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?
H
N k
rQ N
% O
k
H O
a o
-k
u
0 0
+
U >
n
wma
*
C�
0 0 0
x +
-,i 0
� "r
-K
a
0 (n
+ -k
Faa
H (D 0
-k -K
H
U
+ -K
rn
W 0
* *
a
* *
z
r)
x i< + Y
H
U
+
U)
ro co
*
a
N
si si sa sa s4
u si N N sl u si N
co
+ x «
C .0 C
,C .0 C C .0 .0 .0 ,C
H
r
0000
u
zz
0>4
u
* t
z
x
0
r
D
o
4J
zzzz«
o
U1
k
U
x
zzzz*
4c 4
U
-K FC Ft FC
N
N
N
* t
\
+) v
C
«
o
C o
U
W W W W
H
\
u
i k
0
a)
a s
li ro
+J ro
« *
C 0
0
*
C
G,
tT
n
•H H
W,H
*
W
. . . . . . . .
0 r
040
El ..
-Y
.,�
N
. . . . . .
-1
0
C/) cli
r
H
+J 11
U
>1 (I
*
C
ro 10
U)
* i;
O
4J
q H
. . , . . .
O
t
.11
?)
+-)
!i
N W
0
a H
+)
0
C
(v v
a
•H o
Q',
+
0
04
�5
. N Si S4 F4
'0 4) (D
\ H
J-) N z
H
+
N
a)
•• 0
. N 4-) +J (D
N (0 +)
04 N
U C z
u�o
a
(� u
a v C a
0 •q ro
x u
arc
:z
K
z0
+-) 0Ww
q
wx
urow
f.� 0
r
U)
-1
0<
ro u 7�
4) ro
w
4J
z N
-k i<
ro
H
q r rl z
JJ • N U) S4 (D
N
U)
H\
-K +
+)
C
U) u3
N ro (O
U )a U ro N U) N
-0 N
C b'
[v 0
-k
$a
O
D
x U C C x
N 0 -ri �c ro N
C +)
H
o
x -k
0
-ri
a '0
U H N k U
-n '0 0 U x U N ro
H ro
0
co \
4: +
Q,
-)
u C
N C C� 0
0 C 9 N C C �H v
O Q)
C h
U o
N
Q
z 7
.0 0 0 0 .0
H N C C ro 0 0 ,-i
C �4
C
<H
* * * + * i<
a
O
HW
U(.7�DhU
W'JH W M>OU
HU
a
U) H
E
x
H
H
W
x
w
H
wa
Q N
ao
O -
U oD
O
G4
O I
a
?+ o
E a'
H N
ua
CD
z
E
N a' a m 0 0 H co M O w 0 W w r N H o M m O N Q' M H h O O U7 0 d' 0 l0 0 d' H f- 0 0) M 0. I- 0 0 H U) O
H
,7,
h 0) 0) I- O IT N M H m 0D (n IT w IT N d' O w 0) O N O M h N
E
Q
. . . . . . . . . . . . . . . . .
. � . . . . .
