. In the fall of 2014, CenturyLink approached the
City of Columbia Heights ( "City ") about obtaining a cable franchise. In January, 2015,
CenturyLink informed City staff that it was prepared to apply for a cable franchise with the City.
The City then published a Notice of Intent to Franchise in compliance with the Minnesota Cable
Act.' See Exhibit 1.
CenturyLink submitted a timely franchise application on March 12, 2015, to the City.
See Exhibits 2 and 3. The City then issued a request for information, to which CenturyLink
responded. See Exhibits 4 and 5. A public hearing was held before the City on March 23,
2015.2 The purpose of this report is to review the CenturyLink application in light of the public
record and recommend whether City staff should be directed to negotiate a cable franchise with
the company.
Section 2
Impact of Competition on Consumers and Challenges to New Entrant
The Federal Communications Commission ( "FCC ") is the expert agency in the country
on communications issues. It has addressed the impact of competitive cable franchises on
consumers. The FCC recognized that, "[n]ew competitors are entering markets for the delivery
of services historically offered by monopolists: traditional phone companies are primed to enter
the cable market, while traditional cable companies are competing in the telephony market." 3
According to the FCC, both traditional cable and traditional phone companies are projected to
offer customers a "triple play" of voice, high -speed Internet access, and video services over their
respective networks. Id. When a traditional phone company enters into the marketplace, the
FCC has found,
[CJompetition for delivery of bundled services will benefit
consumers by driving down prices and improving the quality of
service offerings.
Id. at para. 2 (emphasis added). Last year, the FCC found that average prices in communities
with effective competition increased less than in communities without effective competition. See
Report on Cable Industry Prices, DA 14 -672, at ¶ 4 (Rel. May 16, 2014). The Report on Cable
Industry Prices found the price per channel for expanded basic service is 13.5 percent lower in
effective competition areas. Id. at T 16.
1 See Minnesota Statutes Chapter 238.
2 The Public Hearing can be found at: http://www.ei.columbia-heiehts.mn.us/index.aspx?nid=426 (select March 23,
2015 Meeting).
3 See In the Matter of Section 621(a)(1) of the Cable Communications Policy Act of 1984 as antended by the Cable
Television Consumer Protection and Competition Act of 1992, Report and Order and Further Notice of Proposed
Rulemaking, MB Docket No. 05 -311, at ¶ 2 (Rel. March 5, 2007) (the "621" Order) (the "621 Order "). The 621
Order is attached as Exhibit 8. The 621 Order was upheld on appeal. See Alliance for Community Media v. FCC,
529 F.3d 763 (6`h Cir. 2008), attached as Exhibit 9.
168
The FCC has also recognized some of the challenges of being the second cable operator
in the marketplace. In its 621 Order, the FCC found,
[T]he circumstances surrounding competitive entry are
considerably different than those in existence at the time
incumbent cable operators obtained their franchises. Incumbent
cable operators originally negotiated franchise agreements as a
means of acquiring or maintaining a monopoly position.
[A second] entrant cannot assume that it will quickly -- or ever --
amass the same number or percentage of subscribers that the
incumbent cable operator captured
621 Order at ¶ 26 (emphasis added, footnotes omitted). Applicants for competitive cable
franchises, unlike an incumbent cable provider, "do not have the promise of revenues from video
services to offset the costs of such deployment." 621 Order at ¶ 3. The competitor faces
"financial risk" and "uncertainty" when entering the market. Id. at ¶ 28.
Section 3
The Incumbent Franchised Cable Operator — Comcast
The history of cable franchising within the City goes back to the 1980s. The City
initially granted a cable communications franchise to Comcast's predecessor in interest in 1981,
by enacting a cable franchise ordinance. See Ord. No. 982. Several changes in ownership,
structure and name took place after 1981. Eventually, the franchise was transferred to Comcast
in 2002. See Res. No. 2002 -48. In 2010, the franchise was renewed. See Ord. No. 1583. Since
the franchise was granted in 1981, no second (or competitive) cable franchise has been requested
or granted in the City.
Section 4
The City's Authority to Franchise
State law requires that "[a] municipality shall require a franchise or extension permit of
any cable communications system providing service within the municipality." Minn. Stat. §
23 8.08, Subd. 1(a). Additionally, a cable service provider must obtain a cable franchise prior to
offering cable service. See 47 U.S.C. § 541(b)(1).
Section 5
Applicable Federal, State and Local Legal Requirements
The applicable legal requirements for examining an initial franchise application are
contained in the Cable Communications Policy Act of 1984, as amended (the "Federal Cable
Act "), and Chapter 238 of Minnesota Statues (the "Minnesota Cable Act "). The specific
procedures to be followed in soliciting and reviewing cable franchise applications are contained
2
169
in the Minnesota Cable Act.4 Substantive criteria the City may use in evaluating applications are
set forth in the Federal Cable Act,
Section 6
State Cable Franchise Application Requirements
A. The State Cable Franchise Application Process
The Minnesota Cable Act, found in Minnesota Statutes Chapter 238, lays out the process
for granting an additional cable franchise. The following is a summary of the franchising
process found in Section 238.081:
r' Publication of Notice. A notice of intent to franchise must be published once a week for
two successive weeks in a newspaper of general circulation. The statute identifies the
information required in the notice, such as (1) the name of the municipality making the
request; (2) the closing date for submission of applications; (3) a statement of the
application fee, if any, and the method for its submission; (4) a statement by the
franchising authority of the services to be offered; (5) a statement by the franchising
authority of criteria and priorities against which the applicants for the franchise must be
evaluated; (6) a statement that applications for the franchise must contain at least the
information required by state law; (7) the date, time, and place for the public hearing, to
hear proposals from franchise applicants; and (8) the name, address, and telephone
number of the individuals who may be contacted for further information.
y Written Notice. In addition to publishing the notice of intent to franchise in one or more
newspapers, a franchising authority must mail copies of the notice of intent to franchise
to any person it has identified as being a potential candidate for a franchise.
r Deadline for Application Submission. A franchising authority must allow at least 20
days from the first date of published notice for the submission of franchise proposals. In
other words, the deadline for submitting franchise proposals cannot be earlier than 20
days after the date that a jurisdiction's notice of intent to franchise was first published in
a newspaper of general circulation.
