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HomeMy WebLinkAbout02-13-2017 CCPMayor COLUMBIA Donna Schmitt Councilmembers HEIGHTS Robert A. Williams John Murzyn, Jr. City of Columbia Heights Connie8uesgens h Avenue NE, Columbia Heights, MN 55421 -3878 (763) 706 -3600 TDD (763) 706 -3692 City Manager 590 40t Walter R. Fehst Visit our website at: www.columbiaheightsmn.gov The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, February 13, 2017 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 persons with disabilities are available upon request when the request is made at least 96 hours in advance. Please call the City Clerk at 763 - 706 -3611 to make arrangements. (TDD /706 -3692 for deaf or hard of hearing only.) 1. CALL TO ORDER 2. ROLL CALL 3. INVOCATION Invocation provided by Bob Lyndes, Crest View 4. PLEDGE OF ALLEGIANCE /OATH OF OFFICE 5. ADDITIONS /DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 6. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS 7. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A. Approve Minutes of the City Council MOTION: Move to approve the minutes of the City Council meeting of January 23, 2017 pg 5 MOTION: Move to approve the minutes of the City Council worksession of February 6, 2017 pg 13 B. Accept Board and Commission Meeting Minutes MOTION: Move to accept the Park & Recreation Commission Minutes from November 16, 2016 pg 15 MOTION: Move to accept the Traffic Commission Minutes from December 5, 2016 pg 21 MOTION: Move to accept the unapproved Traffic Commission Minutes from February 6, 2016 pg 24 MOTION: Move to accept the EDA Commission Minutes from January 3, 2017 pg 26 1 City of Columbia Heights City Council Agenda February 13, 2017 Page 2 MOTION: Move to accept the Planning & Zoning Commission Minutes from January 4, 2017 pg 31 MOTION: Move to accept the Library Board Minutes from December 7, 2016 pg 49 MOTION: Move to accept the Library Board Minutes January 18, 2017 pg 51 C. 2017 Ford Pickup Capital Equipment Purchase pg 52 MOTION: Move to authorize the purchase of one new 2017 Ford F250 3/4 -ton pickup truck off the State of Minnesota purchasing contract from Midway Ford of Roseville, MN in the amount of $23,400 plus sales tax; and one power lift gate from Aspen Equipment of Bloomington, MN in the amount of $2,563 plus sales tax. Funding shall come from the Street Capital Equipment fund 431 - 43121 -5150. D. Approving Plans and Specifications and Ordering Advertisement for Bids for 2017 Utility pg 55 Improvements 40th Avenue MOTION: Move to approve the plans and specifications and order Advertisement for Bids for the utility rehabilitation of storm sewer on 40th Avenue east of Central Avenue to LaBelle Pond. E. Approving Plans and Specifications and Ordering Advertisement for Bids for 2017 Utility pg 57 Improvements Main Street MOTION: Move to waive the reading of Resolution 2017 -17, there being ample copies available for the public. MOTION: Move to adopt Resolution 2017 -17 which accepts the Feasibility Report and approves the plans and specifications, and orders the Advertisement for Bids for the replacement of water main on Main Street between 40th and 42nd Avenues. F. Approving Plans and Specifications and Ordering Advertisement for Bids for Circle Terrace pg 66 Park Building MOTION: Move to approve the plans and specifications and order Advertisement for Bids for the Circle Terrace Park Building, based on a recommendation from the Park and Recreation Commission. G. Final Payment for Chatham Road Lift Station Rehabilitation pg 71 MOTION: Move to accept the work for Chatham Road Lift Station Rehabilitation, City Project No. 1414, and authorize final payment of $9,868.61 to Meyer Contracting, Inc. of Maple Grove, Minnesota. H. Final Payment for Library Bid Package 1 pg 74 MOTION: Move to accept the work for Library CP -1, City Project No. 1410, and authorize final payment of $29,444.38 to Veit & Company, Inc. of Rogers, Minnesota. I. Final Payment for Water Tower Rehabilitation pg 76 MOTION: Move to accept the work for Water Tower Rehabilitation, City Project No. 1507, and authorize final payment of $26,430.00 to Odland Protective Coatings, Inc. of Rockford, Minnesota. J. Designate One Hour Parking on 40th Avenue Adjacent to 332 40th Avenue NE pg 78 MOTION: Move to designate "ONE HOUR PARKING, 7:00 AM TO 9:00 PM" on the south side of 40th Avenue adjacent to 332 40th Avenue NE. K. Approve Amendment to Joint Powers Agreement (JPA) for North Metro Regional Street pg 80 Maintenance Consortium City of Columbia Heights City Council Agenda February 13, 2017 Page 3 MOTION: Move to approve the Seventh Amendment to the Joint Powers Agreement for the North Metro Regional Street Maintenance Consortium, combining the 20 -day comment period and the 30 -day "opting out" period for all or a portion of the work with the 30 -day period beginning shortly after the bids are opened. L. Resolution 2017 -16, approving a professional services agreement between the City pg 94 of Columbia Heights and Hoisington Koegler Group Inc. for the Columbia Heights Comprehensive Plan Project. MOTION: Move to waive the reading of Resolution 2017 -16, there