U)
O
O r� l0 H (N to 'd' W o 0) R' Q' CU H N M U) O 110 V' 0) w h IT M w w N M N H O H O M N 0) H (Y) O W I- U1 U) d' Q' r
H
G1 l0 if) H (11 O d' 0) M O I` H d' N N U7 w I` l0 0) l0 0) f- H U) IT (N �0 Gh 0) O N C I- I` N M r I` ^) H 0) H un H (-
a
OJ H M H N O U) H a' M w (') M N M m N M M M U) N U7 Lr) O m O O H r H O N 0) M Q' M
as
z z W W U
O. H ( . H N M H . 1 . 1 . H . (, . . . . . M N N
it H
N a' H M H N N
0 U
H
+� z
� D
> < x< 0 H
U)U)D zz a4V)20E H`4 C4
•H O
x U
WW(7:U) QU)EE Z
U W 4 M U H 0 2 Dx 11 U
W
a - U) (f) a
E
zEC4ZZ H 0Wwa xa
UH
<
l0 O �v l0 W w w l0 l0 lD l0 o w w o 10 W l0 l0 w l0 w w w lD lD w lD 0 l0 l0 lD w l0 l0 l0 l0 W Wl0 w l0 l0 l0 �D w
N O
Q
H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H
.� N
U) a, U) W >+ 0 Z W FC
P+ C4 H U` a H x R, U) FC
H g U U H a H H "l f�
O
U
N N N N N N N N N N N N N N N N N N N N N N N CJ N N N N N N N N N N N N N N (N N N N N (N N N N
x OW ZUUHz ZWU)
WW S: H <NWHP4W
MUO4Fq za Z0WE M W
\
x
Q) 0) (3) U G) �. 0) G) 0) 0) 0) 0) 0) (5) 0) m m 0) 0) 0) m m m m 0) m 0) m m 0) m m 0) m 0) Ol
O
U
00000000000000000000000000000000000000000000000
H
r� W v)W Ea W(x W HQ
ww0Zw E'iCOa,ZH
a' N W C- w m O H N M V' 0 W I- W 0) O H CJ M v N w I- co 0) 0 H N M [h U) l0 I` 00 0) O H N M v' to 0 I` x m O
T cv v v v U7 N N to U) U7 U) to u) U) l0 t0 w W W '9 �D ID t0 W I- f^ r r r P- I- f- C` I W co co W co OJ O7 co c ;) 0)
[0 C4 H a H mc4azx
U
O O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o o o o o o 0 o 0 o o o 0 o 0 0 0 0 0 0 o 0 0 o o 0 o
W
M M NI M M M M M (I") M M M M M M M M M M M M (M M M M M M M M M M M() (M M M M M M M M M M M M(. M
�WUWa<O Q
x
'.D lD l0 o lD lD l0 W l0 lG lD l0 C. l0 '.J lD 1^ 0 l0 l0 w l0 l0 l0 w l0 l0 l9 o l0 l0 lD Qc lD w l0 w lD w lD �D �D 1D w l0 lC. lD
U
H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H
s
u z z
wkz� a O
w a z . H Q w
H O
0.lZ
UUU U) E 0 P U I
Q U
(4 W () E
z z W W U
H H F z a I U W z
cr,W Wz IZ z
> < x< 0 H
U)U)D zz a4V)20E H`4 C4
>EH0 >+O U
WW(7:U) QU)EE Z
U W 4 M U H 0 2 Dx 11 U
a - U) (f) a
0 W U I a U) Q
zEC4ZZ H 0Wwa xa
�(D z zUCLE a
< 2w Q< W U
H 9 0 H H M P U U 0 H Q
U) a, U) W >+ 0 Z W FC
P+ C4 H U` a H x R, U) FC
H g U U H a H H "l f�
x OW ZUUHz ZWU)
WW S: H <NWHP4W
MUO4Fq za Z0WE M W
z W zxHZ U)0ZD
>> O HaQU
a0f rl<W H0 HzGr4M •X Ez x
r� W v)W Ea W(x W HQ
ww0Zw E'iCOa,ZH
WU)EzUzm H 0 H QaU7x x
[0 C4 H a H mc4azx
M M W a4ZU) P,0>
x(n 0 H 4 UM s 00 1>1HM
�WUWa<O Q
✓WZHC4
W< HSHWHZWW c40wQ<14 >
H0.1UU)aN[�x
�
W U UOO
H
n[xQQExF.4
(x aa4,HHZ M044
Z�WWQW WWHOM Q
z n
Z
FCFCcx WFC awZ2> >+xwHxx
a>104 U W Z
\W 0 U)W U\E Eazwu4w E
WH
x
D
W �r.�UH W Wry 0 0 U
0EEZ 00: WU)(xa Qaza
U) U) w U)C)FC>i OH \Q, Q>1 U)
U)N
Q
U
E�xr�HHA4XHWa�Zw>1F
F ZHH2H XUx4<UaWi7U]xacn00WWOHzFC90<
$
>+N
z
U
(x 0 > Gu 4 WHCLa4ZD
W W 2 DNZFCZ££aU
Z£a(x(Z W xQZ X2:00ZQQ
U'S ••
W
F.