v Contents of franchising proposal. The Minnesota Cable Act requires all fanchise
applications be signed in front of a notary and that certain information also be included in
all franchise applications. Generally, the information includes:
• Plans for channel capacity;
• A statement of the television and radio broadcast signals for which
permission to carry will be requested from the Federal
Communications Commission;
• A description of the proposed system design and planned operation;
• Terms and conditions under which particular service is to be
provided to governmental and educational entities;
4 See Minn. Stat. § 238.081, Subd. 1 -7.
170
• A schedule of proposed rates in relation to the services to be
provided and a proposed policy regarding unusual or difficult
connection of services;
• A time schedule for construction of the entire system with the time
sequence for wiring the various parts of the area requested to be
served in the request for proposals;
• A statement indicating the applicant's qualifications and experience
in the cable communications field, if any;
• An identification of the municipalities in which the applicant either
owns or operates a cable communications system, directly or
indirectly, or has outstanding franchises for which no system has
been built;
• Plans for financing the proposed system;
• A statement of ownership detailing the corporate organization of the
applicant; and
• A notation and explanation of omissions or other variations with
respect to the requirements of the proposal.
Public hearing on franchise. Each franchising authority must hold a public hearing
before the franchising authority affording reasonable notice and a reasonable opportunity
to be heard with respect to all applications for a franchise.
Award of franchise. Cable franchises may be awarded only by ordinance, after holding
any necessary public hearings. A franchise may not be awarded until at least seven days
after the public hearing.
Section 7
Federal Law
A. The Federal Cable Act
As the FCC noted in its 621 Order, local franchising authorities may not unreasonably
deny an additional competitive franchise to potential competitors who are ready and able to
provide service in order "[t]o encourage more robust competition in the local video
marketplace..." See 621 Order at ¶ 7; and 47 U.S.C. § 541(a)(1). In awarding a franchise, a
local franchising authority may establish construction schedules and construction requirements,'
and may require adequate assurances that an applicant:
Will provide adequate public, educational and governmental access
channel capacity, facilities or financial support; and
2. Possesses the financial, technical and legal qualifications to
provide cable service.
47 U.S.C. § 541(a)(4)(B) -(C).
'See 47 U.S.C. § 552(a)(2).
4
171
A local franchising authority must also allow an applicant's cable system a reasonable
period of time to become capable of providing cable service to all households in the franchise
area. 47 U.S.C. § 541(a)(4)(A). Additionally, in awarding a franchise, a local franchising
authority must assure that access to cable service is not denied to any group of potential
residential cable subscribers because of the income of the residents of the local area in which
such group resides. 47 U.S.C. § 541(a)(3). Stated differently, a local franchising authority
cannot allow a cable service provider to engage in economic redlining or "cherry- picking."
B. 621 Order — Competitive Cable Franchising
In 2007, the Federal Communications Commission (the "FCC" or the "Commission ")
released a Report and Order and Further Notice of Proposed Rulemaking addressing competitive
cable franchising. 6 It is sometimes referred to as the "621 Order" because it addresses the
implementation of Section 621(a)(1) of the Federal Cable Act, Section 621(a)(1), among other
things, prohibits franchising authorities from unreasonably refusing to award competitive cable
franchises.
C. 621 Order — Applicability to State Laws
By its terms, the 621 Order applies only to new entrants.$ According to the FCC, the 621
Order does "not preempt state law or state level franchising decisions ...s9 Rather, the FCC
"expressly limited] ... [its] findings and regulations in this Order to actions or inactions at the
local level where a state has not specifically circumscribed the LFA's authority. "10 In this
regard, local laws, regulations, practices and agreements are preempted to the extent that they
conflict with the FCC's rules or guidance adopted in the 621 Order and are not "specifically
authorized by state law. "11 The FCC recently clarified the 621 Order in Implementation of
Section 621(a)(]) of the Cable Communications Policy Act of 1984 as amended by the Cable
Television Consumer Protection and Competition Act of 1992, Order on Reconsideration (Rel.
Jan. 21, 2015) ( "We clarify that those rulings were intended to apply only to the local franchising
process, and not to franchising laws or decisions at the state level"). 12
D. 621 Order — Impact of Build -out Requirements on Competition and Consumers
The FCC has concluded that in many cases, build -out requirements "deter competition
and deny consumers a choice." 621 Order at ¶ 37. Additionally, build -out mandates may also
directly contravene the goals of Section 706 of the Telecommunications Act of 1996, which
requires the FCC to "remov[e] barriers to infrastructure investment" to encourage the
deployment of broadband services "on a reasonable and timely basis." Id. at ¶ 41.
° See FN 3.
7 Section 621(a)(1) is codified at 47 U.S.C. § 541(a)(1).
8 See, e.g., 621 Order at m( 18 and 139.
9 Id. 1 126.
10 Id. at 11, n. 2.
' 1 621 Order at ¶ 126.
'Z See Exhibit 10, at 17.
5
172
The FCC has recognized that "build -out issues are one of the most contentious between
LFAs and prospective new entrants, and that build -out requirements can greatly hinder the
deployment of new video and broadband services." 621 Order at ¶ 31. According to the FCC,
large incumbent local exchange carriers ("LECs ") "view build -out requirements as the most
significant obstacle to their plans to deploy competitive video and broadband services." Id.
While an incumbent LEC already has telecommunications facilities deployed over large areas, it
still must upgrade its existing plant to enable the provision of video service, which often requires
a significant investment of capital. Id. at ¶ 38.
The FCC also found in its 621 Order that build -out requirements can substantially reduce
competitive entry." Id. at ¶ 32. According to the FCC,
Build -out requirements can deter market entry because a new
entrant generally must take customers from the incumbent cable
operator, and thus must focus its efforts in areas where the take -
rate will be sufficiently high to make economic sense. Because the
second provider realistically cannot count on acquiring a share of
the market similar to the incumbent's share, the second entrant
cannot justify a large initial deployment. Rather, a new entrant
must begin offering service within a smaller area to determine
whether it can reasonably ensure a return on its investment before
expanding.
