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HomeMy WebLinkAbout12-12-2016 CCPMayor Gary L. Peterson Councilmembers Robert A. Williams Bruce Nawrocki Donna Schmitt John Murzyn, Jr. City Manager Walter R. Fehst City of Columbia Heights 590 40th Avenue NE, Columbia Heights, MN 55421-3878 (763) 706-3600 TDD (763) 706-3692 Visit our website at: www.columbiaheightsmn.gov 1 Agenda 12-12-2016 The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, December 12, 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 advanc e. 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 1A. APPOINT COUNCIL PRESIDENT BRUCE NAWROCKI AS MAYOR PRO -TEM 2.ROLL CALL 3.INVOCATION Invocation provided by Bill Hugo, St Matthew Lutheran 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 B. Recognition of Councilmember Bruce Nawrocki for 46 years of service. A. Recognition of Mayor Gary Peterson for 28 years of service. 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 b e taken up as the next order of business.) A. Approve Minutes of the City Council MOTION: Move to approve the minutes of the City Council meeting of November 28, 2016 MOTION: Move to approve the minutes of the City Council worksession of December 5, 2016 MOTION: Move to approve the minutes of 2017 Council Sub-committee meeting of Dec. 5, 2016 1 p 6 p 17 p 19 City of Columbia Heights December 12, 2016 City Council Agenda Page 2 MOTION: Move to approve the minutes of the Public Hearing meetings of December 5, 2016 B. Accept Board and Commission Meeting Minutes MOTION: Move to accept the draft minutes from the Planning & Zoning meeting from Dec. 6, 2016 MOTION: Move to accept the minutes from the Planning & Zoning meeting from Nov. 1, 2016. MOTION: Move to accept the minutes from the Traffic Commission meeting from Nov. 7 2016. MOTION: Move to accept the minutes from the Library Board meeting from Nov. 2, 2016. C. Resolution Adopting the 2017-2018 Snow and Ice Control Policy MOTION: Move to waive the reading of Resolution No. 2016 -110, there being ample copies available to the public. MOTION: Move to approve and adopt Resolution No. 2016-110, being a resolution adopting the 2017- 2018 Snow and Ice Control Policy for the City of Columbia Heights. D. Establish a Public Hearing to Consider Alley Lighting MOTION: Move to establish January 9, 2017 at 7:00 p.m. as a Public Hearing for consideration of alley lighting between 4221 and 4225 Main Street. E. Adopt Resolution 2016-129 Certifying and Authorizing the City Of Columbia Heights to Submit A Water Supply Plan To The Department Of Natural Resources MOTION: Move to waive the reading of Resolution No. 2016 -129, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2016-129, being a Resolution certifying and authorizing the City of Columbia Heights to submit a Water Supply Plan to the Department of Natural Resources as required. F. Adopt Resolution 2016-130 establishing Senior Citizens or Retired & Disabled Persons Hardship Special Assessment Deferral MOTION: Move to waive the reading of Resolution No. 2016-130, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2016-130, being a resolution establishing a new maximum income of $33,600 for Senior or Retired and Disabled Persons to be eligible for special assessment deferral. G. Horwitz NS/I Contract Extension MOTION: Move to approve a one-year contract extension with Horwitz NS/I for HVAC Preventative Maintenance Services for City facilities effective January 1, 2017 through December 31, 2017 at a cost of $58,308, and to authorize the Mayor and City Manager to enter into a contract for the same. H. Final Compensating Change Order and Final Payment for Miscellaneous Concrete, Project No. 1600 MOTION: Move to approve the final compensating change order and accept the work for 2016 Miscellaneous Concrete Repairs and Installations, City Project No. 1600, and authorize final payment of $879.17 to Create Construction of Maple Grove, Minnesota. I. Final Payment to City Of Fridley for 45th Avenue Street Rehabilitation, Project 1607 2 p 21 p 40 p 55 p 66 p 69 p 71 p 93 p 96 p 99 p 100 p 104 p 90 City of Columbia Heights December 12, 2016 City Council Agenda Page 3 MOTION: Move to accept the work for 45 th Avenue Street Rehabilitation project, Columbia Heights City Project No. 1607, and to authorize final payment of $49,987.83 to the City of Fridley. J. Final Payment for Sanitary Sewer Lining, Project 1504 MOTION: Move to accept the work for Sanitary Sewer Lining, City Project No. 1504, and to authorize final payment of $6,649.66 to Visu -Sewer of Pewaukee, Wisconsin. K. Extension of GIS Range Rider Contract MOTION: Move to approve a one-year extension to the GIS Joint Powers Agreement in the amount of $22,218; and, authorize the Mayor and City Manager to enter into an agreement for the same. L. Anoka County Funding Agreement MOTION: Move to enter into a Joint Powers Agreement with Anoka County for the Innsbruck Area Concrete Street Improvements (Kordiak Park) M. Project Authorizations (2) MOTION: Move to authorize the preparation of Plans and Specifications for: Watermain replacement on Main Street from 40th Avenue to 42nd Avenue; and Storm Sewer replacement on 40th Avenue from Central Avenue to LaBelle Pond. N. Authorization to seek Proposals for Professional Services for the Design And Construction Administration Of Keyes Park Improvements MOTION: Authorize staff to prepare an RFP for engineering services for Keyes Park Improvements based upon the 2016 Park Master Plan. O. Resolution Approving A Collective Bargaining Agreement Between the City of Columbia Heights and Law Enforcement Labor Services, Inc. Local 342 – Police Sergeants MOTION: To waive the reading of Resolution 2016-131, regarding a Labor Agreement between the City of Columbia Heights and Law Enforcement Labor Services, Inc. Local 342, Police Sergeants, effective January 1, 2017 to December 31, 2018. MOTION: To adopt Resolution 2016-131 Regarding the Labor Agreement between the City of Columbia Heights and Law Enforcement Labor Services, Inc. Local 342, Police Sergeants, effective January 1, 2017 to December 31, 2018. P. Second Reading of Ordinance 1637, Sale of City’s Vacant Asset Located at 820 40th Avenue NE MOTION: Move to waive the reading of Ordinance No. 1637, there being ample copies available to the public. MOTION: Move to approve Ordinance No. 1637, being an ordinance approving the commerc ial purchase agreement for the sale of certain real property located at 820 40 th Avenue NE by and between the City of Columbia Heights and Mulata Associates, a Minnesota limited liability company. Q. Item: Authorize School Liaison Officer Contract with Columbia Heights School District MOTION: Move to authorize the Mayor and Police Chief to enter into a Joint Powers agreement with Columbia Heights Public Schools for the provision of a Police School Liaison Officer program as stipulated in the Joint Powers Agreement for the period of January 1 through December 31, 2017. 3 p 106 p 108 p 118 p 122 p 123 p 125 p 130 p 143 City of Columbia Heights December 12, 2016 City Council Agenda Page 4 R. Consideration of approval of attached list of rental housing applications. MOTION: Move to approve the items listed for rental housing license applications for December 12, 2016, in that they have met the requirements of the Property Maintenance Code. S. Title: Transfer of Funds to Fire Department Budget MOTION: Move to approve the transfer of $19,456.26 from the General Fund to the Fire Department budget. T. Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for December 12, 2016. U. 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 163821 through 163955 in the amount of $ 392,069.72. MOTION: Move to approve the Consent Agenda items. 8.PUBLIC HEARINGS A. Consideration of revocation of the license to operate a rental unit within the City of Columbia Heights is requested against the rental property at 4229 5th Street NE for failure to meet the requirements of the Residential Maintenance Codes. MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2016-128, being ample copies available to the public. MOTION: Move to adopt Resolution Number 2016 -128, 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. B. A Preliminary and Final Plat for the property located at 4400 Stinson Boulevard NE. MOTION: Move to close the public hearing and waive the reading of Resolution No. 2016-119, there being ample copies available to the public. MOTION: That the Planning and Zoning Commission recommends that the City Council approve the Preliminary and Final Plat for the property located at 4400 Stinson Boulevard NE., subject to certain conditions of approval. C. A Conditional Use Permit for the property located at 4259 Central Avenue NE. MOTION: Move to close the public hearing and waive the reading of Resolution No. 2016-120, there being ample copies available to the public. MOTION: That the Planning and Zoning Commission recommends that the City Council approve the Conditional Use Permit for the property located at 4259 Central Avenue NE., subject to certain conditions of approval. D. A Zoning Amendment for the properties located at 3989 Central Avenue, 3889 Central Avenue, and 950 40th Avenue. 4 p 160 p 162 p 163 p 166 p 173 p 176 p 198 p 223 City of Columbia Heights December 12, 2016 City Council Agenda Page 5 MOTION: Move to close the public hearing and waive the reading of Resolution No. 2016-108, there being ample copies available to the public. MOTION: That the Planning and Zoning Commission recommends that the City Council approve the Zoning Amendment for the property located at 3989 Central Avenue NE., 3889 Central Avenue NE., and 950 40th Avenue NE. E. Resolution 2016-132 adopting a budget for the year 2017, setting the city levy, approving the HRA levy, and approving a tax rate increase. MOTION: Move to waive the reading of Resolution 2016-132, there being ample copies available to the public. MOTION: Move to close the public comment and adopt Resolution 2016-132, being a resolution adopting a budget for the year 2017, setting the city levy, approving the HRA levy, and approving a tax rate increase. 9.ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations C. New Business and Reports 10.ADMINISTRATIVE REPORTS Report of the City Manager Report of the City Attorney 11.CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall state his/her name and address for the record. 12.ADJOURNMENT _______________________________________________ Walt Fehst, City Manager 5 p 243 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING NOVEMBER 28, 2016 The following are the minutes for the regular meeting of the City Council held at 7:00 PM on Monday November 28, 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 7:08 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, Joe Hogeboom; Community Development Director, Gary Gorman; Fire Chief, Scott Nadeau; Police Chief and Katie Bruno; City Clerk/Council Secretary 3.INVOCATION Invocation provided by Dan Thompson, Heights 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.) ADDITION– DEED Grant Application for Development of the Legends of Columbia Heights PUBLIC HEARINGS TO BE REMOVED B. Consideration of revocation of the license to operate a rental unit within the City of Columbia Heights is requested against the rental properties at 4346 6th Street NE and 4530 and 4532 6th Street NE for failure to meet the requirements of the Residential Maintenance Codes. 6.PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS Mayor Peterson announced the Holiday Train will be coming through town on Saturday, December 10th at 7:00 PM. Events are planned beginning at 6:00 PM at Lions Park. Mayor Peterson also announced Golden Glove boxing will host Fights in the Heights on Friday, December 16th at 6:00 PM at Murzyn Hall. 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.) 6 City Council Minutes November 28, 2016 Page 2 of 11 A. Approve Minutes of the City Council MOTION: Move to approve the minutes of the City Council meeting of November 14, 2016 B. Accept Board & Commission Meeting Minutes MOTION: Move to accept the minutes of the Parks & Recreation Commission meeting of August 24, 2016 C. Adopt Resolution 2016-109 Updating Income Limit For Senior Citizen Utility Rates MOTION: Move to waive the reading of Resolution 2016-109, there being ample copies available to the public. MOTION: Move to adopt Resolution 2016-109, being a resolution increasing the senior citizen utility rates. D. Consideration of a resolution canceling the City Of Columbia Heights regular City Council Meeting scheduled for Monday December 26, 2016 MOTION: Move to waive the reading of Resolution No. 2016-118, there being ample copies available to the public. MOTION: Move to adopt Resolution 2016-118, being a Resolution canceling the City Council meeting scheduled for December 26, 2016 E. Amend 2016 Fund 201 Planning and Inspections Budget MOTION: Waive the reading of Resolution No. 2016-117, there being ample copies available to the public. MOTION: Move to approve Resolution No. 2016-117, amending the 2016 Budget for Planning and Inspections Fund 201. F. Second Reading of Ordinance 1635, Regarding Proposed Massage Licensing Changes MOTION: Waive the reading of Ordinance No. 1635, there being ample copies available to the public. MOTION: Move to approve Ordinance No. 1635, amending Section 5.609 of City Code to provide a distinction between commercial massage business operations and non-commercial massage businesses. G. Second Reading of Ordinance 1636, an Ordinance Establishing Regulations for the Residence Location of Predatory Offenders within the City. Police Chief Scott Nadeau clarified that with the proposed restrictions there is not a place where a level 3 offender could reside; unless with a family member. MOTION: Move to waive the reading of Ordinance No. 1636, establishing regulations for the residency location of predatory offenders within the city, there being ample copies available to the public. MOTION: Move to adopt Ordinance No.1636, being an ordinance regulating the residency location of predatory offenders within the city. H. 2016 Classification of Tax Forfeited Property MOTION: Move to waive the reading of Resolution 2016-111, there being ample copies available to the public. MOTION: Move to adopt Resolution 2016-111, a resolution approving the classification of certain tax- forfeit land within the City of Columbia Heights, Anoka County, Minnesota as non-conservation property and the conveyance thereof. I. Consideration of approval of attached list of rental housing applications. MOTION: Move to approve the items listed for rental housing license applications for November 28, 2016, 7 City Council Minutes November 28, 2016 Page 3 of 11 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 November 28, 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 163630 through 163820 in the amount of $700,833.65. Motion by Councilmember Nawrocki, seconded by Councilmember Williams to approve the Consent Agenda, as presented. All Ayes, Motion Carried. 8. PUBLIC HEARINGS A. Consideration of declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested regarding the property at 4251 7th Street NE for failure to meet the requirements of the Residential Maintenance Code. Fire Chief Gary Gorman reported he will continue to work with the property owner towards resolving the issues. Motion by Councilmember Nawrocki, seconded by Councilmember Williams to close the public hearing and to waive the reading of Resolution Number 2016-112, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Nawrocki, seconded by Councilmember Williams to adopt Resolution Number 2016- 112, being resolution of the City Council of the City of Columbia Heights declaring the property listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. All Ayes, Motion Carried. 9. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions a. First Reading of Ordinance 1637, Sale of City’s Vacant Asset Located at 820 40th Avenue NE Director of Community Development Joe Hogeboom reported the City has received an offer from Mulata Associates in the amount of $570,000. Hogeboom suggested a January 30, 2017 deadline be added, as well as the City’s right to obtain the earnest deposit of $15,000. Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. to waive the reading of Ordinance No. 1637, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. to approve Ordinance No. 1637, being an ordinance authorizing the sale of certain real property located at 820 40th Avenue NE, for December 12, 2016 at approximately 7:00 P.M. in the City Council Chambers. All Ayes, Motion Carried. B. Bid Considerations C. New Business and Reports a. Authorize refurbishment of Engine 1 Fire Chief Gary Gorman reported Engine 1 is twenty years old, and anticipates with a small investment an additional 10 years of service is likely. Councilmember Schmitt commented that the bids are very close, and North Central indicated they would be replacing more parts, and Rosenbauer is planning to only 8 City Council Minutes November 28, 2016 Page 4 of 11 inspect. Chief Gorman stated he has worked with both companies in the past, and has preferred Rosenbauer. Motion by Councilmember Williams, seconded by Councilmember Schmitt to authorize the refurbishment of Engine 1 by Rosenbauer Minnesota, LLC based on their low qualified quote in the amount of $61,915.00 and authorize the Mayor and City Manager to enter into a contract. All Ayes, Motion Carried. D. DEED Grant Application for Development of the Legends of Columbia Heights Director of Community Development Joe Hogeboom reported that DEED has requested the City add a clause to Resolution 2016-96 approved on October 24, 2016 that commits a local match to the project even if funds for the local match come from a private entity. Dominium previously agreed to pay any local match required by DEED should grant funds be awarded to the project. Thus, the City will not be responsible to fund any of the local match. Hogeboom reported the PCA will be monitoring the clean-up of the site. Motion by Councilmember Williams, seconded by Councilmember Schmitt to waive the reading of Resolution 2016-116, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Williams, seconded by Councilmember Schmitt to adopt Resolution 2016-116, a resolution authorizing the approval of a grant application to the Minnesota Department of Employment and Economic Development Contamination Clean-up and Investigation Grant Program for the development of the Legends of Columbia Heights. All Ayes, Motion Carried. 10. ADMINISTRATIVE REPORTS City Manager Walt Fehst reported the City recently was awarded the Certificate of Achievement in Excellence in Financial Reporting. This is beneficial to the City in securing bond rates, resulting in great cost savings. Manager Fehst thanked Finance Director Joe Kloiber for his efforts. Councilmember Williams thanked Manager Fehst for his leadership. Mayor Peterson announced December 12, 2016 will be the last meeting for himself and Councilmember Nawrocki. An invitation was extended to join the Council and staff for a reception at 6:00 PM on December 12th. 11. CITIZENS FORUM 12. ADJOURNMENT Meeting adjourned at 7:45 p.m. ______________________ Respectively Submitted, Katie Bruno, Council Secretary/City Clerk 9 City Council Minutes November 28, 2016 Page 5 of 11 RESOLUTION NO. 2016-109 A resolution of the City Council for the City of Columbia Heights, Minnesota, establishing eligibility standards for senior citizen utility rates. Now, therefore, in accordance with all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: ORDER OF COUNCIL WHEREAS, the City Council has previously established eligibility standards for senior citizen rates for refuse service, sewage disposal, storm water and water supply; and WHEREAS, it has been the City's practice to maintain uniform eligibility standards whenever possible: NOW, THEREFORE, BE IT RESOLVED by the City of Columbia Heights as follows: That anyone over 62 years of age with a maximum household income of $33,600 will be eligible for reduced rates. BE IT FURTHER RESOLVED that the above eligibility standard is effective January 1, 2017 RESOLUTION NO. 2016-111 RESOLUTION APPROVING THE CLASSIFICATION OF CERTAIN TAX-FORFEIT LAND WITHIN THE CITY OF COLUMBIA HEIGHTS, ANOKA COUNTY, MINNESOTA AS NON-CONSERVATION PROPERTY AND THE CONVEYANCE THEREOF. BE IT RESOLVED BY the City Council (Council) for the City of Columbia Heights, Minnesota (City) as follows: WHEREAS the City has been notified by the County of Anoka, Minnesota (County) that certain parcels of land within the City have forfeited to the State of Minnesota (Tax-Forfeit Parcel), described as attached hereto as Exhibit A, for the failure to pay ad valorem real estate taxes pursuant to provisions of Minnesota Statues Chapters 279, 280, and 281; and WHEREAS the County advised the City that if the Tax-Forfeit Parcel is located within the boundaries of the City, a classification, reclassification and sale must first be approved by the Council pursuant to provisions of Minnesota Statutes Section 282.01, subdivision 1 (h); and WHEREAS if the City desires to acquire any Tax-Forfeit Parcel, it may file a written request with the county auditor pursuant of Minnesota Statutes Section 282.01, subdivision 1a to withhold certain Tax-Forfeit Parcels from sale or lease to others for a maximum of six (6) months: NOW, THEREFORE BE IT RESOLVED that Council designates that the Tax-Forfeit Parcel provided for therein are hereby in all respects approved as non-conservation property. BE IT FURTHER RESOLVED that Council desires to acquire Tax-Forfeit Parcel 35-30-24-13-0063 and request that the parcel thereof be withheld from public and private sale to be conveyed to the City. BE IT FURTHER RESOLVED that Council recommends Tax-Forfeit Parcel 35-30-24-34-0233 be released for private sale to an abutting landowner. 10 City Council Minutes November 28, 2016 Page 6 of 11 EXHIBIT A Tax-Forfeit Parcel ADDRESS LEGAL DESCRIPTION PID 4201 Jefferson Street NE LOT 16, BLOCK 32 COLUMBIA HEIGHTS ANNEX, EX RD SUBJ TO EASE OF REC 35-30-24-13-0063 Unassigned Situs THE E 15FT OF LOT 124A BLOCK 1 HUSET PARK, SUBJ TO EASE OF REC 35-30-24-34-0233 RESOLUTION NO. 2016-112 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 Jessica Kirby (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4251 7 th 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 October 5, 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 October 4, 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 November 7, 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 November 15, 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 repair/replace rotted wood on garage soffit and fascia; paint or side to match. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4251 7th 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. 11 City Council Minutes November 28, 2016 Page 7 of 11 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4251 7th Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION NO. 2016-116 RESOLUTION AUTHORIZING THE APPROVAL OF A GRANT APPLICATION TO THE MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT CONTAMINATION CLEAN-UP AND INVESTIGATION GRANT PROGRAM FOR THE DEVELOPMENT OF THE LEGENDS OF COLUMBIA HEIGHTS. BE IT RESOLVED BY the City Council (Council) for the City of Columbia Heights, Minnesota (City) that the City has approved the Contamination Clean-Up grant application submitted to the Department of Employment and Economic Development (DEED) on October 24, 2016 by the City for the Legends of Columbia Heights site. BE IT FURTHER RESOLVED that the City is located within the seven county metropolitan areas defined in Minnesota State Statue Section 473.121, subdivision 2, and is participating in the local housing incentives program under Minnesota State Statue Section 473.254. BE IT FURTHER RESOLVED that the City act as the legal sponsor for the project contained in the Contamination Clean-Up Grant Program to be submitted on or before November 1, 2016 and that the City Manager is hereby authorized to apply to the DEED for funding of this project on behalf of the City. BE IT FURTHER RESOLVED that the City has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to ensure adequate project administration. BE IT FURTHER RESOLVED that the sources and amounts of the local match identified in the application are committed to the project identified. BE IT FURTHER RESOLVED that the City has not violated any Federal, State or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. BE IT FURTHER RESOLVED that upon approval of its application by the State of Minnesota (State), the City may enter into an agreement with the State for the above-referenced project, and that the City certifies that it will comply with all applicable laws and regulations as stated in all contract agreements. NOW, THEREFORE BE IT FINALLY RESOLVED that the Mayor and the City Manager are hereby authorized to execute such agreements as are necessary to implement the project on behalf of the applicant. RESOLUTION NO. 2016-117 A resolution of the City Council for the City of Columbia Heights, Minnesota, amending the 2016 Budget for Planning and Inspections Fund 201. Whereas, the City Council adopted an initial 2016 budget for Planning and Inspections Fund 201 by resolution 2015-97, and amended that budget by resolution 2016-30; and 12 City Council Minutes November 28, 2016 Page 8 of 11 Whereas, so far the total 2016 revenue projected from licenses, permits, and related fees, under those two resolutions amounted to $308,533; and Whereas, actual revenue for 2016 will significantly exceed that projection; and Whereas, the additional expenditures necessary to provide the licensing and inspection services related to this additional revenue is not included in resolution 2015-97 or resolution 2016-30; Now, therefore, in accordance with all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: ORDER OF COUNCIL IT IS HEREBY RESOLVED, that the 2016 budget for Planning and Inspections Fund 201 is amended for an increase of $65,000 in both revenue and expenditures. RESOLUTION NO. 2016-118 A RESOLUTION CANCELING THE CITY OF COLUMBIA HEIGHTS REGULAR CITY COUNCIL MEETING SCHEDULED FOR MONDAY DECEMBER 26, 2016 WHEREAS: The City of Columbia Heights has historically cancelled the second meeting in December; and WHEREAS: The City Council has agreed to cancel the regular Council meeting scheduled for Monday, December 26, 2016 NOW, THEREFORE, BE IT RESOLVED, that all interested parties be advised of this change. ORDINANCE NO. 1635 BEING AN ORDINANCE AMENDING CITY CODE OF 2005 RELATING TO MASSAGE THERAPIST AND MASSAGE BUSINESS LICENSES WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: SECTION 1: §5.609 (A) (1) LICENSE REQUIRED. City Code of 2005, is proposed to include the following addition and shall hereafter read as follows, to wit: (A) License required. (1) No person shall perform massage therapy massage therapy business within a commercial area shall operate without a license issued pursuant to the provisions of this section. SECTION 2: §5.609 (B) Definitions City Code of 2005, is proposed to include the following addition and shall hereafter read as follows, to wit: 13 City Council Minutes November 28, 2016 Page 9 of 11 (B) Definitions. For purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. MASSAGE THERAPIST. Any person who, for a fee, rubs, presses, strokes, kneads, taps, rolls, pounds, vibrates or stimulates these superficial parts of the human body with the hands or any instrument. MASSAGE THERAPY BUSINESS. Any person, partnership or corporation, either as principal or agent, who engages in the business of massage therapy or the employment of others performing massage therapy for a fee.for which the business is located within a commercial zoning district. SECTION 3 § 5.609 Location (1) (2) Code of 2005, is proposed to include the following addition and shall hereafter read as follows, to wit: (G) Location. (1) A massage therapist licensed under this section shall perform massage therapy only at the place of business of a massage therapist business licensee designated in the massage therapist’s license. No massage therapist license may be transferred to a different location or a different person. (2) A massage therapist business license under this section shall authorize the licensee to carry on its business only at the permanent place of business designated in the license. The massage therapist business licensee shall either own the building in which the business is conducted or have a lease on the business premises which extends for more than six months. No massage therapist business license may be transferred to a different location or a different person. This Ordinance shall be in full force and effect from and after 30 days after its passage. ORDINANCE NO. 1636 ORDINANCE ESTABLISHING REGULATUONS FOR THE RESIDENCY LOCATION OF PREDATORY OFFENDERS WITHIN THE CITY WHEREAS, predatory offenders present a significant threat to the public safety of the community as a whole, especially children, females, and vulnerable populations. Predatory offenders are likely to use physical violence and to repeat their offenses. The cost of predatory offender victimization to society at large, while not precisely calculable, is significant; and WHEREAS, the City Council finds that a disproportionately high number of predatory offenders are being placed in the City and it is in the best interest of the public to study and consider options for addressing and minimizing the public safety impacts of such placements; and WHEREAS, the City may amend and enact ordinances and regulations under its police powers as it sees fit, including through the adoption of moratoria and temporary regulations enacted to allow the City sufficient time to prepare and adopt permanent regulations; and WHEREAS, the Council has previously enacted a temporary ordinance limiting the residency location of predatory offenders in order to study and consider a permanent ordinance limiting the residency location of predatory offenders within the City; and 14 City Council Minutes November 28, 2016 Page 10 of 11 WHEREAS, the City has evaluated the need to limit/prohibit certain predatory offenders from establishing temporary or permanent residence in certain locations where children are known to regularly congregate in a concentrated number; and WHEREAS, the City has a compelling interest in promoting, protecting and improving health, safety and general welfare of the City's citizens. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Columbia Heights, Minnesota, as follows: Section 1. Definitions The following words, terms, and phrases, when used in this Ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 1.01 "Child" means any person under the age of eighteen (18). 1.02 "Designated predatory offender" means any person who has been categorized as a Level lll predatory offender under Minnesota Statutes, Sec. 244.052, any successor statute, or a similar statute from another state in which that person's risk assessment indicates a high risk of re-offense. 1.03 "Permanent residence" means a place where a person abides, lodges, or resides for 14 or more consecutive days, 1.04 "Temporary residence" means a place where a person abides, lodges, or resides for a period of 14 or more days in the aggregate during any calendar year and which is not the person's permanent address, or a place where the person routinely abides, lodges, or resides for a period of four or more consecutive or non-consecutive days in any month and which is not the person's permanent residence. 1.05 "School" means a public or non-public elementary or secondary school. 1.06 "Licensed child care center" means a group child care center currently licensed by the applicable County or the State of Minnesota. 1.07 "Public playground" means a publicly-owned, improved park or other outdoor area designed, equipped, and set aside primarily for children's play. Section 2. Regulations on Predatory Offenders 2.01 It shall be unlawful for any designated predatory offender to establish a permanent or temporary residence within 2,000 feet of any school, licensed child care facility, public playground, or any other place where children ar e commonly known to regularly congregate. 2.02 For purposes of determining the minimum distance separation required by this Section, the requirement shall be measured by following a straight line from the outer property line of the permanent or temporary residence of the designated predatory offender to the nearest outer property line of the protected property. 2.03 A designated predatory offender residing within a prohibited area as described in this Section does not commit a violation of this Ordinance if any of the following apply: 15 City Council Minutes November 28, 2016 Page 11 of 11 A. The person established the permanent or temporary residence and reported and registered the residence pursuant to Minnesota Statutes, Sec. 243.166 and 243.167 or any successor statute, prior to the effective date of this ordinance; B. The school, licensed child care center, or public playground within 2,000 feet of the person's permanent or temporary residence was opened after the person established such residence and reported and registered the residence pursuant to Minnesota Statutes, Sec. 243.166 and 243.167, or any successor statute; C. The residence is also, as of the effective date of this ordinance, the primary residence of the person’s parents, grandparents, siblings, or spouse; or D. The residence is a property purchased, leased, or contracted with and licensed by the Minnesota Department of Corrections prior to the effective date of this ordinance. Section 3. Enforcement 3.01 A violation of this Ordinance shall be a misdemeanor. In addition, the City may enforce this Ordinance by mandamus, injunction, or other appropriate civil remedy in any court of competent jurisdiction, or through any administrative penalties program of the City Code. Section 4. Effective Date 4.01 This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. ORDINANCE NO. 1637 BEING AN ORDINANCE APPROVING THE COMMERCIAL PURCHASE AGREEMENT FOR THE SALE OF CERTAIN REAL PROPERTY LOCATED AT 820 40TH AVENUE NE BY AND BETWEEN THE CITY OF COLUMBIA HEIGHTS AND MULATA ASSOCIATES The City of Columbia Heights does ordain: SECTION 1: The City of Columbia Heights, a Minnesota municipal corporation, may convey unto Mulata Associates 820 40th Avenue: Lots Three (3), Four (4), and Five (5), Block Sixty-Four (64), Columbia Heights Annex to Minneapolis, Anoka County, Minnesota, according to the plat thereof on file and of record in the office of the Register of Deeds in and for Anoka County, Minnesota. SECTION 2: The Mayor and the City Manager are herewith authorized to execute a deed to effectuate the conveyance of said real property. This ordinance shall be in full force and effect from and after 30 days after its passage. 16 Meeting of: COLUMBIA HEIGHTS CITY COUNCIL Date of Meeting: December 5, 2016 Time of Meeting: 7:00 PM (Following the Public Hearings) Location of Meeting: Conference Room #1 Purpose of Meeting: WORKSESSION CALL TO ORDER/ROLL CALL The meeting was called to order at 7:11 PM Present: Council President Nawrocki, : Councilmembers Murzyn Jr, Williams and Schmitt Also Present: Walt Fehst; City Manager, Kelli Bourgeois; Human Resource Director/Assistant to the City Manager; Keith Windschitl; Recreation Director, Kevin Hansen; Public Works Director, Joe Kloiber; Finance Director and Katie Bruno; City Clerk Murzyn Hall, City Park and Event Wagon rental rates for 2017 Recreation Director Keith Windschitl reported the Columbia Heights Park and Recreation Commission unanimously approved the 2018 Murzyn Hall rental rates at their meeting on November 16, 2016. Due to high demand in Saturday rentals, the Commission has recommended rental rates for 2018 increase 6% for Saturday rentals. Commission members believe the rental rates for Murzyn Hall need to be more competitive with the rising costs of other rental facilities. The proposed rates are as follows: RENTAL INFORMATION 2017 RATES 2018 RATES (Sun - Fri) (Saturday) (Sun - Fri) (Saturday) Hall/Kitchen/LaBelle Lounge w/Tax $1,028.40 $1,496.54 $1,028.40 $1,586.82 Hall/Kitchen/LaBelle Lounge $960.00 $1,397.00 $960.00 $1,481.00 Hall $735.00 $988.00 $735.00 $1047.00 LaBelle Lounge $220.00 $284.00 $220.00 $301.00 Gauvitte, Prestemon, Edgemoor, or Keyes Room $175.00 $195.00 $175.00 $195.00 Senior Center or Maithaire/McKenna Room $250.00 $285.00 $250.00 $285.00 Director Windschitl reported park rental fees will be rounded up to the nearest $5 increment. The following are the proposed 2017 rates: Park Rental Fees Current rate including tax Proposed 2017 rates including tax Resident rental fee $42.85 $45.00 Non-resident rental fee $64.28 $65.00 Rental fee for groups 100+ people $107.13 $110.00 Nawrocki expressed concern with residents being required to pay a rental fee, when they have paid for the building through property taxes. Windschitl indicated this helps with the reservation process, and avoids potential over-booking. Director Windschitl reported the Event Wagon rental fee will increase to $40 from $35. 17 Frost Simula suggested information about the Event Wagon be added to the City’s website. Proposed 2017 Public Works Public Improvement Projects Director of Public Works Kevin Hansen gave an overview of the following 2017 proposed projects: Central Ave Safety Improvements State Aid Rehab 39th from the roundabout to Central Utility work on 40th prior to Anoka County beginning their mill & overlay project. Utility work on Main St prior to Anoka County beginning their mill & overlay project. Keyes Park, the Park & Recreation Commission has recommended improvements, a RFP will be sent out. City Manager Fehst asked if a new pavilion will be added. Hansen indicated it will be attached to the current building. Councilmember Williams asked how the cost of water for the splash-pad compares to the cost of maintaining a pool. Director Hansen indicated that with a splash-pad the cost is strictly for the water, noting the water usage for the first summer was higher than anticipated. Plans to conserve for next year are underway. Councilmember Williams asked how many ice-rinks will be operational this winter. Hansen indicated four parks will have a total of seven rinks, no change from last winter. Circle Terrace; hope to break ground in May, 2017. Signal Improvements; There is a joint project with the City of St Anthony on Stinson & 39 th. Also there are 3 proposed intersections on Central Ave for signal improvements. A retaining wall on the alley between 42nd and 43rd west of Central Ave. Silver Lake boat landing, Hansen is hoping to get funding Director Hansen stated that he will likely bring three items to the December 12 th Council meeting; Keys Park, 40th Ave storm sewer replacement and the Main St. watermain replacement. 