O UQ444XC(+(ZU)W W W 1
C4Z<<W xH00<HDDUxWH
0 Z Z 0 H W UWHH
O
>
Z <Fcr r.[;<r.[;<r.[ Fr � 0MMQ000UUUUUQQQQWW44
000 xHHhhxF -I
a H
U`
<
z
H
H
U�
x
z H
0
< O
W
z
x
H \
U
(-a
0
Y
Y
m\
z
z
U o
F' H
LO
IA
s
(f) N
E
x
t,
H
w
x
w
H<
1n a
a N
a0
O
U DJ
0
W
O 1
> o
H �
H L
va
c�
u
z
H
H
U)
H
a
>1 a
44 H
0 U
+) Z
Y Q
•H O
m
x l0
U H
To
4 N
U\
O
H
0
H
W H
H ..
c� N
� N
to ..
0
aH
H
H
U W
zH
�o
z N
H \
(r4 D
0
m\
U o
FC, H
H o o h 10 c -i w N o o oNOO V'(,j 00 to (n O O O O N u) u-) a) O H O h M N 00000(n 0 h [- oho
'z O. O(n a' 0 �n M M O O 00 l0 O O l0 M N hNMON00OMHMo 00 v, H 10 O O in M M W O O M M Hh
O O v' l0 h H 1� w m lfl v 0 o H o 0 o O o m N H l0 (n h o 0 Ln m m 110 h o h h h w O N o C H O O H IT w N
M H M N H h m co d• h m N d' o M l0 W H M v' N h w N o C d> O W v' W H l0 0 w m N H Ln N N (n m O
co H co N l0 H H w N m v h H (n N N u) M In In h N 07 al dl W v N (n M v' h h H w M N u)
. . . . . . . . . . . . . .
H H c . H v' N a> H N H 0 H O (3 N
H H N
W
H
K� l0 l0 l0 l0 \0 l0 l0 l0 0 l0 10 l0 l0 l0 l0 l0 \0 l0 l0 lfl to \0 <0 to l9 l9 lP l0 l0 l0 l0 O lfl 1p lfl 10 LD \0 l0 lfl lfl lfl 10 10 lfl 0 lfl
Q H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H
\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \
xi co m co DD W co w W w m W x co N co w w w c0 W co co W co co co co co DD O co co N u) N U) N U) nu-) U) U) ui N ut. N N
U N N N N N N N N CJ N N N N N N <V N N N N N N N N N N N N N N N N O O o 0 0 0 0 0 0 0 0 0 0 0 0
x rnmmrnrnrnrn(nmrnrncnrnrna ; rna)rnmm ernrnrnrnrnmrnmrnc�a)000000000000000
U o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 o H H H H H H H H H H H H H H H
x
U
W
x
U
H
z
0 0
Q U
U
z
H
x
U
W
x
U
x x
z z
W W
H N (Y) -,v 4 la h w m O H N M v' in LD h m al o H N M v N \0 fh co m o H N M v' N \0 h m m o ff N M v (n 0 r-
0 o 0 0 0 0 0 0 o H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H
M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M (1) M M (1) M
110 l0 l0 l0 l0 '.0 �.::) l0 19 l0 0 l0 l0 o l0 110 0110 (0 l0 l0 l0 l0 l0 l0 l0 l0 10 0 110 l0 l0 l0 l0 l0 \0 10 0 l0 l0 l0 So l0 l0 l0 l0 l0
H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H
E N a w H a 0 < z W 3 a
W x co a U) U U) z U < W 3
C7 Q U O H U' u) H W E Z 0 H W U)
L Z U H z H u) U H H z a N H x U z z w
W H N' H 'Z Z H a H U H O U J1 a : X a
x WH H O H (11) sFC zmn UzzOa z �?
