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HomeMy WebLinkAbout10-10-2016 CCPThe following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, October 10, 2016 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the City Clerk at 763 - 706 -3611, to make arrangements. (TDD /706 -3692 for deaf or hearing impaired only.) 1. CALL TO ORDER 2. ROLL CALL 3. INVOCATION - Invocation provided by Bob Lyndes, Crest View Senior Communities 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 3 A. Polish American Month 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 September 26, 2016 pg 4 MOTION: Move to approve the minutes of the City Council Assessment Hearing of October 3, 2016 pg 16 B. Accept Board and Commission Meeting Minutes MOTION: Move to accept the minutes of the Planning Commission meeting of September 6, 2016 pg 17 MOTION: Move to accept the minutes of the EDA Commission meeting of September 6, 2016 pg 30 MOTION: Move to accept the minutes of the Traffic Commission meeting of August 1, 2016 pg 41 MOTION: Move to accept the minutes of the Library Board meeting of September 7, 2016 pg 45 C. Approve Business License Applications pg 47 MOTION: Move to approve the items as listed on the business license agenda for October 10, 2016. Mayor COLUMBIA M B IR Gary Peterson CHCounci HEIGHTS lmembers Robert A. Williams Bruce Nawrocki City of Columbia Heights 59040 Avenue NE, Columbia Heights, MN 55421 -3878 (763) 706 -3600 TDD (763) 706 -3692 Donna Schmitt JohnMurzyn,Jr. City Manager Visit our website at: www.columbiaheightsmn.gov 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, October 10, 2016 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the City Clerk at 763 - 706 -3611, to make arrangements. (TDD /706 -3692 for deaf or hearing impaired only.) 1. CALL TO ORDER 2. ROLL CALL 3. INVOCATION - Invocation provided by Bob Lyndes, Crest View Senior Communities 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 3 A. Polish American Month 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 September 26, 2016 pg 4 MOTION: Move to approve the minutes of the City Council Assessment Hearing of October 3, 2016 pg 16 B. Accept Board and Commission Meeting Minutes MOTION: Move to accept the minutes of the Planning Commission meeting of September 6, 2016 pg 17 MOTION: Move to accept the minutes of the EDA Commission meeting of September 6, 2016 pg 30 MOTION: Move to accept the minutes of the Traffic Commission meeting of August 1, 2016 pg 41 MOTION: Move to accept the minutes of the Library Board meeting of September 7, 2016 pg 45 C. Approve Business License Applications pg 47 MOTION: Move to approve the items as listed on the business license agenda for October 10, 2016. City of Columbia Heights City Council Agenda October 10, 2016 Page 2 D. Payment of Bills MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8, the City Council has pg 49 received the list of claims paid covering check number 162044 through 163179 in the amount of $ 1,073,510.83. MOTION: Move to approve the Consent Agenda items. 8. PUBLIC HEARINGS 9. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions pg 56 a. Accepting Bids and Awarding a Contract for the Abatement and Demolition of the Property Located at 666 40th Avenue MOTION: Move to waive the reading of Resolution 2016 -89, there being ample copies available to the public. MOTION: Move to approve resolution 2016 -89, being a resolution authorizing execution of a Work Agreement for the abatement and demolition of the commercial structure by and between Veit & Company, Inc. B. Bid Considerations C. New Business and Reports 10. ADMINISTRATIVE REPORTS 11. CITIZENS FORUM 12. ADJOURNMENT Kelli Bourgeois, HR Director /Assistant to the City Manager K, PROCLAMATION OCTOBER —2016 - POLISH AMERICAN HERITAGE MONTH WHEREAS, This is the 35th Anniversary of the founding of Polish American Heritage Month. WHEREAS, Sister Cities International is a non - profit 501 -C3 citizens' diplomacy network that was founded by President Dwight D. Eisenhower in 1956... sixty years ago. This network currently unites 570 member partnerships with relationships in 2,300 communities in 150 countries. WHEREAS, Our Columbia Heights MN /Lomianki, Poland — Sister Cities, International, organization is celebrating our SILVER /25th Anniversary. We became official on May 13, 1991. Lomianki is also celebrating their 25th Anniversary with their other Sister City, Noyelles les Vermelles, located in northern France. WHEREAS, We strive to honor our dedication to Columbia Heights and our Sister Cities' goals by sponsoring various projects to promote humanitarian, educational, cultural, civic and social activities. WHEREAS, We sponsored the Showcase for Young Artists for the TENTH consecutive year. Our local winner, NATHAN SMOKA, was selected as the Sister Cities' NATIONAL winner for his entry entitled "Unity ". His artwork is now featured in a national traveling art exhibit. WHEREAS, A successful state convention in Shoreview was held on June 11th in Shoreview. This conference was planned by State of Minnesota volunteer coordinators Gerald Wenner and Dolores Puente Strand. WHEREAS, We again participated in the Lions' Jamboree Parade on June 24tH WHEREAS, We sponsored the second phase of an exchange of Police Officers in early August in cooperation with Chief of Police Scott Nadeau and Officers. Visitors were Lomianki Mayor Thomasz Dabrowski; Warsaw Chief of Police Tomasz Szachowski; Lomianki Chief of Police Tomasz Niedzwiecki, and Lomianki Sgt. Tomasz Pyra. We hosted an Open House in our new Library's community room for the public to greet our visitors on August 3rd; and a special dinner at Jax Cafe on August 5th. Significant gifts were exchanged. One highlight of the evening was singing "STO LAT ", the traditional Polish toast for special occasions. WHEREAS, Columbia Heights was well represented at Lomianki's solemn commemorative ceremony at Kampinos Cemetery on September 18. Attendees included members Gloria Bergstrom, Mary Jerde, Phyllis Husted, John Bieniek, Gregory and Sandra Logacz and their two daughters. They also attended the awesome re- enactment of the Bitwa /Battle of 1939 when Germany invaded Poland. This involved hundreds of armed military personnel, vehicles, tanks, about 80 mounted cavalry soldiers, simulated explosions and straffing of villagers by vintage German aircraft. This spectacular event is attended by thousands. WHEREAS, Highlighting October as Polish American Heritage Month, Members "General" Edward and Ceil Sikorski again arranged a display of informative Polish posters at our Library. Fran Jensen and Esther Guzik displayed Polish crystal and crafts in the showcases. WHEREAS, Exchanging original greeting cards made by Highland Elementary and Polish students continues under the guidance of teachers Member Patricia Sowada and Jadwiga Kowalska, Lomianki. WHEREAS, The public is invited to a special dinner celebrating our 25th Anniversary to be held at Crooner's in Fridley on October 13, 2016. RSVP's required. NOW, THEREFORE, BE IT PROCLAIMED, that I, GARY L. PETERSON, MAYOR, do hereby designate OCTOBER, 2016, as POLISH AMERICAN HERITAGE MONTH in COLUMBIA HEIGHTS, MINNESOTA. (Seal) MAYOR GARY L. PETERSON — OCTOBER 10, 2016 3 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING SEPTEMBER 26, 2016 The following are the minutes for the regular meeting of the City Council held at 7:00 PM on Monday September 26, 2016 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota 1. CALL TO ORDER Mayor Peterson called the meeting to order at 7:01 p.m. 2. ROLL CALL Present: Mayor Peterson, Councilmembers Nawrocki, Williams, Schmitt and Murzyn, Jr. Also Present: Walt Fehst; City Manager, Jim Hoeft; City Attorney, Keith Dahl; Economic Development Manager, Gary Gorman; Fire Chief and Katie Bruno; City Clerk /Council Secretary 3. INVOCATION Invocation provided by Rachel Schwenke, First Lutheran Church 4. PLEDGE OF ALLEGIANCE 5. ADDITIONS /DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 6. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS 7. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A. Approve Minutes of the City Council MOTION: Move to approve the minutes of the City Council meeting of September 12, 2016 B. Approve annual membership with the League of Minnesota Cities. *Removed for Discussion C. Adopt Resolution 2016 -83 being a resolution establishing amount of City Share and amount Of Special Assessments on Projects to be levied. *Removed for Discussion D. Adopt Resolution 2016 -84 being a resolution ordering preparation of a report for MSAS Overlay. *Removed for Discussion E. Adopt Resolution 2016 -85 being a resolution ordering preparation of a report for Zone 1 Seal Coat. *Removed for Discussion F. Adopt Resolution 2016 -82 being a resolution accepting bids and awarding the contract for 2016 Sanitary Sewer Lining, City Project No. 1604. *Removed for Discussion 4 City of Columbia Heights - Council Resolution Page 2 G. Re- establish date for 2016 Public Special Assessment Levy Hearing for: Seal Coat, Street Rehabilitation, MSAS Mill & Overlay, and Delinquent Accounts. *Removed for Discussion H. Approve Gambling Permit, Immaculate Conception Church, November 20, 2016 bingo /raffle MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a gambling permit for Immaculate Conception Church to conduct bingo and a raffle at their event being held November 20, 2016 at 4030 Jackson Street NE, Columbia Heights; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty -day notice to the local governing body. I. Consideration of approval of attached list of rental housing applications. MOTION: Move to approve the items listed for rental housing license applications for September 26, 2016, in that they have met the requirements of the Property Maintenance Code. J. Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for September 26, 2016. K. 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 162869 through 163043 in the amount of $ 596,320.67. Councilmember Nawrocki requested items 8, C, D, E, F, G be removed from the Consent Agenda for discussion: Motion by Councilmember Schmitt, seconded by Councilmember Williams to approve the consent agenda items A, H, 1, J and K. All Ayes, Motion Carried. Councilmember Nawrocki requested the following items be removed from the Consent Agenda for discussion: B. Approve annual membership with the League of Minnesota Cities. Councilmember Nawrocki suggested the membership be paid from a department budget other than the Mayor /Council budget. City Manager Fehst explained the membership has historically been paid from the Mayor Council budget, as many of the events are geared towards elected officials. Motion by Councilmember Murzyn Jr., seconded by Councilmember Nawrocki to approve membership renewal for one year with the League of Minnesota Cities for $16,906. All Ayes, Motion Carried. C. Adopt Resolution 2016 -83 being a resolution establishing amount of City Share and amount of Special Assessments on Projects to be levied. Councilmember Nawrocki asked how this compares with previous years. Director Hansen explained this covers five separate projects, the largest being Stinson Blvd. The remaining projects follow the street rehabilitation program; rates vary annually based on what's being assessed. Hansen confirmed the assessment percentages are the same as they have been. Motion by Councilmember Nawrocki, seconded by Councilmember Murzyn, Jr. to waive the reading of Resolution 2016 -83, there being ample copies available for the public. All Ayes, Motion Carried. ki City of Columbia Heights - Council Resolution Page 3 Motion by Councilmember Nawrocki, seconded by Councilmember Murzyn, Jr. to adopt Resolution 2016 -83 being a resolution establishing amount of City share and amount of special assessments on projects to be levied. All Ayes, Motion Carried. D. Adopt Resolution 2016 -84 being a resolution ordering preparation of a report for MSAS Overlay Director Hansen explained this is the first step, ordering the feasibility report. The specific streets will come before the council in a Public Hearing. Motion by Councilmember Murzyn, Jr., seconded by Councilmember Williams to waive the reading of Resolution 2016 -84, there being ample copies available for the public. All Ayes, Motion Carried Motion by Councilmember Murzyn, Jr., seconded by Councilmember Williams to adopt Resolution 2016 -84, being a Resolution ordering preparation of a feasibility report for MSAS Overlay, Project 1705. All Ayes, Motion Carried E. Adopt Resolution 2016 -85 being a resolution ordering preparation of a report for Zone 1 Seal Coat Director Hansen explained this is the first step a Public Hearing will follow. Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. to waive the reading of Resolution 2016 -85, there being ample copies available for the public. All Ayes, Motion Carried Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. to adopt Resolution 2016 -85, being a Resolution ordering preparation of a feasibility report for Zone 1 Street Seal Coat Program, Project 1601. All Ayes, Motion Carried F. Adopt Resolution 2016 -82 being a resolution accepting bids and awarding the contract for 2016 Sanitary Sewer Lining, City Project No. 1604 Director Hansen reported there is no cost to home - owners, and the Contractor provided notice to the residents. Motion by Councilmember Williams, seconded by Councilmember Schmitt to waive the reading of Resolution 2016 -82, there being ample copies available to the public. All Ayes, Motion Carried Motion by Councilmember Williams, seconded by Councilmember Schmitt to adopt Resolution 2016 -82, being a resolution accepting bids and awarding the contract for 2016 Sanitary Sewer Lining, City Project No. 1604, to Visu- Sewer, Inc. of Pewaukee, Wisconsin based upon their low, qualified, responsible base bid for lining in the amount of $153,710.5 and accepting the alternate service lateral connection bid in the amount of $44,000 for a total contract award of $197,710.50, with funds to be appropriated from Fund 652 - 51604 -5185, and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. All Ayes, Motion Carried G. Re- establish date for 2016 Public Special Assessment Levy Hearing for: Seal Coat, Street Rehabilitation, MSAS Mill & Overlay, and Delinquent Accounts. Motion by Councilmember Williams, seconded by Councilmember Schmitt to cancel the following Public Special Assessment Levy Hearings scheduled for October 3, 2016: City of Columbia Heights - Council Resolution Page 4 • City Project #1501 - Zone 78 Street Seal Coat, to be held in the City Council Chambers • City Projects #1602 and #1607 - 2016 Street Rehabilitation, Zone 2 • City Project #1605 — State Aid Street Mill & Overlay, to be held in the City Council Chambers • City Project #1508 — State Aid Street Reconstruction, to be held in the City Council Chambers, and • Delinquent Accounts All Ayes, Motion Carried. Motion by Councilmember Williams, seconded by Councilmember Schmitt to establish Monday, December 5, 2016 at 6:00 p.m. as the Public Special Assessment Levy Hearing for City Project #1501 - Zone 713 Street Seal Coat, to be held in the City Council Chambers. All Ayes, Motion Carried. Motion by Councilmember Williams, seconded by Councilmember Schmitt to establish Monday, December 5, 2016 at 6:15 p.m. as the Public Special Assessment Levy Hearings for City Projects #1602 and #1607 - 2016 Street Rehabilitation, Zone 2 to be held in the City Council Chambers. All Ayes, Motion Carried. Motion by Councilmember Williams, seconded by Councilmember Schmitt to establish Monday, December 5, 2016 at 6:30 p.m. as the Public Special Assessment Levy Hearing for City Project #1605 —State Aid Street Mill & Overlay, to be held in the City Council Chambers. All Ayes, Motion Carried. Motion by Councilmember Williams, seconded by Councilmember Schmitt to establish Monday, December 5, 2016 at 6:45 p.m. as the Public Special Assessment Levy Hearing for City Project #1508 —State Aid Street Reconstruction, to be held in the City Council Chambers. All Ayes, Motion Carried. 8. PUBLIC HEARINGS A. Adopt Resolutions for Abatement at the following properties; 4335 Tyler Street NE, 3826 Tyler Street NE, 1421 46th Avenue NE and 4618 Fillmore Street NE. Fire Chief Gary Gorman reported 4335 Tyler St and 142146 th St. have tree stumps needing to be removed. 3826 Tyler St. required soffit repair and paint. 4618 Fillmore St. required repair of a broken garage door. Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. to close the public hearing and to waive the reading of Resolution Numbers 2016 -77, 2016 -78, 2016 -79, and 2016 -80, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. to adopt Resolution Numbers 2016 -77, 2016 -78, 2016 -79, and 2016 -80, being resolutions of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the properties pursuant to City Code section 8.206. All Ayes, Motion Carried. B. Consideration of revocation of the license to operate a rental unit within the City of Columbia Heights is requested against the rental property at 4321 University Avenue NE for failure to meet the requirements of the Residential Maintenance Codes. City of Columbia Heights - Council Resolution Page 5 Fire Chief Gary Gorman reported he has been unable to contact the owner to schedule a rental inspection of the property. Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. to close the public hearing and to waive the reading of Resolution Number 2016 -86, being ample copies available to the public. All Ayes, Motion Carried Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. to adopt Resolution Number 2016 -86, being Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license listed. All Ayes, Motion Carried 9. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions a. Sale of City's Vacant Asset Located at 820 40th Avenue NE Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. to waive the reading of Ordinance No. 1634, there being ample copies available to the public. All Ayes, Motion Carried Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. disapprove Ordinance No. 1634, being an ordinance authorizing the sale of certain real property located at 820 40th Avenue NE. All Ayes, Motion Carried B. Bid Considerations C. New Business and Reports 10. ADMINISTRATIVE REPORTS City Manager Walt Fehst announced Firefighter Matt Field will be retiring after over 37 years of dedicated service to the community. Manager Fehst announced two dedications for Medal of Honor recipient James LaBelle will be taking place. The first will be on October 6th at 9:00 AM at Columbia Heights High School, the second on October 7th at 10:30 AM at LaBelle Park. 11. CITIZENS FORUM Rachel Schwenke, 4448 Tyler St Ne thanked the Police Department for the recent community forum, race and bias were discussed, approximately 90 citizens attended. Mayor Peterson encouraged remembrance of our servicemen and women, police and firefighters. 12. ADJOURNMENT Meeting adjourned at 7:36 p.m. Respectively Submitted, Katie Bruno, Council Secretary /City Clerk City of Columbia Heights - Council Resolution Page 6 RESOLUTION NO. 2016 -77 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Karen J. Schneider (hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 4335 Tyler Street N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on August 18, 2016. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on July 11, 2016, an inspection was conducted on the property listed above. Inspectors found violations. A compliance order was sent via regular mail to the owner at the address. 2. That on August 18, 2016, inspectors re- inspected the property listed above. Inspectors noted that violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on September 8, 2016, inspectors re- inspected the property and found that violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall remove the tree stump(s) in the front yard to within 2 -4 inches below ground level. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(6). CONCLUSIONS OF COUNCIL 1. That the property located at 4335 Tyler Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. RESOLUTION NO. 2016 -78 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Eric C. Fremstad (Hereinafter "Owner of Record "). 9 City of Columbia Heights - Council Resolution Page 7 Whereas, the owner of record is the legal owner of the real property located at 3826 Tyler Street N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on August 16, 2016. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 6. That on July 14, 2016, an inspection was conducted on the property listed above. Inspectors found violations. A compliance order was sent via regular mail to the owner at the address. 7. That on August 31, 2016, inspectors re- inspected the property listed above. Inspectors noted that violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 8. That on September 15, 2016, inspectors re- inspected the property and found that violations remained uncorrected. 9. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall replace all rotting soffits on house. B. Shall paint all peeling areas on building soffits and windows. 10. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(8). CONCLUSIONS OF COUNCIL 4. That the property located at 3826 Tyler Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 5. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. RESOLUTION NO. 2016 -79 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Frank S. Ranallo (hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 1421 46th Avenue N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the m City Council Minutes September 26 2016 Page 8 of 12 causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on August 30, 2016. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 11. That on July 11, 2016, an inspection was conducted on the property listed above. Inspectors found violations. A compliance order was sent via regular mail to the owner at the address. 12. That on August 5, 2016, an inspection extension was granted to the owner of the address at the owner's request. 13. That on August 30, 2016, inspectors re- inspected the property listed above. Inspectors noted that violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 14. That on September 14, 2016, inspectors re- inspected the property and found that violations remained uncorrected. 15. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall remove all of the tree stumps in the front yard to within 2 -4 inches below ground level. 16. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(6). CONCLUSIONS OF COUNCIL 6. That the property located at 142146 th Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 7. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 8. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. RESOLUTION NO. 2016 -80 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Patricia Porter (hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 4618 Fillmore Street N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on July 15, 2016. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, W City Council Minutes September 26 2016 Page 9 of 12 the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT That on June 9, 2016, an inspection was conducted on the property listed above. Inspectors found violations. A compliance order was sent via regular mail to the owner at the address. That on July 15, 2016, inspectors re- inspected the property listed above. Inspectors noted that violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. That on August 11, 2016 and September 7, 2016, inspectors re- inspected the property and found that violations remained uncorrected. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall repair /replace broken garage door. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL That the property located at 4618 Fillmore Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. RESOLUTION NO. 2016-82 A resolution of the City Council for the City of Columbia Heights, Minnesota, Whereas, pursuant to an advertisement for bids for City Project No. 1604, Sanitary Sewer Lining bids were received, opened and tabulated according to law. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT The following bids were received complying with the advertisement: Bidder Visu- Base Bid Alternate 1 Lateral Connect Base Bid and Alternate 1 and Sewer $ 153,710.50 $ 147,150.75 $ 44,000.00 Lateral Connect Lateral Connect $ 197,710.50 $ 191,150.75 Insituform $ 147,075.00 $ 147,075.00 $ 60,086.00 $ 207,161.00 $ 207,161.00 Hydro Klean $ 150,158.70 $ 143,638.10 $ 71,491.40 $ 221,650.10 $ 215,129.50 Veit $ 166,147.00 $ 166,147.00 $ 55,000.00 $ 221,147.00 $ 221,147.00 12 Michels Corporation $ 175,643.00 $ 175,643.00 $ 69,460.00 $ 245,103.00 Lametti & Sons $ 193,269.00 $ 186,122.00 $ 70,000.00 $ 263,269.00 National Water Main $ 239,674.50 $ 226,163.50 $ 43,500.00 $ 283,174.50 It appears that Visu- Sewer, Inc. of Pewaukee, Wisconsin is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: City Council Minutes September 26 2016 Page 10 of 12 $ 245,103.00 $ 256,122.00 $ 269,663.50 The Mayor and City Manager are hereby authorized and directed to enter into a contract with Visu- Sewer, Inc. in the name of the City of Columbia Heights, for the 2016 Sanitary Sewer Lining, City Project No. 1604, according to plans and specifications therefore approved by the Council. 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 No. 1604 shall be funded from the Sanitary Sewer Construction Fund. RESOLUTION NO. 2016-83 A resolution of the City Council for the City of Columbia Heights, Minnesota, WHEREAS, the City Council of the City of Columbia Heights by motion on the 22nd day of August, 2016, ordered a special assessment hearing to levy the cost of improvements and; WHEREAS, the following projects will be specially assessed in October, 2016, and a portion of the costs may be borne by the City, Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT Pursuant to Minnesota Statutes 429.061 and City Code 4.103, that the breakdown is as follows: PROJECT ESTIMATED ASSESSED ESTIMATED CITY PORTION PORTION TOTAL 2016 State Aid Construction, Project 1508 $114,535 $156,660 $271,195 2016 State Aid Construction, Project 1508 $725,355 - -- $725,355 State Aid, General, Capital, and Utility Funds 2016 State Aid Construction, Project 1508 Total $839,890 $156,660 $996,550 2016 Street Rehabilitation, Projects 1602 and 1607 $ 69,495 $242,340 $311,835 2016 State Aid Overlay, Project 1605 $ 61,400 $161,125 $222,525 2016 Street Rehabilitation and State Aid Overlay, Projects 1602, 1605, and 1607 $192,900 - -- $192,900 State Aid, General, Capital, and Utility Funds 13 City Council Minutes September 26 2016 Page 11 of 12 2016 Street Rehabilitation and State Aid Overlay, $323,795 $403,465 $727,260 Projects 1602, 1605, and 1607 Total RESOLUTION NO. 2016-84 A resolution of the City Council for the City of Columbia Heights, Minnesota, Whereas, the City Council of Columbia Heights is proposing to rehabilitate select state aid streets in the city that have not been rehabilitated under the street program, and Whereas, the City Council intends to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Section 429.011 to 429.111 (Laws 1953, Chapter 398, as amended), and Section 103B.201 to 10313.251, as follows: 1705 STATE AID STREET OVERLAY PROGRAM Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT That the proposed improvements be referred to Mr. Kevin Hansen, City Engineer, for study, and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvements are necessary, cost effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, the estimated cost of the improvement as recommended and a description of the methodology used to calculate individual assessments for affected parcels. RESOLUTION NO. 2016-85 A resolution of the City Council for the City of Columbia Heights, Minnesota, Whereas, the City Council of Columbia Heights is proposing to rehabilitate and maintain local streets in Zone 1 under the Street Rehabilitation program, and Whereas, the City Council intends to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Section 429.011 to 429.111 (Laws 1953, Chapter 398, as amended), and Section 10313.201 to 10313.251, as follows: 1601 ZONE 1 SEALCOAT Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT That the proposed improvements be referred to Mr. Kevin Hansen, City Engineer, for study, and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvements are necessary, cost effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, the estimated cost of the improvement as recommended and a description of the methodology used to calculate individual assessments for affected parcels. RESOLUTION NO. 2016 -86 14 City Council Minutes September 26 2016 Page 12 of 12 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Dereje Desta (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 4321 University Avenue N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on August 18, 2016 of a public hearing to be held on September 26, 2016. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about June 17, 2016, Community Development staff sent a letter requesting the owner of the property to schedule a rental inspection for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on or about June 24, 2016, Community Development staff sent a second letter requesting the owner of the property to schedule a rental inspection for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 3. That on August 18, 2016, inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to -wit: a. Shall schedule a rental property inspection with Community Development. 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). 15 Official Proceedings City of Columbia Heights City Council SPECIAL ASSESSMENT LEVY HEARING OCTOBER 3, 2016 6:15 P.M. THE FOLLOWING ARE THE MINUTES FOR THE SPECIAL ASSESSMENT MEETING OF THE CITY COUNCIL HELD AT 6:15 PM ON MONDAY OCTOBER 3, 2016 IN THE CITY COUNCIL CHAMBERS, CITY HALL, 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MINNESOTA Roll Call /Pledge of Allegiance Mayor Peterson called the meeting to order at 6:17 PM Present: Mayor Peterson, Councilmembers Schmitt, Nawrocki and Murzyn, Jr. Absent: Councilmember Williams Also Present: Walt Fehst -City Manager, Kevin Hansen - Public Works Director, Kathy Young- Assistant City Engineer, and Katie Bruno - Council Secretary. Resolution 2016 -88 being a Resolution to certify 2016 Petition and Waiver Assessments to Anoka County for collection with Real Estate Taxes. Director of Public Works Kevin Hansen explained that as part of the water main cleaning and lining project 36 properties were required to have operating stop boxes. The term is for 10 years, the council will determine the interest rate. Director Hansen recommended the interest rate be set at either 3.5 or 4 %, based on the current bond rates of 2.2 through 2.7 %. Hansen explained residents have 30 days to pay the entire assessment before the amount is certified to the City with interest. Kevin Doty had a question regarding the assessment for the property at 4052 Jefferson St. Director Hansen stated the assessment hearing for the Jefferson project is scheduled for December 5 th Motion by Councilmember Nawrocki, seconded by Councilmember Schmitt to close the Public Hearing and waive the reading of Resolution 2016 -88, there being ample copies available to the public. All Ayes Motion Carried. Motion by Councilmember Nawrocki, seconded by Councilmember Schmitt to adopt Resolution 2016 -88 being a resolution to certify 2016 Petition and Waiver assessments to Anoka County for collection with the real estate taxes. Motion by Councilmember Nawrocki, seconded by Councilmember Schmitt to reconsider Resolution No. 2016 -88. All Ayes, Motion Carried. Motion by Councilmember Nawrocki to set the interest rate at 3 %. Motion failed for lack of a second. Motion by Councilmember Schmitt seconded by Councilmember Murzyn, Jr. to adopt Resolution 2016 -88 being a resolution to certify 2016 Petition and Waiver assessments, and set the interest rate to 3.5% as recommended by staff to Anoka County for collection with the real estate taxes. All Ayes, Motion Carried Meeting adjourned at 7:21 PM Respectively Submitted, Katie Bruno, City Clerk /Council Secretary 16 MINUTES OF PLANNING AND ZONING COMMISSION SEPT 6, 2016 7:00 PM The meeting was called to order at 7:00 pm by Chair Szurek. Commission Members present- Buesgens, Fiorendino, Schill, Holum, and Szurek Also present were Elizabeth Holmbeck (Planner), and Shelley Hanson (Secretary) along with Council Liaison, John Murzyn. Motion by Hoium , seconded by Buesgens , to approve the minutes from the meeting of July 5, 2016. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: APPLICANT: LOCATION: REQUEST: 2016 -0901 John Brehm, Hy -Vee 4300 Central Avenue Site Plan Approval Holmbeck told members that John Brehm, on behalf of Hy -Vee, Inc., has applied for Site Plan Review. The applicant is proposing to renovate the existing commercial strip center located at 4300 Central Avenue NE., Columbia Heights, MN 5 542 1. The proposal includes renovating the interior of the existing building, and incorporating a new fagade. Additionally, a number of exterior site improvements are proposed including renovation of the parking lot and landscape improvements. The applicant is proposing rebuild a portion of the west facing wall to add an additional 3,790 square feet for off - street loading purposes. The existing building is 140,281 square feet. The renovated building will be 144,071 square feet. The south facing wall will be modified to accommodate a grocery and pharmacy pick -up drive thru. A narrative provided by the applicant, was enclosed in the agenda for review. Holmbeck went on to review how the application meets the Zoning Ordinance, Comprehensive Plan, and Design Guidelines along with the details of the Site Plan. ZONING ORDINANCE The property located at 4300 Central Avenue NE., is located in the General Business Commercial Zoning District. The properties to the north and south are located in the Limited Business Zoning District, the R -2A, One and Two - Family Residential Zoning District, and the R -2B, Built as Duplexes Residential Zoning District. The properties to the west are located in the R -2A, One and Two Family Residential Zoning District and the R- 2B, Built as Duplexes Zoning District. The properties to the east are located in the General Business Commercial Zoning District. COMPREHENSIVE PLAN The Comprehensive Plan guides this property for commercial uses. Renovating the vacant un -used portion of the commercial building to be re -used as a retail grocery store is consistent with the goals and intent of the comprehensive Plan. 17 P & Z Minutes Page 2 Sept 6, 2016 DESIGN GUIDELINES The subject property is located within the Design Guideline Overlay District, and is governed by the "Highway District" 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. In general, the proposed buildings meet the design guidelines. Signage will be addressed when the property owner or tenant applies for a Sign Permit. Signage must be consistent with Design Guidelines and with City Code. The following components are requirements of the Design Guidelines Highway District and how the applicant has attempted to meet the guidelines: • Buildings may be set back a maximum of 85 feet from the sidewalk, in order to allow for two rows of parking and drive aisles plus landscaped frontage. The proposed building does not meet this guideline as it is located 453', feet from the property line along Central Avenue. The Design Guidelines do allow for exceptions in the cases where topography or other physical conditions wouldprevent parking areas from being located to the rear of the building. The developer is proposing to renovate the existing structure which is located much farther from the street and pre -dates the City's Design Guidelines. • The primary facade(s) of buildings of 40 feet or more in width should be articulated into smaller increments through the techniques such as using of different textures or contrasting, but compatible, materials; dividing storefronts with separate display windows and entrances or incorporating arcades, awnings, window bays, balconies or similar ornamental features. The proposed building meets this guideline. The building is articulated into smaller increments with divided storefronts which define the different elements of the store and existing businesses. • Building height shall be a minimum of 22 feet. The proposed building meets this guideline. The building will be 26'10" at the lowest facade, and 352 " at the highest facade. • Where commercial or office uses are found on the ground floor, at least 20 percent of the ground floor facade fronting Central Avenue and 15 percent of any two side or rear facades shall consist of window and door openings. The proposed plan meets this guideline on the front and sides of the building, however there are no windows shown on the rear side of the building. • The building should have a well - defined front facade with primary entrances facing the street. The proposed building will have a well - defined front fagade, with the primary entrance facing Central Avenue. • Building colors should accent, blend with, or complement surroundings. The colors that are proposed are neutral, coincide with the company's recognizable grocery brand, and should complement the surrounding area. 18 P & Z Minutes Page 3 Sept 6, 2016 • No more than two principal colors may be used on a facade or individual storefront. Bright or primary colors should be used only as accents, occupying a maximum of 15 percent of building facades, except when used in a mural or other public art. The proposed building will consist of two primary colors: Maison Blanche and Nantucket Dune (two shades of beige) and Rustic Red (red). The plans also show accent awnings /window coverings to be green. • All buildings should be constructed of high - quality materials, including the following: Brick, Natural Stone, Stucco Precast concrete units and concrete block, provided that surfaces are molded, serrated or treated with a textured material in order to give the wall surface a three dimensional character. Jumbo brick may be used on up to 30 percent of any facade, provided that it is used only on the lower third of the building wall. The proposal meets this guideline. 797e building will be refaced with brick and stucco precast concrete panels. • Architectural details such as ornamental cornices, arched windows and warm -toned brick with bands of contrasting color are encouraged in new construction. The proposal generally meets the intent of this guideline. • Parking areas adjacent to public streets or sidewalks shall be screened with a combination of landscape material and decorative fencing or walls sufficient to screen parked cars on a year -round basis while providing adequate visibility for pedestrians. The proposed landscape plan includes a variety of trees (canopy, understory and evergreens) to be planted around the perimeter of the site, which meets the City's Landscaping requirements and will provide adequate screening. SITE PLAN 1. Parking The proposed plan identifies 692 parking stalls for the entire site. Staff believes this number is adequate, as it exceeds the minimum zoning requirement. For retail sales and service establishments, the Zoning Code requires 1 parking space per 300 sq. ft. of gross floor area. 2. Access The site will be primarily served by access points off Central Avenue onto 43rd and 44th Avenue NE. The property itself will be served by three entrances off 43rd Avenue NE., and three entrances off 44th Avenue NE. 3. Landscape The proposed landscaping materials are shown on the attached Landscape Plan. The applicant is proposing to plant trees and shrubs which will complement the layout of the development. A seasonal garden center is proposed to be located on the southeast coiner of the site. The property currently has a Conditional Use Permit for seasonal outdoor sales. 4. Lot Dimension, Height and Setback Requirements The proposed plan meets the lot dimension, height, and setback requirements. 19 P & Z Minutes Page 4 Sept 6, 2016 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 applicable 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 for commercial development. Theproposed Site 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 parcel. d. The Site Plan minimizes any adverse impacts on property in the immediate vicinity and the public right - of -way. The proposed Site Plan for meets all the minimum setback requirements and general development standards outlined in the Zoning Code. Therefore, the properties in the immediate vicinity of the proposed development should not be adversely impacted. Staff recommends approval of the proposed Site Plan for the Hy -Vee grocery store to be located at 4300 Central Avenue NE. Questions /comments from members: Buesgens asked the applicant if they were purchasing the entire site, what they planned for storm water drainage, and if they were aware that there will be a great deal of pedestrian traffic , especially along 43'd Avenue. John Brehm, from Hy -Vee answered that they are purchasing the whole site, that they will use the existing storm water drainage system, and they will work to snake it pedestrian friendly. She asked if they would be adding any rain garden areas, and he said they did not plan to at this time. Fiorendino questioned how traffic would flow on the site, and wanted details on the existing retaining walls since the City Engineer recommended leaving them in place. Brehm told members that they plan to add a grocery and pharmacy pick up area on the south side of the building. He went on to review how they want traffic to flow on the roperty. He said delivery trucks should be entering the delivery bays on the west side of the building from 44' Avenue. Brehm said they will probably be exiting to 43'd Avenue and that a curb cut on 43'd Avenue will be added and the other one widened so that trucks will be able to make the swing without impacting residential properties to the south. Brehm told members that after meeting with Kevin Hansen, Public Works Director, they have decided to leave the retaining wall along 44d' Avenue intact, especially the NE corner. However, they plan on altering the wall along Central Avenue to soften the appearance and improve the visibility to the shopping center. They plan to terrace it down and add landscaping to make the elevation change more gradual. He went on to say they will mill and overlay the entire parking lot and change out the lighting. The front fascade on the entire building will be re -done and the front sidewalk will have no curb. 20 P & Z Minutes Page 5 Sept 6, 2016 Fiorendino asked about relocating the Garden Center to the SE corner of the site. Brehm said he is aware that they will have to amend the existing CUP to relocate the Garden Center. He said that ACE Hardware has had the rights to operate their garden center the last few years and that they will work it out with them, but the plan is to relocate it. Public Hearing was Opened. Sue Lowe from 4256 Jackson St. said she is happy they will be locating their store at the site. However, she was concerned with truck traffic along 43rd Avenue and their ability to navigate the turns in and out of the shopping center without coming onto her property. She also was concerned with garbage smells from the dumpsters. Brehm said that widening the curb cuts along 43rd Avenue should help with trucks exiting the site. He also showed her where the garbage compactors would be located, which are further north than they used to be so that should improve that situation also. Holmbeck told members that the delivery hours are among the conditions for approval. Joyce Shellito from 403 Summit St. thanked the Hy -Vee representatives for locating a store in Columbia Heights. Rochell Lathen from 946 42nd Avenue is excited for the store to open and appreciated that they will be open 24 hours a day and will also serve breakfast. Kelly Dunn from 4257 Jackson St bought her house to be near a grocery store, so she is happy they will be locating there. She had concerns with the roof and roof top units as the existing ones are very noisy. Brehm told her that they will be replacing the roof membrane and all the rooftop units will be replaced and will be screened. He said the equipment they normally use is more quiet than older units and that they can adjust fan speeds to lessen the noise. Schill asked if everything will be roof mounted. Brehm said all HVAC and compressors would be on the roof. Brehm also said they are hoping to start construction in 2017. The Public Hearing was closed. Fiorendino wanted to add language to Condition #5 to add the word "sound" to the clause minimize the visual and sound impact on adjacent properties. Motion by Buesgens, seconded by Fiorendino, to waive the reading of Resolution No. 2016 -PZ04, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Buesgens , seconded by Fiorendino, to adopt Resolution No. 2016 —PZ04, being a resolution approving a Site Plan, for the proposed Hy -Vee Grocery Store, subject to the following conditions: 1. The building and site shall be meet all requirements found in the Fire Code and the Building Code. 2. Trash and /or recycling collection areas shall be enclosed on at least three sides by an opaque screening wall or fence no less than six, feet in height. The open side of the enclosure shall not face any public street or the front yard of any adjacent property. 21 P & Z Minutes Page 6 Sept 6, 2016 3. There shall be no deliveries, loading or unloading of goods and materials between the hours of 10:00 pm and 6:00 am. 4. All exterior lighting shall be downcast as not to adversely impact neighboring residential properties. 5. Mechanical equipment shall be placed and /or screened so as to minimize the visual and sound impact on adjacent properties and from public streets. 6 The applicant shall meet the requirements outlined in the attached report from the Public Works Director /City Engineer, dated August 22, 2016 7. Applicant will install a guardrail along the west property line to mitigate further damage to the City's fence surrounding Jackson Pond. 8. All City Storm Water Management requirements and Mississippi Watershed Management Organization requirements shall be achieved for this property. 9. Site and elevation plans included in this submittal, dated August 1, 2016 shall become part of this approval. 10. Any requirements outlined by the Minnesota Department of Transportation must be met (MNDOT review pending). Any comments from MNDOT will be forwarded over to the applicant and will become part of this approval. 11. All other applicable local, state, and federal requirements shall be met at all times. All ayes. MOTIONPASSED. RESOLUTION NO.2016 -PZ04 A Resolution of the Planning and Zoning Commission for the City of Columbia Heights, Minnesota, Whereas, a proposal (Case # 2016 -0901) has been submitted by John Brehin on behalf of Hy -Vee, Inc. to the Planning and Zoning Commission requesting Site Plan Approval from the City of Columbia Heights at the following site: Address: 4300 Central Avenue NE., Columbia Heights, MN 55421 Legal Description: On file at City Hall. The applicant seeks the following Site Plan Approval for a proposed renovation of the commercial building located at 4300 Central Avenue NE. Whereas, the Planning and Zoning Commission has held a public hearing as required by the City's Zoning Code, on September 6a', 2016. Whereas, the Planning and Zoning Commission has considered the advice and recommendations of 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 Now, therefore, in accordance with the foregoing, and all Ordinances and regulations of the City of Columbia Heights, the Planning and Zoning Commission of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. The site plan conforms 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. RI% P & Z Minutes Page 7 Sept 6, 2016 Further, be it resolved, that the attached conditions, maps, and other information shall become part of this approval; and in granting this approval the City and the Applicant agree that this Site Plan 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. 1. The building and site shall be meet all requirements found in the Fire Code and the Building Code. 2. Trash and /or recycling collection areas shall be enclosed on at least three sides by an opaque screening wall or fence no less than six feet in height. The open side of the enclosure shall not face any public street or the front yard of any adjacent property. 3. There shall be no deliveries, loading or unloading of goods and materials between the hours of 10:00 pm and 6:00 am. 4. All exterior lighting shall be downcast as not to adversely impact neighboring residential properties. 5. Mechanical equipment shall be placed and /or screened so as to minimize the visual impact on adjacent properties and from public streets. 6. The applicant shall meet the requirements outlined in the attached report from the Public Works Director /City Engineer, dated August 22, 2016. 7. Applicant will install a guardrail along the west property line to mitigate further damage to the City's fence surrounding Jackson Pond. 8. All City Storm Water Management requirements and Mississippi Watershed Management Organization requirements shall be achieved for this property. 9. Site and elevation plans included in this submittal, dated August 1, 2016 shall become part of this approval. 10. Any requirements outlined by the Minnesota Department of Transportation must be met ( MNDOT review pending). Any comments from MNDOT will be forwarded over to the applicant and will become part of this approval. 