2017 Budget discussion City Manager Walt Fehst commented that overall residents will see a slight decrease in their property taxes. Councilmember Williams commended the Finance Department on their continued success with the CAFR. Finance Director Joe Kloiber reported a Budget Summary will be presented at the December 12th City Council meeting. Councilmember Schmitt questioned if there will be significant changes in the local level due to the recent election. Kloiber indicated that the City is a position to adjust if necessary, noting the 2017 LGA is certified, and any changes would likely not occur until 2018. Meeting Adjourned at 8:01 PM Respectively Submitted, _______________________________ Katie Bruno, Council Secretary/City Clerk 18 Meeting of: COLUMBIA HEIGHTS CITY COUNCIL SUB COMMITTEE Date of Meeting: December 5, 2016 Time of Meeting: 5:00 PM Location of Meeting: Conference Room #2 CALL TO ORDER/ROLL CALL The meeting was called to order at 5:05 PM Present: Councilmembers Schmitt, Murzyn Jr, Williams and elected Councilmember Connie Buesgens Also Present: City Manager Walt Fehst, Human Resource Director/Assistant to the City Manager Kelli Bourgeois and City Clerk Katie Bruno Swearing in date and details The group agreed to take the Oath of Office at the January 3, 2017 worksession. A ceremonial swearing in will also take place at the January 9th regular City Council meeting. Council vacant seat application, interview, and selection process City Clerk Katie Bruno distributed a copy of the City Charter section identifying the requirements of filing the vacancy, along with a timeline of the appointment process. City Manager Walt Fehst questioned if the Council would like the Charter to look at making a change that would require a special election in the future. Councilmember Schmitt commented that the appointment process is followed in statuary cities. Connie Buesgens suggested the Charter Commission discuss further. Human Resource Director/Assistant to the City Manager Kelli Bourgeois distributed a list of application and interview questions for consideration. An application will be prepared and brought to the January 3, 2017 worksession for review. Commission/Liaison position preferences for 2017 Councilmember Schmitt suggested the current council remain on their respective committee/commission, and the following additions were made: Library Board Bobby Williams Park & Rec Commission Connie Buesgens Charter Commission Connie Buesgens Anoka Co. Joint Law Donna Schmitt Enforcement Council Councilmember Schmitt stated these may be reconsidered following the appointment of the fourth Councilmember. Potential Council and Work Session meeting dates for 2017 Councilmember Schmitt encouraged the group to review the calendar, noting that three members are required for a quorum. 19 Training sessions availability and dates and community events for first quarter 2017 A list of the trainings being offered through the League of Minnesota Cities for the first quarter 2017 was distributed. Councilmember Schmitt noted there will be a legislative Conference on March 23 in St Paul. Public Comments None. Meeting Adjourned at 6:02 PM Respectively Submitted, ________________________________ Katie Bruno, Council Secretary/City Clerk 20 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS PUBLIC IMPROVEMENT HEARING DECEMBER 5, 2016 The following are the minutes for the Public Improvement Hearing meeting of the City Council held at 6:00 PM on Monday December 5, 2016 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota 1.CALL TO ORDER Council President Nawrocki called the meeting to order at 6:11 p.m. 2.ROLL CALL Present: Council President Nawrocki, Councilmembers Williams, Schmitt and Murzyn, Jr. Also Present: Walt Fehst; City Manager, Kevin Hansen; Public Works Director, Kathy Young; Assistant City Engineer, Katie Bruno; City Clerk/Council Secretary 3.SPECIAL ASSESSMENT LEVY HEARING: 2016 SEAL COAT PROGRAM A. Street Seal Coat Project 1)Presentation of Information on Seal Coat Project by Staff Director of Public Works Kevin Hansen gave an overview of the project. Assessment rates are unchanged from the Improvement Hearing; $297 for street rate and $99 for Avenue rate. Hansen noted there was a publication notice error, resulting in no interest due until November 14, 2017. Director Hansen reported Council adopted a 3.5% interest rate at a recent levy hearing; this is consistent with the bonds sold. 2)Questions and Comments on Seal Coat Project John Hanson IV-4061 Maureen Dr NE questioned if the City has plans to address the number of semi trucks traveling through his neighborhood. Director Hansen indicated he was not aware of problematic truck traffic in that area. Councilmember Nawrocki suggested Mr. Hanson call the police department if he sees semis, and they can provide extra surveillance. Jeff Hagen-4440 2½ St. NE indicated he thought seal coating was part of property taxes. Director Hansen explained this process has been followed for at least 20 years. B. Close the Public Hearing Motion by Councilmember Williams, seconded by Councilmember Schmitt to close the Public Hearing of the 2016 Street Seal Coat, Project 1501. All Ayes, Motion Carried. 21 C. Consideration of Resolution Motion by Councilmember Murzyn, Jr., seconded by Councilmember Williams to waive the reading of Resolution 2016-121, there being ample copies available for the public. All Ayes, Motion Carried. Motion by Councilmember Murzyn, Jr., seconded by Councilmember Williams to adopt Resolution 2016-121 being a resolution levying and adopting the assessment for 2016 Zone 7B Street Seal Coat Improvement, City Project 1501, and changing the interest rate to 3.5%. All Ayes, Motion Carried. 4.ADJOURNMENT Meeting adjourned at 6:24 p.m. ______________________ Respectively Submitted, Katie Bruno, Council Secretary/City Clerk RESOLUTION NO. 2016-121 A resolution of the City Council for the City of Columbia Heights, Minnesota, WHEREAS, the City Council of Columbia Heights is adopting the assessment roll according to the City Charter for the following local improvements and determining that said improvements have been made and ratifying and conforming all other proceedings, heretofore had: Special Assessment numbered 2016-Z7-01-001: Seal Coat on 2nd Street, 40th Avenue to 43rd Avenue and 44th Avenue to 45th Avenue; 2½ Street, 44th Avenue to 45th Avenue; 3rd Street, 40th Avenue to 42nd Avenue and 44th Avenue to 45th Avenue; 39th Avenue, Main Street to 2nd Street; 41st Avenue, Main Street to 3rd Street; 42nd Avenue, Main Street to 2nd Street; and 43rd Avenue, Main Street to 2nd Street, all in project 1501; and, WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 6:00 o’clock p.m. on the 5th day of December, 2016, in the City Council Chambers, 590 40th Avenue NE, Columbia Heights, Minnesota, being the time and place set when and where all persons interested could appear and be heard by the Council with respect to benefits, and to the proportion of the cost of making the local improvements above described, a notice of such hearing having been heretofore duly published as required by law, and a notice mailed to each property owner of record, stating the proposed amount of the assessment; and, WHEREAS, this Council has heretofore estimated and fixed the cost of such local improvements and has prepared an assessment roll therefore, 22 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 Section 1. That this Council does hereby adopt the aforesaid assessment roll for local improvements known and described as “Zone 7B Seal Coat” numbered 2016-Z7- 01-001, Project 1501, a copy of which is attached hereto and made a part hereof. Section 2: That this Council hereby finds and determines that each of the lots and parcels of land enumerated in said assessment roll was and is especially benefited by such improvement in an amount not less than the amount set opposite in the column headed “Actual Assessment Amount”. And this Council further finds and determines that the proper proportion of the cost of such improvements to be specially assessed against such lot or parcel of land is the amount set opposite the description of each such lot or parcel of land respectively in said assessment roll. Section 3: That said assessments may be paid in part or in full without interest on or before 4:30 p.m. on November 14, 2017. Any unpaid amount will be certified to Anoka County for collection with the real estate taxes beginning with the taxes payable in the year 2018. The annual principal installments, together with 3.5% interest accrued on the unpaid balance are due and payable with the real estate taxes for a period of one year as designated on the assessment roll. Section 4: That this Council did hereby determine and re-determine to proceed with said improvement, does ratify and confirm all other proceedings heretofore had in regard to this improvement, and said improvement shall hereafter be known and numbered as Local Improvement numbered 2016-Z7-01-001, Project 1501. Section 5: This resolution shall take effect immediately upon its passage. 23 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS PUBLIC IMPROVEMENT HEARING DECEMBER 5, 2016 The following are the minutes for the Public Improvement Hearing meeting of the City Council held at 6:15 PM on Monday December 5, 2016 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota 1.CALL TO ORDER Council President Nawrocki called the meeting to order at 6:25 p.m. 2.ROLL CALL Present: Council President Nawrocki, Councilmembers Williams, Schmitt and Murzyn, Jr. Also Present: Walt Fehst; City Manager, Kevin Hansen; Public Works Director, Kathy Young; Assistant City Engineer, Katie Bruno; City Clerk/Council Secretary 3.SPECIAL ASSESSMENT LEVY HEARING: 2016 STREET REHABILITATION PROGRAM FOR ZONE 2 AND 45TH AVENUE A. Street Rehabilitation Projects 1)Presentation of Information on Street Rehabilitation Projects by Staff Director of Public Works Kevin Hansen gave an overview of the project, indicating it took longer than expected. Assessment rates are varied throughout the project. Hansen noted there was a publication notice error, resulting in no interest due until November 14, 2017. Hansen gave an explanation on how corner lots are assessed, indicating the City of Columbia Heights property owners pay both a street and avenue rate. 2)Questions and Comments on Street Rehabilitation Projects Aliaziar Adagon-1915 41st Ave NE questioned the levy payment process. Director Hansen explained residents can pay the full amount, or any amount up until November 14, 2017, any remaining balance will be forwarded to Anoka County to be collected with property taxes. Terry Weiss-4241 Reservoir Blvd requested clarification on the November 14, 2017 due date. Jeff Hagen-4440 2 ½ St NE asked of reminder notices will be sent out in 2017. Hansen agreed that would be a good idea. Hagen submitted a letter to the City Clerk on November 14, 2016 requesting the assessment be lowered. A copy of that letter is attached. B. Close the Public Hearing Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. to close the 24 Public Hearing of the 2016 Street Rehabilitation, Project Numbers 1602 and 1607. All Ayes, Motion Carried. C. Consideration of Resolutions Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. to waive the reading of Resolution 2016-122, Resolution 2016-123, and Resolution 2016-124, there being ample copies available for the public. All Ayes, Motion Carried. Motion by Councilmember Schmitt, seconded by Councilmember Murzyn, Jr adopt Resolution 2016-122 being a resolution levying and adopting the assessment for 2016 Street Rehabilitation, Zone 2 – Partial Street Reconstruction, Project 1602 and changing the interest rate to 3.5%. All Ayes, Motion Carried. Motion by Councilmember Schmitt, seconded by Councilmember Murzyn, Jr adopt Resolution 2016-123 being a resolution levying and adopting the assessment for 2016 Street Rehabilitation, Zone 2 – Partial Street Reconstruction (FDR), Project 1607 and changing the interest rate to 3.5%. All Ayes, Motion Carried. Motion by Councilmember Schmitt, seconded by Councilmember Murzyn, Jr adopt Resolution 2016-124 being a resolution levying and adopting the assessment for 2016 Street Rehabilitation, Zone 2 – Mill and Overlay, Project 1602 and changing the interest rate to 3.5%. All Ayes, Motion Carried. 4.ADJOURNMENT Meeting adjourned at 6:42 p.m. ______________________ Respectively Submitted, Katie Bruno, Council Secretary/City Clerk RESOLUTION NO. 2016-122 A resolution of the City Council for the City of Columbia Heights, Minnesota, WHEREAS, the City Council of Columbia Heights is adopting the assessment roll according to the City Charter for the following local improvements and determining that said improvements have been made and ratifying and conforming all other proceedings, heretofore had: Special Assessment numbered 2016-Z2-03-001: Zone 2 Partial Street Reconstruction on 43rd Avenue from Reservoir Boulevard to Arthur Street, all in project 1602; and, 25 WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 6:15 o’clock p.m. on the 5th day of December, 2016, in the City Council Chambers, 590 40th Avenue NE, Columbia Heights, Minnesota, being the time and place set when and where all persons interested could appear and be heard by the Council with respect to benefits, and to the proportion of the cost of making the local improvements above described, a notice of such hearing having been heretofore duly published as required by law, and a notice mailed to each property owner of record, stating the proposed amount of the assessment; and, WHEREAS, this Council has heretofore estimated and fixed the cost of such local improvements and has prepared an assessment roll therefore, 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 Section 1. That this Council does hereby adopt the aforesaid assessment roll for local improvements known and described as “Zone 2 Partial Street Reconstruction” numbered 2016-Z2-03-001, Project 1602, a copy of which is attached hereto and made a part hereof. Section 2: That this Council hereby finds and determines that each of the lots and parcels of land enumerated in said assessment roll was and is especially benefited by such improvement in an amount not less than the amount set opposite in the column headed “Actual Assessment Amount”. And this Council further finds and determines that the proper proportion of the cost of such improvements to be specially assessed against such lot or parcel of land is the amount set opposite the description of each such lot or parcel of land respectively in said assessment roll. Section 3: That said assessments may be paid in part or in full without interest on or before 4:30 p.m. on November 14, 2017. Any unpaid amount will be certified to Anoka County for collection with the real estate taxes beginning with the taxes payable in the year 2018. The annual principal installments, together with 5% interest accrued on the unpaid balance are due and payable with the real estate taxes for a period of ten years or less as designated on the assessment roll. Section 4: That this Council did hereby determine and re-determine to proceed with said improvement, does ratify and confirm all other proceedings heretofore had in regard to this improvement, and said improvement shall hereafter be known and numbered as Local Improvement numbered 2016-Z2-03-001, Project 1602. Section 5: This resolution shall take effect immediately upon its passage. 26 RESOLUTION NO. 2016-123 A resolution of the City Council for the City of Columbia Heights, Minnesota, WHEREAS, the City Council of Columbia Heights is adopting the assessment roll according to the City Charter for the following local improvements and determining that said improvements have been made and ratifying and conforming all other proceedings, heretofore had: Special Assessment numbered 2016-Z2-03-002: Zone 2 Partial Street Reconstruction on 45th Avenue from Main Street to the dead end at University Avenue, all in project 1607; and, WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 6:15 o’clock p.m. on the 5th day of December, 2016, in the City Council Chambers, 590 40th Avenue NE, Columbia Heights, Minnesota, being the time and place set when and where all persons interested could appear and be heard by the Council with respect to benefits, and to the proportion of the cost of making the local improvements above described, a notice of such hearing having been heretofore duly published as required by law, and a notice mailed to each property owner of record, stating the proposed amount of the assessment; and, WHEREAS, this Council has heretofore estimated and fixed the cost of such local improvements and has prepared an assessment roll therefore, 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 Section 1. That this Council does hereby adopt the aforesaid assessment roll for local improvements known and described as “Zone 2 Partial Street Reconstruction” numbered 2016-Z2-03-002, Project 1607, a copy of which is attached hereto and made a part hereof. Section 2: That this Council hereby finds and determines that each of the lots and parcels of land enumerated in said assessment roll was and is especially benefited by such improvement in an amount not less than the amount set opposite in the column headed “Actual Assessment Amount”. And this Council further finds and determines that the proper proportion of the cost of such improvements to be specially assessed against such lot or parcel of land is the amount set opposite the description of each such lot or parcel of land respectively in said assessment roll. Section 3: That said assessments may be paid in part or in full without interest on or before 4:30 p.m. on November 14, 2017. Any unpaid amount will be certified to Anoka County for collection with the real estate taxes beginning with the taxes payable in the year 2018. The annual principal installments, together with 5% interest 27 accrued on the unpaid balance are due and payable with the real estate taxes for a period of ten years or less as designated on the assessment roll. Section 4: That this Council did hereby determine and re-determine to proceed with said improvement, does ratify and confirm all other proceedings heretofore had in regard to this improvement, and said improvement shall hereafter be known and numbered as Local Improvement numbered 2016-Z2-03-002, Project 1607. Section 5: This resolution shall take effect immediately upon its passage. RESOLUTION NO. 2016-124 A resolution of the City Council for the City of Columbia Heights, Minnesota, WHEREAS, the City Council of Columbia Heights is adopting the assessment roll according to the City Charter for the following local improvements and determining that said improvements have been made and ratifying and conforming all other proceedings, heretofore had: Special Assessment numbered 2016-Z2-44-001: Zone 2 Mill and Overlay on 41st Avenue from Reservoir Boulevard to Stinson Boulevard, all in project 1602; and, WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 6:15 o’clock p.m. on the 5th day of December, 2016, in the City Council Chambers, 590 40th Avenue NE, Columbia Heights, Minnesota, being the time and place set when and where all persons interested could appear and be heard by the Council with respect to benefits, and to the proportion of the cost of making the local improvements above described, a notice of such hearing having been heretofore duly published as required by law, and a notice mailed to each property owner of record, stating the proposed amount of the assessment; and, WHEREAS, this Council has heretofore estimated and fixed the cost of such local improvements and has prepared an assessment roll therefore, 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 Section 1. That this Council does hereby adopt the aforesaid assessment roll for local improvements known and described as “Zone 2 Mill and Overlay” numbered 2016-Z2-44-001, Project 1602, a copy of which is attached hereto and made a part hereof. 28 Section 2: That this Council hereby finds and determines that each of the lots and parcels of land enumerated in said assessment roll was and is especially benefited by such improvement in an amount not less than the amount set opposite in the column headed “Actual Assessment Amount”. And this Council further finds and determines that the proper proportion of the cost of such improvements to be specially assessed against such lot or parcel of land is the amount set opposite the description of each such lot or parcel of land respectively in said assessment roll. Section 3: That said assessments may be paid in part or in full without interest on or before 4:30 p.m. on November 14, 2017. Any unpaid amount will be certified to Anoka County for collection with the real estate taxes beginning with the taxes payable in the year 2018. The annual principal installments, together with 5% interest accrued on the unpaid balance are due and payable with the real estate taxes for a period of ten years or less as designated on the assessment roll. Section 4: That this Council did hereby determine and re-determine to proceed with said improvement, does ratify and confirm all other proceedings heretofore had in regard to this improvement, and said improvement shall hereafter be known and numbered as Local Improvement numbered 2016-Z2-44-001, Project 1602. Section 5: This resolution shall take effect immediately upon its passage. 29 30 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS PUBLIC IMPROVEMENT HEARING DECEMBER 5, 2016 The following are the minutes for the Public Improvement Hearing meeting of the City Council held at 6:30 PM on Monday December 5, 2016 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota 1.CALL TO ORDER Council President Nawrocki called the meeting to order at 6:43 p.m. 2.ROLL CALL Present: Council President Nawrocki, Councilmembers Williams, Schmitt and Murzyn, Jr. Also Present: Walt Fehst; City Manager, Kevin Hansen; Public Works Director, Kathy Young; Assistant City Engineer, Katie Bruno; City Clerk/Council Secretary 3.SPECIAL ASSESSMENT LEVY HEARING: 2016 STATE AID STREET REHABILITATION PROGRAM – MILL AND OVERLAY A. Street Rehabilitation Project 1)Presentation of Information on State Aid Street Rehabilitation Project by Staff Director of Public Works Kevin Hansen gave an overview of the project. Assessment rates are subsidized because these are State Aid roads. Hansen noted there was a publication notice error, resulting in no interest due until November 14, 2017. 2)Questions and Comments on Street Rehabilitation Project B. Close the Public Hearing Motion by Councilmember Schmitt, seconded by Councilmember Murzyn, Jr. to close the Public Hearing of the 2016 State Aid Street Rehabilitation, Project Number 1605. All Ayes, Motion Carried. C. Consideration of Resolution Motion by Councilmember Schmitt, seconded by Councilmember Murzyn, Jr. to waive the reading of Resolution 2016-125, there being ample copies available for the public. All Ayes, Motion Carried. Motion by Councilmember Schmitt, seconded by Councilmember Murzyn, Jr. to adopt Resolution 2016-125 being a resolution levying and adopting the assessment for 2016 State Aid Street Rehabilitation – Mill and Overlay, Project 1605 and changing the interest rate to 3.5%. All Ayes, Motion Carried. All Ayes, Motion Carried. 31 4.ADJOURNMENT Meeting adjourned at 6:45 p.m. ______________________ Respectively Submitted, Katie Bruno, Council Secretary/City Clerk RESOLUTION NO. 2016-125 A resolution of the City Council for the City of Columbia Heights, Minnesota, WHEREAS, the City Council of Columbia Heights is adopting the assessment roll according to the City Charter for the following local improvements and determining that said improvements have been made and ratifying and conforming all other proceedings, heretofore had: Special Assessment numbered 2016-SA-44-001: State Aid Mill and Overlay on Jefferson Street from 40th Avenue to 44th Avenue, all in project 1605; and, WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 6:30 o’clock p.m. on the 5th day of December, 2016, in the City Council Chambers, 590 40th Avenue NE, Columbia Heights, Minnesota, being the time and place set when and where all persons interested could appear and be heard by the Council with respect to benefits, and to the proportion of the cost of making the local improvements above described, a notice of such hearing having been heretofore duly published as required by law, and a notice mailed to each property owner of record, stating the proposed amount of the assessment; and, WHEREAS, this Council has heretofore estimated and fixed the cost of such local improvements and has prepared an assessment roll therefore, 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 Section 1. That this Council does hereby adopt the aforesaid assessment roll for local improvements known and described as “State Aid Mill and Overlay” numbered 2016-SA-44-001, Project 1605, a copy of which is attached hereto and made a part hereof. 32 Section 2: That this Council hereby finds and determines that each of the lots and parcels of land enumerated in said assessment roll was and is especially benefited by such improvement in an amount not less than the amount set opposite in the column headed “Actual Assessment Amount”. And this Council further finds and determines that the proper proportion of the cost of such improvements to be specially assessed against such lot or parcel of land is the amount set opposite the description of each such lot or parcel of land respectively in said assessment roll. Section 3: That said assessments may be paid in part or in full without interest on or before 4:30 p.m. on November 14, 2017. Any unpaid amount will be certified to Anoka County for collection with the real estate taxes beginning with the taxes payable in the year 2018. The annual principal installments, together with 3.5% interest accrued on the unpaid balance are due and payable with the real estate taxes for a period of ten years or less as designated on the assessment roll. Section 4: That this Council did hereby determine and re-determine to proceed with said improvement, does ratify and confirm all other proceedings heretofore had in regard to this improvement, and said improvement shall hereafter be known and numbered as Local Improvement numbered 2016-SA-44-001, Project 1605. Section 5: This resolution shall take effect immediately upon its passage. 33 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS PUBLIC IMPROVEMENT HEARING DECEMBER 5, 2016 The following are the minutes for the Public Improvement Hearing meeting of the City Council held at 6:45 PM on Monday December 5, 2016 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota 1.CALL TO ORDER Council President Nawrocki called the meeting to order at 6:46 p.m. 2.ROLL CALL Present: Council President Nawrocki, Councilmembers Williams, Schmitt and Murzyn, Jr. Also Present: Walt Fehst; City Manager, Kevin Hansen; Public Works Director, Kathy Young; Assistant City Engineer, Katie Bruno; City Clerk/Council Secretary 3.SPECIAL ASSESSMENT LEVY HEARING: 2016 STATE AID STREET REHABILITATION PROGRAM – FULL STREET RECONSTRUCTION A. Street Rehabilitation Project 1)Presentation of Information on State Aid Street Rehabilitation Project by Staff Director of Public Works Kevin Hansen gave an overview of the project, indicating it was a complete reconstruction of Stinson Blvd, including new water main, sanitary sewer repairs and new storm sewer, along with a trail and street lighting. Only the street portion was assessed; following the state aid assessment policy. The final wear course will be completed in spring of 2017. 2)Questions and Comments on Street Rehabilitation Project B. Close the Public Hearing Motion by Councilmember Schmitt, seconded by Councilmember Williams to close the Public Hearing of the 2016 State Aid Street Rehabilitation, Project Number 1508. All Ayes, Motion Carried. C. Consideration of Resolution Motion by Councilmember Schmitt, seconded by Councilmember Williams to waive the reading of Resolution 2016-126, there being ample copies available for the public. All Ayes, Motion Carried. Motion by Councilmember Schmitt, seconded by Councilmember Williams to adopt Resolution 2016-126 being a resolution levying and adopting the assessment for 2016 State 34 Aid Street Rehabilitation – Full Street Reconstruction, Project 1508 and changing the interest rate to 3.5%. All Ayes, Motion Carried. 4.ADJOURNMENT Meeting adjourned at 6:48 p.m. ______________________ Respectively Submitted, Katie Bruno, Council Secretary/City Clerk RESOLUTION NO. 2016-126 A resolution of the City Council for the City of Columbia Heights, Minnesota, WHEREAS, the City Council of Columbia Heights is adopting the assessment roll according to the City Charter for the following local improvements and determining that said improvements have been made and ratifying and conforming all other proceedings, heretofore had: Special Assessment numbered 2016-SA-02-001: Full Street Reconstruction on Stinson Boulevard from 37th Avenue to Silver Lane (St. Anthony), all in project 1508; and, WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 6:45 o’clo ck p.m. on the 5th day of December, 2016, in the City Council Chambers, 590 40th Avenue NE, Columbia Heights, Minnesota, being the time and place set when and where all persons interested could appear and be heard by the Council with respect to benefits, and to the proportion of the cost of making the local improvements above described, a notice of such hearing having been heretofore duly published as required by law, and a notice mailed to each property owner of record, stating the proposed amount of the assessment; and, WHEREAS, this Council has heretofore estimated and fixed the cost of such local improvements and has prepared an assessment roll therefore, 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 Section 1. That this Council does hereby adopt the aforesaid assessment roll for local improvements known and described as “State Aid Full Street Reconstruction” 35 numbered 2015-SA-02-001, Project 1508, a copy of which is attached hereto and made a part hereof. Section 2: That this Council hereby finds and determines that each of the lots and parcels of land enumerated in said assessment roll was and is especially benefited by such improvement in an amount not less than the amount set opposite in the column headed “Actual Assessment Amount”. And this Council further finds and determines that the proper proportion of the cost of such improvements to be specially assessed against such lot or parcel of land is the amount set opposite the description of each such lot or parcel of land respectively in said assessment roll. Section 3: That said assessments may be paid in part or in full without interest on or before 4:30 p.m. on November 14, 2017. Any unpaid amount will be certified to Anoka County for collection with the real estate taxes beginning with the taxes payable in the year 2018. The annual principal installments, together with 3.5% interest accrued on the unpaid balance are due and payable with the real estate taxes for a period of fifteen years or less as designated on the assessment roll. Section 4: That this Council did hereby determine and re-determine to proceed with said improvement, does ratify and confirm all other proceedings heretofore had in regard to this improvement, and said improvement shall hereafter be known and numbered as Local Improvement numbered 2016-SA-02-001, Project 1508. Section 5: This resolution shall take effect immediately upon its passage. 36 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS PUBLIC IMPROVEMENT HEARING DECEMBER 5, 2016 The following are the minutes for the Public Improvement Hearing meeting of the City Council held at 7:00 PM on Monday December 5, 2016 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota 1.CALL TO ORDER Council President Nawrocki called the meeting to order at 7:00 p.m. 2.ROLL CALL Present: Council President Nawrocki, Councilmembers Williams, Schmitt and Murzyn, Jr. Also Present: Walt Fehst; City Manager, Kevin Hansen; Public Works Director, Kathy Young; Assistant City Engineer, Katie Bruno; City Clerk/Council Secretary 3.PUBLIC IMPROVEMENT HEARING: 2017 SEAL COAT PROGRAM A. Street Seal Coat Project 1)Presentation of Information on Seal Coat Project by Staff Director of Public Works Kevin Hansen explained seal coating will help in extended the life of the streets. The program area is Zone 1; 37th Ave. (South) Central Ave (West), Reservoir Blvd. (East) and 47th Ave. (North). 2)Questions and Comments on Seal Coat Project B. Close the Public Hearing Motion by Councilmember Schmitt, seconded by Councilmember Williams to close the Public Hearing of the 2017 Street Seal Coat, Project 1601. All Ayes, Motion Carried. C. Consideration of Resolution Motion by Councilmember Williams, seconded by Councilmember Schmitt to waive the reading of Resolution 2016-127, there being ample copies available for the public. All Ayes, Motion Carrried. Motion by Councilmember Williams, seconded by Councilmember Schmitt to adopt Resolution 2016-127 being a resolution ordering improvement and preparation of plans for Zone 1 Street Seal Coating, City Project 1601. All Ayes Motion Carried. 4.ADJOURNMENT Meeting adjourned at 7:05 p.m. ______________________ Respectively Submitted, Katie Bruno, Council Secretary/City Clerk 37 RESOLUTION NO. 2016-127 A resolution of the City Council for the City of Columbia Heights, Minnesota, Whereas, pursuant to Resolution 2016-101, adopted by the City Council on October 24, 2016, fixed a date for a Council hearing on the proposed improvements in the Zone 1 area bounded by Central Avenue and Reservoir Boulevard/Johnson Street from 37th Avenue to 47th Avenue, and Whereas, ten days’ mailed notice and two published notices of the hearing a week apart were given, and the hearing was held thereon the 5th day of December, 2016, at which time all persons desiring to be heard were given an opportunity to be heard thereon, and Whereas, the Council determines to proceed with this local improvement, a portion of the cost being defrayed by special assessments under Charter provisions, 1601 SEAL COAT That the location and extent of such improvements is as follows: Peters Place Gould Avenue to Reservoir Boulevard Gould Avenue Central Avenue to Reservoir Boulevard 41st Avenue Dead end to Reservoir Boulevard 42nd Avenue Central Avenue to Reservoir Boulevard 42½ Avenue West cul-de-sac to East cul-de-sac 43rd Avenue Central Avenue to McLeod Street Fillmore Street 42nd Avenue to 42½ Avenue Pierce Street 42½ Avenue to 43½ Avenue McLeod Street Reservoir Boulevard to 45th Avenue Royce Street McLeod Street to 44th Avenue Leander Lane Royce Street to 44th Avenue 45½ Avenue Fillmore Street to Cul-de-sac 46th Avenue Central Avenue to Fillmore Street 47th Avenue Fillmore Street to Johnson Street Tyler Street 45th Avenue to 47th Avenue Polk Street 45th Avenue to 47th Avenue Taylor Street 45th Avenue to 47th Avenue Fillmore Street 45th Avenue to 46th Avenue Pierce Street 46th Avenue to 47th Avenue Parkview Lane 46th Avenue to 46th Avenue Johnson Street 46th Avenue to 47th Avenue Work includes spot concrete curb and gutter replacement, edge milling, bituminous surface patching and seal coat application. 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 Such improvement is necessary, cost-effective and feasible as detailed in the feasibility report. Such improvement is hereby ordered as proposed in the Council Resolution adopted the 24rd day of October, 2016. 38 These improvements shall also be known as Project No. 1601 and PIR: 2017-Z1-01-001. The City Engineer, Kevin Hansen, is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. 39 MINUTES OF PLANNING AND ZONING COMMISSION DECEMBER 6, 2016 7:00 PM The meeting was called to order at 7:00 pm by Chair Szurek. Commission Members present- Buesgens, Fiorendino, Hoium, and Szurek. Members absent: Schill Also present were Elizabeth Holmbeck (Planner), and Shelley Hanson (Secretary) along with Council Liaison, John Murzyn. Motion by Buesgens, seconded by Hoium, to approve the minutes from the meeting of November 1, 2016. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NO.: 2016-1201 APPLICANT: Thomas Brama LOCATION: 4400 Stinson Blvd REQUEST: Preliminary/Final Plat Holmbeck stated that a few months ago, Brama sought approval for a Plat that proposed 7 lots, that was later approved for 6. At this time, Thomas Brama has requested a revised Preliminary and Final Plat 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 five 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 4 new single family residential homes on the remaining newly created lots. 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), (M) of the Zoning Ordinance outlines conditions that must be met in order for the City to grant a Preliminary and Final Plat. They are as follows: 40 P & Z Minutes Page 2 December 6, 2016 (a) The proposed preliminary plat conforms with the requirements of § 9.115. The proposed Preliminary Plat meets the requirements of the Subdivision Ordinance (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. The proposed subdivision meets the City’s requirements in terms of lot dimension and lot width. (d) The Final Plat substantially conforms to the corresponding Preliminary Plat. This is correct. Staff recommends that the Planning and Zoning Commission recommend approval of the proposed Preliminary and Final Plat for the property located at 4400 Stinson Boulevard NE. Questions from Members: The members had no questions at this time. Public Hearing Opened. Szurek asked people who wished to speak to limit their comments to 3-5 minutes and to provide their name and address for the record. Scott & Kathy Weckwerth from 4417 Benjamin St said they live right behind the site. They purchased their home there because of the large wooded lots in the neighborhood. They enjoy the quiet, natural surroundings they have, and believe the addition of 4 homes on that site will change the entire neighborhood, and will also detract from the adjoining Park/beach area that serves surrounding communities. She said most people in the area have double lots and if everyone decides to split their lots and develop them, it will change the natural look of the area which is hard to find in a City setting, and possibly affect the values of the properties in the area. Szurek told them the owner has met all the requirements of the City Codes and Comprehensive Plan and it is his right to develop the property as he wishes, as it would be the right of any owner who can meet those same requirements. She stated that there is never a guarantee that properties, or a view, will stay the same. Szurek asked the owner, Tom Brama, what improvements he has made to the existing home. He said he put in new windows, heating system, and remodeled the interior. He still has to replace the siding and also has to run a new sewer line to the house as the existing one has collapsed. Brama told members he plans on living in that house once he gets that done. 41 P & Z Minutes Page 3 December 6, 2016 Public Hearing Closed. Fiorendino told the audience that the Planning & Zoning Commission is a recommending body only and that the City Council is the approving body for this case. The Commission reviews the facts to ensure it meets the Codes and requirements in place and makes a recommendation based only on that. Szurek confirmed that their job is to make a recommendation based on what the present rules are in relation to the request. Hoium asked Holmbeck what the minimum lot size is. She stated it is 8,400 sf and the new proposed lots will be 12,000+ sf. Motion by Fiorendino , seconded by Buesgens, to waive the reading of Resolution No. 2016-119, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Fiorendino, seconded by Buesgens, that the Planning and Zoning Commission recommends the City Council approve the Preliminary and final Plat, 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.Before a building permit can be issued, the applicant shall meet the requirements outlined in the attached report from the Public Works Director/City Engineer, dated November 23, 2016. 3.The private driveway will need to be constructed to hold the weight of a fire vehicle, approximately 45,000 to 50,000 lbs. Construction plans for the driveway must be approved by the Fire Chief. 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 to the City Council 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. All ayes. MOTION PASSED. The following Resolution will go to the City Council December 12, 2016. RESOLUTION NO. 2016-119 A resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Preliminary Plat and Final Plat for Thomas Brama for the property located at 4400 Stinson Blvd. NE. 42 Whereas, a proposal (Case # 2016-1201) has been submitted by Thomas Brama to the City Council requesting Preliminary Plat Approval from the City of Columbia Heights at the following site: P & Z Minutes Page 4 December 6, 2016 ADDRESS: 4400 Stinson Blvd. NE. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING: Preliminary Plat and Final Plat Approval per Code Section 9.104 (L) (M). Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on December 6th, 2016; Whereas, the City Council has considered the advice and recommendations of the Planning and Zoning Commission regarding the effect of the proposed Preliminary Plat and Final Plat upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT Section 9.104 (L) (M) of the Zoning Ordinance outlines conditions that must be met in order for the City to grant a Preliminary and Final Plat. They are as follows: (a) The proposed Preliminary Plat conforms to the requirements of City Code Section 9.115. (b) The proposed Subdivision is consistent with the Comprehensive Plan. (c) The proposed Subdivision contains parcel and land subdivision layout that is consistent with good planning and site engineering design principles. (d) The Final Plat substantially conforms to the corresponding Preliminary Plat. Further, be it resolved, that the attached plans, maps, and other information shall become part of this Preliminary Plat and Final Plat Approval; and in granting approval the City and the applicant agree that the Plat 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. CONDITIONS 1.All required state and local codes, permits, licenses and inspections will be met and in full compliance. 2.Before a building permit can be issued, the applicant shall meet the requirements outlined in the attached report from the Public Works Director/City Engineer, dated November 23, 2016. 3.The private driveway will need to be constructed to hold the weight of a fire vehicle, approximately 45,000 to 50,000 lbs. Construction plans for the driveway must be approved by the Fire Chief. 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 to the City Council 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. 43 P & Z Minutes Page 5 December 6, 2016 CASE NUMBER: 2016-1202 APPLICANT: Indigo Sign Works, Holiday Station Stores DEVELOPMENT: Monument Sign for Gas Station LOCATION: 4259 Central Avenue NE. REQUEST: Conditional Use Permit-Dynamic LED Sign Holmbeck explained that Indigo Sign Works on behalf of Holiday Station Stores is requesting a Conditional Use Permit per Code Section 9.106 (P) (13) (C) to allow a dynamic light emitting diode (LED) sign in conjunction with a commercial establishment for the property located at 4259 Central Avenue NE. Holiday Station Stores is repainting the building and canopy on the site to reflect the store’s modern look. The current white will be replaced with a light beige color and the pylon sign will be removed. The applicant is requesting to replace the pylon sign with a monument sign, which will include an LED component which will allow the business to display business related advertising. A dynamic LED sign would include any components of a sign that appear to have movement or that appear to change, caused by a method other than physically removing and replacing the sign or its components. This also includes any moving, flashing, blinking or animated display and any display that incorporates LED lights manipulated through digital input, “digital ink” or any other method or technology that allows the sign face to present a series of images or displays. ZONING ORDINANCE The property located at 4259 Central Avenue NE is zoned GB, General Business. The properties to the north, south and west are zoned General Business and Limited Business, and the properties to the east are zoned One and Two Family Residential. Dynamic LED signs are permitted in the General Business Zoning District as a Conditional Use in conjunction with a commercial establishment. A rendering of the proposed sign, and location map is attached for review. COMPREHENSIVE PLAN The Comprehensive Plan designates this property for commercial uses. The proposed sign is consistent with the types of uses guided for this zoning district. 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 following standards are specific design requirements for signs in the Design Guideline Overlay District: Signs should be architecturally compatible with the style, composition, materials, colors and details of the building, and with other signs on nearby buildings. Signs should be an integral part of the building and site design. Wall and projecting signs should be positioned so they are an integral design feature of the building, and to complement and enhance the building’s architectural features. Signs should not obscure or destroy architectural details such as stone arches, glass transom panels, or decorative brickwork. 44 P & Z Minutes Page 6 December 6, 2016 Signs may be placed: •In the horizontal lintel above the storefront windows •Within window glass, provided that no more than 25 percent of any individual window is obscured •Projecting from the building •As part of an awning •In areas where signs were historically attached Wall signs should generally be rectangular. In most cases, the edges of signs shall include a raised border that sets the sign apart from the building. Individual raised letters set onto the sign area surface are also preferred. Projecting signs may be designed in a variety of shapes. Sign colors shall be compatible with the building facade to which the sign is attached. No more than three colors should be used per sign, unless part of an illustration. To ensure the legibility of the sign, a high degree of contrast between the background and letters is preferable. A combination of soft/neutral shades and dark/rich shades are encouraged. Sign materials should be consistent or compatible with the original construction materials and architectural style of the building facade on which they are to be displayed. Natural materials such as wood and metal are more appropriate than plastic. Neon signs may be appropriate for windows. External illumination of signs is permitted by incandescent, metal halide or fluorescent light that emits a continuous white light. Light shall not shine directly onto the ground or adjacent buildings. Neon signs are permitted. Internally lit box signs and awnings are not permitted, with the exception of theater marquees. Variable electronic message signs are not permitted, with the exception of existing time/temperature signs. Ground or monument signs are encouraged rather than pylon signs. Sign materials, colors and architectural detailing should be similar to those of the principal building. The area around the base of the sign should be landscaped. FINDINGS OF FACT Section 9.104 (H) of the Zoning Ordinance outlines nine conditions that must be met in order for the City Council to grant a Conditional Use Permit. They are as follows: (a) The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. Dynamic LED signs are specifically listed as a Conditional Use in the GB, General Business Zoning District. (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan designates this area for commercial uses. The use is consistent with the intent of the Comprehensive Plan as the sign is proposed for a commercial establishment. (c) The use will not impose hazards or disturbing influences on neighboring properties. 45 The proposed use will not result in any additional noise and should not disrupt neighboring properties. In order to mitigate any potential disturbances, the City’s Zoning Code outlines specific development standards that address the operation of dynamic LED signs. P & Z Minutes Page 7 December 6, 2016 (d) The use will not substantially diminish the use of the property in the immediate vicinity. The use of property in the immediate vicinity will not be diminished by the placement of an LED sign at 4259 Central Avenue NE. (e) The use will be designed, constructed, operated, and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. The applicant will have to abide by specific development standards as they relate to LED signs. These standards will help ensure compatibility with the appearance of the existing surrounding area. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. This is correct (g) Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. The use of a dynamic LED sign at this location is not anticipated to affect traffic. (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. The dynamic LED sign will have to adhere to specific development standards. It is intended that the use will not cause a negative cumulative effect. (i) The use complies with all other applicable regulations for the districts in which it is located. This is correct. Staff recommends that the Planning and Zoning Commission recommend approval of the Conditional Use Permit for the proposed dynamic LED sign for Holiday Station stores, located at 4259 Central Avenue NE. Questions from Members: Hoium asked if the new sign would interfere with vehicles turning off 43rd Ave. Holmbeck told members that Condition #9 addresses this matter. She showed members a map of the area depicting a 30 foot sight triangle to prevent visual obstructions, and she stated that the Sign Contractor is also aware of this. Holmbeck told members that she will make sure the Building Official also checks on this when he does his footing inspection before the sign is actually placed to ensure compliance. Fiorendino asked when construction of the sign would take place. The contractor stated they will proceed as soon as it is approved by the City Council on December 12th. He also assured members that the new sign will be placed further away from the street than the existing sign is. 46 Szurek reiterated that she doesn’t want the new sign blocking visibility of vehicles turning south off 43rd Ave. P & Z Minutes Page 8 December 6, 2016 Public Hearing Opened. No one wished to speak on this matter. Public Hearing Closed. Motion by Buesgens, seconded by Fiorendino, to close the public hearing and waive the reading of Resolution 2016-120, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Buesgens, seconded by Fiorendino, that the Planning and Zoning Commission recommends the City Council approve the Resolution No. 2016-120 for a Conditional Use Permit for a proposed dynamic LED sign for the property located at 4259 Central Avenue NE., subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1.Dynamic LED signs are allowed only on monument signs for conditionally permitted uses in all zoning districts, with the exception of the PO, Public District, in which LED signage may be utilized in existing pylon signs. Motor fuel stations may display dynamic LED signs as part of the pylon sign to promote motor fuel prices only. Such motor fuel price signs do not require a conditional use permit. All dynamic LED signs may occupy no more than 60% of the actual copy and graphic area. The remainder of the sign must not have the capability to have dynamic LED signs, even if not used. Only one, contiguous dynamic display area is allowed on a sign face. 2.A dynamic LED sign may not change or move more often than once every ten seconds for commercial, industrial uses, or public uses, and no more than once every ten minutes for religious and/or educational institution uses, except one for which changes are necessary to correct hour-and-minute, date, or temperature information. 3.A display of time, date or temperature information may change as frequently as once every five seconds, however information displayed not relating to the date, time or temperature must not change or move more often than once every ten seconds for commercial, industrial uses, or public uses, and no more than once every ten minutes for religious and/or educational institution uses. 4.The images and messages displayed must be static, and the transition from one state display to another must be instantaneous without any special effects. Motion, animation and video images are prohibited on dynamic LED sign displays. 5.The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign. 47 6.Dynamic LED signs must be designed and equipped to freeze the device in one position if a malfunction shall occur. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the city that it is not complying with the standards of this section. P & Z Minutes Page 9 December 6, 2016 7.Dynamic LED signs may not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign's face at maximum brightness. Dynamic LED signs must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one-half hour before sunset and one half-hour after sunrise. 8.Dynamic LED signs existing on the effective date of Ordinance 1593, passed April 25, 2011, must comply with the operational standards listed above. An existing dynamic LED sign that does not meet the structural requirements may continue as a non-conforming sign subject to § 9.105(E). 9.Traffic visibility. No planting, structure or other obstruction shall be placed or allowed to grow on corner lots in a manner that will impede vision on the intersecting rights-of-way, in accordance with the following sight triangle: No planting or structure in excess of 30 inches above the abutting curb line shall be permitted within the sight triangle, defined as the area beginning at the intersection of the projected curb line of two intersecting streets, then 30 feet along one curb line, diagonally to a point 30 feet from the point of beginning on the other curb line, then back to a point of beginning. A Site Triangle Map is attached. The Building Official or City Planner will conduct a site inspection at the time a building permit and sign permit is issued to ensure compliance. All Ayes. MOTION PASSED. The following Resolution will go to the City Council December 12, 2016. RESOLUTION NO. 2015-120 A Resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Conditional Use Permit for a dynamic LED sign for Holiday Station Stores located at 4259 Central Avenue NE. Whereas, a proposal (Case # 2016-1202) has been submitted by Indigo Sign Works on behalf of Holiday Station Stores to the City Council requesting a Conditional Use Permit from the City of Columbia Heights at the following site: ADDRESS: 4259 Central Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING: A Conditional Use Permit per Code Section 9.106 (P) (13) (c), to allow a dynamic LED sign to be located in the General Business Zoning District. Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on December 6th, 2016; Whereas, the City Council has considered the advice and recommendations of the Planning and Zoning Commission regarding the effect of the proposed Conditional Use Permit upon the health, safety, and welfare of the community and its 48 Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; Now, therefore, 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: P & Z Minutes Page 10 December 6, 2016 FINDINGS OF FACT (a) The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. (c) The use will not impose hazards or disturbing influences on neighboring properties. (d) The use will not substantially diminish the use of the property in the immediate vicinity. (e) The use will be designed, constructed, operated, and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. (g) Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. (i) The use complies with all other applicable regulations for the districts in which it is located. Further, be it resolved, that the attached plans, maps, and other information shall become part of this Conditional Use Permit and approval; and in granting this Conditional Use Permit the City and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. The Conditional Use Permit is subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: CONDITIONS 1.Dynamic LED signs are allowed only on monument signs for conditionally permitted uses in all zoning districts, with the exception of the PO, Public District, in which LED signage may be utilized in existing pylon signs. Motor fuel stations may display dynamic LED signs as part of the pylon sign to promote motor fuel prices only. Such motor fuel price signs do not require a conditional use permit. All dynamic LED signs may occupy no more than 60% of the actual copy and graphic area. The remainder of the sign must not have the capability to have dynamic LED signs, even if not used. Only one, contiguous dynamic display area is allowed on a sign face. 2.A dynamic LED sign may not change or move more often than once every ten seconds for commercial, industrial uses, or public uses, and no more than once every ten minutes for religious and/or educational institution uses, except one for which changes are necessary to correct hour-and-minute, date, or temperature information. 3.A display of time, date or temperature information may change as frequently as once every five seconds, however information displayed not relating to the date, time or temperature must not change or move more often than once every ten seconds for commercial, industrial uses, or public uses, and no more than once every ten minutes for religious and/or educational institution uses. 49 4 The images and messages displayed must be static, and the transition from one state display to another must be instantaneous without any special effects. Motion, animation and video images are prohibited on dynamic LED sign displays. 5.The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign. P & Z Minutes Page 11 December 6, 2016 6.Dynamic LED signs must be designed and equipped to freeze the device in one position if a malfunction shall occur. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the city that it is not complying with the standards of this section. 7.Dynamic LED signs may not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign's face at maximum brightness. Dynamic LED signs must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one-half hour before sunset and one half-hour after sunrise. 8.Dynamic LED signs existing on the effective date of Ordinance 1593, passed April 25, 2011, must comply with the operational standards listed above. An existing dynamic LED sign that does not meet the structural requirements may continue as a non-conforming sign subject to § 9.105(E). 9.Traffic visibility. No planting, structure or other obstruction shall be placed or allowed to grow on corner lots in a manner that will impede vision on the intersecting rights-of-way, in accordance with the following sight triangle: No planting or structure in excess of 30 inches above the abutting curb line shall be permitted within the sight triangle, defined as the area beginning at the intersection of the projected curb line of two intersecting streets, then 30 feet along one curb line, diagonally to a point 30 feet from the point of beginning on the other curb line, then back to a point of beginning. A Site Triangle Map is attached. The Building Official or City Planner will conduct a site inspection at the time a building permit and sign permit is issued to ensure compliance. CASE NO: 2016-1203 APPLICANT: 500, LLC., Property Owner LOCATION: 3989 Central Avenue, 3889 Central Avenue, 950 40th Avenue REQUEST: Zoning Amendment-Rezoning Holmbeck told members that 500 LLC., owner of the property at 3989 Central Avenue NE. has petitioned the City of Columbia Heights to change the zoning designation of site from ‘Central Business’ to ‘Mixed Use’. This change would accommodate the relocation of Prodeo Academy to the site. Prodeo Academy, a kindergarten – fourth grade charter school currently located within First Lutheran Church, would occupy a portion of the first and second floors, and the entire third floor, serving as an anchor tenant in the building. Nancy Aleksuk, representative of the owner, states that retail and commercial uses are anticipated for the Central Avenue-facing portion of the first floor of the building, and that commercial office users are anticipated to occupy upper-stories of the building. Aleksuk anticipates bringing exterior renderings of the property before the Planning and Zoning Commission in early 2017 as part of the official Site Plan approval process. 50 FINDINGS OF FACT Section 9.104(F)(5) requires four findings of fact to be made when a zoning amendment petition is made. The findings of fact are as follows: (a) The amendment is consistent with the Comprehensive Plan P & Z Minutes Page 12 December 6, 2016 The Comprehensive Plan guides this area for “Commercial”. It has been repeatedly demonstrated throughout the Twin Cities Metropolitan Area that mixed use zoning is consistent with, and primarily comprised of, commercial development. In Columbia Heights, mixed use zoning permits residential, commercial and institutional uses. Currently, both commercial and residential uses are permitted on this property. (b) The amendment is in the public interest and is not solely for the benefit of a single property owner. The Northeast Business Center is the largest commercial building in Columbia Heights, and serves as an anchor for our downtown area. The building is unique in that it is the only multi-story, non-residential building along the Central Avenue corridor. Allowing a mix of uses to facilitate occupancy and redevelopment of the building is in the public’s interest. (C) Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. Unfortunately, the building is currently vacant and not in use. The proposed redevelopment will include only uses that are permissible within the Mixed Use Zoning District. (D) Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in its current zoning classification. Increasingly, multi-story buildings are including a wide variety of users, including educational institutions. In fact, an educational institution had occupied this building (despite an inconsistency with the Central Business Zoning classification) in the past. Staff recommends that the Planning and Zoning Commission recommend approval of the proposed rezoning of the property located at 3989 Central Avenue, 3889 Central Avenue, 950 40th Avenue, based on the aforementioned findings of fact. Questions from members; Buesgens said she thinks a Mixed Use Zoning is appropriate for this site. She thinks it will draw other business to the area. She does, however, have concerns about the cars and buses that will line up to drop off and pick up students. She said she believes this will cause congestion on Central and 40th Avenue which are both very busy at that time of day. 51 Holmbeck said staff had the same concerns also, but re-zoning the property to Mixed Use probably makes the best sense long term for this corner. She told members that the owner will need to provide detailed information on how they will address the increased traffic due to parents and buses, as well as where the loading and unloading zone will be as part of their Site Plan approval process. The Re-zoning opens up the building for other possibilities as it will add permitted uses from the General Business District, the Limited Business District, as well as the existing Central Business District. She explained that it allows for office use, retail, as well as educational/institutional, and that the site must have at least two of these uses. P & Z Minutes Page 13 December 6, 2016 Fiorendino asked what the Mall to the north is zoned. Holmbeck told him it was zoned Central Business District as are most of the properties along Central from 39th to 42nd Avenue. Fiorendino asked what the history of the property has been for commercial use. Holmbeck said it was originally used as office space and the entire building had been leased out. However, over time tenants moved out and other uses were added, but it is now outdated and is entirely vacant since NE Bank moved out. Fiorendino said he has concerns about putting a school in there for a variety of reasons. He asked Holmbeck to again explain the process they will need to go through in order for that to happen. Holmbeck said the owners will need to go through the Site Plan process, whereby they will need to provide renderings of all interior and exterior changes, information about where office space will be located, where retail space would be located and specific information about play areas, ingress and egress of the occupants, as well as traffic patterns, parking, etc. This will all be reviewed by the Commission for approval of the Site Plan. Szurek said she travels near 41st Avenue & Tyler where the school is presently located and noted how congested it is during drop off and pick up times. She said she believes it will be worse at this site since Central and 40th Ave are both busy streets. She doesn’t feel buildings such as these, or spaces in malls, are appropriate locations for schools because they lack room for buses and play areas for kids. Szurek stated she doesn’t understand why schools want to locate in these types of facilities. She understands the building owner wanting to fill the building, but doesn’t think this is a good use. The activity and noise generated are not conducive to attracting other office or retail tenants. Public Hearing Opened. Randy Valtinson from 5027 7th Street said if they meet the rules he would like to see the building occupied and updated. Joe Mack from 3943Van Buren said the businesses that were in that building left because they didn’t like the Alternative School that was located there. They got tired of the kids hanging out in areas around the building and felt it had an impact on the employees and patrons of the other businesses. Nancy Aleksuk from 500 LLC and Swervo Development was present to answer questions. Rick from Prodeo Academy was also present to address questions regarding the relocation of the school. They said they plan to use the alley at the back of the building for the school buses and parents to drop off or pick up students. Szurek said the plan looks good on paper, but doesn’t believe they will be able to control where parents park to do this. They will pull up wherever they can and it will only add to the congestion at that intersection at the most congested times of the day. Aleksuk said they believe they have enough room in the alley to stack 4 buses, plus vehicles. Szurek said she doesn’t feel that is a safe plan to have kids walking in between vehicles and buses, plus it would block the alleyway which she thought was a public access. 52 Beusgens agreed that traffic will be an issue if a school is placed in this building, especially if they plan on expanding. Fiorendino asked what other uses would be permitted in this building. Holmbeck again told members that office space, retail, and institutional business uses that are now permitted in General Business, Limited Business, or Central Business Districts. P & Z Minutes Page 14 December 6, 2016 Public Hearing Closed. Motion by Buesgens, seconded by Fiorendino, to waive the reading of Resolution No. 2016-108, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Buesgens, seconded by Fiorendino, that the Planning and Zoning Commission recommends the City Council approve Resolution No. 2016-108, rezoning the property located at 3989 Central Avenue, 3889 Central Avenue, 950 40th Avenue from ‘Central Business’ to ‘Mixed Use’. All ayes. MOTION PASSED. The following Resolution will go to the City Council December 12, 2016. RESOLUTION NO. 2016-108 A Resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Zoning Amendment for the property located at 3989 Central Avenue, 3889 Central Avenue, 950 40th Avenue Whereas, a proposal (Case # 2016-1203) has been submitted by 500, LLC to the City Council requesting a Zoning Amendment from the City of Columbia Heights at the following site: ADDRESS: 3989 Central Avenue, 3889 Central Avenue, 950 40th Avenue LEGAL DESCRIPTION: On file at City Hall. REQUEST: Zoning Amendment (rezoning). Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on December 6th, 2016; Whereas, the City Council has considered the advice and recommendations of the Planning and Zoning Commission regarding the effect of the proposed Rezoning upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; Now, therefore, 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 (a) The amendment is consistent with the Comprehensive Plan 53 (b) The amendment is in the public interest and is not solely for the benefit of a single property owner. (c) Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. (d) Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in its current zoning classification. P & Z Minutes Page 15 December 6, 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 hereby rezones the property at 3989 Central Avenue, 3889 Central Avenue, 950 40th Avenue to “Mixed Use”. OTHER BUSINESS 1.Vacancy on the Planning & Zoning Commission. Since Connie Buesgens has been elected to the City Council her seat will be vacated after she is sworn in at the January 9th Council meeting. Applications will be taken, interviews held, and a new member will be appointed sometime in January or February. 2.Buesgens asked if the City has a tool to measure illumination of LED signs. Since we are getting more and more of these, she felt it is important to have a tool so that Staff can make sure they are in compliance. The other members agreed that staff should look into obtaining one. Holmbeck said shew ill bring it up to the Director. 3.Buesgens asked if other members thought it appropriate to request a moratorium be placed on the issuance of any additional rental licenses to give staff time to gather information on the percentage of properties that are now rental, the density of rentals in neighborhoods, and whether future licenses should be controlled in some way. She said the higher the number of rental properties, and the density of that number in any one area, have a direct correlation to Police and Fire Services. Her goal is to keep neighborhoods healthy. Holmbeck said she will try to add this to the City Council Work Session in January to see if the City Council is interested in pursuing this idea. The meeting was adjourned at 8:05 pm. Respectfully submitted, Shelley Hanson Secretary 54 MINUTES OF PLANNING AND ZONING COMMISSION NOVEMBER 1, 2016 7:00 PM The meeting was called to order at 7:00 pm by Chair Szurek. Commission Members present- Schill, Hoium, and Szurek. Buesgens arrived at 7:04 pm. Members Absent: Fiorendino Also present were Elizabeth Holmbeck (Planner), and Shelley Hanson (Secretary) along with Council Liaison, John Murzyn. Motion by Hoium , seconded by Schill, to approve the minutes from the meeting of Oct 4th, 2016. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NO.: 2016-1101 APPLICANT: Brian Beaufeaux, IAE Leasing, LLC. LOCATION: 1016 44th Avenue NE., Columbia Heights, MN 55421 REQUEST: Minor Subdivision At this time, Brian Beaufeaux on behalf of IAE Leasing, LLC has requested a Minor Subdivision per City Code Section 9.104 (k), for the subject property located at 1016 44th Avenue NE. The applicant wishes to split the existing residential lot into two residential lots. The current lot is 19,600 sq. ft. (70’ wide X 280’ long). Currently, there is a single family home on the northern portion of the lot, and a detached garage on the southern end of the lot. The property has been recently sold and the new owner is proposing to subdivide the existing lot to allow for future residential development on the newly created lot. The proposed subdivision meets the guidelines in the Zoning Code. A narrative provided by the applicant is attached. ZONING ORDINANCE The subject property is located in the R-2A, One and Two-Family Residential District, as are the properties to the north. The properties to the south, east and west, are located in the R-2A One and Two Family District, the R-2B, Built as Duplexes District and R-3, Multiple Family District. COMPREHENSIVE PLAN The Comprehensive Plan guides this area for low density residential development. According to the City’s Comprehensive Plan, low density residential development is defined as single family detached, and single family attached dwellings (twin-homes/duplexes). DESIGN GUIDELINES The subject property is not located in the Design Guideline Overlay District. SITE PLAN The applicant has submitted a survey of the existing conditions and legal description for the site, and a survey showing the two subdivided lots and proposed legal descriptions. The proposed subdivision of land meets the City’s Zoning Ordinance in terms of lot size and lot width to approve a subdivision for the property. 55 P & Z Minutes Page 2 Nov 1, 2016 FINDINGS OF FACT Section 9.104 (K) of the Zoning Code outlines specific conditions in order for the City Council to approve a minor subdivision. They are as follows: 1.The proposed subdivision of land will not result in more than three lots. The proposed subdivision will result in two conforming lots. 2.The proposed subdivision of land does not involve the vacation of existing easements. No vacation of existing easements will occur as a result of the minor subdivision. 3.All lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located. The newly created lots will both conform to the lot width and lot area requirements established for the property for the property’s zoning designation. 4.The proposed subdivision does not require the dedication of public rights-of-way for the purpose of gaining access to the property. This is correct. 5.The property has not previously been divided through the minor subdivision provisions of this article. This is correct. 6.The proposed subdivision does not hinder the conveyance of land. This is correct. 7.The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. This is correct. 8.The proposed subdivision meets all of the design standards specified in Section 9.115. This is correct. Staff review finds that the application meets the requirements of the Zoning Ordinance. Staff recommends that the Planning and Zoning Commission approve the proposed minor subdivision for the property located at 1016 44th Avenue NE., Columbia Heights, MN 55421. Questions from members: Szurek asked how the low area will affect the placement of the house and if soil borings had been done to find out the soil conditions to see if it is actually a buildable lot. 56 P & Z Minutes Page 3 Nov 1, 2016 Holmbeck said Engineering has recommended that a structure be placed as close to 43 ½ Ave as possible while still meeting the necessary setbacks to avoid the low area that does flood from time to time. She said that flooding occurs across the middle of the property and has flooded the existing garage before and comes close to the existing house along 44th Avenue. Holmbeck said the lot split submitted does meet the requirements to establish two lots with adequate square footage on each. She stated that corrections will need to be made to the drainage of the lot according to the City Engineer’s Report before construction can occur. This will be handled during the permitting and plan review process. Holmbeck said it may cost more to make the necessary corrections, but that is not the issue before the Commission. It is up to the developer how much money they want to put into building a structure on the property. Hoium asked if the owner doesn’t build on the extra lot, if it would result in less taxes being collected. Holmbeck didn’t know what the tax difference would be. Szurek asked why the lot wasn’t split evenly across the middle. Holmbeck said it was split where it was in order for the owner to meet square footage requirements for the existing single family home, as well as the square footage for a possible double bungalow on the vacant piece (once the garage is removed) that will face 43 ½ Avenue. Szurek stated that the lot may technically meet the square footage requirements, but much of it is unbuildable low area and wondered if it would be large enough to accommodate a double bungalow. Public Hearing Opened. Paul Ramacher from 1025 44th Avenue said he is a surveyor and that the proposed lot split is questionable in his opinion. He said he would have no problem if it were divided down the middle with plans for a single family home to be constructed. His problem is adding another double bungalow that will be rented out in a neighborhood that is already unkept due to the large number of rental property in the immediate vicinity. Ramacher said he understands the owner is trying to maximize his profit from this investment, but the City needs to make decisions that are best for the community. They should be looking at other th ings rather than just tax dollars. Ramacher felt that the only way to improve the neighborhood would be to add more single family homes into the mix of apartment buildings and double bungalow rentals. Mike Guzik from 1030 44th Avenue is two houses up from the existing house. He agrees with Ramacher. He also isn’t opposed to a single family home being constructed, but is opposed to more rental pro perties. It is becoming a neighborhood of all rentals, and he would like to see owner -occupied single family homes. The rental properties aren’t kept up now and he is constantly calling the Fire/Police Departments regarding lack of lawn maintenance, noise issues, the unsightly condition of the homes, and debris in the yards. He told the members that it is time they give some thought to the actual homeowners who live in these neighborhoods. Holmbeck reminded the audience and the members that this Public Hearing is for the lot split only to see if it meets City requirements. Future plans for the lot would be discussed later. Brian Beaufeaux, owner of the property and the applicant, told members he had done core sample testing of the site and it is a buildable lot. He has a report if they wish to see a copy. He told members he would be fixing up the existing house so that his son can move into it. He set up the lot split the way he did to meet the requirements of the City Code that would leave him options to construct either a single family home or a double bungalow. He has talked to builders who are hesitant to construct a single family home because they don’t think it will sell. If he builds a double bungalow, which it is zoned for, his company would be managing the property. 57 P & Z Minutes Page 4 Nov. 1, 2016 Buesgens disagreed with him and thought a single family home would sell and explained why mixing some additional single family homes into a neighborhood such as this would help make for a better neighborhood all around. Schill asked if he decided to build a single family home if he would leave the lot size the same as this proposal. Beaufeaux stated it would remain the same. He said the low area across the middle in the easement area is unusable anyways so it wouldn’t matter which lot it is a part of. Paul Craven from 1042 43 ½ Avenue lives to the east of the vacant piece. He acknowledged that it is noisy due to a concentration of rental properties and that kids often times play in the streets. He said a double bungalow wouldn’t be out of place, but a single family home certainly would be preferred. He thinks parking will be an additional problem. Hoium asked what the conditional use is that will be considered. Holmbeck said this request is for the subdivision of the lot only and if it meets the requirements of the Zoning Ordinance. The second item that will be considered is the Conditional Use that is required before the use can operate. If he was proposing a single family home, he wouldn’t need a CUP, but because he is considering the construction of a double bungalow, a CUP is necessary. Paul Ramacher wants the Planning & Zoning Commission to deny his request. Mike Guzik asked if the lot split is approved, how many of the members really believed he would ever consider building a single family home. He believes money will drive him to build another double bungalow, which the neighborhood does not need. Buesgens said it is the job of the Commission to enforce the Zoning Ordinance. She said the owner has the right to make the request. The Code allows for this. If we vote against what is allowed by Code, it opens the door for legal action unless a reasonable reason is found that determines the request to be detrimental or harmful. Schill agreed that if it meets requirements, they need to approve it legally. Szurek encouraged residents to attend the City Council meeting on November 14th as they will make the final decision on this. The Planning & Zoning Commission is an advisory board only. She also said that the City Attorney can answer any of the legal questions they have as he will be present at that meeting. Even though it was the consensus of the Board that they don’t want it developed with additional rental units in this neighborhood either, they must make their recommendation based on whether it meets the requirements of the code. Since this meets both the Zoning Ordinance and the Comprehensive Plan, they cannot deny the request. Buesgens stated we need to make changes to the Zoning Code and the Comprehensive Plan in order to prevent this in the future if the City would like more control over the type of construction that is proposed. Public Hearing Closed. Motion by Hoium , seconded by Buesgens, to waive the reading of Resolution NO. 2016-104, there being ample copies available to the public. All ayes. MOTION PASSED. 