HH Z Za, a H UW N z (nx H w H < U o Uww�_U�
Z Ga O H U) Q a U U) M O Z c4 U N () a H 7- 0 U
U 0 H S UU) x 't - U) wx X Ge z z x 0 m N H H 14
I W z HU w z U) 1 r4 W z El W H WOZ:CN 0ZH
�HH FC HO z WN W Q$ U)Z HHU)H x 4ZUHal PD z W W < W
H<P HHZWU) U O UQ NW WF-) UW\H� z P C4 U)O">0( G,
HHxHH OzU)U) U z0zF. zw5+ a r.�zx'J+ZH <wp1 -1 ZW6 NHZWWWHO
U(nm0Z H W W W WC424Hzx. U(na,H'IZ<U>+M0( 0 wwwxrx ?wmQa >z
HNr� 3rxz5UW�cw0 c��aMUrWW a�CxoU �GwWWZx4<0 WHU)
�Px W N N0HZCx H P741H0H(Z <HaU0%H$ 0 HM14U WOw
HHHQ N U) M 0 H D M >1 x 0 Z Z H H 0 HNHH214WWW Z (9 04
ooCl) WDU)04 n (0 r.�HUat4f4P4 0 .H Nx0W FCC ZFC <9ZZm >4 >+x xxa a
(n U)H W H(nHHW�WUV)\HO W W HUa(nU 1 ouux W W F. Ua4<W DOOUZHHOP4U
W Wr)UH HawwPxw<xC4(xaxx U) Q UU) w xxHHU) F. MMHOx�4HW
ZZ HW) 4WFgZZU w W W Q aHHa xZZWOQW W aE (4GYH ZxaazE�CFCHHU)
Z Z H W Z2)H0P0W4a9U <DD<K�U W HNzzzzMwPC w WEaQa4C4 4W W Nz
H H H W Z<< x H H PY W 4< W x H O O H W N' ;?: W H H H H 0 U o U c 0.< FC W W W O O: P: W x
X Z X0ONNNNNa4P UM M U)U1mMWWHHHH]> 3333>CZFC IAIA(Y1MMM()I WUUU
N
tf)
m M
E
x
v
H
W
x
w
H
as a
x
D N
a0
O -
U 0c)
0
Cu
O I
a
�+ o
E a'
H U)
va
c�
U
z E
H Z
E 0
H
a
>a
S-I H
0 U
+) z
ma
-H o
xU
w
x�o E
Ql O Q
U \ x
O U
H W
\ x
o U
x
U
W
x
U
LO z
Z
W H a. D
E •• O O
m N Q U
N W u
o
� Z
H H
v� x
zH U
z N x
H \ U
44 to
o x x
m\ z z
<° w rQ
OHM ul oMN OM to -an U) O N 0 r 000 N 0 O N 0 0 0 O to M o O N O r U) N O 0 O rw
. d . . H . a) W OH . U . OOOdlM OJO000Na . U)Q . O O OU)rN041000 "JMHrNd\ W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
M M l0 01 M r O U) U) dw w U) N U) H m r 01 O r to w r w U) O H U) H M N M 0) U) W H O U) l0 r to U)
00 to 10 M 00 O 00 (• I N H O 0) M H U) H O U) to 0) 01 U) N V' U) N r w r (i0 M H 0c) 00 r M d' w H to
H O0 r d• 00 U) H H M H W cli r 4T H r o N H O N N N M r H H 00 (14 U) U) 00 U)
110 to to 110 to to l0 l0 to 110 to to to to w w l^ to to to to 0 I0 4o to to to w 0 0 0 to to to to l0 to 0 to l0 to to
H H H H H H H H H H H H H H H H rl H H H H H H H H H H H H H H H H H H H H H H H H H
\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \
U) o U) U) U) U) U) U) U) U) U) U) U) N U) Lo U) U) U) U) N U) Ln U) U) U) U). U) U) U) U) U) U) U) U) U) U) U) U) U) in U)
O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 o (D 0 0 0 0 0 0
\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \
000000000000000000000000000000000000000000
m 0) O H N M lzv U) to r O m O H N M d' U) to r w m O H N M d' U) w r w m O H N M d' 0 to r m m
M M -v v' v Ln o o Ln Ln o Ln o n m w �o �,o �o ko �,o �.o �o o w rrrr r rr rr r-
(Y) M MMMMMMM(`)MMM(M M M M M M M M M M M M M M M M(Y) M MM M•M M M(n nM 1)
to '.J V1 '0 l0 l0 10 T W to l0 l0 to l0 T to W W l0 l0 to Lo to to to ko to to 0 W to O o l0 to l0 l0 to l0 l0 '9 l(?