621 Order at' 35 (Footnotes omitted). Therefore,
Due to the risk associated with entering the video market, forcing
new entrants to agree upfront to build out an entire franchise
area too quickly may be tantamount to forcing them out of -- or
precluding their entry into -- the business.
621 Order at ¶ 35 (Footnotes omitted). In analyzing the impact of build -out requirements on
consumers, the FCC found that in many cases it adversely affects consumer welfare. 621 Order
at � 36. The Department of Justice commented that "imposing uneconomical build -out
requirements results in less efficient competition and the potential for higher prices." Id. Non-
profit research organizations the Mercatus Center and the Phoenix Center each concluded that
build -out requirements imposed on competitive cable entrants only benefit an incumbent cable
operator. Id_ Historically, the greatest difference in pricing occurred where there was wireline
overbuild competition. In those situations, average monthly cable rates were 20.6 percent lower
than the average for markets deemed noncompetitive. Id.
E. FCC 621 Order - Federal Preemption of Unreasonable Build -Out Mandates
In the 621 Order, the FCC declared "it is unlawful for LFAs to refuse to grant a
competitive franchise on the basis of unreasonable build -out mandates." 13 The 621 Order does
" 621 Order at 189,
0
173
not expressly prohibit full municipal build -out requirements, if they are reasonable (which will
depend on local circumstances). Although the FCC did not definitively define what constitutes
an "unreasonable build -out" mandate, it did list examples of both reasonable and unreasonable
build -out requirements.
a. Examples of Unreasonable Build -Out Requirements.
The FCC's examples of unreasonable build -out mandates include:
• requiring a new entrant to serve everyone in a franchise area before
it has begun to serve anyone;
• requiring facilities -based entrants, such as incumbent LECs, to
build out beyond the footprint of their existing facilities before
they have even begun to provide cable service;
• requiring more of a new entrant than an incumbent cable operator
by, for instance, requiring the new entrant to build out its facilities
in a shorter period of time than that afforded to the incumbent;
• requiring the new entrant to build out and provide service to areas
of lower density than those that the incumbent cable operator is
required to build out to and serve;
• requiring a new entrant to build out to and service buildings or
developments to which the entrant cannot obtain access on
reasonable terms or which cannot be reached using standard
technologies; and
• requiring a new entrant to build out to and provide service to areas
where it cannot obtain reasonable access to and use of public
rights-of-way. 14
b. Examples ofReasonable Build -Out Requirements.
The FCC notes that it would seem reasonable for a local franchising authority to consider
benchmarks requiring the new entrant to increase its build -out after a reasonable time, taking into
account the new entrant's market success. 15 The FCC also opined that it would seem reasonable
to establish build -out requirements based on a new entrant's market penetration. 16
F. 621 Order - PEG and Institutional Networks
The 621 Order concludes that "LFAs may not make unreasonable demands of
competitive applicants for PEG and 1 -Net" and that doing so constitutes an unreasonable refusal
to award a franchise. 17 With regard to PEG channel capacity, the FCC determined that it would
be unreasonable "to impose on a new entrant more burdensome PEG carriage obligations that it
14 Id. at T¶ 89 -90.
15 Id. at 189.
16 Id.
'- Id. at ¶ 110.
174
has imposed on the incumbent cable operator. "18 Overall, the FCC found that PEG support must
be both "adequate and reasonable. "19 Adequacy is defined by the FCC as "satisfactory or
sufficient. "20 The 621 Order does provide some examples of unreasonable PEG and Institutional
Network support obligations, 21 including:
• Completely duplicative PEG and I -Net requirements; 22
• Payment of the face value of an I -Net that will not be constructed;
and
• Requirements that are in excess of the incumbent cable operator's
obligations.
According to the FCC, pro rata cost sharing of current (as opposed to future) PEG access
obligations is per se reasonable.23 In the event that pro rata cost sharing is utilized, PEG
programming providers must permit a new entrant to interconnect with existing PEG video
feeds.24 The new entrant must bear the cost of interconnection.
G. 621 Order — Local Level Playing Field Requirements
Local level playing field requirements are generally preempted by the 621 Order. 25 This
could mean that level playing field provisions (commonly called "Competitive Equity" in local
Comcast franchises) included in existing cable franchise ordinances are preempted.
Section 8
State and Local Law
A. State Level Playing Field Statute
While under federal law, a franchising authority may not unreasonably refuse to award an
additional competitive franchise, Minnesota state law further restricts a franchising authority's
ability to franchise with a level playing field provision that reads as follows:
No municipality shall grant an additional franchise for cable
service for an area included in an existing franchise on terms and
conditions more favorable or less burdensome than those in the
existing franchise pertaining to:
(1) the area served;
'$ Id. at ¶ 114.
19 Id. at ¶ 115.
2° Id. at ¶ 112.
2' Id. at ¶ 119.
22 The 621 Order does appear to say that duplication is permissible if required for public safety purposes. Id. In
addition, the FCC clarified that "an I -Net requirement is not duplicative if it would provide additional capability or
functionality, beyond that provided by existing I -Net facilities." Id.
21 621 Order at 1120.
24 Id.
21 Id. at 1138.
MR
(2) public, educational, or governmental access requirements;
or
(3) franchise fees.
Nothing in this paragraph prevents a municipality from imposing
additional terms and conditions on any additional franchises.
Minn. Stat. § 23 8.08, subd. 1(b) (emphasis added). This language does not mean that the
language or terms of a franchise must be the same between competitors. See WHLink, LLC v.
City of Otsego, 664 N.W.2d 390, 396 (Minn. Ct. App. 2003) (more favorable or less burdensome
interpreted as "substantially similar ").
B. The Five -Year Build Statute
The Minnesota Cable Act also has a section that addresses franchise requirements for all
local franchises. One of those provisions requires:
(m) a provision in initial franchises identifying the system capacity
and technical design and a schedule showing:
(1) that construction of the cable communications system must
commence no later than 240 days after the granting of the
franchise;
(2) that construction of the cable communications system must
proceed at a reasonable rate of not less than 50 plant miles
constructed per year of the franchise term;
(3) that construction throughout the authorized franchise area
must be substantially completed within five years of the granting
of the franchise; and
(4) that the requirement of this section be waived by the
franchising authority only upon occurrence of unforeseen events or
acts of God;
See 238.084, Subd. 1(m) (emphasis added). It is the position of CentuiyLink that the Five -Year
Build statutory requirement is a barrier to entry and is preempted by the Federal Cable Act. See
Exhibit 2 at pp. 12 -17 and Section I I(c) below.