58 P & Z Minutes Page 5 Nov 1, 2016 Motion by Hoium , seconded by Buesgens, that the Planning and Zoning Commission reluctantly recommends the City Council approve the minor subdivision of the property located at 1016 44th Avenue NE., subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1.The applicant shall be responsible for filing the approved subdivision with the Anoka County Recorder’s Office. The approved minor subdivision will become invalid if the subdivision is not filed with the Anoka County recorder’s Office within one year of the date of City Council action. 2.The applicant shall meet the requirements outlined in the report from the Public Works Director/City Engineer dated October 26th, 2016. 3.The applicant is required to remove the existing garage on the south end of the current lot within 6 months from the dated of City Council action. 4.The applicant shall provide required utility and drainage easements for all newly created lots and be responsible for the cost of filing and recording written easements with the Anoka County Recorder’s Office. 5.The applicant shall pay parkland dedication fees for each lot created beyond the original number of lots existing prior to subdivision, except when such fees have been applied to the property as part of a previous subdivision. All ayes. MOTION PASSED. The following Resolution will go to the City Council November 14, 2016. RESOLUTION NO. 2016-104 A Resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Minor Subdivision in accordance with City Code Section 9.104 (k), for the property located at 1016 44th Avenue NE. Whereas, a proposal (Case # 2016-1101) has been submitted by Brian Beaufeaux on behalf of IAE Leasing, LLC to the City council requesting approval of a minor Subdivision from the City of Columbia Heights at the following site: ADDRESS: 1016 44th Avenue NE. LEGAL DSCRIPTION: On file at City Hall. THE APPLICANT SEKS THE FOLLOWING: Minor Subdivision approval per City Code Section 9.104 (k). Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on November 1, 2016; Whereas, the City Council has considered the advice and recommendations of the Planning and Zoning Commission regarding the effect of the proposed Minor Subdivision upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; 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 Section 9.104 (K) of the Zoning Code outlines specific conditions in order for the City Council to approve a minor subdivision. They are as follows: 59 P & Z Minutes Page 6 Nov 1, 2016 1.The proposed subdivision of land will not result in more than three lots. 2.The proposed subdivision of land does not involve the vacation of existing easements. 3.All lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located. 4.The proposed subdivision does not require the dedication of public rights-of-way for the purpose of gaining access to the property. 5.The property has not previously been divided through the minor subdivision provisions of this article. 6.The proposed subdivision does not hinder the conveyance of land. 7.The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. 8.The proposed subdivision meets all of the design standards specified in Section 9.115. Further, be it resolved, that the attached plans, maps, and other information shall become part of this Minor Subdivision Approval; and in granting approval the City and the applicant agree that the Minor Subdivision shall become null and void if the Subdivision has not been filed with the Anoka county Recorder’s Office within one (1) calendar year after the approval date. CONDITIONS 1.The applicant shall be responsible for filing the approved subdivision with the Anoka County Recorder’s Office. The approved minor subdivision will become invalid if the subdivision is not filed with the Anoka County recorder’s Office within one year of the date of City Council action. 2.The applicant shall meet all the requirements outlined in the report from the Public Works Director/City Engineer dated October 26th, 2016. 3.The applicant is required to remove the existing garage on the south end of the current lot within 6 months from the dated of City Council action. 4.The applicant shall provide required utility and drainage easements for all newly created lots and be responsible for the cost of filing and recording written easements with the Anoka County Recorder’s Office. 5.The applicant shall pay parkland dedication fees for each lot created beyond the original number of lots existing prior to subdivision, except when such fees have been applied to the property as part of a previous subdivision. CASE NO. 2016-1102 APPLICANT: Brian Beaufeaux, IAE Leasing, LLC. LOCATION: 1016 44th Avenue NE., Columbia Heights, MN 55421 REQUEST: Conditional Use Permit At this time, Brian Beaufeaux on behalf of IAE Leasing, LLC is requesting a Conditional Use Permit per Code Section 9.109 (F) (3) to allow a two-family dwelling to be built on the property located at 1016 44th Avenue NE. IAE Leasing, LLC has recently purchased the property and is applying to have the lot subdivided to allow for future development of a two-family dwelling on the newly created southern lot. The proposed Conditional Use Permit meets the guidelines in the Zoning Code. A narrative provided by the applicant is attached. 60 P & Z Minutes Page 7 Nov 1, 2016 ZONING ORDINANCE The subject property is located in the R-2A, One and Two-Family Residential District, as are the properties to the north. The properties to the south, east and west, are located in the R-2A One and Two Family District, the R-2B, Built as Duplexes District and R-3, Multiple Family District. COMPREHENSIVE PLAN The Comprehensive Plan guides this area for low density residential development. According to the City’s Comprehensive Plan, low density residential development is defined as single family detached, and single family attached dwellings (twin-homes/duplexes). The proposed Conditional Use Permit to allow for a two- family dwelling is consistent with the intent of the Comprehensive Plan. DESIGN GUIDELINES The subject property is not located in the Design Guideline Overlay District. FINDINGS OF FACT Section 9.104 (H) of the Zoning Ordinance outlines nine conditions that must be met in order for the City Council to grant a Conditional Use Permit. They are as follows: (a) The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. Two-Family dwellings are specifically listed as a Conditional Use in the R-2A, One and Two-Family Residential Zoning District. (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan designates this area for residential uses. The use is consistent with the intent of the Comprehensive Plan as the Conditional Use Permit allows for Two-Family residential development. (c) The use will not impose hazards or disturbing influences on neighboring properties. The proposed use is defined as low-density residential and should not disrupt neighboring properties. In order to mitigate any potential disturbances, the City’s Zoning Code outlines Specific Development Standards 9.107 (C) (52) and General Provisions 9.109 that address Two-Family Residential Development. (d) The use will not substantially diminish the use of the property in the immediate vicinity. The use of property in the immediate vicinity will not be diminished by residential development at 1016 44th Avenue NE. (e) The use will be designed, constructed, operated, and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. Since the surrounding area is currently comprised of a mix of single family, two-family and multiple-family residential, it is anticipated that the use will be compatible with the existing and intended character of the surrounding area. Additionally, the applicant will have to abide by specific development standards, construction and engineering standards as they relate to any future development on the lot. These standards will help ensure compatibility with the appearance of the existing surrounding area. 61 P & Z Minutes Page 8 Nov 1, 2016 (f) The use and property upon which the use is located are adequately served by essential public facilities and services. This is correct (g) Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. This is correct (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. Since the surrounding area is currently comprised of a mix of single family, two-family and multiple-family residential, it is anticipated that the use will be compatible with the surrounding area and not cause a negative cumulative effect on other uses in the surrounding area. (i) The use complies with all other applicable regulations for the districts in which it is located. This is correct. Staff review finds that the application meets the requirements of the Zoning Ordinance. Staff recommends that the Planning and Zoning Commission approve the proposed Conditional Use Permit for the property located at 1016 44th Avenue NE., Columbia Heights, MN 55421. Questions from members: Hoium asked what the minimum lot width is for this zoning district. Holmbeck told him 60 feet and this lot is 70 feet wide. Hoium then said he believes that “C” & “D” in the Findings of Fact are not met, and therefore he would recommend denial of this request. Buesgens asked why a CUP is needed in the first place since it is zoned “R2” which allows for single family or two family homes already, and he hasn’t submitted specific plans yet so that applicable conditions can’t necessarily be established. Holmbeck said the Zoning Ordinance requires a CUP in order to construct a two family residence which is why it is brought before the Commission at this time. Public Hearing Opened. Mike Guzik (1030 44th Ave) reiterated his reasons for not wanting another double bungalow in the area which would definitely be rental property. Paul Ramacher (1025 44th Ave) agrees that “C” is not met in the Findings in Fact and believes the Commission should use that reason to deny the CUP request. He said all the rental s in this City put additional stress on Police Dept. personnel. Brian Beaufeaux told members he had applied for the Lot Split and CUP in good faith and that his request meets the requirements. He doesn’t believe they can change the rules just because the y don’t like his plan. 62 P & Z Minutes Page 9 Nov. 1, 2016 Public Hearing Closed. Motion by Hoium , seconded by Buesgens , to waive the reading of Resolution NO. 2016-105, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Hoium, seconded by Schill, that the Planning and Zoning Commission recommends that the City Council deny the conditional use permit for the property located at 1016 44th Avenue NE., based on the fact that “C” & “D” of the Findings of Fact are not met. “C”—The use will not impose hazards or disturbing influences on neighboring properties and “D”-- The use will not substantially diminish the use of the property in the immediate vicinity. This CUP was also subject to certain conditions for approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1.The applicant shall meet the requirements outlined in the report from the Public Works Director/City Engineer dated October 26th, 2016. 2.The applicant is required to remove the existing garage on the south end of the current lot within 6 months from the dated of City Council action. The garage must be removed before any future development can occur on the lot. 3.Before a Building Permit can be obtained for future residential development, the property owner must meet with City Engineering Staff to address localized flooding concerns. Any new development will be required to meet any Engineering requirements that are deemed necessary to mitigate future flooding, or soil erosion. 4.Future Two-Family Residential development that occurs on the lot must adhere to the City’s Zoning Code requirements. The development is required to provide enclosed parking spaces that meet City requirements. Any outdoor, off-street parking areas containing six or more parking spaces must be screened with landscaping and/or fencing from adjacent residential properties per City Code requirements. 5.The building and site shall be meet all requirements found in the Fire Code and the Building Code. 6.All other applicable local, state, and federal requirements shall be met at all times. All ayes. MOTION PASSED. The following Resolution will go to the City Council at the November 14, 2016 meeting. RESOLUTION NO. 2016-105 A resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Conditional Use Permit in accordance with City Code Section 9.109 (F) (3), for the property located at 1016 44th Avenue NE. Whereas, a proposal (Case # 2016-1102) has been submitted by Brian Beaufeaux on behalf of IAE Leasing, LLC to the City council requesting approval of a Conditional Use Permit from the City of Columbia Heights at the following site: ADDRESS: 1016 44th Avenue NE. LEGAL DSCRIPTION: On file at City Hall. THE APPLICANT SEKS THE FOLLOWING: Conditional Use Permit approval per City Code Section 9.109 (F) (3). 63 P & Z Minutes Page 10 Nov 1, 2016 Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on November 1, 2016; Whereas, the City Council has considered the advice and recommendations of the Planning and Zoning Commission regarding the effect of the proposed Conditional Use Permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT Section 9.104 (H) of the Zoning Ordinance outlines nine conditions that must be met in order for the City Council to grant a Conditional Use Permit. They are as follows: (a) The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. (c) The use will not impose hazards or disturbing influences on neighboring properties. (d) The use will not substantially diminish the use of the property in the immediate vicinity. (e) The use will be designed, constructed, operated, and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. (g) Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. (i) The use complies with all other applicable regulations for the districts in which it is located. Further, be it resolved, that the attached plans, maps, and other information shall become part of this Conditional Use Permit Approval. CONDITIONS 1.The applicant shall meet the requirements outlined in the report from the Public Works Director/City Engineer dated October 26th, 2016. 2.The applicant is required to remove the existing garage on the south end of the current lot within 6 months from the dated of City Council action. The garage must be removed before any future development can occur on the lot. 64 P & Z Minutes Page 11 Nov 1, 2016 3.Before a Building Permit can be obtained for future residential development, the property owner must meet with City Engineering Staff to address localized flooding concerns. Any new development will be required to meet any Engineering requirements that are deemed necessary to mitigate future flooding, or soil erosion. 4.Future Two-Family Residential development that occurs on the lot must adhere to the City’s Zoning Code requirements. The development is required to provide enclosed parking spaces that meet City requirements. Any outdoor, off-street parking areas containing six or more parking spaces must be screened with landscaping and/or fencing from adjacent residential properties per City Code requirements. 5.The building and site shall be meet all requirements found in the Fire Code and the Building Code. 6.All other applicable local, state, and federal requirements shall be met at all times. OTHER BUSINESS Holmbeck told members that the RFP for the Comprehensive Plan Consultant has been released in several publications so the process is moving along. The meeting was adjourned at 8:15 pm. Respectfully submitted, Shelley Hanson Secretary 65 OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS TRAFFIC COMMISSION MONDAY, NOVEMBER 7, 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 (arrived late), Kevin Doty, 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 Carlson, seconded by Olson, to approve the minutes of October 3, 2016, as presented. Motion passed unanimously. PUBLIC HEARING TO DESIGNATE “NO PARKING” ON THE EAST SIDE OF TYLER STREET FROM THE DRIVEWAY TO 70’ NORTH Residents and others present: Julie Johnson, First Lutheran Church Jane Pemberton, 4050 Tyler Street Howard Wigand, 4044 Tyler Street At the October meeting, the Traffic Commission called for a public hearing to designate “No Parking” on the east side of Tyler Street from the parking lot driveway to 70’ north of the driveway. At the October meeting, representatives of First Lutheran Church and the neighbors across from the proposed “No Parking” location discussed their concerns with parked cars on Tyler Street making it difficult for adjacent residents to back out of their driveways. Ms. Julie Johnson stated two neighbors live directly across from First Lutheran Church on Tyler Street and they have had difficulty over the last couple of years getting out of their driveways. As the school has grown, the number of volunteers and teachers has also increased and they are sometimes parking on both sides of Tyler Street. This makes it tight and tricky for Jane and Howard to get out of their driveways. She would like no parking designated at the grassy area directly across from their driveways, but feels it would be beneficial to continue to have parking to the north. Olson inquired about the neighbors to the north of First Lutheran Church. Ms. Johnson informed him that their driveways open onto 41st Avenue. Doty asked if the grades will be expanded from K-3 to K-8 or K-12. Ms. Johnson stated the school cannot expand any further at First Lutheran. They may have a split with two campuses or they may be moving out, but nothing has been determined to date. Motion by Olson to recommend the City Council designate “No Parking Anytime” on the east side of Tyler Street from the First Lutheran Church parking lot driveway to 70’ north of the driveway. Seconded by Doty. Motion passed unanimously. Carlson informed those present that this will go to council on Monday, November 14th. Ms. Johnson asked 66 Traffic Commission Minutes –November 7, 2016 Page 2 if approved, how long it will be for the signs to be put up. Young stated she will work with the Sign Department this week. It depends on if the signs are in stock or need to be ordered and on the weather. The plan is to get them up as soon as possible. OLD BUSINESS None OTHER OLD BUSINESS None NEW BUSINESS None OTHER NEW BUSINESS This item came in late but there was enough time to gather the information and put it on the agenda. A. REQUEST FOR SAFETY CHANGES ON RESERVOIR BOULEVARD FROM 37TH AVENUE TO 40TH AVENUE Carrie and Joshua Gille have requested several changes along Reservoir Boulevard from 37th Avenue to 40th Avenue and 40th Avenue at Tyler Street. The concern is the speed of traffic and drivers not complying with posted stop signs. Each of the suggestions listed in the letter will be addressed below: -Provide residents with yard signs to be placed on the boulevards in front of their homes. Public Works will discuss this idea with the Police and Community Development departments. -Put up additional speed limit signs along Reservoir Boulevard. -Put up “SLOW” traffic signs along Reservoir Boulevard. Studies have shown that these types of street signs are not effective in changing driver behavior. -Paint reflective pedestrian crosswalks at the intersections of Reservoir Boulevard and its side streets. The intersection at 39th Avenue is offset on each side of Reservoir Boulevard. The intersections at Peters Place and Gould Avenue are “T” intersections. Pedestrian crossings at these locations would be similar to “midblock” crossings which are unsafe. -Put up “Pedestrian Crossing” signs at the busiest intersections along Reservoir, particularly at 40th Avenue NE and Reservoir Boulevard. The intersection at 40th Avenue and Reservoir Boulevard is Anoka County State Aid Highway 2. Public Works will discuss the addition of crosswalk markings and signage at Reservoir Boulevard and 40th Avenue with Anoka County. There is quite a bit of traffic at this intersection. -Put up flashing stop signs at 40th Ave NE and Reservoir Boulevard, as well as 40th Avenue NE and Tyler Street NE. The intersection at 40th Avenue and Reservoir Boulevard is Anoka County State Aid Highway 2. To date, Anoka County does not install flashing stop signs. A question was raised whether this is also a Minneapolis 67 Traffic Commission Minutes –November 7, 2016 Page 3 street. Minneapolis owns the right-of-way but traffic control is managed by either Anoka County or Columbia Heights. Minneapolis is only concerned about their water mains. Captain Austin provided accident information but was unable to locate any recent speed data for that section. Stated most of the speed complaints are between 44th and 41st Avenues. He currently has the speed trailer out to gather data for the next meeting. There is a lot of traffic on the road in the mornings. Motion by Olson to direct staff to request the addition of crosswalk markings and signage at Reservoir Boulevard and 40th Avenue. Seconded by Clerkin. Motion passed unanimously. REPORTS A. CITY ENGINEER None B. POLICE Captain Austin presented the speed data for Stinson Boulevard between 45th Avenue and Fairway Drive. The average speed was 30.86 mph. He also contacted the City of New Brighton for accident data at 5th Street and Stinson Boulevard. There have been five accidents in the last five years. The bus company has not gotten back to him to date. However, they were going to contact their safety person to possibly move the bus stop to actually pull out onto Stinson Boulevard rather than stopping on 5th Street. Captain Austin will follow up. C. COMMISSIONERS Olson questioned putting a crosswalk marking on Mill Street to the main entrance of City Hall like the one by Medtronic. Young stated a pedestrian study was done several years ago for Mill Street and showed that people cross everywhere. Carlson asked if any changes have been made to the handicap parking spots at Murzyn Hall. Young stated they added one additional spot near the east door and two more in the parking lot. One was not added to the west door because it’s not considered a handicap accessible entrance due to the steps. Doty stated he will email Kathy a picture of the seasonal duck crossing sign in St. Anthony. ADJOURNMENT Motion by Olson, seconded by Doty, to adjourn the meeting at 5:53 p.m. Motion passed unanimously. Respectfully submitted, Sue Schmidtbauer Public Works Secretary 68 COLUMBIA HEIGHTS PUBLIC LIBRARY  3939 Central Ave NE, Columbia Heights, MN 55421  BOARD OF TRUSTEES: MEETING MINUTES  Wednesday, November 2nd, 2016  Approved  12/7/2016  The meeting was called to order by Chair Patricia Sowada at 5:30 p.m.  Members present were: Patricia Sowada,  Catherine Vesley, Steve Smith, and Council Liaison Gary Peterson.   Also present was Library Director Renee Dougherty  and Recording Secretary Nick Olberding.   The Minutes of the October 5th, 2016 Board Meeting were approved. The Bill List dated October 12th, 2016 was reviewed.  It was moved, seconded, and passed that the bills be paid. The Bill List dated October 26th, 2016 was reviewed.  It was moved, seconded, and passed that the bills be paid. The Accounting Sheet as of October 2016 was reviewed, and approved. o Library is at 70% of the year’s budget (not counting October Utilities). Discussion on the electricity costs for the first few months the library was opened. If we go over in the electrical budget category (3810), we will be able to move funds over from another line in the 3000 range. Eric (CH Public Works) now has been trained‐in on the operation of all the environmental control and lighting, so we can now make adjustments more quickly, and avoid waste in the future. o Minnesota Library Association memberships for the Library Director, Adult/ Children’s Librarians were brought up. Board agreed that it is important to have these professional memberships, and they are relatively inexpensive (about $50/month for all three memberships). o E‐Books are over‐budget, but print books are under‐budget, and will cover the overage. The amount of e‐ book costs were underestimated on this year’s budget, and will be corrected for next year. We are charged by Anoka County for our use of E‐books based on our patron’s usage of them. They have estimated our usage as being 5% of the total, so we are charged 5% of their cost for the service. o An inquiry into why we need Orkin Pest Control already. The city has preventative contracts with Orkin for all city buildings. They do routine check‐ups and perimeter spraying to protect the properties. There is concern that gaps can be seen in several library doors (children’s emergency door, and boiler room door), and Orkin said they should be remedied before mice start finding a way in. It was joked about that we need a library cat (which would be a fitting addition), but with staff and patron allergies, it’s not realistic. o The Automated Materials Handler was applauded. It has led to less items being missed at check‐in, and speeds up the book delivery and discharging of the book drop. Items returned directly through outdoor book drop are checked in immediately, and it works during the overnights and weekends (unlike the bin that collected materials at the old building). May need more signage for patrons; even though we’ve tried to get the word out that it is available, quite a few patrons are still unaware. Old Business:  Construction Update o Boilers are now up and running. o Donor wall installed. o Solar panels installed; nearly operational. o The MWMO sponsored water management system on the property is impressive. Does a good job of 69 handling runoff. MWMO has offered to do some staff training (and have extended the offer to interested  members of the board, and the city) on the features of the system. Children’s Librarian is also working  with them on children’s activity sheets about storm water management/water pollution.     Youth Read Down: 27 participants resulted in $124 in overdue fines being waived; adults have asked for a similar  opportunity for them. Read Down months next year: January, June/July, and October.     Staff Updates: With the cooperation of HR, research was done on part‐time wages offered at other metro library  systems and several independent libraries. It was discovered that we are on the low end. An adjustment in pay  was brought before the City Council, and it was approved.  New Business:   Usage of the New Library: July – September 2016: See Graphs (attached)    Items from the Floor:   Additional Closed Day: Columbia Heights City Offices will be closed on Saturday, December 23rd 2017; to be in  compliance, we will also be closed that day…approved.     Resignation: Of her own volition, Barbara Tantanella is resigning from the Library Board of Trustees.     Old Library: The status of the latest offer on the building is not known, but it was from a tax paying organization.  Suggestions of it becoming an art and music center were brought up. Costs to operate the building are around  $100,000/year, so there would need to be a lot of public interest in order for it to remain a city owned public  space.      There being no further business, the meeting was adjourned at 6:55p.m. by Patricia Sowada, and seconded.      Respectfully submitted,    Nicholas P. Olberding   Recording Secretary, Library Board of Trustees    Attached: 2015‐2016 Usage Stats        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.  70 AGENDA SECTION CONSENT ITEM NO. MEETING DATE DECEMBER 12, 2016 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: RESOLUTION ADOPTING THE 2017-2018 SNOW AND ICE CONTROL POLICY DEPARTMENT: Public Works CITY MANAGER’S APPROVAL: BY/DATE: Kevin Hansen / November 14, 2016 BY/DATE: BACKGROUND: The Snow and Ice Control Policy was reviewed by city staff and minor changes were made this year. These changes included minor equipment changes and operational clarification. Based upon an October 8, 1998 Snow and Ice Control workshop sponsored by the League of Minnesota Cities, it is strongly recommended by attorneys at the LMC that every city have a Snow and Ice Control policy that is reviewed by the City Council and approved by resolution. Since 1999 our policy has been reviewed with the Council on a bi-annual basis with a resolution approving the City’s Snow and Ice Control Policy. ANALYSIS/CONCLUSIONS: The plan has been updated for the 2017-2018 year with minor revisions to clarify operational procedures: •Miscellaneous snow removal from designated sidewalks was modified to exclude property no longer owned by Community Development. •Columbia Heights will be responsible for plowing/ice control maintenance on 37th Avenue from Central Avenue to Stinson Boulevard for 2016-2017. STAFF RECOMMENDATION: Public Works recommends passage of Resolution 2016-110 adopting the 2017- 2018 Snow and Ice Control Policy. RECOMMENDED MOTION(S): Move to waive the reading of Resolution No. 2016-110, there being ample copies available to the public. Move to approve and adopt Resolution No. 2016-110, being a resolution adopting the 2017-2018 Snow and Ice Control Policy for the City of Columbia Heights. ATTACHMENT(S): Resolution 2016-110 2017-2018 Snow & Ice Control Policy 7C 71 RESOLUTION NO. 2016-110 A resolution of the City Council for the City of Columbia Heights, Minnesota, WHEREAS, a Snow and Ice Control Policy has been developed and recommended by City staff; and WHEREAS, adoption of said policy has been determined to be in the best interest of the City of Columbia Heights, WHEREAS, the 2017-2018 Snow and Ice Control Policy establishes the procedures, locations, and equipment used for snow and ice control in the city of Columbia Heights. 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. The City Council hereby approves and adopts a Snow and Ice Policy for the City of Columbia Heights. ORDER OF COUNCIL Passed this 28th day of November, 2016 Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Attest: Katie Bruno, City Clerk/Council Secretary 72 CITY OF COLUMBIA HEIGHTS PUBLIC WORKS DEPARTMENT SNOW AND ICE CONTROL POLICY 2017/2018 73 SNOWPLOWING AND ICE CONTROL POLICY 1.Introduction: The City of Columbia Heights believes that it is in the best interest of the residents for the City to assume basic responsibility for control of snow and ice on city streets. Reasonable ice and snow control is necessary for routine travel and emergency services. The City strives to provide such control in a safe and cost effective manner, keeping in mind safety, budget, personnel and environmental concerns. The City will use city employees, equipment and /or private contractors to provide this service. This policy does not relieve the operator of private vehicles, pedestrians, property owners, residents and all others that may be using public streets, of their responsibility to act in a reasonable, prudent and cautious manner, given the prevailing street conditions. 1.When will city start snow and ice control operations? The Director of Public Works or assigned representative will decide when to begin snow or ice control operations. The criteria for that decision are: A. Snow accumulation of three (3) inches or more; B. Drifting of snow that causes problems for travel; C. Icy conditions which seriously affect travel; D. Time of snowfall in relationship to heavy use of streets; E. Weather forecast, temperature, type of snow, duration and intensity of storm The Police Department assists Public Works Maintenance in monitoring street conditions and notifies Public Works Maintenance personnel of snow and ice conditions needing immediate attention. Maintenance personnel are notified in accordance with the Public Works Department policy for emergency calls. Snow and ice control operations are expensive and involve the use of limited personnel and equipment. Consequently city wide snowplowing operations will not generally be conducted for snowfall accumulations of less than three (3) inches. Plowing during the parking ban has proven to be the most efficient. 2.How snow will be plowed? Snow will be plowed in a manner so as to minimize traffic obstructions. The center of the roadway will be plowed first. The snow shall then be pushed from centerline to curb on two-way streets. On one-way streets or where there is a center boulevard, snow may be pushed in either direction. Discharge shall go onto the boulevard area. Generally, operations shall continue until all roads are passable. There may be instances when this is not possible depending on storm conditions and other circumstances. 74 Priorities and schedule of streets plowing and snow removal. The city has classified city streets based on the street function, traffic volume and importance to the welfare of the community. Some priorities are performed simultaneously depending on conditions and existing situations. Priority #1 - Main thoroughfares, low volume residential and commercial streets, Public Safety building parking lots and accesses, alleys, cul-de-sacs, dead ends, pump and lift station accesses. Priority #2 - Municipal building parking lots and sidewalks, pedestrian bridges, designated sidewalk routes. Priority #3 - (Business District, parking lots, widening streets, etc.) Snow removal as needed. Priority #4 - Central Avenue (streetscape district only - 37th to 43rd Avenues). Snow removal around bus benches as needed Priority #5 - Park pathways, skating rinks and hockey rinks Priority #6 - Industrial and school hydrants – snow removal as needed Priority #7 - Residential hydrants – snow removal as needed – Assist Adopt-a-Hydrant Program. Priority #8 - Murzyn Hall, City Hall, Library. Check for ice dams and plugged drains. Remove ice dams and open drains as needed. During significant and severe storms, the city must be prepared to move personnel and equipment to maintain priority routes first. In fulfilling the need to have all priority streets safe and passable, when resources are limited, plowing of all other streets may be stopped at any time so resources can be shifted to priority routes. Unforeseeable circumstances may cause delays in completing assigned plow routes. Such circumstances may include weather conditions that endanger the safety of snowplow operators and/or safe and effective operation of equipment, commuter traffic, disabled vehicles, poor visibility conditions, parked cars along streets, assistance to emergency response vehicles, equipment breakdown, and personnel shortages. 3.Snow Removal The Director of Public Works or assigned representative will determine if and when snow will be removed from the area by truck. Such snow removal will occur in areas where there is no room on the boulevard for snow storage and in areas where accumulated piles of snow create a hazardous condition. Snow removal operations will not commence until other snowplowing operations have been completed. Snow removal operations may also 75 be delayed depending on weather conditions, personnel and budget availability. The snow will be removed and hauled to a snow storage area. The snow storage area will be located so as to minimize environmental problems. 4. Work schedule for snowplow operators. Snow plow operators will be expected to work eight-hour shifts. In severe snow emergencies, operators sometimes have to work in excess of eight – hour shifts. Safety of the plow operators and the public is important. Therefore, if additional qualified snow plow operators are not available snow plowing/removal operations may be terminated after 12 hours to allow personnel adequate time for rest. Any decision to suspend operations shall be made by the Director of Public Works and shall be based on the conditions of the storm. 5. Traffic Regulations The city recognizes that snowplow operators are exempt from traffic regulations set forth in Minnesota Statutes, Chapter 169 while actually engaged in work on streets, except for regulations related to driving while impaired and the safety of school children. Pursuant to this authority, snowplow operator engaged in snow removal or ice control on city streets have discretion to disregard traffic laws set forth in Chapter 169, except for laws relating to impaired driving and school children safety, when in their judgment, it is safe to disregard such laws. The privileges granted herein to operators of snow removal and ice control vehicles shall apply only if the vehicle is equipped with one lighted lamp displaying a flashing, oscillating, or rotating amber light placed in such a position on the vehicle as to be visible throughout an arc of 360 degrees. 6. Weather Conditions Snow and ice control operations will be conducted only when weather conditions do not endanger the safety of the snowplow operators and equipment. Factors that may delay snow and ice control operations include but are not limited to: severe cold, significant winds, and limited visibility. 7. Use of Sand, Salt, and other Chemicals The city will use sand, salt, and other chemicals when there area hazardous ice or slippery conditions. The city is concerned about the effect of such chemicals on the environment and will limit its use for that reason. 8. Sidewalks The city will maintain some of the sidewalks in the city. The list of those sidewalks is attached. It is the responsibility of the resident and/or property owner to remove all accumulated snow from all other sidewalks along public streets adjoining their property. This includes any snow plowed from public streets onto the sidewalk. 76 9. Mailboxes Coming into contact with a mailbox is a common obstacle snowplow operators face during storm activities. The city will conduct a review of each mailbox incident to determine whether the city will replace or provide reimbursement for the mailbox. Only mailboxes actually hit by a snowplow will be the responsibility of the city. The city will not be responsible for damage to mailboxes or support posts caused by snow or ice coming into contact the mailbox. At the mailbox owner’s request, the city will replace the mailbox with a standard size, non-decorative metal mailbox and replace the support post as necessary with a 4”x 4”, decay resistant wood support post, both installed by the city. Alternatively, the city will reimburse the mailbox owner $75.00 for the replacement of the mailbox and post by others. 10. Landscape The city will not repair/replace sod damaged due to the application of sand, salt or other deicing chemicals. The city will repair sod damaged by snow plow during snow removal operations with black dirt and grass seed. Property owners who install decorative materials in the right-of-way do so at their own risk. Damage within the public right-of-ways is the responsibility of the property owner, including but not limited to: trees, shrubs, bushes, landscape materials, decorative rock, retaining walls, fences and irrigation systems. 11. Deviation From Policy The Director of Public works or appointed representative may deviate from this policy when in his or her judgment it is in the best interest of the city or is necessary because of budget needs or other circumstances. Changes in priorities (lasting more the 4 hours ) will be documented as to what caused such actions, why the change was necessary, and for how long the change is to be in effect. Those city employees and/or contractors affected will be notified immediately by radio or cell phone of such changes with all communications logged. Information logged will include the time and date of the communication, name of the employee contacted, and how they were contacted. Any changes of priorities lasting more that 24 hours should be made in a written record and the public should be informed of such changes through normal methods used by the city for emergency notifications. 12. Complaint Procedures Complaints will be recorded on telephone logs. Calls requiring service will be transferred to a work request and forwarded to the appropriate supervisor for scheduling. Emergency complaints will be handled in an expeditious manner as resources are available. 77 13. Review and Modification of Policy The Director of Public Works or appointed representative shall keep on file all comments and complaints received regarding this policy. The policy will be reviewed periodically. Any review will consider comments and complaints since the last review and any other factors affecting the policy or its implementation. 