being ample copies available to the public. MOTION: Move to adopt Resolution 2017 -16, approving a professional services agreement between the City of Columbia Heights and Hoisington Koegler Group Inc. M. Approve Transfer of PSB Range Rental Fees pg 114 MOTION: Move to transfer $10,560 received in Public Safety Building Range rental fees be transferred to the Police Department budget line item 3105 for Training. N. Approve Gambling Permits, Immaculate Conception Church pg 115 MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a gambling permit for Immaculate Conception Church to conduct bingo and a raffle at their event being held March 19, 2017 at 4030 Jackson Street NE, Columbia Heights; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty -day notice to the local governing body. MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a gambling permit for Immaculate Conception Church to conduct bingo, pull tabs and a raffle at their Fun Fest event being held August 4 -6, 2017 at 4030 Jackson Street NE, Columbia Heights; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty -day notice to the local governing body. O. Authorization to Purchase Police Vehicles pg 128 MOTION: Move to authorize the purchase of two 2017 Ford Police Interceptor Utility vehicles and one 2017 Ford Taurus unmarked vehicle under the State of Minnesota bid, with funding to come from 431.42100.5150, in the amount of $77,89.90 and that the Mayor and City Manager are authorized to enter into a contract for same. These vehicles will be used as marked patrol cars and unmarked police vehicles. MOTION: Move to authorize the Police Chief to expend up to $53,215.00 to set up and outfit two marked patrol cars and an unmarked vehicle. P. Approve Business License Applications pg 130 MOTION: Move to approve the items as listed on the business license agenda for February 13, 2017. Q. Payment of Bills MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8, the City Council has pg 132 received the list of claims paid covering check number 164514 through 164748 in the amount of $2,419,010.66. 3 City of Columbia Heights February 13, 2017 City Council Agenda Page 4 MOTION: Move to approve the Consent Agenda items. 8. PUBLIC HEARINGS A. First Reading of Ordinance No. 1638, Brewery Ordinance pg 142 MOTION: Move to waive the reading of Ordinance No. 1638, there being ample copies available to the public. MOTION: Move to set the second reading of Ordinance No. 1638, being an ordinance relating to malt liquor for February 27, 2017 at approximately 7:00 P.M. in the City Council Chambers. B. Consideration of Resolution 2017 -15, approving a Preliminary Plat for Venture Pass pg 154 Partners, LLC. MOTION: Move to waive the reading of Resolution 2017 -15, there being ample copies available to the public. MOTION: Move to adopt Resolution 2017 -15, approving a Preliminary Plat for Venture Pass Partners, LLC. 9. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations C. New Business and Reports 10. ADMINISTRATIVE REPORTS Report from Mayor and Council 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 anager 4 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING JANUARY 23, 2017 The following are the minutes for the regular meeting of the City Council held at 7:00 PM on Monday January 23, 2017 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota 1. CALL TO ORDER Mayor Schmitt called the meeting to order at 7:09 p.m. 2. ROLL CALL Present: Mayor Schmitt, Councilmember Williams, Councilmember Murzyn, Jr. and Councilmember Buesgens Also Present: Kelli Bourgeois; Human Resource Director /Assistant to the City Manager, Jim Hoeft; City Attorney, Gary Gorman; Fire Chief, Renee Dougherty; Library Director and Katie Bruno; City Clerk /Council Secretary 3. INVOCATION Invocation provided by Bill Hugo, St Matthew Church 4. PLEDGE OF ALLEGIANCE 5. ADDITIONS /DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 6. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS 7. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A. Approve Minutes of the City Council MOTION: Move to approve the minutes of the City Council meeting of January 9, 2017 B. Accept Board and Commission Meeting Minutes MOTION: Move to accept the Charter Commission minutes from October 20, 2016. C. Consideration of a Resolution Approving A Collective Bargaining Agreement Between the City of Columbia Heights and International Union of Operating Engineers, Local 49 MOTION: To waive the reading of Resolution 2017 -12, there being ample copies available to the public. City Council Minutes January 23, 2017 Page 2 of 8 D. Consideration of a Resolution Approving 2017 -2018 Salary and Fringe Benefit Adjustments for Non -Union Supervisory and Confidential Employees MOTION: To waive the reading of Resolution 2017 -13, there being ample copies available to the public. MOTION: To adopt Resolution 2017 -13, approving cost of living salary adjustments and changes in fringe benefits for non -union supervisory and confidential employees. E. Consideration of Appointments to fill vacancies on Advisory Commissions. *Removed for discussion. F. Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for January 23, 2017. G. 