C. Comcast Cable Franchise
In addition to federal and state law, local law also must be considered. The local law
applicable to the application for an additional franchise is the current franchise with the
incumbent franchised cable operator, Comcast.
6
176
The Comcast cable franchise has a local level playing field provision, called
"Competitive Equity," which addresses competitive franchises, in section 11.102(K), which
states:
(K) Competitive Equity.
(1) Any Cable Service Franchise granted by the City shall
be nonexclusive and shall not preclude the City from granting
other or further Cable Service franchises. The City reserves the
right to grant one (1) or more additional Cable Service franchises.
The City shall amend this Franchise, as requested by the Grantee,
if it grants additional Cable Service franchises or similar
authorizations that contain material terms or conditions which are
substantially more favorable or less burdensome to the additional
franchise holder than the material terms and conditions herein. A
word for word identical franchise or authorization for a
competitive entity is not required so long as the regulatory and
financial burdens on each entity are generally equivalent.
(2) Notwithstanding any provision to the contrary, at any
time prior to the commencement of the Grantee's thirty -six (36)
month renewal window under Section 626 of the Cable
Communications Policy Act of 1984, as amended, 47 U.S.C. §
546, that a non - wireless facilities based entity, legally authorized
by State or federal law, makes available for purchase by
Subscribers or customers, Cable Services within the City without a
Cable Service franchise or other similar lawful authorization
granted by the City, then the Grantee shall have a right to request
Franchise amendments that relieve it of regulatory burdens that
create a substantial competitive disadvantage to the Grantee. In
requesting amendments, the Grantee shall file a petition seeking to
amend this Franchise. Such petition shall: (a) indicate the presence
of such wireline competitor and identify the competitor and the
scope of its service area; (b) describe the Cable Services offered to
Subscribers or customers by the competitor; (c) identify the
Franchise terms and conditions for which Grantee is seeking
amendments; (d) provide the text of all proposed Franchise
amendments to the City, along with a written explanation and
justification as to why the proposed amendments are necessary;
and (e) identify all material terms or conditions in the applicable
State or federal authorization which are substantially more
favorable or less burdensome to the competitive entity.
Provided the Grantee fully cooperates with the City and provides
all requested data, the City shall act on the petition within 120
calendar days, unless the parties agree to an extension of time. The
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City may consider all relevant factors, evidence and circumstances
in making its decision under this paragraph.
(3) In the event an application for an additional Cable
Service franchise is filed with the City, the City shall notify the
Grantee.
Section 9
Issues Raised by the Public
The public was allowed to testify at the public hearing and the City left the public hearing
open for several days for the purpose of allowing the public to submit written comments. There
was one written comment from the public. See Exhibit 7. Comcast also submitted a letter into
the record.26 See Exhibit 6.
A. Concern over Exclusivity.
One resident of the City seemed concerned that Comcast services would no longer be
available if the City granted a franchise to CenturyLink. See Exhibit 7. All cable franchises are
non - exclusive. If the City ultimately decides to grant a cable franchise to CenturyLink, it would
not impact the ability of Comcast to do business in the City pursuant to its cable franchise.
B. Issues Raised By the Incumbent Franchised Cable Operator - Comcast
The letter from Comcast submitted into the record at the public hearing raised the
following issues:
• Concern about whether CenturyLink will have similar franchise commitments as
Comcast. Exhibit 6 at pp. 1 -2.
• An expectation that "the same level of due diligence and scrutiny that the City would
apply - and has applied - to Comcast and its predecessors will also be applied to
CenturyLink." Id. at p. 2.
• Concern with "CenturyLink's build -out proposal in its Application appears to stand in
direct conflict with state law guidelines." Id. at p. 3.
Comcast also indicated that any CenturyLink franchise should have reasonable build -out
provisions. Id. at p. 3.
In raising one of the issues above, Comcast suggested that the competitive franchise
application process should essentially be the same as prior Comcast renewals and transfers. See
Id. at p. 2. However, the FCC in its 621 Order found,
26 Given the fact that Comcast submitted comments in the proceeding, it is clear that Comcast received adequate
notice of CenturyLink's Application. Therefore, any notice requirement in the Comcast franchise relating to
franchise applications has been met.
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[ I]ncumbent cable operators' purported success in the franchising
process is not a useful comparison in this case. Today's large
MSOs obtained their current franchises by either renewing their
preexisting agreements or by merging with and purchasing other
incumbent cable franchisees with preexisting agreements. For two
key reasons, their experiences in franchise transfers and renewals
are not equivalent to those of new entrants seeking to obtain new
franchises. First, in the transfer or renewal context, delays in
LFA consideration do not result in a bar to market entry. Second,
in the transfer or renewal context, the LFA has a vested interest in
preserving continuity of service for subscribers, and will act
accordingly.
621 Order at ¶ 29 (Footnotes omitted). The City is following the process set forth in Minnesota
Statutes Section 238.081. The statute does not include considering an incumbent's prior
renewals and transfers.
Section 10
Review of CenturyLink Cable Franchise Application
The City Assistant to the City Manager is responsible for reviewing cable franchise
applications. The Assistant to the City Manager has reviewed the application and the entire
public record, as well as all relevant factors and applicable federal, state and local standards for
reviewing a cable franchise application.
1. The City has substantially complied with state cable franchising application
requirements.
Publication of Notice. The City fully complied with the state requirements (listed
above) for publishing a notice of intent to franchise. See Exhibit 1. There were no objections to
the City's publication of the notice of intent to franchise. The publication of the notice of intent
to franchise substantially complies with state requirements.
Written Notice. The City was not aware of any other companies that were interested in
applying for a cable franchise. Therefore, no companies, other than CenturyLink, received
written notice of the City's notice of intent to franchise. There were no objections to the City's
provision of written notice to potential candidates for a cable franchise.