78 PLOWING EMERGENCY - PERSONNEL & EQUIPMENT A. Assignments by department 1. The Street Department shall remove snow according to the following priorities: a. Assign personnel as necessary for street plowing and ice control operations. b. Remove snow from main thoroughfares and apply salt and/or sand. c. Remove snow from residential streets and alleys and apply salt and/or sand. d. Remove snow from municipal parking lots. e. Clean up alley openings, intersections and the deposits of snow left by snowbirds. Follow up on complaints from the public and others. Any personnel that become available will be assigned to help others wherever needed. They may have to widen streets again the next day. 2. The Sewer and Water Department shall remove snow according to the following priorities: a. Furnish personnel as necessary for street plowing operations. b. Plow entrances and areas around the water tower, pump houses, and lift stations. c. Clean sidewalks and entrances at the Library before it opens and, if necessary, in the afternoon. Personnel shall assist others who are hand shoveling other areas. d. Personnel shall assist the Fire Department in digging out hydrants as needed. Certain hydrants have been designated as critical and will witnessed by reflective hydrant markers. 3. The Park Department shall remove snow according to the following priorities: a. Furnish personnel as necessary for street plowing operations. b. Clear snow and deice all City Hall, Public Safety building, and JPM sidewalks and entrances. Public Safety building: For snow conditions of three (3) inches or more the Fire Department shall initially clear all doorways, stairs, and open the walks around the Public Safety Building. If there is only one person in the Fire Department, they will contact Public Works who will supply one person to help them. After all other work is accomplished; Public Works shall finish widening the walkways. JPM maintenance personnel: Responsible for clearing snow from sidewalks and entrances on weekends, holidays and evenings. c. Remove snow from municipal sidewalks. • Central Avenue & 49th Avenue - Pedestrian Bridge 79 •Public Safety Building •City Hall and upper JPM parking lot •Recreation and JPM – Mill Street sidewalk-front, back & side entrances •Library – 3939 Central Avenue •Library – 40th Avenue sidewalk and Jackson Street sidewalk •900 40th Avenue (Van Buren Street – parking lot) - perimeter sidewalk •3982 Central Avenue – sidewalk on south side, Central Avenue to parking lot •Jefferson Street Divide sidewalk (46th Avenue and Jefferson Street) •Liquor Store Top Valu #1 - 4950 Central Avenue –Sidewalk on Central Avenue adjacent to street. •Liquor Store Top Valu #2 - 2105 37th Avenue – Sidewalks on 37th Avenue & Hart Blvd. adjacent to street d.Remove snow from miscellaneous designated sidewalks. West side •49th Avenue, University Avenue to Monroe Street •5th Street, 47th – 48th Avenue, east side sidewalk •Jackson Street, 41st Avenue to 42nd Avenue (east side) •42nd Avenue – Jackson Street to Van Buren Street (south side) •Central Avenue 4022 and 4024 (between buildings) •42nd and University (walk bridge) west side •40th Avenue, University Avenue bus stop, 3rd Street to University Avenue •3942 Van Buren Street (storm water overflow area) East Side •37th Avenue, north side, Reservoir Blvd. to first alley east •40th Avenue, Central Avenue to Hayes Street •44th Avenue (Tyler Street to Reservoir Boulevard) e.Remove snow from park sidewalks. •Huset east and west, Jefferson Street •Jackson Pond, south end sidewalk •Edgemoor Park, 2nd Street sidewalk •Ostrander Park, Tyler Street sidewalk and front entrance sidewalk •Wargo Park, exterior sidewalk •Gateway Park, exterior and interior sidewalk f.Remove snow from park pathways. •Huset West pathway 80 •University Avenue Bike path – 40th to 45th Avenue •McKenna Park pathway •Sullivan Lake Park pathway •Curt Ramsdell Park pathway •Silver Lake Beach •LaBelle Park pathway •Prestemon Park pathway g.Remove snow from sidewalks on Community Development properties. West side •3982 Van Buren Street •666 40th Avenue •828 40th Avenue •4235 Washington Street •4147 7th Street East Side •961 Gould Avenue h.Remove snow from skating areas and park parking lots. i.Roof Maintenance JPM, City Hall, Library. •Remove ice dams and unplug roof drains 4.The Sign Department personnel shall hand-shovel the pedestrian bridge and spread deicer. •Furnish personnel as necessary for street plowing operations •42nd and University Avenue (walk bridge) • 5.The Engineering Department Techs shall remove snow and de-ice the walks and steps around the Municipal Service Center building, parking lots and assist the Sign Department in the removal of snow from the pedestrian bridge. 81 Drivable Equipment Used in Snow Emergencies: Heavy Equipment #9 Case front-end loader with front plow (two stage snow blower - used for snow removal) #14 Caterpillar front-end loader with front plow and wing plow Dump Trucks #001 14,000 GVW Ford dump truck with front plow #80 35,000 GVW International dump truck with reversible front plow, underbody plow, wing plow and sander. (SW Quadrant) #82 35,000 GVW International dump truck with reversible front plow, underbody plow, wing plow and sander. (NE Quadrant) #83 35,000 GVW International with reversible front plow, underbody plow, wing plow, and sander. (NW Quadrant) #84 35,000 GVW International with reversible front plow, underbody plow, wing plow, and sander. (SE Quadrant) #99 33,000 GVW Ford dump truck with adjustable front V-plow, underbody plow, wing plow and sander (Alleys and parking lots). #250 14,000 GVW Ford dump truck with front plow Pickups #8 4 x 4 1 ton Ford pickup with plow #114 4 x 4 ¾ ton Ford pickup with plow #117 4 x 4 1 ton Ford pickup with plow #137 4 x 4 1 ton Ford pickup with plow #234 4 x 4 1 ton Ford pickup with plow (designated for Park use) Misc. Equipment #200 MT Trackless #201 John Deere Gator (liquid ice control) #232 Toro Groundsmaster 4 x 4 (with broom attachment) #280 Caterpillar 247 Skid Steer (with snow bucket attachment) #296 MT Trackless (with snow blower, plow and broom) Street Plowing Routes Attached are maps of main thoroughfares, quadrants, dead-end alleys and cul-de-sacs, thru alleys, parking lots and snow removal areas. 1.Main thoroughfares – Dump trucks assigned to quadrants 2.Quadrants SW, NW, SE, NE – dump trucks 3.Thru-alleys - #99 dump truck with adjustable V- plow 4.Dead-end alleys and cul-de-sacs – Pickups and 1 ton dump trucks 5.Parking lots – Case front end loader (#9) and Backhoe Caterpillar (#128) 6.MSC, SACA, Library, load sand trucks backhoe Caterpillar (#128) 82 7.#14 front end loader – 37th Avenue to 40th Avenue from University to Central – Central Avenue from 37th Avenue to 43rd Avenue (bump outs and pork chops). 37th Avenue to 45th Avenue from Main Street to University Avenue. Main Thoroughfares: Quadrants Four dump truck plows - each operator is assigned to a specific quadrant. SW Quadrant. This area is from 37th Avenue to 45th Avenue (University Avenue to Central Avenue). Plow main thoroughfares first. 40th Avenue, 44th Avenue, and 45th Avenue (University Avenue, 45th to 42nd) and Jefferson Street. (40th Avenue to 45th Avenue) Note: We share the responsibility of plowing 37th Avenue from Stinson Boulevard to Main Street with the City of Minneapolis. 37th Ave. is divided into two segments - (1) Main St. to Central Ave. and (2) Central Ave. to Stinson Blvd. Per agreement, we alternate segments each year. The agreement period is October 1st to October 1st. For 2013-2014 Columbia Heights maintains Main Street to Central Avenue. NW Quadrant This area includes University Avenue to Central from 45th Avenue to 53rd Avenue exclusive of the City of Hilltop. Again, this quadrant has five main arterials to be plowed first, that being Jefferson Street; University Avenue Service Road; 49th Avenue, 51st Avenue and 53rd Avenue (Fridley plows 53rd Avenue, Columbia Heights does ice control). The operator in this quadrant will start on the west end one time and the east end another time in order to equalize the complaint of always being plowed last. When the operator has finished plowing their own area, they will combine to finish whatever area is not completed. Alternate starting points may be used each time. SE Quadrant. This area includes 37th Avenue to 44th Avenue between Central Avenue and Stinson Boulevard. This quadrant has seven main arterials to be plowed first which include Reservoir Boulevard, 39th Avenue, 40th Avenue, Arthur Street, Hart Boulevard, Stinson Boulevard, 37th Place, and Benjamin Street (43rd Avenue to 45th Avenue). After the main arterial have been completed, plowing starts at Tyler Street from 37th Avenue N and then works avenues from 37th to 44th, then streets easterly to Stinson Boulevard. When this has been accomplished, the plow will work the streets between Central Avenue and Reservoir Boulevard. When the operator has finished plowing their own area, they will combine to finish whatever area is not completed. Alternate starting points may be used each time. Note: We share the responsibility of plowing 37th Avenue from Stinson Boulevard to Main Street with the City of Minneapolis. 37th Avenue is divided into two segments - (1) Main Street to Central Avenue and (2) Central Avenue to Stinson Boulevard. Per agreement, we alternate segments each year. The agreement period is October 1st to October 1st. For 2016-2017 Columbia Heights maintains 37th Avenue from Central Avenue to Stinson Boulevard. 83 NE Quadrant: This area includes 44th to 51st Avenue from Central to Stinson. This quadrant has main arterials to be plowed first which include 44th Avenue, Central Avenue to Reservoir Boulevard; 45th Avenue, Central Avenue to 44th Avenue; 47th Avenue, Central Avenue to Fillmore; Fillmore, 45th to 49th Avenue; 49th Avenue, Central Avenue to Fairway Drive; Fairway Drive, West Upland Crest to Stinson Boulevard; Stinson Boulevard, Silver Lake Beach to Argonne Drive; Arthur Street, 44th Avenue to 45th Avenue; 45th Avenue, Chatham Road to Stinson Boulevard; Chatham Road, 45th Avenue to 49th Avenue; Reservoir Boulevard, 44th Avenue to Fillmore Street. We will either begin plowing Mathaire Addition or Sheffield Addition, depending on the time of day and the number of cars that could be in the Sheffield Addition. Whichever way, we will pick up the Hilltop Addition, Innsbruck Addition and the Heritage Heights Addition. When the operator has finished plowing their own area, they will combine to finish whatever area is not completed. Alternate starting points may be used each time. Thru-Alleys The alley "V" plow is pushed by a dump truck. This plow usually starts on the west side of town being California Street to University Avenue, 37th to 45th Avenue and works its way east. Alternate starting points may be used each time. Equipment problems and weather conditions may require the use of 4-wheel drive vehicles to clear alleys. Dead-end Alleys and Cul-de-Sacs The 4-wheel drive vehicle operators each receive a map showing all the cul-de-sacs, dead end alleys, and hard-to-get at places. When operators have completed their own designated areas, they will check with the other operators and will help each other finish plowing where needed. They may assist the "V" plow operator in finishing his alley routes if assigned by the Superintendent. When alleys are finished, operators will clean intersections in their assigned area. Parking Lots Plow route for #9 front-end loader: 1.Administration Building (590 40th Avenue), (559 Mill Street) and (555 Mill Street) lots. Note: Remove snow from 40th Avenue curb line from alley east to Mill Street. Note: 555 Mill Street parking lot can be used for temporary snow storage. Note: Plow Mill Street from 40th Avenue to 5th Street. Remove snow from curb line in front of JPM & City Hall. 2.JPM (530 Mill Street) upper and lower lots. 3.Van Buren lot south of 40th Avenue (900 40th Avenue). 84 Parking Lots Plow route for #102 – 4-wheel drive pickup 1.Public Safety Building (825 41st Ave.) 2.Madison Street – 37th Avenue to dead-end 3.SACA (627 38th Avenue) 4.Library (820 40th Avenue) Note: Remove snow from 40th Avenue curb line 5.Heights Liquor Store (5225 University Avenue) – Liquor Store #3 6.Liquor Store Top Valu #1 - 4950 Central Avenue 7.Liquor Store Top Valu #2 - 2105 37th Avenue 8.Municipal Service center yard (637 38th Avenue) and parking areas. ICE CONTROL When there is a potential for or accumulation of snow or ice, it is normally necessary to perform ice control operations using salt or a salt/sand mixture. This function will proceed under the discretion of the Public Works supervisor. This function begins with communication between the Police Department, Public Works personnel, and Anoka County Central Dispatch, in no special order. The duty person organizes the ice control operation based on the Superintendent's standing instructions. Main thoroughfares, emergency routes, controlled intersections, and hills are given priority. Police reports of slippery conditions are also considered. Application is limited on low volume streets and cul-de-sacs. Salt sand will be furnished for residents in the designated area outside the Recycling Center (3801 Madison Street). SNOW REMOVAL Certain actions and areas were designated by the City Council on January 11, 1982, and amended from time to time, for services. These services are shown on the attached drawing #1. They specifically point out services other than normal street plowing and ice control that the City may perform depending upon the amount of snow accumulation. When accumulated piles of snow in the business areas, around schools, and public buildings indicate hazardous conditions, the Street Dept. begins loading and hauling to storage areas. Snow is to be hauled for storage to 1) Huset Park East- Quincy Street parking lot, (Note: restricted to daytime use) and 2) Huset Park East –Huset Parkway parking lot. 85 Snow Removal at Library A. Parking Lot: The Library parking lot will be cleared in accordance with the priorities established in this policy. The lot will be cleared in conjunction with the other municipal lots after snow plowing has been completed on the streets, Police and Fire areas and the pump and lift station accesses. B. Sidewalks: During the work week, two members of the Sewer & Water Department will remove snow and ice from the sidewalks and entrances to the Library before the Library opens and, if necessary, in the afternoon. Note that there is a snow melting system for the sidewalk at both entrances. The weekend duty person will be responsible for clearing snow and ice from the sidewalks and entrances before opening of the Library on Saturday mornings (currently 10:00 a.m.). Library personnel are responsible for snow and ice clearing on Saturdays after opening and, if conditions warrant, may call out the weekend duty person for assistance. 86 PLOWING/ICE CONTROL INFORMATION 1.3" ACCUMULATION REQUIRED BEFORE SNOW EMERGENCY FULL CITY PLOWING •APPLY ICE CONTROL IN CONJUNCTION WITH PLOWING OPERATIONS 2.SNOW DEPTH 1” TO 3” – PLOW DRIVING LANES AND APPLY ICE CONTROL 3.FIRST PRIORITY - ARTERIALS AND RESIDENTIAL AREAS 4.ALLEY PLOWING: •THRU-ALLEYS PLOWED WITH “V” PLOW •DEAD END ALLEYS PLOWED WITH PICK-UPS 5.POLICE REQUEST FOR ICE CONTROL/SPECIFIC AREAS AND ARTERIALS •1 OR 2 ICE CONTROL TRUCKS DEPENDING UPON EXISTING CONDITIONS 6.POLICE REQUEST FOR ICE CONTROL/CITY WIDE •4 ICE CONTROL TRUCKS - STREETS ONLY (ARTERIALS FIRST FOLLOWED BY RESIDENTIAL) •ICE CONTROL OPERATIONS IN ALLEYS WILL BE CONDUCTED DURING NORMAL WORK HOURS 7.53RD AVENUE FROM UNIVERSITY TO CENTRAL: FRIDLEY PLOWS - COLUMBIA HEIGHTS – ICE CONTROL 8.STINSON BOULEVARD FROM 37TH TO 40TH: ST ANTHONY PLOWS - COLUMBIA HEIGHTS ICE CONTROL 9.37TH AVENUE MAINTENANCE: •MAIN STREET TO CENTRAL AVENUE (2014-2015) MINNEAPOLIS (2015-2016) COLUMBIA HEIGHTS •CENTRAL AVENUE TO STINSON BOULEVARD (2016-2017) COLUMBIA HEIGHTS (2018-2019) MINNEAPOLIS (SEGMENTS ALTERNATE EACH YEAR ON OCTOBER 1ST) 87 SAND BARRELS WEST SIDE: •Qty. 3 637 38th Avenue - outside of fence for Recycling Center. •Qty. 1 Behind 4059 Monroe Street at NW corner of alley and 41st Avenue - next to utility pole. •Qty. 1 4707 Jefferson Street - driveway north side - next to utility pole. •Qty. 1 46-1/2 Avenue east of Jefferson - next to utility pole. EAST SIDE: •Qty. 1 Alley behind 3813-15 Pierce Street - next to hydrant. •Qty. 1 4464 Stinson Boulevard – secured to pole. •Qty. 1 41st Avenue and Stinson Boulevard on SW corner. 88 89 AGENDA SECTION CONSENT ITEM NO. MEETING DATE DECEMBER 12, 2016 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: ESTABLISH A PUBLIC HEARING DATE TO CONSIDER ALLEY LIGHTING DEPARTMENT: Public Works CITY MANAGER’S APPROVAL: BY/DATE: Kevin Hansen / December 6, 2016 BY/DATE: BACKGROUND: Staff is requesting the City Council establish a Public Hearing date for formal consideration of assessing one cobra head street light to benefited properties, as requested by petition. The proposed light is located in the alley. The petition is for one 100 watt HPS light to be installed on an existing pole between 4221 and 4225 Main Street. There will be 9 parcels included in the assessment. Of these 9 parcels, 8 property owners signed the petition in favor of installing the alley light. RECOMMENDED MOTION(S): Move to establish January 9, 2017 at 7:00 p.m. as a Public Hearing for consideration of alley lighting between 4221 and 4225 Main Street. ATTACHMENT(S): Map Petition 90 7D 233 4224 4229 4237 8 4242 6 4255 4249 4301 4 4157 4233 4259 4253 4301 4236 41 57 4212 42 18 4206 4200 4213 4207 4217 4201 0 2 4156 4250 4254 4154 4258 4302 4221 4243 4225 8 4 4243 4247 4249 4241 4201 4203 4207 4209 4215 4217 4221 4223 UNITS: 1- 20 43 R D 42 N D ® CITY OF COLUMBIA HEIGHTS GIS / ENGINEERING DEPARTMENT Map Date: Map Author:K Young!Proposed Light Benefitted ParcelsLEGEND November, 2016 ! MAIN STREET 2NDSTREET AV E N U E City of Columbia Heights PROPOSED ALLEY LIGHT ASSESSMENT 50'50'140'60' 50'50'40'40'120' 91 92 AGENDA SECTION CONSENT ITEM NO. MEETING DATE DECEMBER 12, 2016 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: ADOPT RESOLUTION 2016-129 CERTIFYING AND AUTHORIZING THE CITY OF C OLUMBIA HEIGHTS TO SUBMIT A WATER SUPPLY PLAN TO THE DEPARTMENT OF NATURAL RESOURCES DEPARTMENT: Public Works CITY MANAGER’S APPROVAL: BY/DATE: Kevin Hansen / December 6, 2016 BY/DATE: BACKGROUND: The Metropolitan Land Planning Act requires local governments to prepare comprehensive plans and submit them to the Metropolitan Council to determine their consistency with metropolitan system plans. One element of these plans must address municipal water systems. The third generation Water Supply Plan included an update of our water supply system and an expanded water conservation plan to address water demands through the year 2040 (focused on ground water). Minnesota Statute 103G.291 requires all public water suppliers that serve more than 1,000 people to have a Water Supply Plan approved by the Minnesota Department of Natural Resources (DNR). See attached letter from the DNR dated October 1, 2015 detailing the submittal requirements for the City Water Supply Plan. ANALYSIS/CONCLUSIONS: Staff has prepared an electronic template of the Columbia Heights’ Water Supply Plan and will be submitting it to the DNR and Metropolitan Council by the due date of December 31, 2016. The Water Supply Plan consists of four parts: Part 1: Water supply system Inventory Part 2: Emergency planning Part 3: Conservation Part 4: Metropolitan Land Planning Act requirements. Part 1 provides detail on historic and current demand and supply and trends. This information is then used to develop emergency response procedures and conservation planning in sections 2 and 3. Section 2 also defines procedures for demand reduction during an emergency event. Section 3 includes regulatory and educational measures intended to reduce the demand for water. Columbia Heights current consumption is well below local and state averages per capita and peak demand. STAFF RECOMMENDATION: Staff recommends approval of resolution 2016-129 authorizing the submittal of the Columbia Heights Water Supply Plan to the DNR. RECOMMENDED MOTION(S): Move to waive the reading of Resolution No. 2016-129, there being ample copies available to the public. Move to adopt Resolution No. 2016-129, being a Resolution approving the Columbia Heights Water Supply Plan – Water Emergency and Conservation Plan with submittal to the Minnesota Department of Natural Resources. ATTACHMENT(S): Resolution 2016-129 DNR Letter 93 7E RESOLUTION NO. 2016-129 A resolution of the City Council for the City of Columbia Heights, Minnesota, Whereas, pursuant to requirements of the Department of Natural Resources, certification of the Water Supply Plan by the City. The Water Supply Plan addresses the anticipated future water supply, potential impact to resources and various reactions by the City to address concerns if impacts are realized. 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.The Council certifies the Water Supply Plan. 2.The Council authorizes submittal of the Water Supply Plan to the Department of Natural Resources. ORDER OF COUNCIL Passed this 12th day of December, 2016 Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Attest: Katie Bruno, City Clerk/Council Secretary 94 MINNESOTA DEPARTMENT OF NATURAL RESOURCES CENTRAL OFFICE 500 LAFAYETTE ROAD SAINT PAUL, MN 55155 651-296-6157 888-646-6367 Date: October 1, 2015 Dear Public Water Supplier: Lauren McClanahan NOTIFICATION OF WATER SUPPLY PLAN DUE DATE The due date for your plan is: 12/31/2016 Columbia Heights, City Of (not directly permitted) Every ten years, all public water suppliers in Minnesota that serve more than 1,000 people must have a water supply plan approved by the Department of Natural Resources (DNR). This requirement, in place since the 1990s, is designed to encourage communities to deal proactively with providing sustainable water supply for citizens, businesses and industry. For Metropolitan Area communities, a water supply plan is a required element of their Community Local Comprehensive Plan. The DNR provides a Water Supply Plan template. Electronic copies of the template along with other materials for developing your plan are available at the DNR web site: www.mndnr.gov/watersupplyplans NEW •Plans will now be submitted electronically through the Minnesota Permitting and Reporting System (MPARS) where most water use reporting takes place. •The plan includes stronger conservation measures to meet demand reduction requirements. •When you submit your water supply plan to MPARS it will be forwarded to Metropolitan Council, as appropriate. •There will be workshops with neighboring water suppliers to discuss local water supply issues and water conservation strategies. In 2015, 14 workshops will be held around the state between Oct 14 and Nov. 5th. Similar workshops will be held in the following two years. •Watch for a separate invitation to these Water Supply Plan Workshops from your DNR hydrologists. Plans can be submitted for approval prior to the due date. Please contact the DNR Area Hydrologist (see attached list) if you have questions or concerns regarding the due date for your plan. If you have any questions, please feel free to contact Carmelita Nelson at 651/259-5034 or your Area Hydrologist. Contact Lanya Ross, 651-602-1803 if you have questions about the Metropolitan Council's requirements. Sincerely, Julie Ekman, Section Manager Division of Ecological and Water Resources 95 AGENDA SECTION CONSENT ITEM NO. MEETING DATE DECEMBER 12, 2016 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: ADOPT RESOLUTION 2016-130 ESTABLISHING SENIOR CITIZENS OR RETIRED & DISABLED PERSONS HARDSHIP SPECIAL ASSESSMENT DEFERRAL DEPARTMENT: Public Works CITY MANAGER’S APPROVAL: BY/DATE: Kevin Hansen / December 6, 2016 BY/DATE: BACKGROUND: In 1982 the City Council adopted a resolution allowing the deferral of assessments for senior citizens and disabled persons. The resolution established eligibility criteria including a maximum income. The income level is updated annually by resolution. STAFF RECOMMENDATION: The attached resolution retains the criteria in the previous resolution and updates the income eligibility amount of $33,300, the same dollar amount used for reduced rates for senior citizens utility bills. The current income eligibility amount is $33,600. RECOMMENDED MOTION(S): Move to waive the reading of Resolution No. 2016-xx, there being ample copies available to the public. Move to adopt Resolution No. 2016-130, being a resolution establishing a new maximum income of $33,600 for Senior or Retired and Disabled Persons to be eligible for special assessment deferral. ATTACHMENT(S): Resolution 2016-130 96 7F RESOLUTION NO. 2016-130 A resolution of the City Council for the City of Columbia Heights, Minnesota, WHEREAS, immediate payment of special assessments or installments on special assessments cast an undue hardship on some persons owning homestead properties who are 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make payments, and Whereas, Minnesota Statutes 435.193 – 435.195 makes it possible for a home rule charter city to pass a resolution establishing standards and guidelines for determining the existence of a hardship and for determining the existence of a disability. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1.This deferral procedure shall apply only to assessments which are payable in five or more annual installments. 2.This deferral procedure shall apply only to property owned and occupied by the elderly, retired, or disabled applicant. Ownership and occupancy must be the same nature as would qualify the applicant for a homestead exemption for tax purposes. 3.This deferral procedure shall apply only to homestead property owned by a person 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make payments. Permanent and total disability shall have the same definition for purposes of assessment deferral as is used for social security purposes. 4.This deferral procedure shall not be construed as to prohibit the determination of hardship on the basis of exceptional and unusual circumstances not covered by the standards and guidelines herein so long as determination is made in a nondiscriminatory manner and does not give the applicant an unreasonable preference or advantage over other applicants. 5.In order to obtain a deferral of an assessment, the homeowner must make application on the forms prescribed by the City Clerk. 6.The option of the homeowner to defer the payment of special assessments shall terminate and all amounts accumulated plus applicable interest shall become due and payable upon the occurrence of any of the following events: a.the death of the owner, provided that the spouse is not otherwise eligible for benefits hereunder; b.the sale, transfer or subdivision of the property or any part thereof; c.if the property should for any reason lose its homestead status; or d.if for any reason the City shall determine that there would be no hardship to require immediate or partial payment. 97 7.No deferral may be granted unless the homeowner makes application to the City Clerk within thirty (30) days after adoption of the assessment by the Council. 8.The deferral shall apply to only 50% of the annual installment payment. If the 50% is not paid in a timely manner, the balance of the annual installment along with all future installments shall become immediately due and payable. 9.No deferral shall be granted to any owner who has a gross annual household income from all sources in excess of $33,600. 10.No deferral may be continued from year to year unless the owner shall file a renewal application before September 15th of each year. 11.No special assessment may be deferred for a period longer than the time set by the Council as the time over which the project is to be assessed. 12.Interest on deferred assessments shall be at the rate set by the Council in its resolution adopting the assessment roll, and such interest shall be added to the amount deferred and shall be paid in accordance with Minnesota Statute 435.195 and this Resolution. ORDER OF COUNCIL Passed this 12th day of December, 2016 Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Attest: Katie Bruno, City Clerk/Council Secretary 98 AGENDA SECTION CONSENT ITEM NO. MEETING DATE DECEMBER 12, 2016 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: HORWITZ NS/I CONTRACT EXTENSION DEPARTMENT: Public Works CITY MANAGER’S APPROVAL: BY/DATE: Kevin Hansen / December 6, 2016 BY/DATE: BACKGROUND: The City has contracted with the firm of Horwitz NS/I since 2009 for the preventive maintenance of building HVAC systems. In June of 2010 Murzyn Hall was added to the maintenance contract under the same terms and conditions as other covered facilities. On September 24, 2012 the City Council approved a three-year contract extension with Horwitz NS/I for the provision of HVAC Preventative Maintenance Services for our City facilities including City Hall, library, MSC, liquor stores, pump and lift stations, and park buildings. The Public Safety Building was added to the contract in November of 2012. ANALYSIS AND CONCLUSIONS: The current contract with Horwitz NS/I for the covered City facilities runs through December 31, 2016. Staff is pleased with the quality of services provided by Horwitz NS/I and would recommend continuing with them for the provision of Preventive Maintenance Services for the current buildings for another one-year extension, under the same contract terms. STAFF RECOMMENDATION: Staff recommends continuing the contract for the provision of Preventive Maintenance Services for current buildings, adding the new library, for a one year extension under the same contract terms. RECOMMENDED MOTION(S): Move to approve a one-year contract extension with Horwitz NS/I for HVAC Preventative Maintenance Services for City facilities effective January 1, 2017 through December 31, 2017 at a cost of $58,308, and to authorize the Mayor and City Manager to enter into a contract for the same. 99 7G AGENDA SECTION CONSENT ITEM NO. MEETING DATE DECEMBER 12, 2016 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: FINAL COMPENSATING CHANGE ORDER AND FINAL PAYMENT FOR MISCELLANEOUS CONCRETE, PROJECT NO. 1600 DEPARTMENT: Public Works CITY MANAGER’S APPROVAL: BY/DATE: Kevin Hansen / December 6, 2016 BY/DATE: BACKGROUND: The contractor has completed the 2016 Miscellaneous Concrete Repairs and Installations. This annual program consisted of curb and gutter, street, driveway, and sidewalk improvements/repairs throughout the city. The change order consists of work approved by the City Council, as well as typical work added during Phase 2 of the contract. A spreadsheet with the fund distribution is attached. STAFF RECOMMENDATION: The Miscellaneous Concrete Program is set up on an annual basis with a preliminary estimate of quantities for the entire year. The quantities of work will vary from year to year based upon actual work performed in the two phases (late spring and fall). Staff recommends approval of the compensating change order and final payment to Create Construction, LLC and acceptance of the work. A copy of the change order and the Engineer’s Report of Final Acceptance is attached. RECOMMENDED MOTION(S): Move to approve the final compensating change order and accept the work for 2016 Miscellaneous Concrete Repairs and Installations, City Project No. 1600, and authorize final payment of $879.17 to Create Construction, LLC of Maple Grove, Minnesota. ATTACHMENT(S): Change Order Engineer’s Report of Final Acceptance Fund Distribution Spreadsheet 100 7H FINAL COMPENSATING CHANGE ORDER Project: 2016 Miscellaneous Concrete Repairs and Installations City Project: 1600 Owner: City of Columbia Heights 637 38th Avenue N.E. Columbia Heights, MN 55421 Contractor: Create Construction, LLC 18517 100th Avenue N Maple Grove, MN 55311 Date of Issuance: November 21, 2016 Engineer: City Engineer You are directed to make the following changes in the Contract Documents: Description: Change in original contract price to compensate for additional work added to the contract by the City. No. Item Description Unit Quantity Unit Price Total Price 1 Construct curb and gutter S.F. 260 $ 31.00 $ 8,060.00 2 Remove sidewalk S.F. 220 $ 2.00 $ 440.00 3 Construct 4” concrete sidewalk S.F. 1,533 $ 5.00 $ 7,665.00 TOTAL CHANGE ORDER $ 16,165.00 Purpose of Change Order: The contract has been modified to include additional quantities for construction of concrete curb and gutter and removal/construction of sidewalk. CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME Original Contract Price: $ 29,679.50 Original Contract Time: Previous Change Orders No. __ to No. __ $ 0.00 Net Change from Previous Change Order: Contract Price Prior to this Change Order: $ 29,679.50 Contract Time Prior to this Change Order: Net Increase (Decrease) of this Change Order: $ 16,165.00 Net Increase (Decrease) of Change Order: Contract Price with all Approved Change Orders: $ 45,844.50 Contract Time with Approved Change Orders: Recommended By: _____________________________________ City Engineer Approved By: ____________________________________ Create Construction, LLC _________________________ _________________________ ___________________ City Manager Walt Fehst Mayor Gary Peterson Date of Council Action 101 CITY OF COLUMBIA HEIGHTS ANOKA COUNTY, MINNESOTA ENGINEER’S REPORT OF FINAL ACCEPTANCE 2016 MISCELLANEOUS CONCRETE REPAIRS AND INSTALLATIONS CITY PROJECT NUMBER 1600 December 6, 2016 TO THE CITY COUNCIL COLUMBIA HEIGHTS, MINNESOTA HONORABLE MAYOR AND CITY COUNCIL MEMBERS: This is to advise you that I have reviewed the work under contract to Create Construction, LLC. The work consisted of curb and gutter, street, driveway, and sidewalk improvements/repairs throughout the City. The contractor has substantially completed the project in accordance with the contract. It is recommended; herewith, that final payment be made for said improvements to the contractor in the amount as follows: ORIGINAL CONTRACT PRICE $29,679.50 CHANGE ORDERS $16,165.00 FINAL CONTRACT AMOUNT $45,844.50 FINAL WORK APPROVED $45,844.50 ALL PRIOR PAYMENTS ($44,965.33) BALANCE DUE $ 879.17 Sincerely, CITY OF COLUMBIA HEIGHTS Kevin R. Hansen City Engineer 102 MISCELLANEOUS CONCRETE FUNDING PROJECT 1600 UNIT DESCRIPTION PRICE QUAN.AMOUNT QUAN.AMOUNT QUAN.AMOUNT QUAN.AMOUNT QUAN.AMOUNT QUAN.AMOUNT Remove curb and gutter 4.00$ 89.0 $356.00 121.0 $484.00 210.0 $840.00 Construct concrete curb and gutter 31.00$ 89.0 $2,759.00 121.0 $3,751.00 260.0 $8,060.00 470.0 $14,570.00 Remove street/alley 3.00$ 12.0 $36.00 12.0 $36.00 Construct 8" concrete street/alley 8.00$ 0.0 $0.00 Remove driveway/apron 2.50$ 6.00 $15.00 94.0 $235.00 100.0 $250.00 Construct 6" concrete driveway/apron 5.00$ 6.00 $30.00 139.0 $695.00 145.0 $725.00 Remove sidewalk 2.00$ 2961.0 $5,922.00 2961.0 $5,922.00 Construct 4" concrete sidewalk 5.00$ 2836.0 $14,180.00 1388.0 $6,940.00 4224.0 $21,120.00 Construct ADA compliant ped ramp 8.00$ 50.0 $400.00 50.0 $400.00 Truncated dome panel 40.00$ 8.0 $320.00 8.0 $320.00 Remove step 10.00$ 0.0 $0.00 Construct concrete step 25.00$ 0.0 $0.00 Remove bituminous patches 3.50$ 135.0 $472.50 135.0 $472.50 Construct concrete MH casting box out 7.00$ 147.0 $1,029.00 147.0 $1,029.00 Epoxy coated reinforcing bar, no. 5 6.00$ 0.0 $0.00 Construct full depth concrete repair 10.00$ 0.0 $0.00 18" Epoxy coated reinforcing bar, no. 5 20.00$ 8.0 $160.00 8.0 $160.00 Total $3,115.00 $20,102.00 $5,000.00 $2,627.50 $15,000.00 $45,844.50 Transfer to Transfer to Transfer to Transfer to Transfer to 415-51601 415-51601 601-49430 101-43121 412-45200 PROJECT TOTALWaterSeal Coat Infrastructure Street Park 103 AGENDA SECTION CONSENT ITEM NO. MEETING DATE DECEMBER 12, 2016 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: FINAL PAYMENT TO CITY OF FRIDLEY FOR 45TH AVENUE STREET REHABILITATION, PROJECT 1607 DEPARTMENT: PUBLIC WORKS CITY MANAGER’S APPROVAL: BY/DATE: KEVIN HANSEN/DECEMBER 7, 2016 BY/DATE: BACKGROUND: On March 28, 2016 the City Council approved a joint powers agreement with the City of Fridley to provide Engineering and Administrative Services for Street Rehabilitation project on 45th Avenue from Main Street to the dead end at University Avenue, City of Columbia Heights Project 1607. STAFF RECOMMENDATION: The contractor has completed the partial street reconstruction project on 45th Avenue. Work included storm sewer catch basin replacement/repairs, spot curb and gutter replacement, reclamation of bituminous surface and underlying base, and new 3” bituminous pavement. New castings were installed on sanitary and storm sewer structures. Staff recommends acceptance of the work and approval of final payment to the City of Fridley. RECOMMENDED MOTION(S): Move to accept the work for 45th Avenue Street Rehabilitation project, Columbia Heights City Project No. 1607, and to authorize final payment of $49,987.83 to City of Fridley, Minnesota. ATTACHMENT(S): Engineer’s Report of Final Acceptance Final Pay City of Fridley for 45th Ave .docx 104 7I CITY OF COLUMBIA HEIGHTS ANOKA COUNTY, MINNESOTA ENGINEER’S REPORT OF FINAL ACCEPTANCE 2016 STREET REHABILITATION PROJECT - 45TH AVENUE CITY PROJECT NUMBER 1607 December 7, 2016 TO THE CITY COUNCIL COLUMBIA HEIGHTS, MINNESOTA HONORABLE MAYOR AND CITY COUNCIL MEMBERS: This is to advise you that I have reviewed the work performed under the Joint Powers Agreement with the City of Fridley for the partial street reconstruction of 45th Avenue from Main Street to Dead end at University Avenue. Fridley provided engineering and administrative services for the construction, consisting of storm sewer catch basin replacement/repairs, spot curb and gutter replacement, reclamation of bituminous surface and underlying base, and new 3” bituminous pavement. In addition, new castings were installed on sanitary and storm sewer structures. The work has been completed in accordance with the agreement. It is recommended; herewith, that final payment be made for said improvements to the City of Fridley in the amount as follows: ORIGINAL CONTRACT PRICE $ 49,661.38 CHANGE ORDERS $ 702.00 FINAL CONTRACT AMOUNT $ 50,363.38 FINAL WORK APPROVED $ 49,987.83 ALL PRIOR PAYMENTS ($ 0.00) BALANCE DUE $ 49,987.83 Sincerely, CITY OF COLUMBIA HEIGHTS Kevin R. Hansen City Engineer 105 AGENDA SECTION CONSENT ITEM NO. MEETING DATE DECEMBER 12, 2016 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: FINAL PAYMENT FOR SANITARY SEWER LINING, PROJECT 1504 DEPARTMENT: PUBLIC WORKS CITY MANAGER’S APPROVAL: BY/DATE: KEVIN HANSEN/December 6, 2016 BY/DATE: BACKGROUND: On December 14, 2015 the City Council awarded the annual sanitary sewer lining program to Visu-Sewer, Inc. This annual program rehabilitates sections of sanitary sewer pipe that have cracked or broken joints or sections, contain root intrusion or have infiltration present. This project consisted of lining the following segments: 1.12” VCP on 37th Place from 37th Avenue to Stinson Boulevard 655 L.F. 2.12” VCP on Stinson Boulevard from 37th Place to 3900 Stinson Boulevard 1,135 L.F. 3.8” VCP on Stinson Boulevard from 3900 to 4004 Stinson Boulevard 590 L.F. 4.8” VCP on Stinson Boulevard from Silver Lake Beach to 45th Avenue 1,610 L.F. 5.8” VCP on 45th Avenue from Chatham Road to Stinson Boulevard 470 L.F. The project also included installing 15 main to service lateral connection liners as directed by the Public Works Director. STAFF RECOMMENDATION: The lining is complete and final reports and televising has been provided to the City. A copy of the Engineer’s Report of Final Acceptance is attached. Staff is recommending final acceptance of the work and final payment to Visu-Sewer. RECOMMENDED MOTION(S): Move to accept the work for Sanitary Sewer Lining, City Project No. 1504, and to authorize final payment of $6,649.66 to Visu-Sewer, Inc. of Pewaukee, Wisconsin. ATTACHMENTS: Engineer’s Report of Final Acceptance Final payment for sanitary sewer lining to .docx 106 7J CITY OF COLUMBIA HEIGHTS ANOKA COUNTY, MINNESOTA ENGINEER’S REPORT OF FINAL ACCEPTANCE 2015 SANITARY SEWER LINING PROGRAM CITY PROJECT NUMBER 1504 December 6, 2016 TO THE CITY COUNCIL COLUMBIA HEIGHTS, MINNESOTA HONORABLE MAYOR AND CITY COUNCIL MEMBERS: This is to advise you that I have reviewed the work under contract to Visu-Sewer, Inc. The sanitary sewer work consisted of lining the following mains: 1.12” VCP on 37th Place from 37th Avenue to Stinson Boulevard 655 L.F. 2.12” VCP on Stinson Boulevard from 37th Place to 3900 Stinson Boulevard 1,135 L.F. 3.8” VCP on Stinson Boulevard from 3900 to 4004 Stinson Boulevard 590 L.F. 4.8” VCP on Stinson Boulevard from Silver Lake Beach to 45th Avenue 1,610 L.F. 5.8” VCP on 45th Avenue from Chatham Road to Stinson Boulevard 470 L.F. In addition, 15 main to service lateral connection liners were installed. The contractor has completed the project in accordance with the contract. It is recommended; herewith, that final payment be made for said improvements to the contractor in the amount as follows: ORIGINAL CONTRACT PRICE $135,439.25 CHANGE ORDER $ 0.00 FINAL CONTRACT AMOUNT $135,439.25 FINAL WORK APPROVED $132,993.25 ALL PRIOR PAYMENTS ($126,343.59) BALANCE DUE $ 6,649.66 Sincerely, CITY OF COLUMBIA HEIGHTS Kevin R. Hansen City Engineer 107 AGENDA SECTION CONSENT ITEM NO. MEETING DATE DECEMBER 12, 2016 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: EXTENSION OF GIS RANGE RIDER CONTRACT DEPARTMENT: Public Works CITY MANAGER’S APPROVAL: BY/DATE: Kevin Hansen / December 6, 2016 BY/DATE: BACKGROUND: In 1996 the City Council approved a Joint Powers Agreement (Tri-City Agreement) with the cities of Andover and Fridley to hire an outside consultant to provide GIS technical assistance. The consulting firm of Plan Sight was hired and performed work under the Tri-Cities Agreement beginning in 1997, reviewable annually. The firm has evolved over the years and is now RE/SPEC, Inc. The agreement remains essentially the same. The Consulting Services Agreement terminates annually on December 31 unless extended by further agreement of the parties. STAFF RECOMMENDATION: The cities of Andover, Fridley and Columbia Heights staff are interested in continuing the contract for 2017. Continuing with RE/SPEC provides the continuity we need to keep the program moving forward. The City benefits from work done under this contract as well as from the other cities. The 2017 goals for the City of Columbia Heights are as follows: •Import sanitary sewer televising records (video and logs) •Enhance Tree Manager program (EAB) •Conversion to mobile applications •Update Sign Management program •Incorporate Anoka County property data and GIS into Special Assessment program •Provide assistance to Community Development Department •Additional tasks as identified Columbia Heights has reduced the number of consultant hours from 700 hours per year to 400 hours per year (one day per week). City staff is able to prepare some of the routine maps, but still relies on RE/SPEC for technical aspects of the program, including software maintenance and program updates. The software includes ArcMap, Granite XP/Cues, Cityworks, Cartegraph, and Tree Manager. Columbia Heights’ share for the 2017 Tri-City GIS Range Rider is $22,218. RE/SPEC remains less expensive than other comparable consultants. In addition, hourly rates are discounted for the Tri-City group. This amount is budgeted in various departments of the 2017 Public Works budget. RECOMMENDED MOTION(S): Move to approve a one-year extension to the GIS Joint Powers Agreement in the amount of $22,218; and, authorize the Mayor and City Manager to enter into an agreement for the same. ATTACHMENT(S): Consulting Services Agreement for 2017 GIS Contract 108 7K CONSULTING SERVICES AGREEMENT This Agreement is made as of _______________, 201_ (the “Effective Date”), by and between RE/SPEC INC.