H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H
w U H ry Z a Ga U E O O
aE w O C) zEa 0 I > U0 U)U UU
r-Cz P U E zZOm U a l.4av E w z
E n H 'Z Q' H a Q' W >+ W m 0a H Z U Z H W
Za W H 20pHzazm Dig P40U H O
WOW >m Oz mZEz0<z zwz H z E>+ m
9 >EUHx Uri u W OIx D04D a H O+EH w <z
Z G% 2Z I H 0 W U W WOlza WP4E U) Q Ucri 5r z
mmzH00 OH <E N U 040 H0 a W F40 <- W W W
EEC 2a H z U oEHm0 4U>1 0Hw WHz Ix 4 x
xxwm0Pa0Em\ Oa wzwmrxE P42H OaH R4 w0 E
C7
0 EP�EWZ9Wm000 NW WOam •aa EEWa WEE pN UU\
H H W W Q E H M U E Z Cl) # z O a H m H x W P4 E E z m Q W 0 9 r4 Z >1
ZHp HU) a E000U) QNNm0 HHMXPa I N>'H z>1U
xx�H>�owawvxa o.H7Ww <P4mQu0�c�owU Q0" ZPz NF wN H
r� �H0UZH2 W U �aQ040HEU G
O a , EE E QZ m aEWxZHxNHE
HHumz0a0mw 4U<[4WEFCC 4ZWm 00rr�� HaamaUx Zaa,OZC4
WPOPZnW Wa4U z W\Q c4E>+0 HQ>1 W W H D H 0WZW 0 0 W W
wa0ZE YHHEmm >+ M WxUZ4MC) ZxWc) U a
az2 Px0W M0< WWmowwEZm H H 4 w�AEa- '.0uWaU
as " "WO;W W IZZ0WMG4ZPZE xZZQZZWDw HQZma D > HzzW W
O O O U z W a a W O 0x P O O Z Z Z h O rC w H H H W G C4 x W h O x O x x a H H U H
U U U W W W W W 00 0 0 11HHHhhzzzzzZ000 4f4c� fl' mmEEE:>$>CN
M
0
H
m
M
C^
0
H
M
LO
CO v
E
x
c�
H
W
x
w
H <
wa
L
Q N
a0
O -
U m
0
Lu
O I
a
> 0
H a'
H to
Ua
c�
(D
2 E n
H 7 O]
E a
n O c
H ri
a Lf)
it H h
0 U o
+J z
U) Q H
-H O
xU
W
X �o E
U H
N O Q
4 N
U� x
o c;
� x
o U
x
U
W
x
U
Lrl
E •• O
i+ N z U
m •• w a
0 > <
rl E
O
H E
U ID
z E
ZN O
H W
w� w
o x a
QUO �
N
O
0
0
Q
W
H
z
H
a
a
v
LO
U) W
E 0
x<
(D a
H a
w<
x
w
9x
H
fA N
O
D
ao:)
0 0
U '
Ga ul x
0 0 0
to v
> O U)
Faa
H U U
U
LD
U)
U)
H
HU)NN to MM00000000 v 'v OHmN O0 Co 00000
M
F
M M
z
MNr a Hv' OOOOOONOOOH Hrr mmOw HO U)00
CU
Z
W OD
Gj.