Deadline for Application Submission. The City allowed more than 20 days from the
first date of published notice for the submission of franchise applications. See Exhibit 1. There
were no objections to the cable franchise application deadline set by the City.
Public hearing on franchise. The City held a public hearing on March 23, 2015, which
afforded reasonable notice and a reasonable opportunity to be heard with respect to the
CenturyLink cable franchise application. No objections were made concerning the manner in
which the City held the public hearing.
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Award of franchise. In the event the City decides to enter into a franchise agreement
with CenturyLink in the future, the City must award the cable franchise by ordinance. In that
event, while the City has held a public hearing on the cable franchise application, it is
recommended that the City hold a subsequent public hearing if a cable franchise agreement is
agreed upon and a cable ordinance is introduced. A cable franchise may not be awarded until at
least seven days after the public hearing on the cable franchise ordinance.
2. CenturyLink's application substantially complies with state application requirements.
Contents of franchising proposal. It was CenturyLink's responsibility to comply with
all of the application requirements in State Law. The application was submitted timely, included
the applicable application fee, and signed before a notary. See Exhibit 2 (CenturyLink Cable
Franchise Application). Upon review of the CenturyLink cable franchise application,
CenturyLink has substantially complied with the following State application requirements
without objection:
• Plans for channel capacity. See Exhibit 2 at p. 9.
• A statement of the television and radio broadcast signals for which
permission to carry will be requested from the Federal
Communications Commission. See Exhibit 2 at p. 9.
• A description of the proposed system design and planned operation.
See Exhibit 2 at p. 9.
• Terms and conditions under which particular service is to be
provided to governmental and educational entities. See Exhibit 2 at
pp. 11 -12.
• A schedule of proposed rates in relation to the services to be
provided and a proposed policy regarding unusual or difficult
connection of services. See Exhibit 2 at p. 10.
• A statement indicating the applicant's qualifications and experience
in the cable communications field, if any. See Exhibit 2 at pp. 4 -8.
• An identification of the municipalities in which the applicant either
owns or operates a cable communications system, directly or
indirectly, or has outstanding franchises for which no system has
been built. See Exhibit 2 at p. 4.
• Plans for financing the proposed system. See Exhibit 2 at p. 8.
• A statement of ownership detailing the corporate organization of the
applicant. See Exhibit 2 at pp. 3 -4.
As required by the Minnesota Cable Act, CenturyLink provided a notation and
explanation of omissions or other variations with respect to the requirements of the proposal. In
particular, CenturyLink indicated that it would not provide information relating to the area -
served application requirement because it believes Federal law preempts the State law five -year
build out requirement. See Exhibit 2 at pp. 12 -16 and Testimony of Mary LaFave of
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CenturyLink .27 There was documentary and testimonial evidence received into the record
concerning CenturyLink's build -out of the City. See Exhibit 6. While Comcast expressed
concern over the build -out commitment of CenturyLink if awarded a cable franchise by the City,
there was no objection to CenturyLink explaining why it omitted build -out information in its
cable franchise application.
For purposes of complying with the state's application requirements only, CenturyLink
has adequately explained why it omitted a time schedule for construction of the entire system
with the time sequence for wiring the various parts of the area requested to be served in.
Therefore, it has substantially complied with the application filing requirements in state law.
This should not be interpreted to mean the City accepts CenturyLink's position. In the event that
the City authorizes staff to negotiate a franchise with CenturyLink, acceptable build -out
provisions will need to be negotiated consistent with this Report.
3. CenturyLink appears to have the Financial, Technical and Legal Qualifications to
Provide Cable Service.
While the City may review the financial, legal and technical qualifications of a franchise
applicant, the FCC has indicated that, in cases of the application by a LEC that already has a
certificate for public convenience and necessity from the state, an LFA need not spend a
significant amount of time considering the fitness of such applicants to access public rights -of-
way. See 621 Order at ¶ 23. This is because the LEC has already demonstrated its legal,
technical, and financial fitness to be a provider of telecommunications services. Id.
a. Financial Evaluation. As shown above, under 47 U.S.C. § 541(a)(4) the City
may consider a franchise applicant's financial qualifications in determining whether to grant a
franchise. The parent company of the proposed franchisee appears financially qualified.
CenturyLink, Inc., is the third largest telecommunications company in the United States with
$18.0 Billion in annual operating revenue and free cash flow of $2.7 Billion. See Exhibit 2 at p.
8. CenturyLink has further committed to making a significant investment to bring cable
television service to the City. See Exhibit 2 at page 10. Provided that CenturyLink, Inc., can
provide adequate assurances for the performance of the proposed franchisee, it appears that
CenturyLink has the financial qualifications to operate a cable communications system in the
City. For example, the City recently required certain parent guarantees of GreatLand
Connections in connection with the recent conditional approval of the cable franchise transfer
from Comcast to GreatLand Connections. See Res. No. 2015 -09.
b. Technical Evaluation. As shown above, under 47 U.S.C. § 541(a)(4), the
Commission may consider whether CenturyLink has the necessary technical qualifications to
construct, operate and maintain a cable system. CenturyLink has a demonstrated history of
operating cable systems in 13 markets in the United Sates, See Exhibit 2 at p. 4. CenturyLink
has approximately 300,000 cable television subscribers and is capable of delivering it to
approximately 2.3 Million homes. Id. CenturyLink's management team displays a wealth of
experience in the cable and telecommunications industry. See Exhibit 2 at pp. 4 -7. The
-^ Ms. LaFave's testimony on the Five -Year Build Statute can be found at the 20:50 mark of the Public Hearing. See
FN 2 above.
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application described a state -of -the -art cable system capable of reliably providing a panoply of
cable services to subscribers. See Exhibit 2 at pp. 9. According to CenturyLink, it "offers more
channels in HD than any other MVPD nationally." Id. Based on the information contained in
Centuryl-ink's application and its response to the request for information, it appears that
CenturyLink has the technical qualifications to operate a cable communications system in the
City.
C. Legal Evaluation. Both federal law and the Competitive Franchising Policies
and Procedures permit the Commission to consider a cable franchise applicant's legal
qualifications in the process of determining whether to grant a cable television franchise .28 The
applicant appears legally qualified to hold a cable franchise in the City. The company is
properly formed and authorized to do business in the state of Minnesota. See Exhibit 2 at p. 2.