(“Contractor”) and the Tri-City GIS Joint Powers Organization, consisting of the Cities of Fridley, Columbia Heights and Andover, hereinafter “Tri- City.” CONTRACTOR and Tri-City are collectively referred to as “Parties” and individually as a “Party.” WHEREAS, Tri-City requires services to provide GIS technical assistance to the Cities of Andover, Columbia Heights and Fridley; WHEREAS, Contractor desires to and is capable of providing the necessary services according to the terms and conditions stated herein; NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein the parties agree as follows: 1.TERM 1.1 Term. The term of this Contract shall be from January 1, 2016, through December 31, 2017, unless earlier terminated by law or according to the provisions of this Contract. 2.CONTRACTOR’S OBLIGATIONS 2.1 General Description. Contractor will provide GIS technical assistance to Tri-City which includes the cities of Andover, Columbia Heights and Fridley. Additional work may be contracted as provided in Section 3.4. 2.2 Conformance to Specification. The Contractor will provide the Services as set forth in Exhibit A. 2.3 Limited Warranty Contractor warrants that the Services will be performed in a safe, professional and workmanlike manner consistent with the applicable industry standards and this Agreement. CONTRACTOR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTY ARISING OUT OF A COURSE OF DEALING, A CUSTOM OR USAGE OF TRADE. 7268579v1 109 3.PAYMENT 3.1 Service Fees The Contractor’s fees for Services are set forth below (Service Fees”). Service Fees do not include any taxes that may be due based on the Service Fees, or for reimbursable expenses, for which Tri-City agrees to pay directly or reimburse Contractor. Total Service Fees: $123,017 to be allocated as follows: Andover - $54,000.00 Fridley-$46,799.00 Columbia Heights-$22,218.00 3.2 Invoices. Contractor shall, within fifteen (15) working days following the last day of each calendar month in which services were provided, submit an invoice on an invoice form acceptable to Tri-City. This invoice shall itemize 1) the hours of services rendered listed by classification, 2) the date such services were provided, 3) a general description of the services provided, 4) the name of client receiving services, 5) the amount and type of all reimbursable expenses being charged to the Contract, 6) the dates of the performance period covered by the invoice. 3.3 Time of Payment. All invoices are due within thirty days from the invoice date. If Tri-City disputes any portion of Contractor’s invoice, then Tri-City will: (a) pay any amount not in dispute by the due date; and (b) within five business days after receipt of that invoice, inform Contractor in writing of the disputed amount and the specific reason(s) for withholding payment. On Contractor's receipt of this, the Parties will work together in good faith to resolve such disputes in a prompt and mutually acceptable manner. Tri- City agrees to pay any disputed amounts within five days after the issues have been resolved. 3.4 Changes to Scope Tri-City shall have the right to request changes to the scope of the Services; however, all such changes are subject to acceptance by Contractor. If any change to the scope of the Services will cause an increase or decrease in the Service Fees, or in the time required for performance, prior to commencing the services required by the requested change, Contractor shall notify Tri-City of such increase or decrease by e- mail. Contractor shall not proceed with performance and shall have no obligation to proceed with performance pursuant to any requested change 2 7268579v1 110 to the scope of the Services by Tri-City unless and until Contractor has received Tri-City’s agreement to such increased or decreased Service Fees or time for performance via e-mail. 4.COMPLIANCE WITH LAWS/STANDARDS 4.1 General. Contractor shall abide by all Federal, State or local laws, statutes, ordinances, rules and regulations now in effect or hereinafter pertaining to this Contract or to the facilities, programs and staff for which Contractor is responsible. 5.INDEPENDENT CONTRACTOR STATUS Contractor is an independent contractor and nothing herein contained shall be construed to create the relationship of employer and employee between Tri-City and Contractor. Contractor shall at all times be free to exercise initiative, judgment and discretion as to how to best perform or provide services. 6.INDEMNIFICATION Contractor shall indemnify, hold harmless and defend Tri-City, its members, officers and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorneys’ fees which Tri-City, its officers or employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any negligent or willful act, or negligent or willful omission of Contractor, its agents, servants or employees, in the execution, performance, or failure to adequately perform Contractor’s obligations pursuant to this Contract. 7.INSURANCE 7.1 General Terms. In order to protect itself and to protect Tri-City under the indemnity provisions set forth above Contractor shall, at Contractor’s expense, procure and maintain policies of insurance covering the term of this Contract, as set forth below. Such policies of insurance shall apply to the extent of, but not as a limitation upon or in satisfaction of, the indemnity provisions herein. All retentions and deductibles under such policies of insurance shall be paid by Contractor. Each such policy shall not be canceled by the issuing insurance company without at least thirty (30) days written notice to Tri-City of intent to cancel. 7.2 Coverage. The policies of insurance to be obtained by Contractor pursuant to this section shall be purchased from a licensed carrier and shall include the following: A)Professional Liability (1) A professional liability insurance policy covering personnel of Contractor, if any, who provide professional services under this Contract, which shall include the following 3 7268579v1 111 coverages at a minimum: Personal Injury/Damage: $200,000 per person $600,000 per occurrence B)Workers’ Compensation If applicable, Contractor shall procure and maintain a policy that at least meets the statutory minimum. 7.3 Certificates. Prior to or concurrent with execution of this Contract, Contractor shall file certificates or certified copies of such policies of insurance with Tri-City. 7.4 Failure to Provide Proof of Insurance. Tri-City may withhold payments for failure of Contractor to furnish proof of insurance coverage or to comply with the insurance requirements as stated above until such time the Contractor complies with the requirements of this Section. 8.SUBCONTRACTING Contractor shall not enter into any subcontract for the performance of the services contemplated under this Contract nor assign any interest in the Contract without prior written consent of Tri-City. 9.DEFAULT 9.1 Inability to perform. Contractor shall make every reasonable effort to maintain staff, facilities, and equipment to deliver the services to be purchased by Tri-City. Contractor shall immediately notify Tri-City in writing whenever it is unable to or reasonably believes it is going to be unable to provide the agreed upon quality of services. Upon such notification, Tri-City shall determine whether such inability requires a modification or cancellation of this Contract. 9.2 Duty to Mitigate. Both parties shall use their best efforts to mitigate any damages which might be suffered by reason of any event giving rise to a remedy hereunder. 10.TERMINATION 10.1 With or Without Cause. Notwithstanding any other provision of this Contract, either Party may terminate this Contract at any time for any reason by giving thirty (30) days written notice to the other. Tri-City shall pay to Contractor the reasonable value of services received from Contractor as of the termination date. 10.2 Notice of Default. 4 7268579v1 112 Either Party may terminate this Contract for cause by giving ten (10) days written notice of its intent. Said notice shall specify the circumstances warranting termination of this Contract. 10.3 Failure to Cure. If the Party in default fails to cure the specified circumstances as described by the notice given under the above paragraph within the ten (10) days, or such additional time as may be mutually agreed upon, then the whole or any part of this Contract may be terminated by written notice. 10.4 Notice of Termination. Notice of Termination shall be made by certified mail or personal delivery to the other Party’s Authorized Representative. Notice of Termination is deemed effective upon delivery to the address of the Party as stated in paragraph 12. 10.5 Effect of Termination. Termination of this Contract shall not discharge any liability, responsibility or right of any Party which arises from the performance of or failure to adequately perform the terms of this Contract prior to the effective date of termination, in accordance with the laws of the State of Minnesota. 11.CONTRACT RIGHTS/REMEDIES 11.1 Rights Cumulative. All remedies available to either Party under the terms of this Contract or by law are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies. 11.2 Waiver. Waiver for any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of this Contract shall not be construed to be modification for the terms of this Contract unless stated to be such in writing and signed by authorized representatives of Tri-city and Contractor. 11.3 Force Majeure Contractor will not be responsible for the delay in its performance of any obligation under this Agreement caused by acts of God, legal restrictions, or any other similar conditions beyond the control of Contractor. 5 7268579v1 113 12.AUTHORIZED REPRESENTATIVE Notification required to be provided pursuant to this Contract shall be provided to the following named persons and addresses unless otherwise stated in this Contract, or in a modification of this Contract. To Contractor:Andover: President Director of Public Works/City Engineer RE/SPEC INC.City of Andover 3824 Jet Drive 1685 Crosstown Boulevard NW Rapid City, SD 57703-4757Andover, MN 55304 Fridley: Columbia Heights: Director of Public Works Public Works Director City of Fridley City of Columbia Heights 6431 University Avenue NE 637 - 38th Avenue NE Fridley, MN 55432 Columbia Heights, MN 55421 13.MODIFICATIONS Except as otherwise provided in Section 3.4 hereof, any alterations, variations, modifications, or waivers of the provisions of this Contract shall only be valid when they have been reduced to writing, and signed by authorized representatives of Tri-City and Contractor. 14.LIMITATION OF LIABILITY. NEITHER PARTY WILL, UNDER ANY CIRCUMSTANCES, BE LIABLE TO THE OTHER PARTY FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO THE SERVICES, THIS AGREEMENT OR THE TERMINATION OF THIS AGREEMENT. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH DAMAGES ARE SOUGHT. 15.SEVERABILITY The provisions of this Contract shall be deemed severable. If any part of this Contract is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Contract unless the part or parts which are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Contract with respect to either Party. 16.MERGER AND FINAL AGREEMENT 16.1 This Contract is the final statement of the agreement of the Parties and the 6 7268579v1 114 complete and exclusive statement of the terms agreed upon, and shall supersede all prior negotiations, understandings or agreements. There are no representations, warranties, or stipulations, either oral or written, not herein contained. 17.DISPUTE RESOLUTION 17.1 This Agreement will be construed and enforced according to the laws of the State of Minnesota, without regarding to its conflicts of law rules. Any litigation regarding this Agreement must be filed and maintained in the state or federal courts of the State of Minnesota and the Parties consent to the personal jurisdiction of such courts. No provision of this Section 17 will preclude either Party seeking injunctive relief to prevent immediate or irreparable harm to it, but the mediation stated in Section 17.3 will otherwise be fully exhausted before the commencement of any litigation. 17.2 EACH PARTY IRREVOCABLY WAIVES ANY RIGHT TO A JURY TRIAL WITH RESPECT TO ANY CLAIMS OR DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT. Any lawsuit or other action, regardless of form, relating to this Agreement, including, without limitation, an action for breach of warranty, must be commenced within one year after the later of: (a) date on which the breach of warranty or other cause of action occurred; or (b) date on which that Party knew or should have known of that breach of warranty or other cause of action. 17.3 Prior to commencement of any litigation regarding this Agreement, the Parties agree to voluntary, non-binding mediation to resolve any dispute they may have. The mediation will be conduct by a mutually selected mediator (or if the Parties cannot agree, by a mediator selected by the CPR Institute for Dispute Resolution), in accordance with the CPR Institute's Model Procedure for Mediation of Business Disputes. The Parties will each pay its own attorneys’ fees and will share equally the other mediation costs. While this mediation will be non-binding in all respects (except agreements in settlement of the dispute negotiated by the Parties), each Party will appear when directed by the mediator, be fully prepared to work toward the dispute’s resolution, and participate in good faith. If the mediation does not result in a mutually satisfactory resolution of the dispute within ninety days after it is begun, either Party may commence an action as permitted under Sections 17.1 and 17.2. All negotiations between the Parties pursuant to this Section 17 will be treated as compromise and settlement negotiations for purposes of the applicable rules of evidence. 18.NON-DISCLOSURE OF NON-PUBLIC, PRIVATE OR CONFIDENTIAL INFORMATION 7 7268579v1 115 The parties agree that in order to perform its duties under the terms of this Agreement, Contractor will have access to and may use certain information in the custody of the City that would be categorized as private or non-public data within the meaning of Minnesota law. Any such information or data is confidential and, as an essential and necessary part of this Agreement, Contractor agrees not to disclose, use, or otherwise disseminate any such data or information to any other party or entity other than the City. Use of any such information or data by Contractor during the period of this contract shall be exclusively for the purpose of fulfilling its obligations hereunder. Contractor agrees to indemnify the City and hold it harmless from any and all disclosures of such information and data to any other party as a consequence of its actions, which would include the actions of its agents, employees or anyone else that may be acting under its direction or on its behalf. Any such information and data in Contractor’s possession after fulfillment of its obligations herein shall be destroyed or returned to the City and Contractor shall retain no copies thereof for any purpose. IN WITNESS WHEREOF, the parties hereto have executed this Contract on the date(s) indicated below. CONTRACTOR TRI-CITY GIS ORGANIZATION By: __________________________ By: _________________________ Title: ________________________ Title: _______________________ Date: ________________________ Date: _______________________ By: _________________________ Title: _______________________ Date: _______________________ By: _________________________ Title: _______________________ Date: _______________________ 8 7268579v1 116 Exhibit A Contractor shall provide the following services generally described as GIS Support: Regular Hourly Rate Tri-City 2017 Discount Hourly Rate Specialist $65.00 $56.25 Field Data Collection, Data Input, Data Editing, Data Updates, Data Management, Data Sychronization, Mapping, Geocoding, Analyst $75.00 $65.00 Run reports (CTS, GranitXP), CheckIn/Checkout Field data, Data Modelling, Model Builder, ArcPad Form Creation, Database creation, Update GeoMoose Layers Project Manager $120.00 $95.00 Run meetings, Demos, Training, Task Management, Staff support IT $120.00 $95.00 Software Installation, OS Tech support , General Maintenance of software, CTS technical support Programmer/Developer $150.00 $120.00 Writing Code (HTML, VBSCRIPT), Custom Development (PHP, Javascript), Automation, mapFeeder customization 9 7268579v1 117 AGENDA SECTION CONSENT ITEM NO. MEETING DATE DECEMBER 12, 2016 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: JOINT POWERS AGREEMENT WITH ANOKA COUNTY DEPARTMENT: PUBLIC WORKS CITY MANAGER’S APPROVAL: BY/DATE: KEVIN HANSEN/DECEMBER 8, 2016 BY/DATE: BACKGROUND: City staff has been in discussions with the Anoka County to develop a cost-sharing agreement for the concrete street improvements on Innsbruck Parkway and Peninne Pass. These street sections are the boundary for Kordiak Park, owned by Anoka County. The Concrete Street Rehabilitation program was completed and assessed in 2014. A funding agreement is attached that defines the payment in lieu of assessment responsibilities between Anoka County and the City of Columbia Heights. ANALYSIS/CONCLUSIONS: In summary, the agreement defines that: 1.The City of Columbia Heights has completed major rehabilitation on the concrete streets in Columbia Heights bordering Kordiak Park. 2.The County requested the delay in processing until 2016. 3.The City of Columbia Heights will be responsible for billing Anoka County annually over a 10-year period. 4.The County will pay Columbia Heights annually based on the original assessment of $85,717, plus interest. Interest has been added to the principal balance to account for the delay in payment from the time of the original project assessments. The interest rate shall be the same as established by the Council at the time of the assessment hearing. STAFF RECOMMENDATION: Staff recommends approval of the Joint Powers Agreement for Anoka County for the Concrete Street Rehabilitation Program. RECOMMENDED MOTION(S): Move to enter into a Joint Powers Agreement with Anoka County for funding the County’s share of improvements on Innsbruck Parkway and Peninne Pass. ATTACHMENT(S): Joint Powers Agreement Anoka County Agreement.docx 118 7L JOINT POWERS AGREEMENT CONRETE STREET REHABILITATION INNSBRUCK PARKWAY AND PENNINE PASS THIS AGREEMENT is made as of the _____ day of ____________, 2016, by and between the City of Columbia Heights, Minnesota (“Columbia Heights”), a Minnesota municipal corporation, and County of Anoka, Minnesota (“Anoka County”) a political subdivision of the State of Minnesota. WHEREAS, Anoka County owns and operates a County Park abutting where concrete street improvements have been completed on Innsbruck Parkway from Johnson Street to Pennine Pass and Pennine Pass from Innsbruck Parkway to North Upland Crest as depicted in the attached Exhibit A; and WHEREAS, the improvements consist of concrete street rehabilitation on Innsbruck Parkway from Johnson Street to Pennine Pass and Pennine Pass from Innsbruck Parkway to North Upland Crest, identified as Columbia Heights Project 1302; and WHEREAS, Minn. Stat. § 471.59 provides for the joint exercise of common or similar powers by governmental units and also provides that any one governmental unit may perform on behalf of another governmental unit any service or function which that unit would be authorized to perform for itself; and NOW, THEREFORE, by virtue of the powers granted by law and in consideration of the mutual covenants and agreements of the parties hereto, it is agreed as follows: 1.Columbia Heights prepared plans and specifications for the project, advertised and opened bids in accordance with State of Minnesota law. 2.Construction engineering, including contract administration, feasibility study, staking, construction observation, and materials testing was performed by Columbia Heights. 3.The calculation of cost of the improvements abutting county land was made in accordance with City of Columbia Heights cost apportionment policy and assessing policy. 4.Notwithstanding anything to the contrary herein, Anoka County has requested that County’s share of the improvements be spread over a 10-year period beginning in 2016, and Columbia Heights shall submit invoicing annually. The payoff worksheet for Anoka County’s share is attached as Exhibit B. 5.Columbia Heights shall invoice Anoka County for reimbursement of the County’s portion of the improvements, and Anoka County shall reimburse Columbia Heights according to the annual payoff schedule, within 30 days of receiving the invoice. 119 6.A strict accounting shall be made of all funds, and reports of all receipts and disbursements shall be made upon request of any party hereto. 7.The City and the County represents that its governing body has duly authorized the execution and delivery hereof, and that upon such execution and delivery, this Agreement will be binding as against such party. 8.This Agreement constitutes the entire agreement of the parties on the matter related hereto. This Agreement shall not be altered or amended, except by agreement in writing signed by the parties hereto. If any provision of this Agreement shall be held invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, and the remaining provisions shall not in any way be affected or impaired thereby. This Agreement may be simultaneously executed in several counter parts, each of which shall be any original and all of which shall constitute but one and the same instrument. This Agreement shall be construed in accordance with the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties hereto by their authorized representatives hereunto set their hands as of the day and date first above written. COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS By: By: Rhonda Sivarajah, Chair Gary Peterson, Mayor Anoka County Board of Commissioners By: And by: Jerry Soma Walter Fehst, City Manager Anoka County Administrator 120 15001550 1945 4920 5151 5135 4916 2120 2330 2100 2035 4945 2105 5155 5125 1731 4926 4860 1925 2040 1845 2005 1610 2000 1606 2301 5135 1602 1709 2025 1625 2200 2005 4912 1705 1616 1935 5050 5145 2020 1655 5120 1721 1725 1640 1700 5100 4928 5130 1601 1745 1713 1630 1735 1717 1650 1622 1490 2 3 1 0 1701 1620 1621 6 5140 2125 1629 2330 2 3 0 0 4826 1615 1617 1609 1605 4930 2015 5141 5150 2205 1600 2335 2 2 3 0 4848 5025 2000 4756 4757 4 9 2 3 4859 4739 2335 2225 1498 4908 2330 5115 2305 2210 1640 1633 5150 2205 2335 1805 1900 2 2 3 5 5001 1910 2 2 3 5 2 2 4 0 22 2 5 5035 5055 4925 5045 2 3 0 0 5125 2219 4990 5145 2325 2 2 3 0 22112225 2 3 0 5 2200 2 3 2 5 2150 2115 2025 2035 5135 1641 1540 2220 2135 2125 2045 2105 2205 2 32 0 1660 5 0 65 4904 48204838 4900 5110 2230 1825 5015 5005 4995 4975 4955 4935 1525 1545 1565 1585 5130 5120 5050 5040 1920 5030 2300 2 220 5030 2207 2210 5000 5010 2220 2225 2 3 0 5 2320 1860 1630 4832 1665 5010 1930 2113 5020 2215 2 3 2 5 16301 6 3 7 1735 5150 5140 1725 1715 1605 1705 075 1675 1805 1845 1800 1710 1720 1700 1730 1740 2110 4901 1870 2319 1820 1840 1825 4920 1620 1610 1600 1720 1670 1700 1710 1730 2133 4831 4 9 1 5 2214 1615 1625 1800 1635 2315 2208 4909 2201 2220 4911 2106 1820 2 3 3 2 2123 4931 1860 1840 18501850 2309 1717 2129 2108 2106 2104 2102 2100 4 9 0 0 2105 2113 4915 2100 2132 4736 4742 4762 4775 4730 4747 4757 4743 2114 2119 2123 2036 2101 49 2 7 2227 2020 4901 2320 4732 2 2 2 7 2200 2103 2109 4741 4742 2105 4733 2114 4738 4735 4738 2100 4727 4763 4762 4742 4743 4775 2344 4732 4853 2120 4746 4747 4768 4769 4769 4832 4808 4813 4833 2345 4824 4805 4812 4837 4804 4809 4801 4825 4819 4836 4818 2308 2314 4848 2126 4852 4858 4768 4849 2221 2226 4753 4750 4750 4753 4774 4775 4763 2119 2118 2114 2215 4762 4756 4763 4769 4753 4737 4746 4768 4752 4774 4731 2119 4747 4746 2209 4759 4756 2118 2201 2215 2201 2133 2127 2139 2123 2209 2200 2122 2208 2126 2108 2220 2214 2138 2104 2132 2221 2115 2122 2109 2139 2133 2126 2127 2132 2133 2138 2139 2127 4843 2200 2201 2123 2208 2209 4842 22152214 2220 2221 2226 2227 956 CREST HIGHLAND AVE STINSON P A S S DR C H A L E T DR AR G O N N E BLVD R A I N I E R PASS PKWY INNSBRUCK JOHNSON ST P K W Y FOREST INNSBRUCK PKWY W E S T PL DR FA I R W A Y INNSBRUCK I NNS C I R . W . ST. IMER DR FAIRWAY DRIVE CRES T NO R T H U P L A N D ST . M O R I T Z D R . MA T T E R H O R N DR PENNINE D R EAST UPLAND CREST WESTUPLANDCREST CO N C R E T E S T R E E T RE H A B I L I T A T I O N A R E A TITLE ®CITY OF COLUMBIA HEIGHTS GIS / ENGINEERING DEPARTMENT Map Date: Map Author:K YoungOctober, 2012City of Columbia Heights PROPOSED 2013 ST R E E T R E H A B I L I T A T I O N CONCRETE STREETS gi s / g i s d a t a / E n g i n e e r / P r o j e c t s / S t R e h a b P r o j e c t s / 2 0 1 3 S t R e h a b . m x d 121 AGENDA SECTION CONSENT ITEM NO. MEETING DATE DECEMBER 12, 2016 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: 2017 PROJECT AUTHORIZATIONS DEPARTMENT: PUBLIC WORKS CITY MANAGER’S APPROVAL: BY/DATE: KEVIN HANSEN/DECEMBER 8, 2016 BY/DATE: BACKGROUND: In 2015 Anoka County staff informed City staff that the county road segment of 40th Avenue from Central Avenue to Reservoir Boulevard was scheduled for a mill and overlay under their County Road Rehabilitation program. This is the same program that has completed work on Reservoir Boulevard north of 40th Avenue, 49th Avenue east of Central Avenue, and on 40th Avenue from Central to University Avenues. ANALYSIS/CONCLUSIONS: Staff had asked the County to delay the work on 40th Avenue to allow for evaluation of city utilities. Subsequently, the water main in this segment was cleaned and lined in 2016. An evaluation of the storm sewer from Central Avenue to LaBelle Pond has detailed that the structures and storm lines are in poor condition and need replacement. Additionally, this intersection is subject to flooding and can be improved by additional storm sewer. Another road segment in Columbia Heights that the County is considering in 2017 is Main Street north of 40th Avenue. The water main from 40th to 42nd Avenues has experienced several water main breaks and should be replaced prior to the road work in 2017. RECOMMENDED MOTION(S): Move to order the improvements and direct the City Engineer to prepare plans and specifications for the utility rehabilitation of storm sewer on 40th Avenue east of Central Avenue and the replacement of water main on Main Street between 40th and 42nd Avenues. 122 7M AGENDA SECTION CONSENT ITEM NO. MEETING DATE DECEMBER 12, 2016 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: RFP FOR PROFESSIONAL SERVICES FOR REHABILITATION OF KEYES PARK DEPARTMENT: PUBLIC WORKS CITY MANAGER’S APPROVAL: BY/DATE: KEVIN HANSEN/December 8, 2016 BY/DATE: BACKGROUND: Since 2007, the Park & Recreation Commission has used a process of public input and review to form a basis for the creation of Master Plans for the redevelopment of city parks. To date, Sullivan Lake Park, Silver Lake Beach Park, Ramsdell Park, and LaBelle Park have all had Master Plans prepared. Based on the completed Master Plans, construction plans and specification were prepared for each park. STAFF RECOMMENDATION: A similar master planning process has now been completed, considering condition of the park and amenities, park features and unmet needs, past Commission and public discussions/review, and uses. The Commission held an informational meeting for Keyes Park in April with two Concept Plans presented and reviewed. Following that meeting, the concept plans were placed on the City website and at the Library, The Commission reviewed all public comments at their May 2016 regular meeting for a final recommendation to the City Council. The Master Plan approved by the City Council on August 22nd includes the following elements: 1.Realigned athletic fields (2) 2.Introduction of a soccer field 3.Remodeling of the existing warming house 4.Adding a medium-sized picnic shelter to the warming house 5.New playground 6.Addition of a paved walking trail 7.An outdoor adult fitness area 8.Reconfigured parking lots 9.Rain gardens/infiltration basins for water quality 10.Site landscaping 11.Preserve sliding hill In the 2017 Parks Capital Improvement budget, $350,000 was requested for the reconstruction of the park based on elements of the Master Plan. To perform the work in 2017, plans and specifications will need to be prepared in early 2017 to allow for bidding in the spring and summer construction. RECOMMENDED MOTION(S): Authorize staff to seek proposals for professional services for the rehabilitation of Keyes Park based on the approved Master Plan. ATTACHMENT(S): Keyes Park Master Plan 123 7N ARCHITECTURE + ENGINEERING + ENVIRONMENTAL + PLANNING www.is-grp.com KEYES PARK MASTER PLANPROJECT #18763 - JUNE 1, 2016 COLUMBIA HEIGHTS, MN NFEET 0 SCALE: 1”=40’-0” 40 80 120 LE G E N D Re s e r v o i r B o u l e v a r d 46th Avenue NE 45th Avenue NE 45 1/2 Avenue NE PARK MONUMENT SIGN PARKING LOT •TOTAL = 41 + 2 H.C. STALLS •SECURITY LIGHTING RENOVATED WARMING HOUSE + OPEN AIR PICNIC SHELTER EXPANSION •30 PERSON CAPACITY (SHELTER) CHILDREN’S PLAY AREA •~5,000 SF FITNESS PLAZA PICNIC AREA / OPEN LAWN 260’ MULTI-USE FIELD + INFIELD •REMOVABLE OUTFIELD FENCING SOCCER FIELD •90’ X 150’ •FLEXIBLE USE SPACE FOR FIELD PLACEMENT SLEDDING HILL PORTABLE RESTROOM ENCLOSURE SCENIC OVERLOOK / BENCH SEATING VEGETATIVE BUFFER STORMWATER MANAGEMENT AREA PEDESTRIAN TRAIL •8’ WIDE PAVED PARK PROPERTY BOUNDARY 6’ WIDE CONCRETE WALK CONNECTION TO 44TH AVENUE PRECEDENT + PLAN THEMES 124 AGENDA SECTION ITEM NO. MEETING DATE CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: LELS Labor Agreement - Sergeants DEPARTMENT: Administration CITY MANAGER’S APPROVAL: BY/DATE: Kelli Bourgeois; 12/9/16 BY/DATE: The labor agreement between the City and Law Enforcement Labor Services (LELS), representing the Police Sergeants, terminates on December 31, 2016. Negotiations between the City and Law Enforcement Labor Services, Inc. - Sergeants Unit have resulted in a mutually acceptable labor agreement for calendar years 2017 and 2018. The proposed changes are as follows: Wages: 2017: 2.25% cost of living adjustment over 2016 wages, effective January 1, 2017 1.5% market adjustment effective January 1, 2017 2018: 2.5% cost of living adjustment over 2017 wages, effective January 1, 2018 1.5% market adjustment effective January 1, 2018 Insurance: 11.1 The EMPLOYER will contribute up to a maximum of eight hundred sixty-five dollars ($865) per month per (permanent and probationary full-time) employee for group health, and group dental, including dependent coverage, life and long term disability insurance for calendar year 2017. For employees taking family health insurance through the EMPLOYER, the EMPLOYER will contribute an additional $100 per month towards health insurance premiums, for a total EMPLOYER contribution of $965 for employees taking family health insurance. No retroactive insurance benefits payments will be made to any employee terminating employment during calendar year 2017 prior to Council ratification of 2017 employer contribution rate for insurance. 11.2 The EMPLOYER will contribute up to a maximum of eight hundred sixty-five dollars ($865) per month per (permanent and probationary full-time) employee for group health and group dental, including dependent coverage, life and long term disability insurance for calendar year 2018. For employees taking family health insurance through the EMPLOYER, the EMPLOYER will contribute an additional $200 per month towards health insurance premiums, for a total EMPLOYER contribution of $1065 for employees taking family health insurance. In 2018, The EMPLOYER will allow (permanent and probationary full time) employees who are covered by a group plan elsewhere to waive City health insurance coverage and receive $200 per month to be paid into a deferred compensation plan. Attached please find Resolution 2016-131 which would adopt and establish the changes as negotiated for calendar years 2017 and 2018. Also attached please find a copy of the new contract language incorporating said changes. Sergeants Council Letter Consent 7O December 12, 2016 125 City of Columbia Heights - Council Letter Page 2 RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2016-131, regarding the Labor Agreement between the City of Columbia Heights and Law Enforcement Labor Services, Inc. Local #342, Police Sergeants, effective January 1, 2017-December 31, 2018. 126 RESOLUTION NO. 2016-131 A Resolution of the City Council for the City of Columbia Heights, Minnesota, approving a collective bargaining agreement between the City of Columbia Heights and Law Enforcement Labor Services, Inc. Local No. 342 – Police Sergeants Whereas, negotiations have proceeded between Law Enforcement Labor Services, Inc. (LELS), Local No. 342, representing Police Sergeants of the City, and members of the City’s negotiation team; and Whereas, said negotiations have resulted in a mutually acceptable collective bargaining agreement for calendar years 2017 and 2018; and Whereas, changes to the current agreement are hereby attached as Exhibit A, and a copy of said collective bargaining agreement is available for inspection at the Office of the City Manager and is made a part hereof by reference. Now therefore, be it resolved that the collective bargaining agreement as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 2017 and 2018 for LELS, Local No. 342 –Police Sergeants, bargaining unit employees of the City; and Be it further resolved that the Mayor and City Manager are hereby authorized to execute this collective bargaining agreement and memorandum of understanding. Passed this _________ day of ______________________, 2016 Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Attest: Katie Bruno, City Clerk/Council Secretary Resolution 2016-131 127 Exhibit A ** PROPOSED CHANGES FOR 2017/2018 ** LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND LAW ENFORCEMENT LABOR SERVICES, INC. UNION, LOCAL NO. 342 POLICE SERGEANTS January 1, 2017 – December 31, 2018 128 ARTICLE VIII – SAVINGS CLAUSE This AGREEMENT is subject to the laws of the United States, the State of Minnesota and the City of Columbia Heights. In the event any provision of this AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, or administrative ruling, or is in violation of legislation or administrative regulations, such provisions shall be voided. All other provisions of this AGREEMENT shall continue in full force and effect. The voided provisions may be renegotiated at the written request of either party. ARTICLE XI INSURANCE 11.1 The EMPLOYER will contribute up to a maximum of eight hundred sixty-five dollars ($865) per month per (permanent and probationary full-time) employee for group health, and group dental, including dependent coverage, life and long term disability insurance for calendar year 2017. For employees taking family health insurance through the EMPLOYER, the EMPLOYER will contribute an additional $100 per month towards health insurance premiums, for a total EMPLOYER contribution of $965 for employees taking family health insurance. No retroactive insurance benefits payments will be made to any employee terminating employment during calendar year 2017 prior to Council ratification of 2017 employer contribution rate for insurance. 11.2 The EMPLOYER will contribute up to a maximum of eight hundred sixty-five dollars ($865) per month per (permanent and probationary full-time) employee for group health and group dental, including dependent coverage, life and long term disability insurance for calendar year 2018. For employees taking family health insurance through the EMPLOYER, the EMPLOYER will contribute an additional $200 per month towards health insurance premiums, for a total EMPLOYER contribution of $1065 for employees taking family health insurance. In 2018, The EMPLOYER will allow (permanent and probationary full time) employees who are covered by a group plan elsewhere to waive City health insurance coverage and receive $200 per month to be paid into a deferred compensation plan. ARTICLE XIX WAGE RATES 19.1 Effective January 1, 2017: Entry: $7,437 per month After 1 year: $7,666 per month 19.2 Effective January 1, 2018: Entry: $7,734 per month After 1 year: $7,973 per month ARTICLE XXV DURATION This AGREEMENT shall be effective as of January 1, 2017, except as otherwise noted, and shall remain in full force and effect until the thirty-first day of December, 2018. 