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 164363 through 164513 in the amount of $ 841,237.07. Mayor Schmitt requested Item E be removed for discussion. Motion by Councilmember Williams seconded by Councilmember Murzyn, Jr. to approve the Consent Agenda items A, B, C, D, F and G. All Ayes, Motion Carried. The following item was removed for discussion: E. Consideration of Appointments to fill vacancies on Advisory Commissions. Mayor Schmitt indicated there is currently one vacancy on the Planning & Zoning Commission and one vacancy on the Library Board. Council interviewed four applicants, just prior to the meeting. After much discussion, the following appointments were made: Motion by Councilmember Williams seconded by Councilmember Murzyn, Jr. to appoint Mike Novitsky to the Planning & Zoning Commission. 3 Ayes, 1 Nay, Motion Carried. Ayes; Schmitt, Willliams and Murzyn, Jr. Nay, Buesgens. Motion by Councilmember Williams seconded by Councilmember Murzyn, Jr. to appoint Tricia Conway to the Library Board. All Ayes, Motion Carried. 8. PUBLIC HEARINGS A. First Reading of Ordinance No. 1638, Brewery Ordinance Mayor Schmitt indicated that there are outstanding questions related to the item, and it will be discussed further at the February 6 th work session, and at the February 13th City Council meeting. City Council Minutes January 23, 2017 Page 3 of 8 Motion by Councilmember Murzyn, Jr. seconded by Councilmember Williams to waive the reading of Ordinance No. 1638, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Buesgens, seconded by Councilmember Murzyn, Jr. to table the item, and discuss at the February 6, 2017 work session. All Ayes, Motion Carried. B. Consideration of declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested regarding the properties at 4320 7th Street NE and 4329 Main Street NE for failure to meet the requirements of the Residential Maintenance Code. Fire Chief Gary Gorman reported the property at 4320 7th St NE required replacement of overhead garage doors. The property at 4329 Main St NE required repair to a light fixture, an overhead garage door and a broken front window. Kay Peabody -4333 Main St NE had questions about the abatement process, indicating the light fixture has been repaired. Chief Gorman explained the violations are found during inspections, and if the City is required to repair the items, the amount is charged back to the property owner. Gorman indicated they have received complaints from neighbors. Ms. Peabody reported the contractor hired to make the required repairs have not cleaned up their debris, and wondered if the homeowner will be held responsible for the clean -up. Gorman indicated the City will go out and assure all is cleaned up. Ms. Peabody also questioned where she could find the City Code. Councilmember Buesgens directed her to the City's website or the Community Development department. Motion by Councilmember Murzyn, Jr., seconded by Councilmember Buesgens to close the public hearing and to waive the reading of Resolution Numbers 2017 -10 and 2017 -11, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Murzyn, Jr., seconded by Councilmember Williams to adopt Resolution Numbers 2017 -10 and 2017 -11, being resolutions of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the properties pursuant to City Code section 8.206. All Ayes, Motion Carried. 9. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations C. New Business and Reports 10. ADMINISTRATIVE REPORTS Report from the Mayor and Council Councilmember Buesgens reported she attended a sustainability /climate change forum at the library on January 7th. The Charter Commission meeting was attended in January; discussion regarding the council vacancy and appointment took place. Councilmember Buesgens encouraged residents to check the local newspaper for upcoming events with the community group "Heights Next ". Councilmember Murzyn, Jr. reported the Columbia Heights Athletic Boosters will hold a fundraiser at Sarnas on January 27th. The Fire & Ice Polar Plunge is scheduled for Saturday, January 28th at 12:00 P.M., proceeds will go to SACA. The Lions will host the Sweetheart Dance on February 11th at Murzyn Hall. City Council Minutes January 23, 2017 Page 4 of 8 Mayor Schmitt attended the MWMO Board meeting. The MWMO has a program working with youth in Minneapolis, called the Mississippi River Green Team. Schmitt is hoping it can be made available to Columbia Heights youth in the future. Mayor Schmitt announced the Annual Sister Cities Young Artists Showcase will take place on February 21St at Murzyn Hall. Mayor Schmitt met with a local farmers group, and they are looking for additional members. The Mayor's prayer breakfast is scheduled for Wednesday, May 11th at 7:00 A.M. Report of the Assistant to the City Manager Kelli Bourgeois, Human Resource Director /Assistant to the City Manager reported the City is launching a new website this week, and some features may be limited. Report of the City Attorney 11. CITIZENS FORUM Frost Simula -1700 49th Ave NE questioned where copies of resolutions can be found. Mayor Schmitt noted there is a copy available in the agenda packet at the meeting, as well as online. 