The company agrees to make all appropriate filings and preparations prior to offering cable
service. Id. at pp. 7 -8. No adverse administrative, civil or criminal action has been taken against
the applicant over the past five years. See Exhibit 4 at ¶ 15.
While the applicant will operate the cable system, the facilities in the public rights -of-
way will be owned by Qwest Corporation ( "QC "). See Exhibit 3 at p. 9. Any cable franchise
granted to applicant must contain adequate provisions ensuring compliance by QC of any
franchise provisions related to the location, removal, relocation, testing, performance, and any
other franchise requirement or applicable cable regulation relating to any portion of the cable
communications system. Based on the information contained in CenturyLink's application and
responses to the City's request for information, it appears that CenturyLink has the legal
qualifications to operate a cable communications system in the City. Any franchise that is
ultimately negotiated is subject to all applicable restrictions under federal, state and local laws.
d. Cable - Related Community Needs and Interests.
No formal needs assessment is legally required in connection with an application for a
competitive franchise. The City's cable - related needs and interests were addressed in the
Comcast cable franchise and recently updated through a 2015 Settlement Agreement. See e.g.
Ord. No. 1583; and Res. No. 2015 -09. Any franchise negotiated with CenturyLink should be
substantially similar (but need not be identical) to the Comcast cable franchise, as amended, and
consistent with this Report.
Section 11
Cable Franchise Considerations
In the event that the City directs City staff to negotiate a cable franchise with
CenturyLink, the Assistant to the City Manager recornmends that any franchise include, but
certainly not be limited to, addressing the following issues.
a. Economic Redlining or "Cherry Picking." Comcast raised a concern about requiring a
"reasonable full- service requirement." See Exhibit 6. The Application does not provide clarity
as to where CenturyLink will initially provide cable service. The CenturyLink application only
28 See 47 U.S.C. § 541(a)(4)(C) and Section 4, Subd. 2 of the Competitive Franchising Policies and Procedures.
15
182
indicates that its cable service "will be available to approximately 15 percent of the households
in the City." See Exhibit 2 at p. 11. The Federal Cable Act prohibits economic redlining. See 47
U.S.C. § 541(a)(3). While economic redlining is illegal, it should be addressed in any negotiated
cable franchise with CenturyLink. CenturyLink has represented in the Application that it will
comply with all state and federal law prohibiting economic redlining. See Exhibit 2 at p. 19.
C. Franchise Area - Reasonable Build -Out of the City.
As discussed in Section 8 above, the state of Minnesota has a statute that requires that all
initial cable franchises contain a franchise provision requiring a 5 -year build. It is CenturyLink's
position that the 5 -year Build Statute is preempted by the Federal Cable Act. See Exhibit 2 at pp.
12 -17. While there is no court decision directly addressing whether the Federal Cable Act
preempts the state 5 -Year Build Statute, CenturyLink does provide a good faith basis for its
position, Id. CenturyLink is also willing to completely indemnify the City for any litigation
concerning the grant of a cable franchise to CenturyLink. See Exhibit 2 at p. 12.
With the 5 -Year Build Statute on one hand and federal preemption on the other, the City
is left with a difficult choice. Does the City err on the side of caution and require a 5 -year build -
out commitment from Centuryl-ink and risk thwarting a competing cable operator that will bring
benefits to consumers of the City? Or, does the City err on the side of competition and risk
litigation with Comcast? Litigation may be inevitable with either choice.
Should the City direct staff to negotiate a cable franchise with CenturyLink, the cable
franchise should contain fair and reasonable build -out requirements with the goal of CenturyLink
providing competitive cable services throughout the entire City within a reasonable time and in
an equitable manner. In doing so, the Federal Cable Act, the 5 -Year Build Statute, the FCC 621
Order, and any other applicable law should be considered.
d. Level Playing Field Considerations.
Comcast is the only commenter to specifically raise the state level playing field statute,
Minnesota Statutes Section 23 8.08, as a concern. In the FCC's 621 Order, the FCC found:
In many instances, level - playing -field provisions in local laws or
franchise agreements compel LFAs to impose on competitors the
same build -out requirements that apply to the incumbent cable
operator. Cable operators use threatened or actual litigation
against LFAs to enforce level-playing-field requirements and
have successfully delayed entry or driven would -he competitors
out of town. Even in the absence of level - playing -field
requirements, incumbent cable operators demand that LFAs
impose comparable build -out requirements on competitors to
increase the financial burden and risk for the new entrant.
621 Order at ¶ 34 (Footnotes omitted). Regardless of the reason for raising the issue, any
franchise should contain adequate provisions addressing the state level playing field statute. This
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should include provisions to provide cable service to all City residents over a reasonable time
and reasonable circumstances (consistent with the build -out discussion above), similar public,
educational, and governmental access requirements as Comcast, and the same franchise fee
requirement as Comcast. See Ord. No. 1583.
e. Compliance with Comcast Cable Franchise
In the event the City determines to grant a cable franchise to CenturyLink, the cable
franchise must be granted by an ordinance. The local level playing field provision in the cable
franchise with Comcast requires that the City not authorize or permit itself or another Person or
governmental body to construct, operate or maintain a cable system on terms and conditions
which are, taken as a whole, more favorable or less burdensome than those applied to the
Grantee. See Section 8(C) above. However, local level playing field provisions may also be
subject to federal preemption. See Section 7(G) above. Any negotiated franchise should address
the local level playing field provision in the Comcast franchise consistent with this Report.
Section 12
Recommendation
Based on the record developed by the City, including this Report, it is the Assistant to the
City Manager's recommendation that the City (1) receive and file this Report; and (2) direct City
staff to negotiate a cable communications franchise with CenturyLink consistent with this report.
If the City accepts this recommendation, City staff will negotiate a cable franchise with
CenturyLink. Once a cable franchise ordinance is introduced, a public hearing on the ordinance
will be scheduled. The City Council may act on the cable fianchise ordinance any time seven
days following the public hearing on the cable franchise ordinance. After the public hearing, the
City Council will need to decide whether to award a cable franchise by ordinance or to deny the
award of a cable franchise. Additionally, the Council will need to make findings of fact in
support of its decision.