11. All other applicable local, state, and federal requirements shall be met at all times. Passed this 6 "' day of September, 2016 Offered by: Buesgens Seconded by: Fiorendino Roll Call: All Ayes Marlaine Szurek, Chair Attest: Shelley Hanson, Secretary 23 P & Z Minutes Page 8 Sept 6, 2016 CASE NUMBER: 2016 -0902 APPLICANT: Thomas Brama, Property Owner DEVELOPMENT: Preliminary Plat of T3 Addition for Thomas Brama II LOCATION: 4400 Stinson Blvd. NE. REQUEST: Preliminary Plat Approval with a Waiver to City Code Holmbeck told members that Thomas Brama has requested approval of a Preliminary Plat and a Waiver for the property located at 4400 Stinson Blvd. NE. The site is currently comprised of 2 lots. The applicant is proposing to remove the existing lot line, and re -plat the property to result in seven single family residential lots. Once the plat has been approved, the applicant is proposing to keep the existing home on one of the newly created lots and build 6 new single family residential homes on the remaining newly created lots. This proposal requires a waiver to City Code, Section 9.115 to allow proposed lots 4, 5, 6, and 7 to have reduced lot widths. State Building Code prevents constructing a new building over a property line. Furthermore, in order to obtain a Certificate of Occupancy for the property, the lot lines must be removed. ZONING ORDINANCE The site is currently comprised of two lots. The properties are located in the R1, Single Family Residential Zoning District. The properties to the north, south and west are also located in the R1, Single Family Residential Zoning District. The properties to the east are located in the City of St. Anthony. COMPREHENSIVE PLAN The Comprehensive Plan guides this area for Low Density Residential Development. The City's Comprehensive Plan aims to identify new areas that can support single family housing and to encourage newer higher valued housing opportunities to provide move -up housing for existing and new residents. Re- platting the property to allow for the construction of new single family homes is consistent with the City's Comprehensive Plan. DESIGN GUIDELINES The subject property is not located in the Design Guideline Overlay District and as such, is not governed by the Design Guideline standards. FINDINGS OF FACT Section 9.104 (L) (6) of the Zoning Ordinance outlines three conditions that must be met in order for the City to grant a Preliminary Plat. They are as follows: 24 P & Z Minutes Page 9 Sept 6, 2016 (a) The proposed preliminary plat conforms with the requirements of § 9.115. The proposed Preliminary Plat does not meet certain items under the Subdivision Ordinance (See attached memo from the City Engineer dated August 22 "a 2016). A waiver to Section 9.115 is requested to allow lots 4, 5, 6, and 7 to have reduced lot width. Proposed lot widths include: Lot 4: 52 Feet Lot 5: 62 Feet Lot 6: 62 Feet Lot 7: 52 Feet (b) The proposed subdivision is consistent with the comprehensive plan. This is correct. The Comprehensive Plan guides this area for low - density Residential. (c) The proposed subdivision contains parcel and land subdivision layout that is consistent with good planning and site engineering design principles. This is correct. Staff recommends that the Planning and Zoning Commission approve the proposed Preliminary Plat with a Waiver to Section 9.115 of City Code to allow four reduced lot widths for the property located at 4400 Stinson Boulevard NE. Staff will work with the applicant to ensure that all the items listed in the attached Public Works Director's report are addressed before the Final Plat goes to the City Council for final approval at a later date. Holmbeck explained they have one year to finalize the plat and to record with Anoka County. Questions /comments by members: Fiorendino asked what the rationale was for creating 4 lots across the front and not 3. He asked if there was a hardship requirement to grant a waiver to City Code. Holmbeck explained this is a waiver, not a variance so a hardship is not necessarily required. The City Council would have to approve whether they want to deviate from the City Code in place after they consider whether it benefits the City as a whole or if geography dictates an exception to the rules in place. Fiorendino asked if there would be a homeowner's association created to ensure that maintenance and shared driveway access is detailed. Brama stated there would be. Hoium said the proposed lot widths are a concern to him. Buesgens was concerned with the City Engineer's memo. Holmbeck explained that is addressed in the conditions of the approval motion and Resolution. Public Hearing was Opened. Thomas Brama from 3302 39th Avenue, St. Anthony, is the applicant. He and his Engineer Tim Egritch were present. He said he is proposing 4 lots across the front based on the geography of the lot, including a large hill and several retaining walls that will have to be constructed to make the lots buildable. He said the cost of constructing the walls are significant and the extra lot across the front will help recoup some of that expense. Brama told members that even though the lot widths are narrower than required, he still meets the overall minimum square footage required because the lots are deeper. 25 P & Z Minutes Page 10 Sept 6, 2016 Brama said that 6 new single family homes, (plus the existing home), will be constructed near the beach and park and will make them very desirable. He plans on leaving as much of the natural landscaping and woods as possible. Buesgens asked Brama to explain to the audience his reasoning for smaller lots and the type of home he plans on constructing. Brama told members that he plans to construct Rambler (one level style) homes on smaller lots that require less maintenance which is becoming more attractive to young working families and seniors who still want to live in a house rather than an apartment or townhouse. Brama said he already reduced the number of lots across the front from 5 to 4 and again said he can't reduce anymore due to the expense of constructing boulder retaining walls. Fiorendino noted that the three lots in back appear to exceed the minimum 8,400 sf requirement but because there are driveway easements involved, it reduces the overall square footage by quite a bit. Hoium was also concerned with the reduction in square footage due to the driveway easements. He thought it makes the lots too small. He didn't feel an exception should be made to the Code, especially with no good reason. The job of the commission is to uphold our Code as it was established for the good of the City overall. Fiorendino agreed. Holmbeck explained to members that sometimes cities have to get creative in providing lots for new homes. She said this is a good use of the land but it is up to the Commission and City Council to decide whether to approve the proposal or not. He has a right to submit a proposal and the City has a right to approve or deny. Since the Commission can only make a recommendation and the City Council will make the ultimate decision on this, she encouraged all interested parties to attend the Council meeting on Sept. 12th. Schill asked who lives in the existing home and what condition it is in. Brama said he bought it from a bank as it was a foreclosure. He has renovated the interior and will add stonework to the exterior so it will fit in with the new homes. He told members he would like to move into the existing home himself. Hoium asked about the height of the retaining walls. Brama said there will be a 7 ft high retaining wall behind Lot 1 and an 8 ft wall behind Lot 7. The area depicted on the plan by Lot 4 is a wooded area that will be kept as is. Hoium asked about the 8 inch line to the fireplug which is currently located on the interior of the property. Brama said that would be moved to the street and that has been approved by the Fire Chief. Joyce Shellito from 403 Sun-unit St. stated that parking should be a concern as people park along Stinson Blvd. which restricts traffic to one lane. Where will people who are visiting residents in the new homes park. The driveways are not that big and street parking is not always available. She said the park is full most days and especially on the weekends. She asked whether an interior street could be added so that entry could be made from the back of the lots. Holmbeck said the City isn't interested in doing that since installing the infrastructure would be almost impossible due to the topography of the area. The new owner (Dana) of 4343 Benjamin St. moved into her home last week. She said she bought the property because it was a low density area and surrounded by natural habitat. She is very upset that most of the trees will be removed and that six homes will be added to the area. She thinks it is a breach of trust to break the Zoning laws to create high density housing in a low density single family home area. She said the applicant created the hardship himself by trying to build so much in a small area so he can personally profit as much as possible. 26 P & Z Minutes Page 11 Sept 6, 2016 Robert Kerwin from 4410 Stinson Blvd is very concerned about how congested this will make the area. He said the area is already congested due to the City Beach/Park, Silverwood Park and the current residents. This will double the density of the block and he thinks the density should be the same as the other properties in the neighborhood. The parking lot at the City Beach is small and does not accommodate the cars now and to add more residents and potential company will make the road impassable. He said he will have two houses bordering him on the south side of his lot versus the one he has on the north side. Kerwin also expressed concern about cars having a hard time getting up the hill in the winter. Mr. Moses of 4343 Benjamin St asked if adding 6 additional houses next to the park and cutting down trees and vegetation would have any environmental impact on the hill or the lake. He thinks the hill behind the existing homes could be in jeopardy of erosion. He asked if any environmental studies were performed or required. Mark Blinkman from 4430 Stinson Blvd has lived there for 38 years. He said parking along the street is an issue. It is a narrow street and normally has only one lane for moving traffic. He asked what the timeline would be to construct the new homes. Will they be done all at once or spread out over several years. He also wanted to know the price point that these homes would be marketed at. Lane Vickner from 4343 Benjamin St said construction vehicles will also add congestion to the street that may make it impassable at times. He also wanted to see information from an environmental study. The owners from 4525 Chatham Dr., and members of the Church abutting this property, were concerned about the removal of the vegetation on the site. They were also concerned about snow removal from the site. Where do they plan on putting the snow with such small lots and the private road accessing all the homes. The Reverend Jin S. Kim, Pastor of the Church of All Nations, gave the Commission a history of the church and said that at one time, they owned the piece of property being discussed at this meeting. According to Kim, when the Church sold the property in the 1960's, they were under the assumption that it would be kept as a wooded area with a maximum of one house possibly being added according to the City's Zoning Ordinance. Kim said members should keep in mind where this property is located and that it is abutting other nature areas for residents of the City to enjoy. He said there is no hardship for the developer if he develops it according to the Zoning Ordinance. However, if the Commission approves his proposal it will create a hardship for everyone around this property and anyone who uses the City Park, Silverwood, and the neighboring Church. Kim said Mr. Brama is trying to make a large profit by constructing as many homes on the site as possible and everyone else is paying the price. Kim told members that when the Church paved their parking lot, the Watershed District made them filter the water and create gardens to eliminate water run off that would add pollution near the lake. He asked what the environmental impact this would have on the surrounding parks and lake. He asked the Commission to exercise judgment in making their decision for the common good of the whole City and to uphold the City's Ordinance that was established for a reason. He said he will be going to the City Council to voice his concerns also. The Public Hearing was Closed. 27 P & Z Minutes Page 12 Sept. 6, 2016 Brama addressed concerns mentioned by residents. He told members that he has already removed 10 -11 roll offs of debris and garbage from the site. He ensured everyone that he plans on keeping as many trees and vegetation as possible on the site. He admitted he is purchased this property as an investment and designed the number of homes to maximize his profit. He is excited to add new housing in a nice area of the City for new families. He told the Commission that he plans on constructing homes that will sell for $400,000 to $600,000 each. He estimates that the existing home in the back of the lot will be worth about $200,000 once he is done working on the exterior. Brama said this will clean up the site and be good for the area. The members asked if the project would still go forward if the number of homes were reduced so the waiver wasn't necessary. He said he wasn't sure he would proceed since there wouldn't be as much profit in it for him. Szurek asked Holmbeck to explain what a hardship is in regards to Planning. Holmbeck said this is not a variance request whereby a hardship must be given in order to be approved. This is a waiver to the Zoning Ordinance which asks that the rules be waived for this one case. Holmbeck explained that the Commission could approve the Plat without the waiver and he could still plat out 3 lots in front and meet the lot width requirement. She said it isn't up to the Commission to design the site or lots for him. If approved without the waiver it would be up to Brama to bring back a new Plat for approval. Murzyn asked Brama how he would handle snow removal. Brama said the snow would be handled on site and probably be plowed to the side of the road /driveways. Murzyn said this could affect fire truck access if the private road /driveway access is made to narrow due to a large amount of snow kept on site. He also said there wouldn't be much room on the lots since large homes are being proposed for the site. He also asked if the homes would be constructed all at once or whether they would be constructed gradually as sold. Brains said he would like to do construction in two phases. The front ones would be constructed first, and the back two at a later time. Fiorendino didn't see any reason to waive the City Code. Hoium agreed with him 100 %. He wants the developer to come back with a new plan with 70 foot width lots as required. They both thought the proposal should be approved or denied as submitted. If denied, it is up to the developer to come back with a new proposal for consideration. They didn't feel comfortable re- designing it for him. Buesgens understands his plan to build higher end homes on small lots, but also hears the concerns of the neighbors and the need to provide natural areas for people to enjoy that are accessible. She favored a compromise of approving the Plat but reducing the lots in the front from 4 to 3. Joe Hogeboom, the Community Development Director, said the City did know about the property being for sale, but the price was too high for the City to purchase for the possible construction of a single family home. He said staff also had a discussion of extending or opening another street access to the site, but the City Engineer was not in favor of that due to the topography of the property and the expense of adding the infrastructure that would be required to develop it properly. He said the members must consider whether the waiver makes sense for this site since additional public roads will not be added. Mr. Brama came up with a design to develop the property without an additional road and also took into account the topography, which was a challenge. 28 P & Z Minutes Page 13 Sept 6, 2016 Szurek agreed with Buesgens. She stated she has conflicting views. While she admires someone pursuing the "American Dream" of making the most of an investment, she also understands the concerns of the neighbors. She would be comfortable recommending the City Council approve the plan with only 3 lots across the front. Szurek explained that the Commission can only make a recommendation and that the City Council will actually make the decision on this matter. Schill appreciated everyone who spoke and that his questions have all been answered. Motion by Buesgens, seconded by Szurek, to waive the reading of Resolution No. 2016 -75, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Buesgens, seconded by Szurek, that the Planning and Zoning Commission recommends the City Council approve the Preliminary Plat without the Waiver to Section 9.115 of City Code, and recommends reducing the front lots from 4 to 3 for the property located at 4400 Stinson Boulevard 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. All required state and local codes, permits, licenses and inspections will be met and in full compliance. 2. The applicant shall meet the requirements outlined in the attached report from the Public Works Director /City Engineer, dated August 22, 2016. All the items outlined in the report should be dealt with prior to approval of the Final Plat. 3. The private driveway will need to be constructed to hold the weight of a fire vehicle, approximately 45,000 to 50,000 lbs. 4. The applicant shall be responsible for the cost of filing and recording written easements with the Anoka County Recorder's Office. 5. An approved Preliminary Plat shall be valid for a period of one year from the date of the City Council approval. In the event that a Final Plat is not submitted within this time period, the Preliminary Plat will become void. 6. Upon approval of a Final Plat, the applicant shall be responsible for filing and recording the Final Plat with the Anoka County Recorder's Office within one year of the date of City Council action. In the event that a Final Plat is not recorded within this time period, the Final Plat will become void. Roll Call: Ayes- Buesgens and Szurek. Nays- Fiorendino, Hoium, and Schill MOTION FAILED. This matter will go to the City Council for consideration at the September 12`x' meeting. The meeting was adjourned at 8:45 pm. Respectfully submitted, Shelley Hanson Secretary 29 ECONOMIC DEVELOPMENT AUTHORITY (EDA) MINUTES OF THE MEETING OF SEPTEMBER 6, 2016 The meeting was called to order at 6:00 pm by Chair Gary Peterson Members Present: Donna Schmitt, John Murzyn, Marlaine Szurek„ Gerry Herringer, Bruce Nawrocki , Bobby Williams, and Gary Peterson. Staff Present: Walt Fehst, Joseph Hogeboom, Keith Dahl, and Shelley Hanson. PLEDGE OF ALLEGIANCE - RECITED CONSENT ITEMS 1. Approve the Minutes from August 1, 2016— 2. Approve the Financial Report and Payment of Bills for July 2016 on Resolution 2016- 22. Questions by Members: No questions or comments. Motion by Nawrocki, seconded by Williams, to waive the reading of Resolution 2016 -22 there being an ample amount of copies available to the public. All ayes. MOTION PASSED. Motion by Nawrocki, seconded by Williams, to approve the Minutes and Financial Report and Payment of Billsfor July as presented. All ayes. MOTIONPASSED. RESOLUTION NO. 2016-22 A Resolution of the Economic Development Authority of Columbia Heights, Minnesota, Approving the Financial Statements for Month of July, 2016 and the Payment of the Bills for the Month of July, 2016. 