12. ADJOURNMENT Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. to adjourn. All Ayes, Motion Carried. Meeting adjourned at 7:55 p.m. Respectively Submitted, Katie Bruno, Council Secretary /City Clerk RESOLUTION NO. 2017 -10 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 Nyjibi Ojuway (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 4320 7th 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 December 20, 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: City Council Minutes January 23, 2017 Page 5 of 8 FINDINGS OF FACT 1. That on November 16, 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 December 16, 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 January 6, 2017, 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. Repair /replace overhead garage door. 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 4320 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. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. RESOLUTION 2017 -11 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 Bart Mady (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 4329 Main 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 January 5, 2017. 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 City Council Minutes January 23, 2017 Page 6 of 8 6. That on December 6, 2016, an inspection was conducted on the property listed above. Inspectors found violations. A compliance order was sent via regular mail to the owner at the address. 7. That on January 5, 2017, inspectors re- inspected the property listed above. Inspectors noted that violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 8. That on January 11, 2017, inspectors re- inspected the property and found that violations remained uncorrected. 9. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall repair /replace electrical light fixture on garage. B. Shall scrape /paint any and all bare wood on house, garage, overhead garage door, etc. C. Shall repair /replace broken front window. 10. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). ' CONCLUSIONS OF COUNCIL 4. That the property located at 4329 Main Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 5. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 6. 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 4329 Main 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 2017 -12 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 International Union of Operating Engineers, Local 49 Whereas, negotiations have proceeded between International Union of Operating Engineers, Local 49, representing Public Works Maintenance Workers of the City, and members of the City's negotiation team; and City Council Minutes January 23, 2017 Page 7 of 8 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 International Union of Operating Engineers, Local 49 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. RESOLUTION 2017 -13 A Resolution of the City Council for the City of Columbia Heights, Minnesota, approving 2017 and 2018 cost of living and fringe benefit adjustments for non -union supervisory and confidential /essential employees Whereas, the City of Columbia Heights adopted a Wage Compensation Program for Non - Unionized City Employees effective January 1, 1980 (Resolution 80 -47), which indicated that on an annual basis changes will be adopted in Group Salary Ranges; and Whereas, the City of Columbia Heights adopted a Comparable Worth Implementation Plan effective January 1, 1988 (Resolution 88 -50), to assure comparable compensation for positions with comparable skills, effort, responsibilities, and working conditions, and proportional compensation for positions where such factors are different; and Whereas, the City of Columbia Heights annually reviews the Employer's share for various insurance programs and other benefits for its non - unionized supervisory and confidential /essential employees to compare what is provided to other employee groups in the City. Now Therefore Be It Resolved, that the City of Columbia Heights hereby establishes cost of living adjustments and fringe benefits adjustments to all non -union supervisory and confidential /essential salary ranges for calendar years 2017 and 2018 as shown in attached Exhibit A. RESOLUTION 2017 -13 NON -UNION SUPERVISORY AND CONFIDENTIAL /ESSENTIAL EMPLOYEES EXHIBIT A Wages: 2017: 2.25% cost of living adjustment over 2016 wages, effective January 1, 2017 2018: 2.5% cost of living adjustment over 2017 wages, effective January 1, 2018 City Council Minutes January 23, 2017 Page 8 of 8 Insurance: 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 years 2017 and 2018. 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. 