129 AGENDA SECTION CONSENT ITEM ITEM NO. MEETING DATE DECEMBER 12, 2016 CITY OF COLUMBIA HEIGHTS – CITY COUNCIL ITEM: Second Reading of Ordinance 1637, Sale of City’s Vacant Asset Located at 820 40th Avenue NE DEPARTMENT: Community Development CITY MANAGER’S APPROVAL: BY/DATE: Keith M Dahl, December 6, 2016 BY/DATE: BACKGROUND: The City Council (Council) previously determined that the sale of the City’s Vacant Asset located at 820 40th Avenue NE (Property) would directly result in revenue to City, annual operational cost savings, capital improvement cost savings, and disposal of a vacant asset no longer used for a public purpose. Thus, Council authorized CORE Commercial Real Estate (CORE) on March 28, 2016 to market and sell the Property for $650,000. CORE prepared a Broker’s Opinion of Value and estimated, on an “As-Is” value base, the Property will sell anywhere from $550,000 to $650,000; with expectations for the Property to sell towards the higher end of that spectrum. Anoka County values the Property at $595,000. On November 28, 2016 the Council approved the first reading of Ordinance 1637 with two minor changes pertaining to the commercial purchase agreement as presented. Attached is the revised commercial purchase agreement. The changes to the commercial purchase agreement are as followed with a strike as a deletion and an underline as an addition: 3.DATE OF CLOSING. The date of closing shall be on or before ten days after the city of Columbia Heights approval of this agreement January 30, 2017, see Exhibit B, by a Buyers Lender ("Closing Date"), on which date Seller shall deliver a Quitclaim Deed X, for the Property and such other documentation referred to at paragraph 8 hereof. The date of possession shall also be the date of Closing. 6.PHYSICAL INSPECTION. Seller shall provide Buyer access to the Property at reasonable times and with a minimum of 24-hour notice during regular business hours for the purpose of conducting inspections thereof including mechanical, structural, electrical and other physical inspections. Buyer has 10 days after execution date of this Agreement to complete such physical inspection. In addition, Buyer shall, at his cost, have an architect determine whether Buyer can remodel this property. In the event Buyer, in its sole discretion, is dissatisfied with such inspection, Buyer may cancel this Agreement by written notice to Seller and in such event this Agreement shall be null and void and Earnest Money shall be refunded. If the Buyer, in its sole discretion, does not cancel this Agreement by written notice to Seller within 3 calendar days of the expiration of the above referenced physical inspection period, then Earnest Money shall become non-refundable, the Earnest Money will be released from the Title Company trust account to Seller, at Seller’s discretion. For Council’s consideration this evening is the second reading of Ordinance 1637, an ordinance authorizing the sale of the Property to the prospective buyer. If Council approves the second reading of Ordinance 1637, the Mayor and the City Manager will be authorized to execute the sale of the Property. City of Columbia Heights – CC Letter 7P 130 City of Columbia Heights - Council Letter Page 2 STAFF RECOMMENDATION: Staff recommends approving the second reading of Ordinance 1637. RECOMMENDED MOTION(S): Motion: Move to waive the reading of Ordinance No. 1637, there being ample copies available to the public. Motion: Move to approve Ordinance No. 1637, being an ordinance approving the commercial purchase agreement for the sale of certain real property located at 820 40th Avenue NE by and between the City of Columbia Heights and Mulata Associates, a Minnesota limited liability company. ATTACHMENTS: 1.Ordinance 1637 (1 Page) 2.Commercial Purchase Agreement (10 Pages) 131 ORDINANCE NO. 1637 BEING AN ORDINANCE APPROVING THE COMMERCIAL PURCHASE AGREEMENT FOR THE SALE OF CERTAIN REAL PROPERTY LOCATED AT 820 40TH AVENUE NE BY AND BETWEEN THE CITY OF COLUMBIA HEIGHTS AND MULATA ASSOCIATES, A MINNESOTA LIMITED LIABILITY COMPANY. The City of Columbia Heights does ordain: SECTION 1: The City of Columbia Heights, a Minnesota municipal corporation, may convey unto Mulata Associates LLC, the real property described as follows, to wit: 820 40th Avenue: Lots Three (3), Four (4), and Five (5), Block Sixty-Four (64), Columbia Heights Annex to Minneapolis, Anoka County, Minnesota, according to the plat thereof on file and of record in the office of the Register of Deeds in and for Anoka County, Minnesota. SECTION 2: The Mayor and the City Manager are herewith authorized to execute a deed to effectuate the conveyance of said real property. This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: November 28, 2016 Offered by: Williams Seconded by: Murzyn, Jr Roll Call: All Ayes Second Reading: December 12, 2016 Offered by: Seconded by: Roll Call: Date of Passage: Gary L. Peterson, Mayor Attest: Katie Bruno, City Clerk/Council Secretary Ordinance No. 1637 132 1 STANDARD FORM COMMERCIAL PURCHASE AGREEMENT THIS AGREEMENT, made as of November 14, 2016 by and between City of Columbia Heights ("Seller") and Mulata Associates LLC, a Minnesota limited liability company and or its assigns ("Buyer"). WITNESSETH: WHEREAS, Seller is now the fee owner of certain real property situated in the County of Anoka, State of Minnesota, commonly known as 820-40th Avenue, Columbia Heights MN 55421, PID # 353024410115 and legally described on Exhibit "A" attached hereto and made a part hereof; and WHEREAS certain buildings and improvements (which together are hereinafter referred to as the "Building") are located on said real property (the Building and real property being hereinafter referred to as the "Property"). NOW, THEREFORE, for valuable consideration, the adequacy and receipt of which are hereby acknowledged, Buyer and Seller agree as follows: 1.SALE. Buyer agrees to purchase the Property from Seller, and Seller agrees to sell the Property to Buyer on the terms and subject to the conditions hereinafter set forth. 2.PURCHASE PRICE AND PAYMENT. Buyer agrees to pay the amount of Five Hundred Seventy Thousand and 00/100 Dollars ($570,000.00) for the Property ("Purchase Price") in the following manner: a.Earnest money in the amount of Fifteen Thousand Dollars and no/100 ($15,000.00), by X check, note, cash) receipt of which amount is hereby acknowledged by Seller. Said Earnest Money shall be deposited in a title company trust account within 5 business days upon execution of this Purchase Agreement by all parties. 133 Pa g e 2 B. Five Hundred Seventy Thousand ($570,000.00) Cash on the date of Closing which will include the Earnest Money of Fifteen Thousand Dollars 3.DATE OF CLOSING. The date of closing shall be on or before January 30, 2017, see Exhibit B, by a Buyers Lender ("Closing Date"), on which date Seller shall deliver a Quitclaim Deed X, for the Property and such other documentation referred to at paragraph 8 hereof. The date of possession shall also be the date of Closing. 4.REAL ESTATE TAXES, SPECIAL ASSESSMENTS AND PRORATIONS. a.Seller represents that all real estate taxes and installments of special assessments due and payable in all years prior to the year of Closing have been paid in full. Real estate taxes and installments of special assessments due and payable in the year of Closing shall be prorated on a calendar year basis as of the date of closing. Unpaid levied and pending special assessments existing on the date of Closing shall be X paid by Seller on or before the Closing. Buyer shall pay all taxes due and payable in the year after Closing and any unpaid installments of special assessments payable therewith and thereafter. b.Property shall be free of any renters and Seller shall provide notices 30 days before closing but after financing approval. Seller shall be entitled to all income earned and shall be responsible for all expenses incurred on or before the Closing Date. 5.DOCUMENT INSPECTION. Within ten (10) days after date of this Agreement, and at Seller' sole cost, Seller shall provide Buyer with the following items: a.A Title Insurance commitment for an ALTA owner's title insurance policy (ALTA owner 1992 Form B) from a Title Insurance Company Naming Buyer as the proposed insured in the amount of the total Purchase Price, committing to insure marketability, said commitment shall include or shall be supplemented by the following: (i) Itemization of all outstanding levied and pending special assessments or Statements that there are none. 134 Pa g e 3 (ii) Itemization of all taxes affecting the Property and the year to which they relate. (iii) Copies of all documents creating exceptions to title. Buyer shall be allowed five (5) days after receipt of said commitment for examination and the making of any objections to marketability of title said objections to be made in writing or deemed waived. If any objections are so made, the Seller shall be allowed thirty (30) days from receipt of said objections to make such title marketable, but shall be under no obligation to do so. Pending correction of title, the payments hereunder required shall be postponed, but upon correction of title and within ten (10) days after written notice of correction to the Buyer, the parties shall perform this Agreement according to its terms. If title is not corrected within said thirty (30) days, and then this Agreement shall be null and void at Buyer's option, which shall be exercised within five (5) days after the expiration of said thirty (30) day period. If no cancellation notice is duly given, this Agreement shall be performed in accordance with its terms. If Buyer elects to cancel this Agreement as set forth herein, then both parties shall execute a Cancellation Agreement and neither party shall be liable to the other for damages hereunder and earnest money paid hereunder shall be refunded to Buyer. Seller shall pay for the cost of issuing the title commitment and Buyer shall pay the owner's title insurance premium. b.Current leases if any, lease guaranties and rent roll listing names of all tenants, occupancy date, lease expiration date, rent, and security deposit and accrued interest thereon. c.Copies of all service and other contracts and written summaries of any verbal agreements of any kind or nature affecting the Property which are not terminable on thirty (30) day notice, including but not limited to, management, rubbish removal and service contracts, if any. 135 Pa g e 4 d.Copies of all notes, mortgages, security agreements, assignments of rents or other agreements or documents relating to financing matters affecting the Property and which will continue to affect the Property after Closing. e. Except as otherwise provided above, Buyer shall have ten (10) days after receipt of the last of the above documents to examine same ("Review Period"). In the event the Buyer in its sole discretion is not satisfied with such documents, Buyer may cancel this Agreement by written notice to Seller any time within the Review Period and in such event this Agreement shall be null and void and Buyer's earnest money and any interest earned thereon shall be promptly returned. If not so cancelled, Buyer shall perform this Agreement in accordance with its terms. 6.PHYSICAL INSPECTION. Seller shall provide Buyer access to the Property at reasonable times and with a minimum of 24-hour notice during regular business hours for the purpose of conducting inspections thereof including mechanical, structural, electrical and other physical inspections. Buyer has 10 days after execution date of this Agreement to complete such physical inspection. In addition, Buyer shall, at his cost, have an architect determine whether Buyer can remodel this property. If the Buyer, in its sole discretion, does not cancel this Agreement by written notice to Seller within 3 calendar days of the expiration of the above referenced physical inspection period, then Earnest Money shall become non-refundable, the Earnest Money will be released from the Title Company trust account to Seller, at Seller’s discretion. City Approval: This offer is contingent upon Buyer receiving city approval for Buyer’s intended use of the Property. Buyer intend to have multiple uses which include; Adult Day Care, traditional office and community events in lower level. 7.PERSONAL PROPERTY. This sale includes all garden bulbs, plants, shrubs and trees, all storm sashes, storm doors, detachable vestibules, screens, awnings, window shades, blinds, curtain rods, lighting fixtures and bulbs, plumbing fixtures, hot water tanks and heating plant, water softener and liquid gas tank and controls (if the property of Seller), television antennas, and central air conditioning equipment, if any, used and located on the Property but excluding any such items owned by any tenant of the Property. In addition, all 136 Pa g e 5 the furniture and equipment currently used to in and around the building as documented on Exhibit C. 8.DOCUMENTS TO BE DELIVERED ON DATE OF CLOSING. Subject to full, complete and timely performance by Buyer of its obligations herein, Seller shall deliver to Buyer on the Date of Closing the following documents: a.Quit Claim Deed described at paragraph 3 hereof, duly executed and acknowledged by Seller. b.Affidavit, in the customary form, relative to judgments, federal tax liens, mechanic's liens, bankruptcy and outstanding interest in the Property and non-foreign ownership. Seller warrants and represents that he/it is not a "foreign person" as defined by the Foreign Investment in Real Property Act (FIRPTA) and the parties agree to execute any documents and perform any acts reasonably necessary to carry the regulations and provisions of FIRPTA. c.Assignment of all leases which continue past closing. d.An assignment of any and all contracts and agreements which will continue to affect the Property after Closing and originally executed copies of each such agreement. e.All master keys, keys for each tenant and related keys. f.A bill of sale for all equipment, machinery, supplies and personal property sold hereunder. g.Seller shall pay the deed tax due. 9.REPRESENTATIONS AND WARRANTIES OF SELLER. Seller represents warrants and agrees now and as of the Closing that to its current, actual knowledge: a.To the best of Seller’s knowledge, There are no underground storage tanks located on the Property. 137 Pa g e 6 b.The person executing this Agreement on behalf of Seller has full authority to bind the Seller to this Agreement. c.To the best of Seller’s knowledge the Property neither contains (except normal quantities found in commercial retail establishments), releases or threatens to release any toxic substance, hazardous material or waste, or any pollutant or contaminant within the meaning of any federal or state superfund law, environmental law, rule or order. d. The property is being sold “as is” and Seller makes no represenations or warranties to the physical condition of the Property, 10.CASUALTY LOSS. The risk of loss from fire or other casualty shall remain on Seller until Closing. If prior to Closing, any improvements on the Property are substantially damaged by fire or other casualty, Seller shall notify Buyer in writing of the casualty promptly following its occurrence and Buyer shall within ten (10) days of the notice have the election of proceeding with the Closing and receiving the insurance proceeds payable for the loss (or an assignment thereof if the same are not received by Closing) or canceling this Purchase Agreement and receiving back the earnest money deposited, all subject to the terms of any lease of the Property. 11.CONDEMNATION. The risk of loss from condemnation or threat thereof shall remain on Seller until Closing. If prior to Closing any of the Property is condemned under the power of eminent domain, is the subject of a threatened condemnation, or is conveyed to a condemning authority in lieu of condemnation, Seller shall notify Buyer in writing of that threat, condemnation or conveyance promptly following its occurrence. Buyer shall within ten (10) days of the notice have the option of proceeding with the Closing, and receiving the award of condemnation payment (or an assignment thereof if the same is not received by Closing), or canceling this Purchase Agreement and receiving back the earnest money deposited, all subject to the terms of any lease of the Property. 12.D EFAULT. If title is marketable or is corrected within the time prescribed at Section 5a hereof, and Buyer defaults in any of the agreements herein, Seller may 138 Pa g e 7 terminate this Agreement, and on such termination all payments made hereunder shall be retained by Seller, as liquidated damages, time being of the essence hereof. This provision shall not deprive either party of the right of enforcing the specific performance of this Agreement, provided this Agreement is not terminated and action to enforce specific performance is commenced within six months after such right of action arises. In the event Buyer defaults in its performance of the terms of the Agreement, and Notice of Cancellation is served upon the Buyer pursuant to MSA 559.21, the termination period shall be thirty (30) days as permitted by Subdivision 4 of MSA 559.21. 13.ACCEPTANCE. Buyer understands and agrees that this sale is subject to acceptance by Seller in writing. Results Real Estate, Incorporated. Is not liable or responsible on account of this Agreement except to return or account for the earnest money. 13.D ISCLAIMER. All parties to this transaction agree that although Results Real Estate Incorporated (“RREI”) originated this Purchase Agreement for the convenience of this transaction, that RREI shall not be responsible or liable by the parties for any inconsistencies, omissions or errors contained within. RREI is only responsible to hold the Earnest Money as instructed within this Purchase Agreement. 14.BROKERAGE. The parties mutually agree that no brokers have been involved in procuring this transaction other than Core Commercial Real Estate agent for the Seller, the parties will hold each other harmless against any claims for commissions or finder’s fees associated with the sale of the Property. At the Closing, CORE Commercial Real Estate will receive from Seller a brokerage commission per a separate listing agreement due from Seller. Except as set forth herein, there are no claims for brokerage commission or other payments with respect to the property, including sales and/or leasing commissions which will survive and remain unpaid after the Closing Date 15.MISCELLANEOUS. a.Seller and Buyer do hereby acknowledge that time is of the essence of this Agreement. 139 Pa g e 8 b.During the period between the date of execution of this Agreement and Closing, Buyer may have access to the Property at reasonable times with 24-hour notice during regular business hours for further inspections as may be reasonable. c.All notices, demands and requests which may be given or served or which are required to be given or served by either party to the other shall be in writing and shall be sent via United States mail, certified mail, return receipt requested, postage prepaid, addressed as follows: If to Seller: City of Columbia Heights 590 40th Av NE Columbia Heights MN 55421 Cc: Mike Dolan Core Commercial Real Estate Email: www.mdolan@corecommercialre.com If to Buyer: Mulata Associates LLC Sham Hassan or Kadir Hassan 2551 Ridge Lane Mounds View, MN 55112 Cc: Notices, demands and requests by the Seller or Buyer in the manner aforesaid shall be deemed sufficiently served or given for all purposes hereunder at the time of such notice; demand or request shall be mailed. Either party may change the place to 140 Pa g e 9 which notice is to be sent by serving a written notice thereof upon the other in accordance with the terms hereof. d.This Agreement shall inure to the benefit of, and shall be binding upon, the heirs, administrators, successors and permitted assigns of the parties hereto. e.Buyer shall have the option to assign its rights in this Purchase Agreement prior to Closing to a different LLC without the prior written consent of Seller. f.That the terms and conditions of this Agreement, together with any applicable warranties and representations contained herein (each of such warranties and representations to be deemed related and to be true and correct on the date of Closing) shall survive the Closing and not be merged by Buyer's execution or acceptance of a Deed, or other document used in connection with the Closing. g.This Agreement shall be construed in accordance with the laws of Minnesota. SELLER: City of Columbia BUYER: Mulata Associates LLC Heights and or its assigns By: By: By: Its: Date: Date: 141 Pa g e 10 EXHIBIT "A" LEGAL DESCRIPTION Property ID 35-30-24-41-0115 Situs Address 820 40TH AVE NE , COLUMBIA HEIGHTS, MN 55421 -0000 Property Description COLUMBIA HEIGHTS ANNEX TO MINNEAPOLIS,ANOKA COUNTY, MINNESOTA LOTS 1 THRU 5 BLK 64 & NLY 28 FT OF LOT 6 BLK 64 COL HTS ANNEX Legal to govern EXHIBIT B Personal Property All furniture, bookcases, displays, telephone equipment currently located in the building and not required for the new library. All equipment currently used to maintain the building, all kitchen equipment and appliances, all window coverings, Seller: City of Columbia Heights Buyer: M ulata Associates LLC By: By: By: Its: Date Date 142 143 7Q 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 AGENDA SECTION CONSENT ITEM NO. MEETING DATE DECEMBER 12, 2016 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Rental Housing Licenses DEPARTMENT: Fire CITY MANAGER’S APPROVAL: BY/DATE: Gary Gorman BY/DATE: STAFF RECOMMENDATION: Approval of attached list of rental housing applications. RECOMMENDED MOTION(S): Move to approve the items listed for rental housing license applications for December 12, 2016, in that they have met the requirements of the Property Maintenance Code. ATTACHMENTS: Licenses to Approve (TIFF) 7R 160 161 AGENDA SECTION CONSENT ITEM NO. 7S MEETING DATE DECEMBER 12, 2016 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Transfer of Funds to Fire Department Budget DEPARTMENT: Fire CITY MANAGER’S APPROVAL: BY/DATE: Gary Gorman BY/DATE: The Minnesota Board of Firefighter Training and Education (MBFTE) provide reimbursements of costs associated with firefighter training and certification. The funds are appropriated by the State Legislature from the Fire Safety Account and are dispersed through an application process. $7200.00 was reimbursed this year. The Fire Department received reimbursement for supplies purchased from various sources. $1325.85 was received in 2016. Columbia Heights Fire is part of a County wide Fire Recruitment and Retention Grant from FEMA. The grant will reimburse for costs associated with recruiting new firefighters and training them to minimum standards. $7672.00 was reimbursed for personal protective equipment and medical exams. Anoka County Emergency Management reimburses local governments for training activities and equipment. $390.00 was reimbursed for training. The State of Minnesota provides funding on an annual basis for volunteer firefighter pensions. The funding is distributed to the City, which then passes it on to the Fire Department Volunteer Relief Association. This funding is a budgeted item in the Fire budget but the amount changes each year. An adjustment is needed for the Fire budget to match the amount received in 2016. A difference of $2868.41 above the budgeted amount was distributed. Total of reimbursements is $19,456.26 STAFF RECOMMENDATION: Approve the transfer of reimbursed funds from the General Fund to the Fire Department Budget RECOMMENDED MOTION(S): Move to approve the transfer of $19,456.26 from the General Fund to the Fire Department budget. ATTACHMENTS: None 162 AGENDA SECTION CONSENT AGENDA ITEM NO. 7T MEETING DATE DECEMBER 12, 2016 , 2016 ,2016 , 2015 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER Dec 12 2016 lic agenda ITEM: LICENSE AGENDA DEPARTMENT: Community Development CITY MANAGER’S APPROVAL: BY/Date: Dec. 7, 2016 BY/Date: BACKGROUND/ANALYSIS Attached is the business license agenda for the December 12, 2016 Council meeting. This agenda consists of applications for 2017 Contractor Licenses and Business Licenses for 2017. 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. Please Note: 1.Any highlighted licenses are pending Police Dept approval and won’t be released until it is received. 2.Licenses for Zentral Massage and its two therapists are not being renewed for 2017 based on notification from the MN Dept of Revenue that they are behind in taxes and their license to operate will cease Dec. 31, 2016 per their orders. If I receive written confirmation that the debt has been satisfied, then we will consider the licenses at that time. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for December 12, 2016 as presented. 163 City of Columbia Heights - Council Letter Page 2 TO CITY COUNCIL December 12, 2016 *Signed Waiver Form Accompanied Application CONTRACTOR’S LICENSES-2017 BLDG *Dean’s Prof Plumbing 7400 Kirkwood Ct N, Maple Grove $60 *A-ABC Appl. Dba Total Comfort 4000 Winnetka Ave, New Hope$60 *Krinkie Htg & AC87 East Co Rd B, St Paul $60 *J & J Mechanical452 8th Ave SW, Lonsdale $60 *Indigo Sign Works Inc4133 Iowa St, Alexandria $60 Gregory McFarlane 3980 5th St NE, Col. Hts $60 *Corval Constructors Inc1633 Eustis St, St Paul $60 *Riccar Htg & Air2387 Station Pkwy NE, Andover $60 *Metropolitan Mech7450 Flying Cloud Dr, Eden Prairie $60 Tschida Bros Pl 1036 Front St, St Paul $60 *Harris Contract Co.909 Montreal Cir, St Paul $60 Oneka Plumbing 14199 Fondant Ave N, Hugo $60 *The Davey Tree Expert2500 Fernbrook Ln, Plymouth $60 *Birch Tree Care 3100 Spruce St, Little Canada $60 *John Koppi 23868 167th St NW, Big Lake $60 *Hiawatha Tree Service5225 43rd Ave S, Mpls $60 *Nations Roof North LLC901 Sentry dr, Waukesha, WI $60 *Ryan Companies50 So. 10th St #300, Mpls $60 *Glacier Plumbing Inc680 Valhalla Dr NE, Cedar $60 *C & S Blacktopping14435 Northdale Blvd, Rogers $60 BUSINESS LICENSES 2017 LIQUOR LICENSE *Sarna’s Classic Grill 3939 University Ave $6,700 *LaCasita Restaurant5085 Central Ave $6,700 2017 CLUB LICENSE/TEMPORARY *Columbia Hts Lions Club 530 Mill St NE, Columbia Hts.$500 Club *Columbia Hts Lions Club 530 Mill St NE, Columbia Hts.$400 Temp-Jamboree 2017 COURTESY BENCHES *Benchmark 8844 Central Ave NE, Blaine $250 *US Bench Corp 3300 Snelling Ave, Mpls $400 2017 MISC. CIGARETTE SALES *Big Stop Mart 334 40th Ave, Col. Hts.$300 *Jerusalem Market4945 Central Ave, Col. Hts $300 2017 SMOKE SHOP *Smoke & Vape 2311 37th Ave, Col. Hts $300 164 City of Columbia Heights - Council Letter Page 3 2017 WINE/BEER LICENSE *Jimmy’s Pro Billiards 4040 Central Ave NE $2,400 *Royal Orchid 4022 Central Ave NE $1,600 *Miller’s Corner Bar547 40th Avenue NE $1,600 *Karta Thai 3800 Central Ave NE $2,400 2017 GAMES OF SKILL *Mendota Valley 390 Richmond St E, S. St Paul $210 For VFW & Jimmy’s Pool Hall *Jimmy’s Breaktime Billiards 4040 Central Ave $345 *Theisen Vending 2335 Nevada Ave N, Golden Valley $90 2017 POOL HALL *Jimmy’s Breaktime Billiards 4040 Central Ave $100 2017 MASSAGE BUSINESS/INDIVIDUAL LICENSES *Healing BodyWorks-Business 5172 Central Ave $500 *Hong Jun Liao-Individual 5172 Central Ave $350 *Zhen Hua Liu-Individual5172 Central Ave $100 *Jeanne Ramirez-Individual 5075 Johnson St $350 *Jennifer Pyper-Muno-Individual3813 Hayes St $100 2017 MONEY EXCHANGE SJB Enterprise 4639 Central Ave State Licensed 165 COUNCIL MEETING OF: December 12, 2016 . STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion: Move that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has reviewed the list of claims paid covering check number 163821 through 163955 in the amount of $ 392,069.72. These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are herby, recommende d for payment. 166 AGENDA SECTION CONSENT ITEMS ITEM NO. 7U MEETING DATE DECEMBER 12, 2016 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 12/08/2016 11:32:51 Check History GL050S-V08.02 COVERPAGE GL540R ******************************************************************************* * * * * L E A N N O * * * * * * * * L E A N N O * * * * * * * * L E A N N O * * * * * * * * L E A N N O * * * * ******************************************************************************* Report Selection: Optional Report Title.......12/12/2016 COUNCIL LISTING INCLUSIONS: Fund & Account. thru Check Date.................. thru Source Codes................ thru Journal Entry Dates......... thru Journal Entry Ids........... thru Check Number................ 163821 thru 163955 Project..................... thru Vendor...................... thru Invoice..................... thru Purchase Order.............. thru Bank........................ thru Voucher .................... thru Released Date............... thru Cleared Date................ thru Include Exp/Rev Closing Entries N Create Excel file & Download N Run Instructions: Jobq Banner Copies Form Printer Hold Space LPI Lines CPI CP SP RT L LEANNO 01 PRT04 Y S 6 066 10 Y Y 167 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 12/08/2016 11:32:51 Check History GL540R-V08.02 PAGE 1 12/12/2016 COUNCIL LISTING BANK VENDOR CHECK# CHECK DATE AMOUNT BANK CHECKING ACCOUNT ACE HARDWARE 163821 11/30/16 26.88 ADVANCED IMAGING SOLUTIO 163822 11/30/16 360.00 AID ELECTRIC SERVICE INC 163823 11/30/16 567.73 ALLINA HEALTH SYSTEMS 163824 11/30/16 610.00 ALLINA HEALTH SYSTEMS 163825 11/30/16 2,002.09 AMERIPRIDE LINEN INC 163826 11/30/16 200.21 ANOKA COUNTY SHERIFFS DE 163827 11/30/16 500.00 ANOKA CTY - CENTRAL COMM 163828 11/30/16 455.13 APEX EFFICIENCY SOLUTION 163829 11/30/16 639.66 ARTISAN BEER COMPANY 163830 11/30/16 4,082.00 ASPEN MILLS, INC. 163831 11/30/16 550.19 ASSURED SECURITY INC 163832 11/30/16 416.85 AUSTIN/LENNY 163833 11/30/16 15.98 BARNA GUZY & STEFFEN LTD 163834 11/30/16 22.00 BAUHAUS BREW LABS LLC 163835 11/30/16 325.50 BELLBOY BAR SUPPLY 163836 11/30/16 743.85 BELLBOY CORPORATION 163837 11/30/16 3,693.50 BERNICK'S WINE 163838 11/30/16 4,082.32 BIG BOBS CARPET 163839 11/30/16 292.95 BLUME BRAUHAUS LLC 163840 11/30/16 139.90 BREAKTHRU BEVERAGE MN BE 163841 11/30/16 25,114.70 BREAKTHRU BEVERAGE MN W& 163842 11/30/16 9,471.95 BROCK WHITE CO. 163843 11/30/16 110.88 CAPITOL BEVERAGE SALES L 163844 11/30/16 35,577.30 CENTER POINT ENERGY 163845 11/30/16 1,542.86 CITY WIDE WINDOW SERVICE 163846 11/30/16 78.00 CLAREYS SAFETY EQUIPMENT 163847 11/30/16 338.00 COMMERCIAL ASPHALT 163848 11/30/16 418.31 DALCO ENTERPRISES INC 163849 11/30/16 182.55 EBERT CONSTRUCTION 163850 11/30/16 1,901.33 ECM PUBLISHERS INC 163851 11/30/16 132.25 FLAHERTYS HAPPY TYME COM 163852 11/30/16 423.00 FLEETPRIDE INC 163853 11/30/16 49.98 G & K SERVICES INC 163854 11/30/16 134.20 GENUINE PARTS/NAPA AUTO 163855 11/30/16 18.34 GREAT LAKES COCA-COLA DI 163856 11/30/16 846.14 GREENFLUENCE LLC 163857 11/30/16 136.32 GREENSCAPE COMPANIES INC 163858 11/30/16 150.00 HANSON/ERIC 163859 11/30/16 70.31 HD SUPPLY WATER WORKS IN 163860 11/30/16 289.96 HOHENSTEINS INC 163861 11/30/16 5,117.48 INDEED BREWING COMPANY L 163862 11/30/16 993.30 INNOVATIVE OFFICE SOLUTN 163863 11/30/16 344.37 J H LARSON ELECTRIC COMP 163864 11/30/16 91.08 JJ TAYLOR DIST OF MN 163865 11/30/16 31,968.03 JOHNSON BROS. LIQUOR CO. 163866 11/30/16 28,250.38 KIWANIS COLUMBIA HTS-FRI 163867 11/30/16 450.18 168 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 12/08/2016 11:32:51 Check History GL540R-V08.02 PAGE 2 12/12/2016 COUNCIL LISTING BANK VENDOR CHECK# CHECK DATE AMOUNT BANK CHECKING ACCOUNT MARSHALL CONCRETE PRODUC 163868 11/30/16 761.00 MCDONALD DISTRIBUTING CO 163869 11/30/16 722.10 MENARDS CASHWAY LUMBER-F 163870 11/30/16 127.06 MN DEPT OF HEALTH 163871 11/30/16 10,490.00 MORRELL & MORRELL INC 163872 11/30/16 828.00 NORTHERN STAR COUNCIL 163873 11/30/16 360.00 PENA/JENNIFER 163874 11/30/16 70.00 PEOPLE'S ELECTRIC 163875 11/30/16 1,988.00 PHILLIPS WINE & SPIRITS 163876 11/30/16 4,209.16 POSTMASTER 163877 11/30/16 3,600.00 RAVELING COMPANIES LLC 163878 11/30/16 380.00 RED BULL DISTRIBUTION CO 163879 11/30/16 265.00 RJM DISTRIBUTING INC 163880 11/30/16 224.75 ROSEDALE CHEV 163881 11/30/16 55.26 SAFETY SIGNS LLC 163882 11/30/16 13,775.55 SAM'S CLUB 163883 11/30/16 144.76 SETPOINT SYSTEMS CORPORA 163884 11/30/16 212.56 SISTER CITIES INTERNATIO 163885 11/30/16 425.00 SOUTHERN GLAZER'S 163886 11/30/16 12,767.46 STREICHER'S GUN'S INC/DO 163887 11/30/16 596.00 T A SCHIFSKY & SONS INC 163888 11/30/16 341.85 TOLLBERG HOMES LLC 163889 11/30/16 1,051.94 TRIO SUPPLY COMPANY INC 163890 11/30/16 439.53 TWIN CITIES JUNK HAULING 163891 11/30/16 129.00 VEIT COMPANY INC 163892 11/30/16 2,443.16 VERIZON WIRELESS 163893 11/30/16 881.13 VINOCOPIA INC 163894 11/30/16 2,180.17 WINE MERCHANTS 163895 11/30/16 3,206.89 XCEL ENERGY (N S P) 163896 11/30/16 3,565.42 ZIEGLER INC 163897 11/30/16 1,571.02 NORTHEAST BANK CREDIT CA 163898 11/30/16 0.00 ACE HARDWARE 163899 12/07/16 11.99 AMERICAN BOTTLING COMPAN 163900 12/07/16 646.24 AMERIPRIDE LINEN INC 163901 12/07/16 150.64 ANOKA COUNTY LIBRARY 163902 12/07/16 140.19 BAKER & TAYLOR 163903 12/07/16 1,752.41 BEMC LLC 163904 12/07/16 867.00 BERNICK'S WINE 163905 12/07/16 903.70 BREAKTHRU BEVERAGE MN W& 163906 12/07/16 2,975.94 CAPITOL BEVERAGE SALES L 163907 12/07/16 6,328.13 CENGAGE LEARNING INC 163908 12/07/16 194.93 CHOKEY/SONAM 163909 12/07/16 184.00 COMMERCIAL STEAM TEAM 163910 12/07/16 647.08 CRYSTAL SPRINGS ICE LLC 163911 12/07/16 589.25 EBSCO PUBLISHING 163912 12/07/16 2,851.76 FIRE EQUIPMENT SPECIALTI 163913 12/07/16 67.50 FIREHOUSE 163914 12/07/16 2,265.00 169 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 12/08/2016 11:32:51 Check History GL540R-V08.02 PAGE 3 12/12/2016 COUNCIL LISTING BANK VENDOR CHECK# CHECK DATE AMOUNT BANK CHECKING ACCOUNT FLEX COMPENSATION, INC 163915 12/07/16 125.00 G & K SERVICES INC 163916 12/07/16 21.30 G4S SECURE SOLUTIONS USA 163917 12/07/16 85.50 HOHENSTEINS INC 163918 12/07/16 1,800.65 INNOVATIVE OFFICE SOLUTN 163919 12/07/16 21.71 JJ TAYLOR DIST OF MN 163920 12/07/16 18,012.55 JOHNSON BROS. LIQUOR CO. 163921 12/07/16 5,796.30 KENNEDY & GRAVEN 163922 12/07/16 3,337.50 MARCO, INC 163923 12/07/16 763.51 MCDONALD DISTRIBUTING CO 163924 12/07/16 227.00 MEDICINE LAKE TOURS 163925 12/07/16 3,816.00 MENARDS CASHWAY LUMBER-F 163926 12/07/16 110.80 MIDWEST TAPE 163927 12/07/16 19.99 MINNESOTA CIT OFFICER'S 163928 12/07/16 8,125.00 MN POLLUTION CONTROL AGE 163929 12/07/16 125.00 MN REC & PK ASSOC - MRP 163930 12/07/16 257.00 NICK'S TREE SERVICE INC 163931 12/07/16 9,676.15 NORTH METRO TELECOMM COM 163932 12/07/16 500.00 OFFICE DEPOT 163933 12/07/16 89.97 OFFICE DEPOT 163934 12/07/16 678.46 OLSON/KAREN 163935 12/07/16 90.00 ORKIN INC 163936 12/07/16 130.88 PEREZ/AARON 163937 12/07/16 371.47 PERFORMANCE PLUS LLC 163938 12/07/16 288.00 PHILLIPS WINE & SPIRITS 163939 12/07/16 510.56 PITNEY BOWES INC 163940 12/07/16 391.50 POLISH-AMERICAN CULTURAL 163941 12/07/16 250.00 PREMIUM WATERS INC 163942 12/07/16 15.87 RITE INC 163943 12/07/16 1,154.25 SHAMROCK GROUP-ACE ICE 163944 12/07/16 95.27 SOUTHERN GLAZER'S 163945 12/07/16 12,249.13 SOUTHERN WINE & SPIRITS 163946 12/07/16 11,106.88 STAPLES ADVANTAGE 163947 12/07/16 78.16 STREICHER'S GUN'S INC/DO 163948 12/07/16 830.00 THELEN INC 163949 12/07/16 281.35 TWIN CITIES JUNK HAULING 163950 12/07/16 423.00 UNIQUE MANAGEMENT SERVIC 163951 12/07/16 134.25 VEIT COMPANY INC 163952 12/07/16 36,500.00 WINE COMPANY/THE 163953 12/07/16 690.15 WINE MERCHANTS 163954 12/07/16 4,588.30 XCEL ENERGY (N S P) 163955 12/07/16 15,985.84 392,069.72 170 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 12/08/2016 11:32:51 Check History GL540R-V08.02 PAGE 4 12/12/2016 COUNCIL LISTING BANK VENDOR CHECK# CHECK DATE AMOUNT REPORT TOTALS: 392,069.72 RECORDS PRINTED - 000756 171 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 12/08/2016 11:32:51 Check History GL060S-V08.02 RECAPPAGE GL540R FUND RECAP: FUND DESCRIPTION DISBURSEMENTS ---- ---------------------------- 101 GENERAL 48,395.32 201 PLANNING & INSPECTIONS 532.96 212 STATE AID MAINTENANCE 559.81 225 CABLE TELEVISION 1,263.51 240 LIBRARY 5,828.35 371 TIF T4: KMART/CENTRAL AVE 1,995.44 374 TIF XX: CENTRAL VALU CENTER 2,394.00 412 CAPITAL IMPROVEMENT PARKS 871.88 415 CAPITAL IMPRVMT - PIR PROJ 552.00 420 CAP IMPROVEMENT-DEVELOPMENT 36,625.00 439 FIRE CAPITAL EQUIPMENT 1,180.76 450 CAPITAL BLDG - LIBRARY 2,618.74 601 WATER UTILITY 18,808.13 602 SEWER UTILITY 2,067.59 603 REFUSE FUND 2,782.63 604 STORM SEWER UTILITY 701.71 609 LIQUOR 244,874.76 651 WATER CONSTRUCTION FUND 14,181.55 701 CENTRAL GARAGE 2,907.64 705 BUILDING MAINTENANCE 70.31 720 INFORMATION SYSTEMS 2,732.63 887 FLEX BENEFIT FUND 125.00 TOTAL ALL FUNDS 392,069.72 BANK RECAP: BANK NAME DISBURSEMENTS ---- ---------------------------- BANK CHECKING ACCOUNT 392,069.72 TOTAL ALL BANKS 392,069.72 172 AGENDA SECTION PUBLIC HEARINGS ITEM NO. 8A MEETING DATE DECEMBER 12, 2016 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Adopt Resolution for Revocation DEPARTMENT: Fire CITY MANAGER’S APPROVAL: BY/DATE: Gary Gorman BY/DATE: STAFF RECOMMENDATION: Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against rental properties at: 2016-128 – 4229 5th Street NE for failure to meet the requirements of the Property Maintenance Codes. RECOMMENDED MOTION(S): Move to close the public hearing and to waive the reading of Resolution Number 2016-128, being ample copies available to the public. Move to adopt Resolution Number 2016-128, 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 licenses listed. ATTACHMENTS: 2016-128 Res—No Lic-No Insp-4229 5th St 173 RESOLUTION NO. 2016-128 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 property rental license held by Terry Robinson (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4229 5th Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on November 23, 2016 of a public hearing to be held on December 12, 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 November 2, 2016, inspection office staff sent a letter requesting the owner of the property submit the rental license application for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2.That on November 10, 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. 3.That based upon said records of the Enforcement Office, the following conditions and violations of the City’s Property Maintenance Code were found to exist, to-wit: a.Must submit rental license application and fees. b.Must schedule interior inspection. 4.That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1.The rental license belonging to the License Holder described herein and identified by license number FE-4229-15 is hereby revoked; 2.The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3.All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. 174 City of Columbia Heights - Council Resolution Page 2 Passed this _________ day of ______________________, 2016 Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Attest: Katie Bruno, City Clerk/Council Secretary 175 AGENDA SECTION PUBLIC HEARING ITEM NO. MEETING DATE DECEMBER 12, 2016 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: A Preliminary and Final Plat for the property located 4400 Stinson Blvd. NE. DEPARTMENT: Community Development CITY MANAGER’S APPROVAL: BY/DATE: Elizabeth Holmbeck/December 8, 2016 BY/DATE: BACKGROUND: Thomas Brama (property owner) has requested a Preliminary and Final Plat for the property located at 4400 Stinson Boulevard NE. The site is currently comprised of two lots totaling 1.68 acres. The applicant is proposing to re-plat the property resulting in 5 single family residential lots. Mr. Brama currently resides in the existing home, on one of the proposed lots, and plans to construct four single family homes on the remaining newly created lots. Mr. Brama was first before the City Council this past September 2016. The proposal at that time was for the property to be platted resulting in 7 lots. After much debate at the Planning and Zoning Commission meeting and City Council Meeting, the applicant proposed a plan for 6 lots. The City Council approved the plan for 6 lots on September 12th, 2016. Since then, Mr. Brama has decided to change his proposed plat to 5 lots. The plan indicates there will be a private road with an easement connecting the two back (westerly) lots to Stinson Boulevard. The proposed plat meets the City’s requirements in terms of lot size and dimension. The newly created lots would exceed the City’s minimum lot size of 8,400 sq. ft., with each being over 12, 000 sq. ft. The proposed plat is consistent with the City’s Comprehensive Plan, which guides this area for low density residential development. The proposed plat went before the Planning and Zoning Commission on December 6, 2016. At the meeting there were two neighbors present that had concerns over the proposed development. Their main concern was that the addition of new homes would change the neighborhood and that other property owners could subdivide their lots too (See attached meeting minutes). It is important to note, that the proposal meets the City’s requirements in order to subdivide a lot, and if another property owner wishes to do the same, the parcel must be large enough to subdivide, and meet the City’s Zoning Code Requirements. The Planning and Zoning Commission ultimately voted unanimously to approve the proposed Preliminary and Final Plat, citing that the applicant had met the City’s requirements and modified the plan to appease the City’s and neighbors’ concerns. STAFF RECOMMENDATION: Staff recommends approval of the proposed Preliminary and Final Plat for the property located at 4400 Stinson Blvd. NE. RECOMMENDED MOTION(S): Motion: Move to close the public hearing and waive the reading of Resolution No. 2016-119, there being ample copies available to the public. 