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184
CITY COUNCIL LETTER
Meeting of: May 11, 2015
AGENDA SECTION: BID CONSIDERATION ORIGINATING DEPARTMENT: CITY MANAGER
NO: 9B 1 PUBLIC WORKS
ITEM: ADOPT RESOLUTION 2015 -43 BEING A BY: K. Hansen BY:
RESOLUTION ACCEPTING BIDS AND DATE: 5/6/2015 DATE:
AWARDING A CONTRACT FOR THE 2015
UTILITY REPAIRS AND INSTALLATIONS, CITY
PROJECT 1511
Background:
Annually, Public Works staff cleans and inspects portions of the sanitary and storm sewer system, including
pipe and structures. Through underground televising, staff has determined that the locations identified below
will need pipe segments replaced. In these areas the pipe has lost shape, pipe segments are missing or the
pipe has settled significantly which decreased pipe capacity. The condition of structures is determined
through visual inspections. In addition, the operation of hydrants and water main valves is evaluated during
the annual flushing program and while isolating water main break locations. The hydrants and valves listed
below also require replacement.
Sanitary Sewer System
40 Avenue, west of McLeod Street: New manhole*
Storm Sewer System
44th Avenue at Leander Lane: Replace catch basin (2) and pipe (60')*
40th Avenue at Jefferson Street: Replace catch basin
4226 Stinson Boulevard: Replace catch basin
Alley - Polk to Buchanan, South of 39th Avenue: Replace catch basin (2)
Water Main System
44th Avenue, Central Avenue to Reservoir Boulevard: Replace hydrant (3)*
Jefferson Street at 44th Avenue: Replace hydrant
37th Avenue, Madison Place to Quincy Street: Replace adjusting rings and casting on gate valve MH (4)
McLeod Street: Install gate valve (2) to service Crestview properties
*Work being done prior to 44th Avenue mill and overlay project.
Plans and specifications were prepared and advertised for bids in the Sun Focus on April 17, 2015. The
project was also advertised electronically through Quest Construction Data Network and MnDOT Eadvert
site. Five bids were received and publicly read aloud at the May 5, 2015 bid opening. A detailed copy of the
complete bid tabulation is available from the City Engineer.
Analysis /Conclusions:
In addition to the base bid, alternates were included for sanitary sewer work on Heights Drive from Golf
Place to Fairway Drive and for the splash pad at Huset Park; both water service and storm drain.
G.L. Contracting submitted the lowest bid when the base bid ($191,833) is combined with the splash pad
utility work ($46,873.50), with a combined amount of $238,706.50. Approximately $21,000 separated the
next bidder from the low bidder on the combined bid. The low base bid is slightly over the Engineer's
Estimate of $180,000.
185
CITY COUNCIL LETTER
Meeting of: May 11, 2015
AGENDA SECTION: BID CONSIDERATION I ORIGINATING DEPARTMENT: I CITY MANAGER
NO: PUBLIC WORKS
ITEM: ADOPT RESOLUTION 2015 -43 BEING A BY: K. Hansen BY:
RESOLUTION ACCEPTING BIDS AND DATE: 5/6/2015 DATE:
AWARDING A CONTRACT FOR THE 2015
UTILITY REPAIRS AND INSTALLATIONS, CITY
PROJECT 1511
Page 2
Staff is recommending accepting the Splash Pad Alternates with DIP water service.
Based upon the low bid from G.L. Contracting, staff is recommending contract award of the base bid
with Splash Pad Alternate. The funding sources are a combination of utility and park funds as shown
below:
Sanitary Fund: $22,050
Storm Fund: $91,850
Water Fund: $99,100
Park: $25,706
MOTION: Move to waive the reading of Resolution 2015 -43, there being ample copies available to the
public.
MOTION: Move to adopt Resolution 2015 -43 being a resolution accepting bids and awarding the 2015
Miscellaneous Utility Repairs and Installations, City Project No. 1511, including Splash Pad Alternate with
4" DIP water service to G.L. Contracting, Inc., based upon their low, qualified, responsible bid in the amount
of $238,706.50 from Fund 415 -51511 -5185; and, furthermore, to authorize the Mayor and City Manager to
enter into a contract for the same.
Attachments: Resolution 2015 -43
Bid opening minutes
COUNCIL ACTION:
186
RESOLUTION 2015 -43
RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT
FOR 2015 UTILITY REPAIRS AND INSTALLATIONS,
CITY PROJECT NO. 1511
WHEREAS, pursuant to an advertisement for bids for City Project No. 1511, 2015 Utility Repairs and
Installations, bids were received, opened and tabulated according to law. The following bids were
received complying with the advertisement:
Bidder Base Bid
G. L. Contracting, Inc. $191,833.00
Interstate Removal Co. $181,514.00
Penn Contracting, Inc. $208,510.00
New Look Contracting, Inc. $216,755.00
Dave Perkins Contracting, Inc. $279,802.00
Alternate 1
Alternate 1
Alternate 2
Heights Dr
Splash Pad
PVC Drain
DIP Water
$106,435.30
$46,873.50
$ 0.00
$ 0.00
$ 90,351.00
*$79,112.00
- $3,927.00
$2,950.00
$121,909.00
$58,530.00
-$ 63.00
$1,559.00
$122,502.50
$64,993.00
$3,690.00
$2,550.00
$161,392.00
$49,626.00
$ 0.00
$1,320.00
WHEREAS, it appears that G.L. Contracting, Inc., 4300 Willow Drive, Medina, MN 55340 is the lowest
responsible bidder.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS,
MINNESOTA:
1. The Mayor and City Manager are hereby authorized and directed to enter into a contract with
G.L. Contracting, Inc. in the name of the City of Columbia Heights, for 2015 Utility Repairs and
Installation, City Project No. 1511, 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.
City Project 1511 shall be funded with Sanitary Sewer, Storm Sewer, and Water Utility
Construction Funds, and Park Funds.
Passed this 11fl' day of May 2015
Offered by:
Second by:
Roll call:
Katie Bruno
City Clerk
CITY OF COLUMBIA HEIGHTS
Mayor Gary L. Peterson
187
CITY OF COLUMBIA HEIGHTS
Minutes of Bid Opening on Tuesday, May 5, 2015, 2:00 p.m.