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 statements for the month of July, 2016 has been reviewed by the EDA Commission; and 30 EDA Minutes Page 2 September 6, 2016 WHEREAS, the EDA has examined the financial statements and finds them to be acceptable as to both form and accuracy; and WHEREAS, the EDA Commission has other means to verify the intent of Section 469.096, Subd. 9, including but not limited to Comprehensive Annual Financial Reports, Annual City approved Budgets, Audits and similar documentation; and WHEREAS, financials statements are held by the City's Finance Department in a method outlined by the State of Minnesota's Records Retention Schedule, NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of the Columbia Heights Economic Development Authority that it has examined the referenced financial statements including the check history, and they are found to be correct, as to form and content; and BE IT FURTHER RESOLVED the financial statements are acknowledged and received and the check history as presented in writing is approved for payment out of proper funds; and BE IT FURTHER RESOLVED this resolution is made a part of the pennanent records of the Columbia Heights Economic Development Authority. Passed this 6th day of September, 2016. Motion by: Nawrocki Seconded by: Williams BUSINESS ITEM 1. Established of the Hy -Vee TIF District — Resolution 2016 -23 Dahl told members that Hy -Vee has requested public financial assistance for the redevelopment of the property located at 4300 Central Avenue NE. Many specifics are still being discussed between staff, Ehlers and Hy -Vee however, possible uses for which public financial assistance is being requested consist of environmental cleanup, land acquisition, demolition, additions, site improvements, site work, remodel of exterior, and soil corrections. In Columbia Heights, the Columbia Heights Economic Development Authority (EDA) is the authority authorized to exercise Tax Increment Financing (TIF) powers, however the EDA may not exercise any TIF powers without the prior approval of the City Council (Council) of the City of Columbia Heights (City). Previously, the EDA and the Council established a redevelopment project designated as the Downtown Central Business District Revitalization Plan. The revitalization plan has encouraged development and redevelopment within the City along Central Avenue; however, modifications must be added to encompass the renovations proposed by Hy -Vee. In order to establish a TIF District for Hy -Vee, certain events must occur that are outlined on the attached document (TIF Establishment Schedule of Events). As part of that process, the EDA must formally request that 31 EDA Minutes Page 3 Spt. 6, 2016 the Council call for a public hearing to consider modifications to the Downtown Central Business District Revitalization Plan and for the establishment of the Hy -Vee TIF District. Dahl said this Resolution only calls for the Public Hearing. It does not approve creating a TIF District. Hogeboom told members that Hy -Vee is going to the Planning & Zoning meeting later tonight for their Site Plan approval. They want to close on the property shortly and have requested a TIF District be established for this project. Staff and Ehlers will study the matter to see what impact this will have for the City. This will be done so a recommendation can be made in time for the October Public Hearing. Staff recommends adopting Resolution 2016 -23, a resolution requesting City Council to call for a Public Hearing for the Modification to the Downtown Central Business District Revitalization Plan and for the Establishment of the Hy -Vee TIF District. Questions /comments from members: Nawrocki asked how much this parcel has cost the City in the past. He suggested staff look back to the 1970's or so to see if there are records regarding the use of TIF funds. Motion by Herringer, seconded by Murzyn, to waive the reading of Resolution 2016 -23, there being ample copies available to the public. All ayes. MOTIONPASSED. Motion by Herringer, seconded by Murzyn, to adopt Resolution 2016 -23, a resolution requesting City Council to call for a Public Hearing on October 24, 2016 at approximately 7:00 PMfor the Modification to the Downtown Central Business District Revitalization Plan for the CBD Redevelopment Project and the Establishment of the Hy- Vee TIF District. Roll Call: Ayes- Szurek, Schmitt, Murzyn, Herringer, Williams, Peterson. Nays - Nawrocki MOTION PASSED. COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY CITY OF COLUMBIA HEIGHTS ANOKA COUNTY, STATE OF MINNESOTA RESOLUTION NO. 2016-23 RESOLUTION REQUESTING THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS CALL FOR A PUBLIC HEARING ON THE MODIFICATION OF THE DOWNTOWN CBD REVITALIZATION PLAN FOR THE CBD REDEVELOPMENT PROJECT AND THE ESTABLISHMENT OF THE HY -VEE TAX INCREMENT FINANCING DISTRICT (A REDEVELOPMENT DISTRICT). 32 EDA Minutes Page 4 Sept. 6, 2016 BE IT RESOLVED, by the Board of Commissioners (the "Board ") of the Columbia Heights Economic Development Authority, Minnesota (the "EDA ") as follows: WHEREAS, the City Council (the "Council ") of the City of Columbia Heights, Minnesota (the "City ") established the CBD Redevelopment Project pursuant to Minnesota Statutes, Minnesota Statutes, Sections 469.174 to 469.1794, inclusive, as amended, in an effort to encourage the development and redevelopment of certain designated areas within the City; and WHEREAS, the EDA is proposing the modification of the Downtown CBD Revitalization Plan for the CBD Redevelopment Project and the establishment of the Hy -Vee Tax Increment Financing District, pursuant to, and in accordance with, Minnesota Statutes, Sections 469.174 to 469.1794 and Sections 469.090 through 469.1082, inclusive, as amended; NOW, THEREFORE BE IT RESOLVED by the Board as follows: 1. The EDA hereby requests that the Council call for a public hearing on October 24, 2016 to consider the proposed modification of the Downtown CBD Revitalization Plan for the CBD Redevelopment Project and the proposed adoption of the TIF Plan for the Hy -Vee Tax Increment Financing District (collectively, the "Plans ") and cause notice of said public hearing to be given as required by law. 2. The EDA directs the Executive Director to transmit copies of the Plans to the Planning Commission of the City and requests the Planning Commission's written opinion indicating whether the proposed Plans are in accordance with the Comprehensive Plan of the City, prior to the date of the public hearing. 3. The Executive Director of the EDA is hereby directed to submit a copy of the Plans to the Council for its approval. 4. The EDA directs the Executive Director to transmit the Plans to the county and the school district in which the Hy -Vee Tax Increment Financing District is located not later than September 23, 2016. 5. Staff and consultants are authorized and directed to take all steps necessary to prepare the Plans and related documents and to undertake other actions necessary to bring the Plans before the Council. Approved by the Board on September 6, 2016. Chair 2. Scattered Site TIF District- Consider Lot Sale of 4235 NVashington St- Resolution 2016 -24. Over the years, the Columbia Heights Economic Development Authority (EDA) has acquired property within the City of Columbia Heights for economic development purposes. In 2009, the EDA approved the "Scattered Site Housing Program" in an effort to address foreclosure issues and remediate the emergence of blight within Columbia Height's neighborhoods. The program was setup to purchase blighted residential properties, demolish the house, and then sell the vacant lots to families seeking new construction of single - family homes. 33 EDA Minutes Page 5 Sept 6, 2016 In 2013, the EDA approved Resolution 2013 -07, a resolution approving plan for conveyance of twelve (12) scattered site lots owned by the EDA. The EDA intended to convey these properties to Timbercraft to construct single - family homes, and to that end has also engaged the services of Re/Max Synergy through an Exclusive Right to Sell Listing Contract. The property located at 4235 Washington Street Columbia Heights, MN 55421 is one of those twelve properties intended to be conveyed to Timbercraft once Re /Max Synergy found a Buyer. Also in 2013, the EDA and Timbercraft negotiated purchase prices for all twelve properties. The purchase price negotiated for 4235 Washington Street was $10,000. This property is the last property in the Scattered Site Housing Program to sell and will conclude the Exclusive Right to Sell Listing Contract with RE /Max and Timbercraft. Since a public hearing was held June 3, 2013 for the sale of 4235 Washington Street, the resolution before the EDA tonight is approving the Purchase and Redevelopment Agreement between the EDA and Timbercraft for the property located at 4235 Washington Street. Staff recommends approval of Resolution 2016 -24, authorizing approval of the Purchase and Redevelopment Agreement with Timbercraft Enterprises Inc. for the conveyance of 4235 Washington Street, Columbia Heights, MN 55421. Questions /comments from members: Nawrocki asked if this was a buildable lot. He thinks it is pretty narrow. The home should be similar to the others that have been built on 40 foot lots. Hogeboom looked up lot size and told members it was a 50 foot lot width. Motion by Szurek, seconded by Schmitt, to waive the reading of Resolution 2016 -24, there being ample copies available to the public. All ayes. MOTIONPASSED. Motion by Williams, seconded by Murzyn, to adopt Resolution 2016 -24, a resolution approving a Purchase and Redevelopment Agreements with Timbercraft Enterprises Inc. for the conveyance of 4235 Washington Street, Columbia Heights, MN 55421. All ayes. MOTIONPASSED. COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. 2016-24 RESOLUTION APPROVING A PURCHASE AND REDEVELOPMENT AGREEMENT (INCLUDING THE SALE OF LAND) BETWEEN THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY AND TIMBERCRAFT ENTERPRISES, INC. 34 EDA Minutes Page 6 Sept 6, 2016 BE IT RESOLVED By the Board of Commissioners ( "Board ") of the Columbia Heights Economic Development Authority ( "Authority ") as follows: Section 1. Recitals. 1.01. The Authority has determined a need to exercise the powers of a housing and redevelopment authority, pursuant to Minnesota Statutes, Sections 469.090 to 469.1081 ( "EDA Act "), and has previously established its Central Business District Redevelopment Project (the "Project ") within the City of Columbia Heights (the "City ") and its City -Wide Scattered Site Tax Increment Financing District (the "TIF District ") within the Project, and has developed program design guidelines in connection with the construction of homes within the TIF District (the "Guidelines "). 1.02. The Authority and TimberCraft Enterprises, Inc. (the "Buyer ") have proposed to enter into a Purchase and Redevelopment Agreement (the "Contract "), setting forth the terms and conditions of sale and redevelopment of certain property within the TIF District, currently owned by the Authority, located at 4235 Washington Street NE and described as the North 10 feet of Lot 23, and all of Lot 24, Block 31, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota (the "Property "). 1.03. Pursuant to the Contract, the Buyer will acquire the Property and will construct a single - family home, subject further to the Guidelines and to the City's zoning and building codes and policies. 1.04. The Authority previously conducted a duly noticed public hearing regarding the sale of the Property to the Buyer, at which all interested persons were given an opportunity to be heard, and approved the conveyance of the Property pursuant to the Guidelines by Resolution No. 2013- 07. 1.05. The Authority finds and determines that conveyance of the Property to the Buyer has no relationship to the City's comprehensive plan, in that no amendment or modification of the comprehensive plan is required for the conveyance or redevelopment of the Property. The activities of the parties under the Contract implement housing goals established for the TIF District pursuant to the Tax Increment Financing Plan for the TIF District. 1.06. The Board has reviewed the Contract and fmds that the execution thereof and performance of the Authority's obligations thereunder are consistent with the Guidelines, and are in the public interest and will further the objectives of its general plan of economic development and redevelopment, because they will further the above - stated housing goals. 35 EDA Minutes Page 7 Sept 6, 2016 Section 2. Authority Approval; Further Proceedings. 2.01. The Contract as presented to the Board, including the sale of the Property described therein, is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the President and Executive Director, provided that execution of the documents by such officials shall be conclusive evidence of approval. 2.02. The President and Executive Director are hereby authorized to execute on behalf of the Authority the Contract and any documents referenced therein requiring execution by the Authority, including without limitation the deed, and to carry out, on behalf of the Authority, its obligations thereunder. 2.03. Authority and City staff are authorized and directed to take all actions to implement the Contract. Approved by the Board of Commissioners of the Columbia Heights Economic Development Authority this 6th day of September, 2016. President ATTEST: Secretary 3. Single Family Lot Sales Program- Approve Sale of 4606 Polk St- Resol. 2016 -25 Dahl explained that the program's lot prices are based upon the Estimated Market Land Value for each individual property. However, the EDA has the right to review and adjust lot prices periodically provided that sufficient evidence supports the lots price reduction. The Estimated Market Land Value for this particular property is $45,000. However, in speaking with various home builders, staff received feedback that the lots currently available in the program, which are located in the Heritage Heights neighborhood, are generally lower in value compared to other properties throughout the City of Columbia Heights. At the meeting of August 1, 2016, the Columbia Heights Economic Development Authority (EDA) approved the concept approval of Home Detail's application proposing to purchase the property located at 4606 Polk St. NE for $16,000. The EDA also directed staff to work with Home Detail to determine specific house plans for the Purchase and Redevelopment 36 EDA Minutes Page 8 Sept 6, 2016 Agreement. In accordance to the adopted Single Family Home Lot Sales Program, Home Detail has provided an executed Purchase and Redevelopment Agreement with specific house plans (Attached) and paid an earnest deposit of $2,000 to the EDA. For EDA consideration tonight is the sale approval of 4606 Polk Street NE to Home Detail for the construction of a single family home. If the Purchase and Redevelopment Agreement is not approved by the EDA, the earnest deposit will be returned to Home Detail. If the Purchase Agreement is approved by the EDA, the earnest deposit is non - refundable and will be credited toward the purchase price of the property at closing. At the last EDA meeting, staff indicated that Home Detail has previously constructed a home at 4631 Pierce Street NE. Currently, 4631 Pierce Street has been issued a Temporary Certificate of Occupancy because completion of the Single Family Home has not been completed. Before a Certificate of Occupancy will be issued by the Building Official, erosion controls (ie. landscaping and sodding) must be completed. Staff recommends sale approval of 4606 Polk Street NE to Home Detail contingent on Home Detail obtaining a Certificate of Occupancy for 4631 Pierce Street NE. Questions /comments from members: Szurek asksed what incentive they have to finish the outstanding items at 4631 Pierce Street now that it is occupied. Dahl told members that the contingency he incorporated into this agreement should take care of it. Members were concerned that he has had ample time to finish the outstanding items. Peterson suggested holding off on the sale of the lot at 4606 Polk Street until he completes the Pierce Street one. Herringer is against selling any further properties to this company since they don't seem to finish the projects in our City and others that he has done work in. Motion by Murzyn, seconded by Herringer, to table this matter until Home Detail Inc. fully completes all outstanding items in order to obtain a Certificate of Occupancy for 4631 Pierce Street. All ayes. MOTIOINPASSED. (Mr. Magdik arrived at 6:25 pm after this matter was decided. He claimed the site had been sodded in May. He was shown pictures to the contrary, and was told of the Boards decision). 