8B 176 City of Columbia Heights - Council Letter Page 2 Motion: That the City Council approves the Preliminary and Final Plat for the property located at 4400 Stinson Boulevard NE., subject to certain conditions of approval. ATTACHMENTS: Resolution No. 2016-119 Planning Report Preliminary and Final Plat Application Applicant’s Narrative Location Map Public Works Report Preliminary Plat Final Plat Subdivision Site Plans 177 RESOLUTION NO. 2016-119 A resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Preliminary Plat and Final Plat for Thomas Brama for the property located at 4400 Stinson Blvd. NE. Whereas, a proposal (Case # 2016-1201) has been submitted by Thomas Brama to the City Council requesting Preliminary Plat Approval from the City of Columbia Heights at the following site: ADDRESS: 4400 Stinson Blvd. NE. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING: Preliminary Plat and Final Plat Approval per Code Section 9.104 (L) (M). Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on December 6th, 2016; Whereas, the City Council has considered the advice and recommendations of the Planning and Zoning Commission regarding the effect of the proposed Preliminary Plat and Final Plat upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT Section 9.104 (L) (M) of the Zoning Ordinance outlines conditions that must be met in order for the City to grant a Preliminary and Final Plat. They are as follows: (a) The proposed Preliminary Plat conforms to the requirements of City Code Section 9.115. (b) The proposed Subdivision is consistent with the Comprehensive Plan. (c) The proposed Subdivision contains parcel and land subdivision layout that is consistent with good planning and site engineering design principles. (d) The Final Plat substantially conforms to the corresponding Preliminary Plat. Further, be it resolved, that the attached plans, maps, and other information shall become part of this Preliminary Plat and Final Plat Approval; and in granting approval the City and the applicant agree that the Plat 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. CONDITIONS 1.All required state and local codes, permits, licenses and inspections will be met and in full compliance. 2.Before a building permit can be issued, the applicant shall meet the requirements outlined in the 178 City of Columbia Heights - Council Resolution Page 2 attached report from the Public Works Director/City Engineer, dated November 23, 2016. 3.The private driveway will need to be constructed to hold the weight of a fire vehicle, approximately 45,000 to 50,000 lbs. Construction plans for the driveway must be approved by the Fire Chief. 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 to the City Council 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. 7.The applicant shall pay parkland dedication fees for each lot created beyond the original number of lots existing prior to subdivision. The applicant will pay a park dedication fee in the amount of $8,196.00 due upon final approval by the City Council and prior to any permits issued for the property. ORDER OF COUNCIL Passed this 12th day of December 2016 Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Attest: Katie Bruno, City Clerk/Council Secretary 179 CITY OF COLUMBIA HEIGHTS PLANNING AND ZONING COMMISSION PLANNING REPORT CASE NUMBER: 2016-1201 DATE: November 29, 2016 TO: Columbia Heights Planning and Zoning Commission APPLICANT: Thomas Brama, Property Owner DEVELOPMENT: Preliminary Plat and Final Plat of T3 Addition for Thomas Brama LOCATION: 4400 Stinson Blvd. NE. REQUEST: Preliminary Plat and Final Plat PREPARED BY: Elizabeth Holmbeck, City Planner INTRODUCTION At this time, Thomas Brama has requested a Preliminary and Final Plat 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 five 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 4 new single family residential homes on the remaining newly created lots. 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. 180 City of Columbia Heights Planning and Zoning Commission December 6, 2016 Planning Report Page 2 FINDINGS OF FACT Section 9.104 (L), (M) of the Zoning Ordinance outlines conditions that must be met in order for the City to grant a Preliminary and Final Plat. They are as follows: (a) The proposed preliminary plat conforms with the requirements of § 9.115. The proposed Preliminary Plat meets the requirements of the Subdivision Ordinance (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. The proposed subdivision meets the City’s requirements in terms of lot dimension and lot width. (d) The Final Plat substantially conforms to the corresponding Preliminary Plat. This is correct. RECOMMENDATION Staff recommends that the Planning and Zoning Commission recommend approval of the proposed Preliminary and Final Plat for the property located at 4400 Stinson Boulevard NE. Motion: Move to waive the reading of Resolution No. 2016-119, there being ample copies available to the public. Motion: That the Planning and Zoning Commission recommends that the City Council approve the Preliminary and final Plat, 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.Before a building permit can be issued, the applicant shall meet the requirements outlined in the attached report from the Public Works Director/City Engineer, dated November 23, 2016. 3.The private driveway will need to be constructed to hold the weight of a fire vehicle, approximately 45,000 to 50,000 lbs. Construction plans for the driveway must be approved by the Fire Chief. 181 City of Columbia Heights Planning and Zoning Commission December 6, 2016 Planning Report Page 3 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 to the City Council 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. ATTACHMENTS Resolution No. 2016-119 Preliminary Plat/Final Plat Application Applicant’s Narrative Location Map Public Work Report Preliminary Plat Final Plat Subdivision Plans 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 AGENDA SECTION PUBLIC HEARING ITEM NO. 8C MEETING DATE DECEMBER 12, 2016 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER Council Letter Holiday UPDATED ITEM: A Conditional Use Permit for the property located 4259 Central Avenue NE. DEPARTMENT: Community Development CITY MANAGER’S APPROVAL: BY/DATE: Elizabeth Holmbeck/December 8, 2016 BY/DATE: BACKGROUND: Holiday Station Stores is requesting a Conditional Use Permit per Code Section 9.106 (P) (13) (C) to allow a dynamic light emitting diode (LED) sign in conjunction with a commercial establishment for the property located at 4259 Central Avenue NE. Holiday Station Stores is repainting the building and canopy on the site to reflect the store’s updated modern look. The current white will be replaced with a light beige color and the pylon sign will be removed. The applicant is requesting to replace the pylon sign with a monument sign, which will include an LED component which will allow the business to display business related advertising. The proposed sign meets the City’s dimensional requirements for a monument sign, in terms of size and height. The proposed sign is consistent with the City’s Comprehensive Plan as it guides this area for commercial development. LED Signs require a Conditional Use Permit. The application went before the Planning and Zoning Commission on December 6th, 2016. The Planning and Zoning Commission unanimously recommended approval of the Conditional Use Permit. STAFF RECOMMENDATION: Staff recommends approval of the Conditional Use Permit for the property located at 4259 Central Avenue NE. RECOMMENDED MOTION(S): Motion: Move to close the public hearing and waive the reading of Resolution 2016-120, there being ample copies available to the public. Motion: That the City Council approves Resolution No. 2016-120 for a Conditional Use Permit for a proposed dynamic LED sign for the property located at 4259 Central Avenue NE., subject to certain conditions of approval. ATTACHMENTS: Resolution No. 2016-120 Planning Report Application Applicant’s Narrative Location Map Site Triangle Map Sign Rendering Sign Location Map City of Columbia Heights - Council Letter Page 2 This page is intentionally left blank RESOLUTION NO. 2015-120 A resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Conditional Use Permit for a dynamic LED sign for Holiday Station Stores located at 4259 Central Avenue NE. Whereas, a proposal (Case # 2016-1202) has been submitted by Indigo Sign Works on behalf of Holiday Station Stores to the City Council requesting a Conditional Use Permit from the City of Columbia Heights at the following site: ADDRESS: 4259 Central Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING: A Conditional Use Permit per Code Section 9.106 (P) (13) (c), to allow a dynamic LED sign to be located in the General Business Zoning District. Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on December 6th, 2016; Whereas, the City Council has considered the advice and recommendations of the Planning and Zoning Commission regarding the effect of the proposed Conditional Use Permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; Now, therefore, 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 (a) The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. (c) The use will not impose hazards or disturbing influences on neighboring properties. (d) The use will not substantially diminish the use of the property in the immediate vicinity. (e) The use will be designed, constructed, operated, and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. (g) Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 200 City of Columbia Heights - Council Resolution Page 2 (i) The use complies with all other applicable regulations for the districts in which it is located. Further, be it resolved, that the attached plans, maps, and other information shall become part of this Conditional Use Permit and approval; and in granting this Conditional Use Permit the City and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. The Conditional Use Permit is subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: CONDITIONS 1.Dynamic LED signs are allowed only on monument signs for conditionally permitted uses in all zoning districts, with the exception of the PO, Public District, in which LED signage may be utilized in existing pylon signs. Motor fuel stations may display dynamic LED signs as part of the pylon sign to promote motor fuel prices only. Such motor fuel price signs do not require a conditional use permit. All dynamic LED signs may occupy no more than 60% of the actual copy and graphic area. The remainder of the sign must not have the capability to have dynamic LED signs, even if not used. Only one, contiguous dynamic display area is allowed on a sign face. 2.A dynamic LED sign may not change or move more often than once every ten seconds for commercial, industrial uses, or public uses, and no more than once every ten minutes for religious and/or educational institution uses, except one for which changes are necessary to correct hour-and-minute, date, or temperature information. 3.A display of time, date or temperature information may change as frequently as once every five seconds, however information displayed not relating to the date, time or temperature must not change or move more often than once every ten seconds for commercial, industrial uses, or public uses, and no more than once every ten minutes for religious and/or educational institution uses. 4.The images and messages displayed must be static, and the transition from one state display to another must be instantaneous without any special effects. Motion, animation and video images are prohibited on dynamic LED sign displays. 5.The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign. 6.Dynamic LED signs must be designed and equipped to freeze the device in one position if a malfunction shall occur. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the city that it is not complying with the standards of this section. 7.Dynamic LED signs may not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign's face at maximum brightness. Dynamic LED signs must have 201 City of Columbia Heights - Council Resolution Page 3 an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one-half hour before sunset and one half-hour after sunrise. 8. Dynamic LED signs existing on the effective date of Ordinance 1593, passed April 25, 2011, must comply with the operational standards listed above. An existing dynamic LED sign that does not meet the structural requirements may continue as a non-conforming sign subject to § 9.105(E). 9. Traffic visibility. No planting, structure or other obstruction shall be placed or allowed to grow on corner lots in a manner that will impede vision on the intersecting rights-of-way, in accordance with the following sight triangle: No planting or structure in excess of 30 inches above the abutting curb line shall be permitted within the sight triangle, defined as the area beginning at the intersection of the projected curb line of two intersecting streets, then 30 feet along one curb line, diagonally to a point 30 feet from the point of beginning on the other curb line, then back to a point of beginning. A Site Triangle Map is attached. The Building Official or City Planner will conduct a site inspection at the time a building permit and sign permit is issued to ensure compliance. ORDER OF COUNCIL Passed this 12th day of December, 2016. Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Attest: Katie Bruno, City Clerk/Council Secretary 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 AGENDA SECTION PUBLIC HEARING ITEM NO. MEETING DATE DECEMBER 12, 2016 CITY OF COLUMBIA HEIGHTS – CITY COUNCIL ITEM: Rezoning Request - 3989 Central Avenue, 3889 Central Avenue, 950 40th Avenue DEPARTMENT: Community Development CITY MANAGER’S APPROVAL: BY/DATE: Joe Hogeboom, December 7, 2016 BY/DATE: BACKGROUND: 500 LLC., owner of the property at 3989 Central Avenue NE. has petitioned the City of Columbia Heights to change the zoning designation of site from ‘Central Business’ to ‘Mixed Use’. This change would accommodate the potential relocation of Prodeo Academy to the building. The Planning and Zoning Commission voted unanimously to recommend approval of this item to the City Council. The Planning and Zoning Commission did voice concerns regarding potential issues associated with buses and other vehicles associated with a school at the site. Traffic impacts and other site-specific concerns would be addressed in detail as part of the Site Plan approval process. City Code requires that finding of fact be made when rezoning property. Those findings are listed in the attached Resolution. STAFF RECOMMENDATION: Staff recommends approval of the rezoning petition as presented. RECOMMENDED MOTION(S): Motion: Move to close the public hearing and waive the reading of Resolution No. 2016-108, there being ample copies available to the public. Motion: Move to approve Resolution No. 2016-108, rezoning the property located at 3989 Central Avenue NE., 3889 Central Avenue NE., and 950 40th Avenue NE from “Central Business” to “Mixed Use”. ATTACHMENTS: 1.Resolution No. 2016-108 2.Application 3.Applicant’s Narrative 4.Location Map 5.Anoka County PID Information 6.Preliminary Renderings 7.Report to the Planning and Zoning Commission City of Columbia Heights – CC Letter 8D 223 RESOLUTION NO. 2016-108 A resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Zoning Amendment for the property located at 3989 Central Avenue, 3889 Central Avenue, 950 40th Avenue Whereas, a proposal (Case # 2016-1203) has been submitted by 500, LLC to the City Council requesting a Zoning Amendment from the City of Columbia Heights at the following site: ADDRESS: 3989 Central Avenue, 3889 Central Avenue, 950 40th Avenue LEGAL DESCRIPTION: On file at City Hall. REQUEST: Zoning Amendment (rezoning). Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on December 6th, 2016; Whereas, the City Council has considered the advice and recommendations of the Planning and Zoning Commission regarding the effect of the proposed Rezoning upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; Now, therefore, 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 (a) The amendment is consistent with the Comprehensive Plan (b) The amendment is in the public interest and is not solely for the benefit of a single property owner. (c) Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. (d) Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in its current zoning classification. 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 hereby rezones the property at 3989 Central Avenue, 3889 Central Avenue, 950 40th Avenue to “Mixed Use”. 224 City of Columbia Heights - Council Resolution Page 2 ORDER OF THE COUNCIL Passed this 12th day of December, 2016. Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Attest: Katie Bruno, City Clerk/Council Secretary 225 22 6 22 7 500, LLC 510 1st Avenue N Suite 600 Minneapolis, MN 55403 612-332-8323 11/7/2016 City of Columbia Heights Elizabeth Holmbeck, City Planner Joe Hogeboom, Community Development Director 590 40th Avenue NE Columbia Heights, MN 55421 RE: Zoning Change for 3989 Central Ave NE Dear Elizabeth and Joe, 500, LLC purchased the Northeast Business Center, located at 3989 Central Ave NE as a foreclosed property. We are requesting the property be re-zoned to mixed use zoning. Since our acquisition in late 2014 , we have been actively pursuing new tenancy. 3989 Central is a unique building in Columbia Heights. At six stories high and over 100,000 SF, it is the largest building in the central business district. The surrounding buildings are mostly one and two story smaller structures with the focus predominantly on retail based businesses. A mixed use would allow us to focus two smaller retail tenants on the main floor facing Central Ave, Prodeo Academy in the rear of the building, taking up the less desirable middle floors, and then allow the top 2 floors to be used for office users. There are a couple of challenges we have faced in finding the right mix of tenants for this building: 1. The current mechanical systems are expensive to operate and cannot be separated off to accommodate small tenants. We therefore need to find a multi-floor tenant as the first renovation in order to make it financially feasible to operate the building. 2. The building needs extensive updating. We need a large user as the first tenant in, an organization that has stable financials and can sign a longer term lease, in order to make the renovation investment feasible. Currently, we have a large stable user in Prodeo Academy, a K-4th grade charter school. Their goal is to grow to 8th grade and would take the back of the 1st floor as well as floors 2&3. They will cap the school at 8th grade. I also have 3 potential retail users for the 2 spaces on the front of the building, facing Central Ave. They would be the street facing tenants. I also have a previous office tenant who sold their company and has now started up a similar company. They are on an aggressive growth curve and the plan would be to move them to the top floors of this building in about 18 months. The building is set up perfectly for us to accommodate the different types of users and provide adequate parking as well as secured, separate entrances. The front parking lot, just off Central, would service the retail spaces. The retail spaces would be the featured street-facing tenants utilizing the small monument sign that Northeast Bank used. We would also propose signage over the windows on each side of the main entrance. A small medical office and an accountants firm are the two preferred retail tenants I am working with currently. For the reasons mentioned above, I am not able to lease the retail spaces without the presence of a large tenant. 228 The school would use the area on the back of the building (where the old drive thru was) for their main entrance and drop off. They have limited school buses which would use the alley next to the drive thru. Traffic would come in on Gould and exit on 40th. With the MTC bus stop at Central and 40th, anyone using public transportation for the school would use the sidewalk on 40th and come in the main entrance of the school that is in the back. We propose transforming the patio above the old drive thru as the outdoor space for the school. This is consistent with the trend in schools occupying more urban spaces. The large office tenant we are working with is a Logistics company and rarely has clients on site. This tenant would use the parking ramp along with the teachers. Any additional office users would use the ramp for employee parking and the main entrance for clients. The larger monument sign on the corner would list all of the tenants in the building. As part of the renovation, the side retaining wall would be dealt with and new landscaping would be added to enhance the exterior façade. Additional information will be provided as requested. Thank you for your consideration, Nancy Aleksuk Project Manager 500, LLC 612-998-9123 (c) 229 Location 3989 Central Avenue NE 230 Legal Description and Property Identification Number 36-30-24-32-0261 (3889 Central Avenue) THOSE PRTS OF LOTS 27 THRU 31 BLOCK 6 RESERVOIR HILLS & THOSE PRTS OF LOTS 23 AND 24 BLK 1 WALTON'S REARRANGEMENT OF LOTS 33 AND 34 BLK 6 RESERVOIR HILLS & VACATED ALLEY ABUTTING BLK 1 OF SD PLAT LYG WITHIN THE FOL DESC TRACT: COM AT PT ON S LINE OF SD BLK 1, 18 FT W OF SE COR OF LOT 23 SD BLK 1, TH NLY ON A LINE 18 FT W OF & PRLL/W E LINE OF SD LOT 23, 87 FT TO POB OF TRACT TO BEDESC: TH CONT NLY ON EXTN OF SD LINE TO N LINE OF BLK 6 RESERVOIR HILLS, TH WLY ALG SD N LINE OF SD BLK 6 TO A PT 47.23 FT ELY OF NW COR OF LOT 30, BLK 6, TH SELY TO POB. EX PRT PLATTED AS TRACT A REG LAND SURVEY NO 250, EX RD, SUBJ TO EASE OF REC 36-30-24-32-0110 (3989 Central Avenue) THAT PRT OF LOTS 28 THRU 32 BLK 6 RESERVOIR HILLS & THAT PRT OF LOTS 23 THRU 28 BLK 1 OF WALTONS REARRANGE- MENT OF LOTS 33 & 34 BLK 6 RESERVOIR HILLS LYG SLY & WLY OF FOL DESC LINE, BEG AT PT 18 FT WOF SE COR OF LOT 23 SD BLK 1, TH NLY PRLL/W E LINE OF SD LOT 23 87 FT, TH NWLY TO A PT ON N LINE OF SD BLK 6, 47.23 FT E OF NW COR OF LOT 30 BLK 6 SD ADD & THERE TERM, SUBJ TO EASE OF REC 36-30-24-32-0258 (950 40th Avenue) TRACT A REG LAND SURVEY NO 250 231 SULLIVAN LAKE(SANDY LAKE) CLOVER POND HIGHLAND LAKE SECONDARY SILVER HART LABELLE JA C K S O N P O N D POND POND LAKE LAKE ZUREKPOND 4700 3920 150014601400 800 530 3965 4300 3900 1150 1345 4333 4001 825 721 3839 1555 4301 825 4757 1858 317 637 5100 999 4030 1515 4755 4444 4849 2201 4141 3900 3850 1011 1550 440244044406 434643444342 38103808 4458 4301 3919 965 940 3901 1500 675 4707 4101 4301 5250 455 889 885 4340 4306 3984 UNITS:1-33&101-151 4612 883 881 879877875873871 85 5 1000 700 637 590 4624 4618 4600 4453 14151235 1070 3844 3705 620 1069 533 3755 5085 5150 950 3801 4729 716 5025 4657 950 3836 1324 UNITS:101 - 124,201 - 224,301 - 324 UNITS:101 - 125,201 - 225,301 - 325 UNITS:101 - 120,201 - 220,301 - 320 4811 682660674 3719 4141 233 900 3930 3701 4111 3813 80 5224 999 5075 4003 3939 3807 3801 4310 4015 4000 3820 4025 3989 3929 4950 4121 1855 4757 4633 4801 230 2300 3905 5055 5280 4605 4326 887 85 7 38063804 4437 4400 4249 3701 4100 4101 3933 3801 650 4163 635 40 2 5 3817 3825 4111 4205 1675 3900 4215 4409 86 1 86 3 4219 5060 5050 4545 3703 300 18 1 3 4259 4350 41 1 0 4315 3829 2007 2301 41 0 1 4915 3853 1402 4450 86 5 85 9 84 1 4000 3843 4131 4905 3973 3815 66 5 3940 4555 523 5126 3909 4021 970 4650 4422 3746 84 3 84 5 84 7 17 4 1 17 3 9 3806 3816 3826 4200 4900 4160 1945 3915 3828 3928 2105711 627 4141 3925 647 5057 831 5001 84 9 85 1 17 3 1 4111 81 4237 3911 4127 4239 4331 3949 1915 4920 4229 4201 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KORDIAKPARK OF CITY FRIDLEY CITY OF HILLTOP MINNEAPOLIS (WATERWORKS) CI T Y O F F R I D L E Y CITY OF FRIDLEY CI T Y O F S T . A N T H O N Y CI T Y O F N E W B R I G H T O N AVE47 1/2 C R E S T HIGHLAND AV E ST I N S O N 5T H 4T H AVE 6T H AVE50TH AVE AVE47TH PI E R C E ST FI L L M O R E AVE47TH AVE46TH ST ST STSTST JO H N S O N TA Y L O R PO L K TY L E R UPL A N D GOLF PL LNMAIDEN AVE45TH AVE44 1/2 ST ST 45 1/2 AVE ST ST STSTSTST AVE AR T H U R PL AR T H U R BL V D AVE46TH AVE47TH 45TH ST STSTSTST AVE STST AVE 45TH AVE7T H MC L E O D 43RD 44TH LEA N D E R ST RO Y C E AVE43 1/2 ST AVE AVE 44TH 43RD AVE ST I N S O N LA N E 42ND BLVD 41ST FI L L M O R E AVE42ND AVE ST I N S O N AVE AVE BL V D 5T H 3R D 2N D 6T H 4T H MA I N AVE44TH AVE44TH AVE43RD43RD AVE42ND 42ND ST AVE STST P A S S PLACE TERRACE 51ST COURT PL ST STSTSTSTST DRCHALET DRARGONNE BL V D DR R A I N I E R PAS S AVE53RD ST ST ST AVE AVE 51ST 52ND 50 1/2 AVE JE F F E R S O N PK W Y IN N S B R U C K JO H N S O N PIERCE 50TH TY L E R 49 1/2 AVE ST TE R R A C E ST S T FI L L M O R E LINCOLN JA C K S O N MO N R O E MA D I S O N 7T H PKWY FORESTINNSBRUCK PK W Y WEST PL DRFAIRWAY 49TH ST CIRCLE AVE40TH 40THHA Y E S ST POL K TYL E R RES E R V O I R VA N B U R E N JA C K S O N QU I N C Y MO N R O E MA D I S O N JE F F E R S O N WA S H I N G T O N 7T H STSTSTST ST GOULD STSTSTST ST ST ST AVE 39 1/2 BL V D AVE 39TH STST BLVD AVE39TH ST STSTSTSTSTST PKWY H A R T CL E V E L A N D AR T H U R AVE PE T E R S AV E 41ST ST ST 6T H ST 4T H 5T H 3 R D 40TH ST ST 3R D AVE40TH L O O K O U T ST AVE 41ST SUMMIT HUSET ST 39TH 38TH AVE MILL PL P L CA L I F O R N I A E D G E M O O R AVE AVE TE R R A C E BLV D 41ST WA S H I N G T O N 2 1 / 2 VA N B U R E N JA C K S O N QU I N C Y MO N R O E MA D I S O N JE F F E R S O N PO L K BU C H A N A N INNS B R U C K PL38TH HA Y E S ST PI E R C E JO H N S O N RES E R V O I R AVE37TH LI N C O L N BU C H A N A N POL K TYL E R VA N B U R E N JA C K S O N QU I N C Y 38TH ST MA D I S O N PL MA D I S O N AVE AVE B L V D ST I N S O N AVE37TH PL 37TH ST MA I N 5T H 38TH 37TH2 1 / 2 3R D 2N D AVE37TH MC K I N L E Y STSTST CE N T R A L A V E . 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SULLIVAN DR ST 4T H ST 5T H 48TH 49TH ST WA S H I N G T O N JE F F E R S O N ST ST 4T H ST 5T H ST WA S H I N G T O N ST JE F F E R S O N AVE46 1/2 PARKVIEW LN BU C H A N A N S T TY L E R P L TY L E R P L 45TH C H A T H A M R O A D H E I G H T S D R I V E ST ST PI E R C E DR PE N N I N E PL EA S T U P L A N D C R E S T WE S T UP L A N D C R E S T 6T H ST 6T H ST LOMIANKI LN PARKV I E W PL KE Y E S S T LA B E L L E S T MC K E N N A S T GU A V I T T E S T MAUREEN LN MA U R E E N D R KAREN LN KATHY LN 42 1/2 AVE GR A N D AVE PA R K S I D E L N JOLLY LN LOGACZ LN ORENDORFF WAY NAEGELE AVE BA K K E N B L V D VE T E R A N S W A Y ST 3R D PROFT PL 5T H LOOKOUT PL GR A N D V I E W C T SULL I VAN DR Project Path: Q:\GIS\GISDATA\PLANNING\PROJECTS\ZONING 36x58.MXD Map Update Date: October 2015 Z O N I N G M A P City ofC O L U M B I A H E I G H T SC O M M U N I T Y D E V E L O P M E N T 68.34 L E G E N D Commercial: Public: Industrial: 2364.34 100.00% Non-City Land: TOTALS: Zoning Designations: Mixed: Acres:% of Total:Residential: 363.06 15.36%R-1 - Single Family Residential District 629.94 26.64% 69.35 2.93% 157.15 6.65% 22.0 0.93% R-2A - One and Two Family Residential District R-2B - Built as Duplexes R-3 - Multiple Family Residential District R-4 - Multiple Family Residential District 24.7 1.04% 25.39 1.07% 90.42 3.82% LB - Limited Business District CBD - Central Business District GB - General Business District 57.34 2.43% 9.7 0.41% I - Industrial District I-2 - Industrial District 168.54 7.13% 503.21 21.28% PO - Public and Open Space Right-of-Way 145.05 6.13%City of Hilltop and Mpls Water Works 30.15 1.28%MXD - Mixed Use District Water Features Revision Date: 1/30/1991 Revision Date: 2/2001 - Engineering Department Review Ordinance Date: August 12, 1974 Revision Date: 3/2001 - New Parcel Coverage Revision Date: 2/2003 - Community Development Department Review Disclaimer: The Zoning Designations found on this map are a graphical representationof the contents of the City of Columbia Heights Zoning Ordinance. Thisedition of this map is designed for the purposes of editing and correction.All questions concerning the Zoning Map should be directed to theCommunity Development Department. Sources:City of Columbia Heights -Community Development DepartmentEngineering Department(G.I.S. Division) Revision Date: 3/2000 - Community Development Department Review Revision Date: 10/2015 - Community Development Department Review Map Compilation Date: March 3, 1998·0 1,400 2,800700 Feet 0 0.2 0.40.1 Miles 1 inch = 300 feet1:3,600RF: 2.89% 232 23 3 23 4 23 5 23 6 23 7 23 8 23 9 CITY OF COLUMBIA HEIGHTS PLANNING AND ZONING COMMISSION PLANNING REPORT CASE NUMBER: 2016-1203 DATE: November 10, 2016 TO: Columbia Heights Planning and Zoning Commission APPLICANT: 500, LLC., Property Owner DEVELOPMENT: Commercial Redevelopment LOCATION: 3989 Central Avenue, 3889 Central Avenue, 950 40th Avenue REQUEST: Zoning Amendment-Rezoning PREPARED BY: Joe Hogeboom, Community Development Director BACKGROUND 500 LLC., owner of the property at 3989 Central Avenue NE. has petitioned the City of Columbia Heights to change the zoning designation of site from ‘Central Business’ to ‘Mixed Use’. This change would accommodate the relocation of Prodeo Academy to the site. Prodeo Academy, a kindergarten – fourth grade charter school currently located within First Lutheran Church, would occupy a portion of the first and second floors, and the entire third floor, serving as an anchor tenant in the building. Nancy Aleksuk, representative of the owner, states that retail and commercial uses are anticipated for the Central Avenue-facing portion of the first floor of the building, and that commercial office users are anticipated to occupy upper-stories of the building. Aleksuk anticipates bringing exterior renderings of the property before the Planning and Zoning Commission in early 2017 as part of the official Site Plan approval process. 3989 Central Avenue, 3889 Central Avenue, 950 40th Avenue 240 City of Columbia Heights Planning and Zoning Commission December 6, 2016 Planning Report Page 2 FINDINGS OF FACT Section 9.104(F)(5) requires four findings of fact to be made when a zoning amendment petition is made. The findings of fact are as follows: (a) The amendment is consistent with the Comprehensive Plan The Comprehensive Plan guides this area for “Commercial”. It has been repeatedly demonstrated throughout the Twin Cities Metropolitan Area that mixed use zoning is consistent with, and primarily comprised of, commercial development. In Columbia Heights, mixed use zoning permits residential, commercial and institutional uses. Currently, both commercial and residential uses are permitted on this property. (b) The amendment is in the public interest and is not solely for the benefit of a single property owner. The Northeast Business Center is the largest commercial building in Columbia Heights, and serves as an anchor for our downtown area. The building is unique in that it is the only multi-story, non-residential building along the Central Avenue corridor. Allowing a mix of uses to facilitate occupancy and redevelopment of the building is in the public’s interest. (c) Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. Unfortunately, the building is currently vacant and not in use. The proposed redevelopment will include only uses that are permissible within the Mixed Use Zoning District. (d) Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in its current zoning classification. Increasingly, multi-story buildings are including a wide variety of users, including educational institutions. In fact, an educational institution had occupied this building (despite an inconsistency with the Central Business Zoning classification) in the past. 241 City of Columbia Heights Planning and Zoning Commission December 6, 2016 Planning Report Page 3 RECOMMENDATION Staff recommends that the Planning and Zoning Commission recommend approval the proposed rezoning of the property located at 3989 Central Avenue, 3889 Central Avenue, 950 40th Avenue, based on the aforementioned findings of fact. Motion: Move to waive the reading of Resolution No. 2016-108, there being ample copies available to the public. Motion: That the Planning and Zoning Commission recommends that the City Council approve Resolution No. 2016-108, rezoning the property located at 3989 Central Avenue, 3889 Central Avenue, 950 40th Avenue from ‘Central Business’ to ‘Mixed Use’. ATTACHMENTS Resolution No. 2016-108 Application Applicant’s Narrative Location Map Anoka County PID Information Preliminary Renderings 242 AGENDA SECTION PUBLIC HEARINGS ITEM NO. MEETING DATE DECEMBER 12, 2016 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: RESOLUTION 2016-132, ADOPTING A BUDGET FOR THE YEAR 2017, SETTING THE CITY LEVY, APPROVING THE HRA LEVY, AND APPROVING A TAX RATE INCREASE. DEPARTMENT: Finance CITY MANAGER’S APPROVAL: BY/DATE: Joseph Kloiber/December 8, 2016 BY/DATE: BACKGROUND: As required under the city charter, the city manager provided the city council with a proposed 2017 budget and tax levy at a regular council meeting in August. That document, available on the city’s website, explains the proposed 2017 budget and tax levy with 127 pages of summary and detail information, including comparisons to the current year and two prior years. This information was discussed and reviewed at four council work sessions. Through that discussion and review, the following three corrections to the proposed budget were identified: 1.To add the interfund activity related to new Huset Park splash pad a.Increase the Water Fund revenue budget by $20,000 over the previous amount. b.Increase the General Fund (parks) expense budget by $20,000 over the previous amount. 2.To correct the omission of a federal grant for certain firefighter labor a.Increase the Public Safety Grant Fund revenue budget by $111,955 from the previous amount. 3.To remove a clerical error in estimated investment income a.Decrease the Planning and Inspections Fund revenue budget by $5,000 from the previous amount. Apart from these corrections, the budget in the attached resolution 2016-132 is the same as the proposed budget approved by the City Council at the September 12th, 2016, council meeting. As stated at that meeting, the proposed 2017 increase to the gross property tax levy is 3.25%. However, the local taxpayers’ share of the gross property tax levy will actually decrease (on average) for 2017. This is a result of the 2016 cut in the Area- Wide Fiscal Disparities levy subsidy being mostly restored for 2017. That metro area subsidy is determined annually by a formula in state statue. STAFF RECOMMENDATION: The city manager and staff recommend approval of the 2017 budget and levy as stated in the attached resolution. RECOMMENDED MOTION(S): MOTION: Move to waive the reading of Resolution 2016-132, there being ample copies available to the public. MOTION: Move to close the public comment and adopt Resolution 2016-132, being a resolution adopting a budget for the year 2017, setting the city levy, approving the HRA levy, and approving a tax rate increase. ATTACHMENTS: Resolution 2016-132 CouncilLetter_Res2016_132_2017Budget&Levy.docx 8E 243 RESOLUTION 2016-132 ADOPTING A BUDGET FOR THE YEAR 2017, SETTING THE CITY LEVY, AND APPROVING THE HRA LEVY, AND APPROVING A TAX RATE INCREASE. Now, therefore, in accordance with all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: ORDER OF COUNCIL Section A. The budget for the City of Columbia Heights for the year 2017 is hereby approved and adopted with appropriations for each of the funds listed below. The estimated gross revenues to fund the budget for the year 2017, including general ad valorum tax levies and use of fund balances, are also as listed below. Section B. The following sums of money are levied for the current year, collectable in 2017 upon the taxable property in said City of Columbia Heights, for the following purposes: Estimated General Fund Levy 8,925,000 Estimated Library Levy 845,111 Estimated EDA Fund Levy 84,000 Total 9,854,111 Revenue Expense Governmental Funds General Fund 11,304,87711,409,877 Planning & Inspections 435,675 440,675 Econ Dev Authority Admin 297,018 302,018 Cable Television 227,400 143,459 Library 878,079 878,079 After School Programs 22,000 44,000 Special Project Fund 25,000 25,000 Public Safety - Other 111,955 111,955 Capital Project Funds 1,745,005 2,262,519 Debt Service Funds 2,038,123 2,015,700 Proprietary Funds Capital AssetsBond Principal Water Fund 3,250,800 2,798,419 325,000 185,800 Sewer Fund 2,236,750 2,630,788 - 35,000 Refuse Fund 1,993,750 2,050,851 - - Storm Sewer Fund 912,600 687,738 385,000 111,600 Liquor Fund 8,964,700 8,884,000 - 195,000 Central Garage 692,915 758,959 - - Building Maintenance 206,500 196,831 - - Information Systems 335,000 381,761 - - Use of Fund Balance 344,482 - - - Total Including Interfund Transfers36,022,62936,022,629 710,000 527,400 244 Section C. The City Council of the City of Columbia Heights hereby approves the Housing and Redevelopment Authority Tax Levy for the fiscal year 2017 in the amount of $209,468. BE IT FURTHER RESOLVED: That the County Auditor is authorized to fix a property tax rate for taxes payable in the year 2017 that is higher than the tax rate calculated for the City for taxes levied in 2015 collectable in 2016. BE IT FURTHER RESOLVED: That the City, pursuant to Resolution 2015-07, has previously called and redeemed all bond principal and interest payments on General Obligation Bond Series 2007A applicable for taxes payable in 2017 in the amount of $136,992 and that the County Auditor is authorized to cancel the related Bond Levy in its entirety for taxes payable 2017. BE IT FURTHER RESOLVED: That the City has adequate fund balances and reserves to pay bond principal and interest payments on General Obligation Bond Series 2008B in the amount of $430,000 and that the County Auditor is authorized to cancel $430,000 of the related Bond Levy for taxes payable in 2017, leaving a balance of $227,434 to be levied for taxes payable in 2017 for Series 2008B. BE IT FURTHER RESOLVED: That the City, pursuant to Resolution 2009-74, has previously certified to the County Auditor an initial debt levy schedule for all years applicable to the General Obligation Bond Series 2009A and that the City hereby confirms the amount of $234,289 to be levied for taxes payable in 2017, as listed therein for the Series 2009A. BE IT FURTHER RESOLVED: That the City has adequate fund balances and reserves to pay bond principal and interest payments on General Obligation Bond Series 2015A in the amount of $2,436 and that the County Auditor is authorized to cancel $2,436 of the related Bond Levy for taxes payable in 2017, leaving a balance of $480,000 to be levied for taxes payable in 2017 for Series 2015A. The Finance Director/Treasurer is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Anoka County, Minnesota. Approved this 12th day of December, 2016 Offered By: Seconded By: Roll Call: Ayes: Nays: ________________________________________ Mayor Gary L. Peterson ________________________________________ Katie Bruno City Clerk/Council Secretary 245