2015 Utility Repairs and Installations
City Project Number 1511
Pursuant to an advertisement for bids for 2015 Utility Repairs and Installations, City Project 1511, an
administrative meeting was held on May 5 at 2:00 p.m. for the purpose of bid opening.
Attending the meeting was:
Kathy Young, Assistant City Engineer
Sue Schmidtbauer, Public Works Secretary
Dave Perkins, Dave Perkins Contracting
Matt Moeller, Interstate Companies
Dan Swanson, G.L. Contracting
Bids were opened and read aloud as follows:
Alternate 1
Bidder Base Bid Heights Dr
G. L. Contracting, Inc. $ 191,833.00 $ 106,435.30
Interstate Removal Co. $ 181,514.00 $ 90,351.00
Penn Contracting, Inc. $ 208,510.00 $ 121,909.00
New Look Contracting, Inc. $ 216,755.00 $ 122,502.50
Dave Perkins Contracting, Inc. $ 279,802.00 $ 161,392.00
* Corrected
Respectfully submitted,
Sue Schmidtbauer
Public Works Secretary
188
Alternate 1
Alternate 2
Splash Pad
PVC Drain
DIP Water
$ 46,873.50
$ 0.00
$ 0.00
*$ 79,112.00
-$3,927.00
$ 2,950.00
$ 58,530.00
-$ 63.00
$ 1,559.00
$ 64,993.00
$ 3,690.00
$ 2,550.00
$ 49,626.00
$ 0.00
$ 1,320.00
188
CITY COUNCIL LETTER
Meeting o£ May 11, 2015
AGENDA SECTION: BID CONSIDERATION ORIGINATING DEPARTMENT: CITY MANAGER
NO: 9B2 PUBLIC WORKS
ITEM: ADOPT RESOLUTION 2015 -40 BEING A BY: Kevin Hansen BY:
RESOLUTION ACCEPTING BIDS AND DATE: 5/7/2015 DATE:'^ �!
AWARDING A CONTRACT FOR THE 2015 j
MISCELLANEOUS CONCRETE REPAIRS AND
INSTALLATIONS, CITY PROJECT 1500
Background:
Staff prepared specifications for the Annual Miscellaneous Concrete Repair Program to replace /install
concrete throughout the City. Plans and specifications were advertised for bids electronically through Quest
Construction Data Network and MnDOT Eadvert site. Three contractors requested a copy of the bidding
documents. Two bids were received and publicly read aloud at the May 7, 2015 bid opening. A copy of the
bid opening minutes is attached.
Analysis /Conclusions:
The low bid was submitted by New Look Contracting, Inc. of Rogers, Minnesota, in the amount of $56, 508.
The unit prices are slightly higher than the Engineer's Estimate.
Specific items replaced or repaired under the Miscellaneous Concrete Program base bid include structures
such as curb and gutter, sidewalk, alley and street panels. The concrete replacement is budgeted for in the
Public Works Department budgets, such as in the Water Fund, for repairs of damaged concrete caused by
water main breaks.
Recommended Motion: Move to waive the reading of Resolution 2015 -40, there being ample copies
available to the public.
Recommended Motion: Move to adopt Resolution 2015 -40 being a Resolution accepting bids and
awarding the 2015 Miscellaneous Concrete Repairs and Installations, City Project No. 1500, to New Look
Contracting, Inc., based upon their low, qualified, responsible bid in the amount of $56,508.00 from Fund 415-
51500 -4000; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the
same.
Attachment: Resolution 2015 -40
Bid Opening Minutes
COUNCIL ACTION:
189
RESOLUTION 2015 -40
RESOLUTION ACCEPTING BIDS AND AWARDING THE
2015 MISCELLANEOUS CONCRETE REPAIRS AND INSTALLATIONS,
CITY PROJECT 1500
WHEREAS, pursuant to an advertisement for bids for City Project No. 1500, Miscellaneous
Concrete Repairs and Installations, bids were received, opened and tabulated according to law.
The following bids were received complying with the advertisement:
Bidder TOTAL
New Look Contracting, Inc. $56,508.00
Sullivan Riehm Construction, LLC $74,988.18
WHEREAS, it appears that New Look Contracting, Inc., 14045 Northdale Boulevard, Rogers,
Minnesota is the lowest responsible bidder.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA
HEIGHTS, MINNESOTA:
1. The Mayor and City Manager are hereby authorized and directed to enter into a contract
with New Look Contracting, Inc. in the name of the City of Columbia Heights, for the
2015 Miscellaneous Concrete Repairs and Installations, City Project No. 1500, for a bid
amount of $56,508.00 according to plans and specifications therefore approved by the
Council.
2. The City Engineer is hereby authorized and directed to retain the deposit of the successful
bidder and the next lowest bidder until the contract has been signed.
3. City Project No. 1500 shall be funded with State Aid Maintenance Fund, General Fund,
Park Fund, Street Fund, Sewer and Water Fund and PIR funds.
Passed this 11`1' day of May 2015.
Offered by: CITY OF COLUMBIA HEIGHTS
Seconded by:
Roll Call: BY
Mayor Gary L. Peterson
Katie Bruno
City Clerk
190
CITY OF COLUMBIA HEIGHTS
Minutes of Bid Opening on Thursday, May 7, 2015, 10:00 a.m.
2015 Miscellaneous Concrete Repairs and Installations
City Project Number 1500
Pursuant to an advertisement for bids for 2015 Miscellaneous Concrete Repairs and Installations, City
Project 1500, an administrative meeting was held on May 7t' at 10:00 a.m. for the purpose of bid opening.
Attending the meeting was:
Kathy Young, Assistant City Engineer
Mike O'Reilly, Street and Park Superintendent
Andy Riehm, SRC
Mark Sullivan, SRC
Bids were opened and read aloud as follows:
Bidder Base Bid
New Look Contracting, Inc. $ 56,508.00
Sullivan Riehm Construction, LLC *$ 74,988.18
* Corrected
Respectfully submitted,
Kathy Young
Assistant City Engineer
191