37 EDA Minutes Page 9 Sept 6, 2016 4. First Amendment -ACCAP Purchase Agreement for City Acquisition of 4641 -43 Polk St.- Resolution 2016 -26 Dahl told members that on June 2015, the Columbia Heights Economic Development Authority (EDA) approved Resolution 2015 -11, a resolution approving the acquisition of the Anoka County Community Action Program (ACCAP) property located at 4641 Polk Street NE (Property) for up to $75,000. The EDA and ACCAP entered into a Purchase Agreement dated as of May 26, 2016 contingent on the Property being released from any Minnesota Housing Finance Agency (MHFA) or United States Department of Housing and Urban Development (HUD) obligations. The MHFA committee was presented with ACCAP's request for the Property to be released from financial obligations for initial approval on July 12, 2016 and final approval on July 19, 2016. At that time, the MHFA tabled the item until further documentation was submitted, such as appraisals, quotes for renovation and a fully executed Purchase Agreement by and between the EDA and ACCAP. On August 23, 2016, after the additional documentation was provided to the MHFA, the MHFA approved the request for partial release of collateral and an amendment of the tax credit extended use agreement for 4641 Polk Street NE, Columbia Heights releasing the Property from MHFA and HUD obligations. ACCAP is ready to move forward with the City's acquisition of the Property; however the deadline for the closing needs to be extended because of unanticipated delays with releasing the property from financial obligations. The closing for the sale of the Property is proposed to be amended to take place on or before October 31, 2016 instead of the initially scheduled closing date of on or before September 1, 2016. Staff recommends the approval of Resolution 2016 -26, a resolution approving the First Amendment of a Purchase Agreement that will extend the closing date of the Property to take place on or before October 31, 2016. A copy of the Agreement was enclosed in the agenda packets for the commission members to review. Questions /comments from members: Nawrocki asked if the plan was to tear the structure down. Dahl said that was the plan, but told members that Home Detail Inc. had approached staff and proposed buying the property from the City after we get title to it. He proposed paying the City $25,000 for the property and then he would convert it from a double home into a single family home. The commission members discussed the proposal and were not interested. They felt the lot was worth more than $25,000 and that a new home would be nicer than a conversion of the existing home. Members are aware they will take a loss on this, but were not willing to subsidize the builder to this extent. 38 EDA Minutes Page 10 Sept. 6, 2016 Motion by Williams, seconded by Szurek, to waive the reading of Resolution 2016 -26, there being ample copies available to the public. All ayes. MOTIONPASSED. Motion by Williams, seconded by Szurek, to adopt Resolution 2016 -26, a resolution approving a First Amendment of a Purchase Agreement between the Columbia Heights Economic Development Authority and Anoka County Community Action Program. All ayes. MOTION PASSED. COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY EDA RESOLUTION NO. 2016-26 RESOLUTION APPROVING A FIRST AMENDMENT OF A PURCHASE AGREEMENT BETWEEN THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY AND ANOKA COUNTY COMMUNITY ACTION PROGRAM, INC. BE IT RESOLVED BY the Board of Commissioners ('Board ") of the Columbia Heights Economic Development Authority (the "Authority ") as follows: Section 1. Recitals. 1.01. The Authority currently administers the Downtown CBD Redevelopment Project (the "Project ") within the City of Columbia Heights (the "City "), pursuant to Minnesota Statutes, Sections 469.090 to 469.1082, as amended. 1.02. The Authority and Anoka County Community Action Program, Inc. (the "Seller ") executed a Purchase Agreement, dated as of May 26, 2016 (the "Agreement "), providing for the conveyance by the Seller to the Authority of certain property within the Project and City legally described as follows: That part of Lot 23 lying north of the South 20 feet of the SD Lot 23 and Lot 24, Block 1, Sheffields 2 "a Subdivision, County of Anoka, State of Minnesota (the "Property "). 1.03. The parties have negotiated and propose to execute a First Amendment to the Agreement (the "First Amendment ") to extend the deadline for the conveyance of the Property. Section 2. First Amendment Approved. 2,01. The First Amendment 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 President and Executive Director, provided that execution of the First Amendment by such officials shall be conclusive evidence of approval. 2.02. The President and Executive Director are hereby authorized to execute on behalf of the Authority the First Amendment and any documents referenced therein requiring execution by the Authority, and to carry out, on behalf of the Authority, its obligations thereunder. 39 EDA Minutes Page 11 Sept 6, 2016 2.03. Authority staff and consultants are authorized to take any actions necessary to carry out the intent of this resolution. Approved by the Board of Commissioners of the Columbia Heights Economic Development Authority this 6th day of September, 2016. President ATTEST: Secretary The meeting was adjourned at 6:30 pm. Respectfully submitted, Shelley Hanson Secretary 40 OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS TRAFFIC COMMISSION MONDAY, AUGUST 1, 2016 CALL TO ORDER The meeting was called to order by Chairperson Ed Carlson at 5:30 p.m. ROLL CALL Members present: Commissioners Ed Carlson, Brian Clerkin, Kevin Doty, Nick Novitsky and Leonard Olson Staff Present: Kathy Young, Assistant City Engineer Lenny Austin, Police Captain Sue Schmidtbauer, Public Works Secretary Council Liaison: Donna Schmitt APPROVAL OF MINUTES Motion by Olson, seconded by Doty, to approve the minutes of February 1, 2016, as presented. Motion passed unanimously. OLD BUSINESS None OTHER OLD BUSINESS None NEW BUSINESS A. REQUEST FOR STOP SIGNS ATTHE INTERSECTION OF MADISON STREET AND 42ND AVENUE Ms. Nicole Miller has requested YIELD or STOP signs at the intersection of Madison Street and 42nd Avenue. Her concern is lack of traffic control and the number of accidents /near misses at this intersection. Visibility at the intersection is fair. There is a small hill in the southwest quadrant that partially blocks visibility for eastbound and northbound traffic. On Madison Street, traffic stops at 41St Avenue and 43rd Avenue. On 42nd Avenue, traffic stops at Jefferson Street and Quincy Street. The number of traffic accidents is approaching the MMUTCD guidelines of five crashes within a three -year period and three crashes within a two -year period. Residents present: Nicole Miller, 4244 Madison Street Ms. Miller states there are lots of young children in the area as well as a bus stop. Doty stated he was there in the afternoon and there were not many cars. Olson drove through on the way to the meeting. He does not see a problem with the intersection if you drive like you're supposed to -- slow down, look all directions, and drive at a reasonable speed. The intersection is clear in all 41 Traffic Commission Minutes — August 1, 2016 Page 2 directions. Ms. Miller agreed the intersection is clear but stated most people do not slow down and look in all directions. When they came to look at their home two years ago it was winter. She drove slowly through the intersection and almost got hit because she didn't know there wasn't a signal. She walks her dog and baby at least 2 -3 times a day and sees drivers that don't know they should slow down. She does not feel the intersection is safe for pedestrians, drivers, or kids getting off the bus. Clerkin stated he's been through that intersection many times and unfortunately many drivers don't seem to know how to follow the basic rules of etiquette when driving. Olson agreed. Normal drivers drive through the intersection carefully and observe all directions. Ms. Miller feels normal drivers do not slow down and look all directions. Olson stated any driver should slow down in that type of neighborhood, especially at an uncontrolled intersection. Ms. Miller disagrees. She feels normal drivers only slow down if there's signage telling them to slow down. Olson stated an uncontrolled intersection is something alerting drivers to slow down. Ms. Miller disagrees. She does not look east and west when going through an intersection; she looks forward and behind her and stops or slows down only if there is a yield or stop sign in front of her. She does not believe she should have to look all directions when coming to an intersection. She feels strongly about safe roads and feels there should be a signal so everyone is not slowing down to 10 mph to look in all directions. Carlson stated he goes through that intersection quite often and feels it is normal for driving. He does not see a reason for a stop sign. He also stated drivers should not trust any intersection; he slows down for all intersections, whether there's a stop sign, yield sign, or if it's uncontrolled. Ms. Miller questioned why we have uncontrolled intersections. Doty advised that if every corner had a stop sign, drivers would run them because eventually they get tired of stopping at each one. In the winter vehicles would also rear -end each other by trying to slow down to stop. Novitsky stated there are plenty of uncontrolled intersections around, not just in Columbia Heights. Ms. Miller is concerned about newcomers and visitors and the children near the intersection and at the bus stop. Carlson advised Ms. Miller she should look in all directions when driving through uncontrolled intersections. Novitsky stated drivers should know if there is an uncontrolled intersection by driving the speed limit and being aware. Ms. Miller questioned how to tell who's at fault if there is an accident. Captain Austin stated if two vehicles approach an intersection at the same time the vehicle on the left should yield to the vehicle on the right. If the police can make a determination from the impact, then they can say who's at fault. Unfortunately there will always be crashes, even with stop signs. Captain Austin also explained another reason for not putting up too many stop signs is to maintain traffic flow. Schmitt stated we've added stop and yield signs over the last few years in this area and it looks like the stop signs are working better at preventing accidents than the yield signs. She stated that when adding signage we may want to consider putting up a stop sign rather than a yield sign. Doty explained in most cases residents wanted a yield sign rather than a stop sign or the decision was based on the recommendation of the Traffic Commission. Schmitt stated there is no consistency with the signs and it may be upsetting going from signage to an intersection without signage. Carlson sees no benefit to a stop sign and feels it would make this intersection more dangerous. Motion by Carlson to deny the request for STOP signs at the intersection of Madison Street and 42 Traffic Commission Minutes — August 1, 2016 Page 3 42nd Avenue. Seconded by Doty. Carlson requested a roll call. All ayes. Motion passed unanimously. Carlson advised Ms. Miller that there is an appeal process. Schmitt also advised that there have been four accidents at this intersection and if there is another one it will meet the criteria for installing a stop sign. Not all accidents are reported so advised Ms. Miller to call 911 if she sees or hears an accident so it's on record. Ms. Miller asked if she could get a list of accidents at the intersection. Captain Austin advised a record of reported accidents is available. B. REQUEST FOR STOP SIGN AT THE INTERSECTION OF 7th STREET AND 43RD AVENUE Mr. William Obert has requested STOP signs at the intersection of 7th Street and 43rd Avenue. His concern is the number of near misses at this intersection due to limited visibility and the speed of traffic. The Traffic Commission reviewed this intersection in 2011. At that time, Commissioners did not approve YIELD signs. It was felt that the majority of the accidents were during the winter months (slippery conditions) or had extenuating circumstances. The intersection is at the top of a hill. Visibility is limited until near the intersection, and then it is good. Within the last three years there have been two accidents in 2014 and one accident so far in 2016. With all recent accidents, one vehicle was travelling northbound. A speed survey was done by the Police Department in 2015. The average speed on 7th Street for northbound traffic was 21 mph. Young noted she receives the most concerns /letters about this intersection. On 7th Street, traffic yields at 41St Avenue and stops at 44th Avenue. On 43rd Avenue, traffic stops at 5th Street and Jefferson Street. Olson can understand northbound traffic up to the crest of the hill being surprised, but if drivers use common sense and drive like they're supposed to it's easy to slow down. Novitsky feels there's proper visibility to establish if there's a stop sign. Doty questioned why one street is narrow and one is offset. He can see a problem there. Placing a stop sign would be tricky-- - putting it on top of the hill would cause drivers to run it in the winter. Clerkin feels there should be no problem with the intersection if you drive safely. If you live in Minnesota you need to learn how to drive in the winter. If you put a stop sign at the top of the hill vehicles will get stuck and /or slide down into the cars behind them. A stop sign will cause more problems. Captain Austin agreed; drivers are surprised when they drive through that intersection but there aren't a lot of options. Olson feels the intersection is treacherous enough that vehicles do slow down and look around. When asked where the most complaints come from, Young advised it is mostly from neighbors. Clerkin stated drivers education teaches the car on the left yields to the car on the right and to slow down at uncontrolled intersections. Schmitt agrees it's a bad corner but 43 Traffic Commission Minutes — August 1, 2016 Page 4 unsure what the commission can do. Motion by Olson to deny the request for a stop sign at the intersection of 7th Street and 43rd Avenue based on lack of accidents and that this intersection was reviewed by the Traffic Commission in 2011. It is a little surprising at first but vehicles need to slow down, a stop sign will not help. Seconded by Clerkin. Motion passed unanimously. OTHER NEW BUSINESS None REPORTS A. CITY ENGINEER An Open House was held for the rework of 37th Avenue from Central Avenue to Stinson Boulevard. A grant has been submitted for two -way traffic, one lane in each direction; bike lanes, and a sidewalk on each side of the street. Schmitt asked why we don't do something like Silver Lake Road where's there's controlled traffic at the corners and parking on the sides because there are so many homes on 37th Avenue. Young stated there's not a lot of discussion about losing parking on 37th Avenue because most residents don't park there. B. POLICE None C. COMMISSIONERS Doty inquired about putting up a seasonal "Turtle Crossing" sign from May to July on either 49th Avenue and /or Innsbruck Parkway to warn drivers about turtles crossing the road. The turtles leave Highland Lake to lay eggs from May to July and many of them get run over. He would like to see some type of signage. Other cities put up seasonal signs for this type of thing. He would like to send Young a picture of the "Duck Crossing" sign used by St. Anthony. Young stated she will discuss it with the Public Works Director but seasonal signs are somewhat difficult. We can look at it for next year. Olson brought up the left turn signal on eastbound 53rd onto Central Avenue. Young stated there is no change. She did bring some traffic counts as they had talked about changing the dedicated right turn lane to allow through traffic. However the traffic counts show there is very little through traffic but a lot of right turn traffic. ADJOURNMENT Motion by Carlson, seconded by Olson, to adjourn the meeting at 6:05 p.m. Motion passed unanimously. Respectfully submitted, Sue Schmidtbauer Public Works Secretary 44 COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES: MEETING MINUTES V Wednesday, September 7th, 2016 Approved 10/5/2016 The meeting was called to order by Chair Patricia Sowada at 6:32 p.m. Members present were: Barbara Tantanella, Steve Smith, Patricia Sowada, Nancy Hoium, Catherine Vesley, and Gary Peterson. Also present was Library Director Renee Dougherty and Recording Secretary Nick Olberding. • The Minutes of the July 13th, 2016 Board Meeting were approved. • The Bill List dated July 13, 2016 was reviewed. It was moved, seconded, and passed that the bills be paid. • The Bill List dated July 27, 2016 was reviewed. It was moved, seconded, and passed that the bills be paid. • The Bill List dated August 10, 2016 was reviewed. It was moved, seconded, and passed that the bills be paid. • The Bill List dated August 24, 2016 was reviewed. It was moved, seconded, and passed that the bills be paid. • The Accounting Sheet as of August 2016 was reviewed, and approved. o Discussion on what the quarterly ILS fees cover (approximately $3000 /quarter). The conclusion was that it was a fair price for a material delivery, our percentage of the ILS transactions, and to be integrated into their systems. Old Business: • Construction and Maintenance o The dent in the Children's Area ceiling has been fixed. o Doors have been adjusted for the building pressure. • Donor wall to be completed soon. • Info on the new library has been submitted to Library Journal for publishing in their yearly New Construction section. o Discussion about contacting MNdot again about getting library signs on Hwy 65. o Discussion about the high cost of electricity for the previous two months, and that the construction should be partially liable, as they did not do an optimal job programming the HVAC. For a month the Community Room was set to around 50 degrees, and even caused condensation to form on the lobby floor. Contributed to the $4500 energy cost for the month of July. Steve has expertise in this field and Gary was going to look into the issue. • AMH o The Automated Materials Handler (and outdoor book drop) installation started today. It will continue into tomorrow, and then training will either be tomorrow or Friday. New Business: • E -Book Platforms o Overdrive is being phased out and cancelled in mid - October, and we will be going solely with Biblioteca Cloud Library (formerly 3M). We have had both platforms up till now, but there has been overlap of material, and have wasted money on duplication of content on both platforms. 