. . . . . . .
W
>y
,,
U) M O M w U) N m T 01 m (n H U) w m M N U) m V, w m w U) O m O o
O
O O
L4
W
U)t0m v M'9 H M U) MM M ID r r N3, W N to H O 0l O H U) U) M N
11
W
H H
0
(!)
O m N U) N rl H U) M U) M U) M U) r oD U) t0 l0 N H r H
U)
(t)
U-) U)
41
. . . . . . . . . . . .
W
. .
,J)
D
a> OH Hr-I U) M NMHw 'r Q
M
D
M M
•1i
rQ
o m IT to H H A H
r
W
r r
x
U)
H a H N
o
U)
O 0
H
H
x
❑
❑
U
a1
x
u
1
x
I
U) MFDz z a
a9
owa ❑w cw�N
I
rf) u FoD H 0>H z z
I
I
z 0 w U) l U p Z lC: D E K� I
I
1
0!x U AFC H W r.0 41u W 0G u)
1
I
H W Z MW>C4 ] Uu) E
1
I
F Z< P;EHU Z Wf2 E zPz Z£w
I
I
U G z (7 ZE11 •� l D H GE H W ❑
I
I
W W H W OW MGL 1 a a HM ,7, F0 FD Z
I
E
I
04 H E !> u< FFE H p Wu) O D
I
Z
LO
I
u) Z P+-1 W x N Z I E U O W E> (4 W
I
D
H - p U) >> W >+ >+ D D U 0 Z U) >, p,
I
O
E ••
I
H EFL ai% EDEP�X0EE % <H U H
I
U
U) N
,Z I
0 (j) O FL U M W W H H O. E 04 W< Z z❑ H
I
U
>, N
G 1
'Z U H G " iY. H W 2> a a a Z W U) W KC X O W W Ga
I
(�
U) ••
H I
'z, ❑ x �+ (Yi 114 0i H O LQ H H D$ Z ': 0 H 0 E W W
U)
I
U)
o
E I
C70HH U r.GE U a EEG+W OW 0P D 0 Z
❑
aH
W I
azu71 >4D) a4 U) awaDD M Uu)4Zrc P1zw
Z
I
Z Z
<
H
• •
H I
% 1
< H ❑ tx I C H N OD < X< W C4 < H a H M
P'z H H ❑ X P ' H H H W % W 2 0 Pa EP r) 0 �
D
1-4
••
I
H <
xi W
UU
I
WZx H W W H HWWDfxDWfxEa0UEDX
04
W I
U
ZH
U) I
ZfC04f:CWE [44WG4D4fla4WWF$[+001EOZH44MZWW
a
<
I
W a
rs O
U
W I
W a '7. ❑ F H W H D H H H 4<< 9 W w E H F' F W D z H G z a
a
U
N
W W a E U U U '3 U) R: U) a$ M U M H C14 U H W
Wx
Z I
U FS
H
a
W 0
a
a
O
❑
❑ 1
<
x
x 1
x a
U)\
z
z I
rlHNv N 0 H H N to U)0)U)O O.-i N M a' m H M H U) O 0 Mir
H
z
Z I
"z H
U O
D
DI
O O O OHIT 10rrraDMrINU)00000U)NOONc Dwmm
O
Q,' I
FC O
<-I
GT4
G+ 1
H N N N N N N M M M M M aV a, v t0 to to to w W to r rr NMMM
H
0.l
[A I
W E
LD
CH COLUMBIA
HEIGHTS
AGENDA SECTION
BUSINESS ITEM
ITEM NO.
9A
MEETING DATE
OCTOBER 10, 2016
CITY OF COLUMBIA HEIGHTS - CITY COUNCIL
ITEM:
Accepting Bids and Awarding a Contract for the Abatement and Demolition of the Property
Veit & Company, Inc.
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