0 87% of content should be transitioned over by October 17th, and the following 12% by the end of the year; leaving 1% that will not transition. o Amazon Kindle (other than newer Kindle Fire) will not be supported by Cloud Library (that is a decision 45 by Amazon); according to ACL statistics, it will only affect 200 users. o With the Cloud Library, we will also be included in the Consortial E- Library financed by MELSA. Summer Reading Program o The Board was impressed by the participation from Columbia Academy and Highland Elementary (which accounted for almost half of the total). o A little disappointed in the teen participation, but it is a trend across the country that teen participation in these programs declines with age. o Good turnout with teen volunteers, who helped with the Reading Program over the summer (with sign - ups, prize entries, and generally keeping the participants engaged). • Staff Headcount • Over the last month, and the month to come, we will be losing five part -time Pages to school, other jobs, and re- location. • We would like to hire more, but an increase in the base wage for the position may be needed to raise interestin the position and longevity of employment. • HR is doing market analysis to find the appropriate pay, and will need to figure out a balance of pay vs. headcount in order to stay under the upcoming budget and provide ample capacity. • Here at Columbia Heights the scale for Pages is $10.21 - $12.01 (it was noted that Ramsey County's pay scale is $12 -$18 for this position). Items from the Floor: • Youth Read -Down • Request to authorize Youth Read Down for 2017 (months of January, June, July, and October) • Young Adults and Children are able to devote time to read within the library building (during these months) in return for waiving library fines. Reading for fifteen minutes earns $1 off of fines. • Only non - taxable fines eligible (eg. late fees) • Cannot build a credit on their account, or use to pay off other people's fines • Approved • American Flag for the Community Room. We will be bringing the flag and stand over from the old library. Spaghetti Dinner o Will be held next Wednesday from 4:30 -7pm at Murzyn Hall. o Tickets will only be sold at the door. There being no further business, the meeting was adjourned at 7:25 p.m. by Patricia Sowada, and seconded. Respectfully submitted, 4 Nicholas P. Olberding Recording Secretary, Library Board of Trustees 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. 46 CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT AGENDA ITEM NO. 7C MEETING DATE OCT 10, 2016 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM- LICENSE AGENDA DEPARTMENT: Community Development CITY MANAGER'S APPROVAL: BY /Date: Oct 5, 2016 BY /Date: tg71 I BACKGROUND /ANALYSIS Attached is the business license agenda for the October 10, 2016 Council meeting. This agenda consists of applications for 2016 Contractor Licenses. At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for October 10, 2016 as presented. 47 Documentl City of Columbia Heights - Council Letter TO CITY COUNCIL October 10, 2016 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES -2016 BLDG *A.L. Shermer Const *Stewart Plumbing Inc *Glowing Hearth & Home *Kraft Mechanical *C & C HVAC Inc *Patton Heating *Industrial Utilities *Trinity Landscaping *Pella Northland *Superior Htg & AC 13451 Balsam Lane N, Dayton $60 13025 George Weber Dr, Rogers $60 100 Eldorado Dr, Jordan $60 2441 Ventura Dr #100, Woodbury $60 16730242 d Ave NW, Big Lake $60 589 Swan Lake Ln NW, Cedar $60 15857 Forest Blvd N, Hugo $60 11988 300' St, Clear Lake $60 15300 25th Ave N, Plymouth $60 3731 Thurston Ave NW, Anoka $60 48 Page 2 F- 2 w 2 Q m J O LL O F- 5 F— z LLI IY- a d W r) w U z z I W N H o H w z Mw W W O V V Q O z � W H H U � W Q � U Qzz w w O O N O r N O U O LL O 0 Z F— W W 75 J_ U z O U U) F- 2 O F- 0 _ Y Q Lu O m Z z :E Z Q Z) 2i LL O LL O U O LL LLJ Z O Q D >- H O cn U U Y U � O O U � � N C N O OU U N L m Q C m E •� E U c6 O � c H w r > g m N (a Z) � J O � U 0 0 U- C) O } U ~ m U � o 0 M N 00 c O ca ca � CY) O N O N � � U O f6 (Q a) (n O O E -0 f6 O O - o � c c c O ti ca c a) co CD cu E X O 0) a) v o � 0 0 v > m 0 0 N O Y .: o aci L U E E a� a) a o = E m O L m v 0 LO E a H a k Pa o a �C U r U? 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Located at 666 40th Avenue DEPARTMENT: Community Development CITY MANAGER'S APPROVAL:'+ 1M BY /DATE: Keith M Dahl, October 4, 2016 BY /DATE: VD) -I ( l\, BACKGROUND: In June, 2016, the City of Columbia Heights formally accepted the donation of the property located at 666 40th Avenue NE (Subject Property). Previously, the City determined to demolish the vacant, obsolete commercial structure, which poses a safety risk to residents in the surrounding neighborhood. After demolition, staff has proposed to convert the property into an extension of Huset Park by constructing a bituminous trail that connects to the rest of the trail system throughout the park. Staff authorized a pre - demolition survey to be conducted on the property to identify all suspect materials considered hazardous before demolition and to verify the extent of remediation, if any, on the property. The pre - demolition survey confirmed a high contamination level of asbestos, lead and other various hazardous materials in the structure. Since contamination was verified to be present in the structure, abatement is required to occur prior to the commencement of any demolition activities. Thus, a Minnesota licensed abatement contractor is required by state law for the removal and the proper disposal of all hazardous materials. Staff prepared a Request for Quotes (RFQ) for the abatement of hazardous materials and demolition of the commercial structure located on the Subject Property. RFQs containing scope of work and specifications were sent out to ten (10) qualified demolition contractors, as well as abatement contractors. Only two (2) demolition contractors submitted bids for the abatement and demolition of the Subject Property. The quotes are as follows: Demolition Contractors Kevitt Excavating LLC Veit & Company, Inc. Demolition Quote $ 36,262.50 $ 27,260.00 Abatement Quote $ 9,936.00 $ 9,240.00 Total Quote $ 46,198.50 $ 36,500.00 Staff has analyzed both quotes submitted against the services requested in the RFQ and concludes that the low qualified bid from Veit & Company, Inc. in the amount of $36,500 is a comprehensive bid for the services requested by the City. If approved, the abatement of the hazardous materials and demolition would commence after the contract is executed by both parties, the Minnesota Department of Health receives a 5- day notification, and the Minnesota Pollution Control Agency receives a 10 -day mandatory notification. The estimated start date would be around October 24, 2016. In any event, the commercial structure will be demolished in 2016. City of Columbia Heights - City Council Letter 56 City of Columbia Heights - Council Letter STAFF RECOMMENDATION: Staff recommends the approval of Resolution 2016 -89, a resolution authorizing execution of a Work Agreement for the abatement of asbestos, lead and hazardous materials and building demolition for the property located at 666 40th Avenue NE. Page 2 RECOMMENDED MOTION(S): Motion: Move to waive the reading of Resolution 2016 -89, there being ample copies available to the public. Motion: Move to approve resolution 2016 -89, being a resolution authorizing execution of a Work Agreement for the abatement and demolition of the commercial structure by and between Veit & Company, Inc. ATTACHMENTS: 1. Resolution 2016 -89 2. Work Agreement (7 Pages) 57 RESOLUTION NO. 2016 -89 RESOLUTION AUTHORIZING EXECUTION OF A WORK AGREEMENT FOR THE ABATEMENT AND DEMOLITION OF THE COMMERCIAL STRUCTURE BY AND BETWEEN VEIT & COMPANY, INC. BE IT RESOLVED BY the City Council (Council) for the City of Columbia Heights, Minnesota (City) as follows: WHEREAS, On June 8, 2016 the City was donated the real property located at 666 40th Avenue Northeast, in the City of Columbia Heights, County of Anoka, State of Minnesota (Subject Property), which is legally described as follows: Lots 45 and 46, Block 65, Columbia Heights Annex to Minneapolis, County of Anoka, State of Minnesota, according to the recorded plat thereof; and WHEREAS, the City intends to demolish the structure located on the Subject Property, which was classified to be hazardous and substandard pursuant to Minnesota Statues Sections 463.15 to 463.26; and WHEREAS, the City has determined that the removal of the structure on the Subject Property as described in this resolution is in the best interest of the City and its residents; and WHEREAS, pursuant to Minnesota State Statue Section 471.345 Uniform Municipal Contracting Law, the City solicited sealed bids to numerous contractors for quotes related to the abatement and demolition of the structure on the Subject Property as detailed in the Scope of Work and Specifications (Services); and WHEREAS, Veit & Company, Inc. submitted the lowest responsible bid for the specific Services requested by the City. NOW, THEREFORE BE IT RESOLVED by the City Council that the Work Agreement is awarded to Veit & Company, Inc. in the amount not to exceed $36,500.00 and that the Mayor and City Manager are herewith authorized to execute said Work Agreement. BE IT FURTHER RESOLVED this resolution shall be effective immediately upon its enactment by the City Council. Passed this day of 2016 Offered by: Seconded by: Roll Call: Gary L. Peterson, President Attest: Katie Bruno, Council Secretary /City Clerk Resolution 2016 -89 58 Contract # CITY OF COLUMBIA HEIGHTS WORK AGREEMENT This Agreement is made this day of , by and between the City of Columbia Heights ( "the City ") and (the "Contractor ") for abatement of hazardous materials and building demolition of the commercial property located at 666 40th Avenue NE, Columbia Heights, MN 55421 as detailed in the RFQ, Request For Quotes. WITNESSETH: WHEREAS, the City desires to have performed or constructed the services or facilities described in the Contract Documents (the "work "); WHEREAS, Contractor represents that it has the necessary personnel, experience, competence, and legal right to perform the Work; WHEREAS, the City has adopted a motion authorizing the City Staff to enter into a contract for the completion of the Work specified herein. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: 1. WORK TO BE COMPLETED ... The Work shall be performed in strict accordance with the Contract Documents. The Contractor shall carefully review all of the Contract Documents before performing the Work and shall promptly call to the attention of the City any discrepancy or inconsistency which may exist between any two or more documents or between any parts of the same document. The City shall have discretion as to how to address any such discrepancy or inconsistency and shall modify, interpret, or adjust the Contract Documents accordingly as the case may be. Seeding of the site per specifications outlined in "Standard Specifications for Removals, Excavations, and Restorations" required by June 15, 2017, a 10% retainer will be held until proper seeding is completed. If the specifications are not met by September 15, 2017 or grass is not established in a timely manner the City will use the 10% retainer to seed the lot. 2. CONTRACT DOCUMENTS ... The Contract Documents shall consist of this Work Agreement and the Scope of Work & Specifications prepared by the City, and signed by you, in connection with the Work (where specified), the Standard and Specifications for Removals, Excavation, and Restoration, all Amendment Request Certificates approved by the City, all Change Orders issued by the City, the Notice to Proceed, the Completion Certificate, and written interpretations of the Contract Documents issued by the City. The Contract Documents shall, insofar as is possible, be interpreted to be consistent with one another. Any inconsistencies shall be addressed pursuant of section 1 of this Agreement. 3. PERMITS AND REGULATIONS ... Prior to commencing the Work, the Contractor shall secure all necessary building permits and licenses as may be required, and before and during the progress of the Work, give all notices and comply with all the laws, ordinances, rules, and regulations of every kind and nature now or hereafter in effect that are promulgated by any federal, state, county, or other governmental authority, relating to the performance of the Work. If the Contractor's performance is contrary to any such law, ordinance, rule, or regulation, it shall bear all costs arising there from. Contractor specifically agrees to abide by and observe all standards and regulations of the Occupational Safety and Health Administration, which are applicable to the Work. 4. PROSECUTION OF THE WORK ... The Contractor shall at all times prosecute the Work diligently so as to insure its completion in full accordance with the Contract Documents and shall at all times furnish sufficient numbers and amounts of properly skilled Workers, acceptable materials and equipment, adequate services, 59 construction tools, and equipment. The Work shall be performed in a good and Workmanlike manner. Contractor shall keep the Work site clean and orderly during the course of the Work and remove all debris at the completion of the Work. If the Contractor is negligent in these areas, the City reserves the right to perform this work with its own forces at overtime rates. The costs of such work shall be charged to the Contractor. The Contractor will adequately protect the Work from damage, will protect the property from injury or loss, and will take all necessary precautions during the progress of the Work to protect all persons and the property of others from injury or damage. The Contractor will assume full responsibility for all its tools and equipment and all materials to be used in connection with the Work. Materials and equipment that have been removed and replaced, as part of the Work shall belong to the Contractor unless agreed otherwise. 5. COMMENCEMENT AND COMPLETION OF WORK; LIQUIDATED DAMAGES ... The Work must not start until after October 10, 2016 and all contracts have been signed and must be satisfactorily completed in the opinion of the City by 2016. If the Contractor is unable to commence the Work by the specified date, it must promptly notify the City. In the event the Work is not completed by the specified date, the Contractor and its sureties shall be assessed liquidated damages of one percent (1 %) of the total Contract Price or fifty dollars ($50.00), whichever is greater, per day for each calendar day of delay excluding Saturday, Sunday, and legal holidays. This sum shall be deducted from the Contract Price at the time of payment. This provision for liquidated damages represents the best estimate by the City and the Contractor of loss suffered by the City due to failure to complete the Work on time, and shall not be, or is deemed to be, a penalty or forfeiture. This provision for liquidated damages is in addition to any and all other rights and remedies to which the City may be entitled at law or in equity in connection with this Agreement. 6. EXCUSABLE DELAYS ... The following circumstances, and only these circumstances, will, at the City's discretion, be considered legitimate cause for a change in the commencement and /or completion dates specified in paragraph 5 of this Agreement: a. Material delay -- material delays that are beyond the control of the Contractor, which can be shown to have directly caused the overall late completion. b. Adverse weather conditions -- weather conditions that directly affect the scheduling of exterior work over a significant portion of the term of this Agreement. C. Strikes -- Contractors who face union work stoppage in the case where they have to rely on such a work force in order to complete the Work. d. Amendments -- significant amendments in the original scope of work, which can be reasonably shown to require an extension of the time, allowed for completion. e. Emergencies -- accidents, death or illness in the immediate family of the Contractor, which necessitates a significant leave of absence from the job. f Proven lack of cooperation from persons in possession of the property resulting in significant delays. g. Proven lack of cooperation from the Contractor's agents resulting in significant delays. 7. AMENDMENT REQUEST CERTIFICATE ... Changes in the scope, specifications, or cost of the Work that are proposed by the Contractor subsequent to the execution of this Agreement shall be considered Amendments. No such Amendments shall be made without prior written approval by the City. Any Amendment proposed by the Contractor shall be submitted via an Amendment Request Certificate. The Amendment Request Certificate must: (a) be signed and dated by the Contractor; (b) specify how the Work is to be amended and the cost for such Amendments; and (c) specify the reason for any cost increase /decrease resulting from the Amendment(s). The City will approve or disapprove the Amendment Request Certificate after appropriate review and property 60 inspection. If approved, a copy of the signed Amendment Request Certificate will be forwarded to the Contractor. Upon receipt by the Contractor of the approved Amendment Request Certificate, the approved Amendment(s) may be implemented. All Amendments made before receipt of an approved Amendment Request Certificate will not be compensable by the City. No such Amendment Request Certificate shall be deemed to constitute a waiver of any remaining covenant, agreement, term, or condition contained in the Contract Documents. 8. CHANGE ORDER ... The City shall have the right, within the general scope of the Work and without notice to any surety or sureties of the Contractor, to make changes in the Work, either by altering the nature of the same or by adding to or deducting from it. All changes shall, except in the case of emergencies endangering the safety of persons or property be made by written Change Order. The Contractor shall promptly comply with any and all written Change Orders. No such Change Order shall be deemed to invalidate the remaining terms and conditions contained in the Contract Documents. 9. GENERAL GUARANTY ... The Contractor hereby guarantees to the City that all of the Work shall be done in competent, workman -like manner and that such Work shall be and remain free of defects in workmanship and materials for a period of one (1) year from the date that the City executes the Completion Certificate pursuant to section 17 of this Agreement. The Contractor warrants that all materials and equipment furnished in connection with the Work will be new, unless otherwise specified, and be of good quality and free from faults and defects. The Contractor shall assign to the City (if assignable) or enforce for the benefit of the City (if not assignable) any guarantees provided by manufacturers or sellers of machinery materials or equipment that are to be incorporated into the Work. The City's acceptance of the Work shall not be deemed to be a waiver of any of the City's rights under this section. 10. WAIVER OF LIABILITY ... It is agreed that the Work is undertaken at the sole risk of the Contractor. The Contractor does expressly forever release the City of Columbia Heights from any claims, demands, injuries, damage actions, or causes of action whatsoever, arising out of or connected with the Work. 11. INDEMNIFICATION ... Any and all claims that arise or may arise as a consequence of any act or omission on the part of the Contractor, its agents, servants, or employees while engaged in the performance of the Work shall in no way be the obligation or responsibility of the City of Columbia Heights. The Contractor shall indemnify, hold harmless, and defend the City of Columbia Heights, council members, officers, employees, successors, and assigns against any and all liability, loss, cost, damages, expenses, claims, or actions, including attorney's fees which the City of Columbia Heights, council members, officers, or employees may hereinafter incur or be required to pay on account of injury to or death of any person or persons or damage to any property arising out of or by reason of any act or omission of the Contractor, its agents, servants, or employees in the execution, performance, or failure to adequately perform its obligations under this Agreement, whatever the cause of such injuries or damage. 12. INSURANCE ... The Contractor agrees that in order to protect itself, the City of Columbia Heights under the indemnity provisions set forth in section 11 of this Agreement, it will at all times during the term of this Agreement, maintain, at a minimum, the following insurance policies: Workers Compensation Insurance. The Contractor shall maintain worker's compensation insurance in compliance with all applicable statutes including Chapter 176 of the Minnesota Statutes. Such policy shall include Employer's Liability Coverage and at least such amount(s) as are customarily provided in worker's compensation policies issued in Minnesota. Contractor further agrees to require all subcontractors and independent contractors to maintain worker's compensation insurance in compliance with all applicable statutes and to monitor the compliance of such subcontractors and independent contractors with the applicable statutes. 61 b. Commercial General Liability Insurance. The Contractor shall maintain Occurrence Based Commercial General Liability Insurance ( "CGL "), providing coverage on an "occurrence ", rather than on a "claims made" basis, which policy shall include coverage for the Completed Operations Hazard, and which shall also include a Broad Form General Liability Endorsement, ISO number GL 0404, or an equivalent form (or forms), so long as such an equivalent form (or forms) affords coverage which is in all material respects at least as broad. Any equivalent form (or forms) of coverage, shall be approved by the EDA. The Contractor agrees to maintain total liability policy limits of at least One Million Dollars ($1,000,000), applying to liability for Bodily Injury, Personal Injury, and Property Damage, which total limits may be satisfied by the limits afforded under its Occurrence Based CGL policy as specified above, or by such policy in combination with the limits afforded by an Umbrella Liability Policy (or policies) provided, however, that the coverage afforded under any such Umbrella Liability Policy shall be at least as broad as that afforded by the underlying occurrence based CGL Policy as specified above. C. Automobile Liability Insurance. The Contractor shall maintain automobile liability insurance covering liability for Bodily Injury and Property Damage arising out of the ownership, use, maintenance, or operation of all owned, non - owned, and hired automobiles and other motor vehicles. Such policy shall provide total liability limits for combined Bodily Injury and /or Property Damage in the amount of at least One Million Dollars ($1,000,000) per accident, which total limits may be satisfied by the limits afforded under such policy, or by such policy in combination with the limits afforded by an Umbrella Liability Policy (or policies) provided, however, that the coverage afforded under any such Umbrella Liability Policy shall be at least as broad as that afforded by the underlying automobile liability insurance policy. The City of Columbia Heights shall be named as "additional insured" parties with respect to the insurance policies specified in (b) and (c) above. The Contractor shall not commence work until a Certificate of Insurance evidencing all of the insurance policies required above is approved and a written Notice to Proceed is issued by an authorized, representative of the City. The City shall, at any time during the term of this agreement, have the right to require that the Contractor secure any additional insurance, or additional feature to existing insurance, as the City may reasonably require for the protection of its interests or those of the public. It is expressly understood that the City does not in any way represent that the minimum insurance coverage set forth in this section is sufficient or adequate to protect the interest or liabilities of the Contractor. 13. LIEN WAIVER ... Neither the Contractor nor any subcontractor or other person or entity furnishing labor, equipment, or materials in connection with the Work shall file any mechanic's lien against the City's buildings, structures or land or any part thereof. The Contractor shall protect, defend, indemnify, and hold harmless the City of Columbia Heights from any and all claims, demands, or actions of whatever nature arising out of work, labor, equipment, or materials furnished by the Contractor or its subcontractors in connection with the Work. Payment of the Contract Price shall not be due until the Contractor has delivered to the City lien waivers acceptable to the City, which release the City from all liens that may arise in connection with the Work. The Contractor shall list below the names of all suppliers and /or subcontractors that will provide materials, services, or labor in connection with the Work. The Contractor will notify the City of any changes in this list prior to the commencement of the Work. 62 14. CONTRACT PRICE ... The Contractor agrees to furnish all work, labor, materials, and equipment necessary to complete the Work as set forth in the Contract Documents for the sum of (the "Contract Price "), to be paid by the City in accordance with the terns and conditions of this Agreement and the Scope of Work and Specifications. The Contract Price shall constitute the sole compensation payable to the Contractor for its performance of the Work or anything done in connection therewith including expenditures by the Contractor for all taxes, permits, licenses, and bonds required to perform the Work. The Contractor shall indemnify and save the City harmless from and against any liability for any such taxes, fees, premiums, contributions, etc. that the Contractor incurs in connection with the Work. 15. EXAMINATION OF WORK SITE... Contractor agrees that the Contract Price specified in section 14 of this Agreement is based upon Contractors examination of the work site and that it will make no claim for additional compensation or the extension of time for performance if the conditions encountered differ from those anticipated by such examination, unless such a claim is based upon conditions at the work site, or omissions, ambiguities, or conflicts in the Contract Documents, which Contractor can show could not have been discovered in the exercise of reasonable care prior to the submission of the Contract Price. 16. PAYMENT OF CONTRACT PRICE ... The Contractor agrees to provide the City with the following documentation as a condition to receiving payment of the Contract Price: (a) an itemized bill for the completed Work; (b) all lien waivers as required by section 14 of this Agreement (c) and receipts from demolition disposal and asbestos disposal. The City may withhold payment of the Contract Price to the Contractor to such extent as may be necessary to protect the City from loss on account of. (a) defective work not remedied; (b) claims or actions filed or evidence reasonably indicating the probable filing of the same against the City with respect to the Work performed; (c) the failure of the Contractor to make payments properly to subcontractors and /or suppliers for equipment, material, or labor, or to provide evidence that such payments have been made; (d) any cost for which the Contractor is liable under the Contract Documents; or (e) a breach by Contractor of any term, condition, or provision contained in the Contract Documents. 17. EQUAL EMPLOYMENT OPPORTUNITY ... The Contractor shall not discriminate against any employee or applicant for employment on the basis of age, race, color, religion, sex, or national origin. The Contractor shall comply with all applicable laws, Executive Orders, and regulations concerning non - discrimination in employment, including the Equal Opportunity Clause of Section 202, Executive Order 11246, as amended, which is hereby incorporated by reference. 18. INDEPENDENT CONTRACTOR STATUS ... Contractor is and shall remain an independent contractor in the perfornance of the Work, maintaining complete control of its workers and operations. Neither Contractor nor anyone employed or engaged by Contractor shall become an agent, representative, servant, or employee of the City in the performance of the Work or any part thereof. 19. CONTRACT REPRESENTATIVES; ADDRESSES ... The City's representative with respect to this Agreement shall be Keith Dahl, Economic Development Manager, for the City of Columbia Heights. The Contractor's representative with respect to this Agreement shall be . All notices, requests, and instructions, or other communications given or received by either party under the terms of this Agreement shall, unless otherwise specifically provided herein, be made in writing signed by the designated representative of the party making such communication and be delivered or addressed to the designated representative of the other party at the following address: CITY ADDRESS: City of Columbia Heights Attn: Keith Dahl 590 40th Avenue Northeast 63 Columbia Heights, MN 55421 CONTRACTOR ADDRESS: 20. SUBCONTRACTORS ... Contractor agrees to bind every subcontractor by the terms, conditions, and provisions set forth in the Contract Documents that are applicable to the subcontractor's work, unless otherwise specifically agreed otherwise in writing by the City. 21. ASSIGNMENT ... This Agreement shall be binding upon and in order to the benefit of the Contractor, its legal representatives, heirs, successors, and assigns. No assignment or attempted assignment of this Agreement or any rights hereunder shall be effective unless the written consent of the City is first obtained. No such assignment, even if consented to by the City, shall relieve the Contractor from liability under this Agreement for the performance and completion of the Work in accordance with the Contract Documents. 22. ENTIRE AGREEMENT ... The Contract Documents contain all the terms, conditions, and provisions pertaining to the Work to be completed by the Contractor, there being no other understandings, agreements, or warranties, express or implied. All prior negotiations and dealings regarding the subject matter of the Contract Documents are superseded by and merged into the Contract Documents. 23. APPLICABLE LAW ... This Agreement shall be construed in accordance with and governed by the laws of the state of Minnesota. 24. AMENDMENT ... This Agreement may be modified or amended only with the written approval of the City and the Contractor. 25. CONSTRUCTION ... In the event that any one or more of the provisions of this Agreement, or any application thereof, shall be found to be invalid, illegal, or otherwise unenforceable, the validity, legality, and enforceability of the remaining provisions or any application thereof shall not in any way be affected or impaired thereby. 26. AUTHORITY ... Each of the undersigned parties warrants that it has the full authority to execute this Agreement, and each individual signing this Agreement on behalf of a corporation hereby warrants that he or she has full authority to sign on behalf of the corporation and that he or she represents and binds such corporation thereby. 27. WAIVER ... No failure by the City to insist upon the strict performance of any covenant, duty, agreement, or condition contained in this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach or any other covenant, agreement, term, or condition, nor does it imply that such covenant, agreement, term, or condition may be waived again. 28. NOTICE TO PROCEED... The Contractor shall not proceed with work until the City issues a notice to proceed which evidences the securing of necessary permits, insurances and any other requirements of the contract documents. 64 29. COMPLETION CERTIFICATE... The Contractor shall receive a completion certificate upon satisfactorily completing the work outlined in the contract documents. IN WITNESS WHEREOF, the parties have set their hands this _ day of 2016. CITY OF COLUMBIA HEIGHTS It's Mayor -Gary L. Peterson It's City Manager- Walter R. Fehst CONTRACTOR Its: 65