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. Thirty dollars ($30) per month City contribution into a city designated health savings account for all employees enrolled in an IRS qualified high deductible health plan. For 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. Meeting of: COLUMBIA HEIGHTS CITY COUNCIL Date of Meeting: February 6, 2017 Time of Meeting: 7:00 PM (Following the EDA Meeting) Location of Meeting: Conference Room #1 Purpose of Meeting: WORKSESSION CALL TO ORDER /ROLL CALL - The meeting was called to order at 7:33 PM Present: Mayor Schmitt, Councilmembers Murzyn Jr, Williams and Buesgens Also Present: Walt Fehst; City Manager, Kelli Bourgeois; Human Resource Director /Assistant to the City Manager, Kevin Hansen; Public Works Director, Joe Hogeboom; Community Development Director, Keith Dahl; Economic Development Manager and Katie Bruno; City Clerk Discussion regarding Ordinance related to breweries Keith Dahl, Economic Development Manager reported the item was tabled at the recent council meeting to allow time for various questions to be addressed. Dahl explained the ordinance considered the current city code along with state statute. The council agreed to permit off -sale Sunday sales of malt liquor. Dahl noted currently the city code would not allow for liquor licensing anywhere within the Central Business District, due to 300' restriction near schools and churches. Mayor Schmitt suggested the 300' restriction be eliminated in the Central Business District, as well as the areas on Central Ave, University Ave and 40th Ave. Section 5.503 (J)(10) related to adjacent establishments permitting contact sports was discussed. The council discussed the Lions Club events at Murzyn Hall. City Manager Fest stated he will research the item. Dahl suggested the section requiring a buffer be removed, due to the lot constraints within the city. The council discussed amplified sounds. Dahl reported currently enforcement is addressed through the public nuisance process. Dahl stated this could be regulated with a Conditional Use Permit. Cablecast EDA Meetings discussion City Manager Walt Fehst reported councilmember Buesgens suggested the EDA meetings be videotaped. Fehst stated that could occur, although meeting dates may need to be alerted. Fehst commented that an EDA commission or an EDA worksession may be started. The EDA would then do more of the formal business. Councilmember Buesgens requested the Planning & Zoning Commission meetings be added to the City's website. Central Avenue Safety Improvement, 47th to 51st Public Works Director Kevin Hansen gave an overview of the HSIP (Highway Safety Improvement Program) plan for Central Ave. Hansen noted a $930,000 grant was received for the project. The plans include a six foot sidewalk, and new LED streetlights. Options for electrical outlets and banners would add about $80,000 to the project cost. Median design options were reviewed. Hansen reported the next step is to hold a Public Meeting with the adjacent property owners. Circle Terrace Park Building Public Works Director Kevin Hansen displayed a rendering of the proposed building, noting the Park & Recreation Commission have reviewed, and have determined all goals have been obtained. The next step would be for council consideration, followed by the advertisement of bids. Mayor Schmitt questioned if the building would be computer ready. Hansen stated we are looking at Century Link Cable service. 13 39th Avenue Mill and Overlay, Central to Roundabout Public Works Director Kevin Hansen reported that 39th Avenue is a wide street with 23 feet paved in each direction. Staff recommends a 2 to 2 -1/2 inch mill and overlay on the entire segment. Four various parking options were reviewed with the council. The concepts include a 5 or 6 foot sidewalk on the south side, or north side. If a pedestrian connection is selected, staff believes the south side is a better location due to the uses and parking on the north side. Councilmember Buesgens asked if anything can be done regarding the many parking violations in the area. Community Development Director Joe Hogeboom indicated the City Planner has given notice to the properties, and she continues to monitor the area. Hansen reported the next step is to hold a Public Meeting with the adjacent property owners, and requested council direction regarding the sidewalk. Director Hogeboom reported he has heard support from the neighbors for a sidewalk. Councilmember Buesgens stated a sidewalk would improve the walkability of the community. Mayor Schmitt stated she is not in favor of a sidewalk in an industrial area, and the focus should be for sidewalks in residential areas. Director Hansen indicated this is unique, because the street project is being completed at this time. Mayor Schmitt and Councilmember Murzyn, Jr. expressed concern with semi - trucks fitting on a narrowed road. Hansen suggested conducting a truck count, and report back to the council. Hansen will bring the item to the public meeting with a proposed sidewalk, noting the final decision will be up to the Council. 2017 Utility Projects: Main Street Water Main, 40th Avenue Storm Sewer Public Works Director Kevin Hansen reported two mill and overlay MSA projects are planned. The first is a segment on 40th Avenue from Central Avenue to Reservoir Boulevard. 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. The second project is Main Street north of 401h 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. Discussion of Communications Specialist position City Manager Walt Fehst reported councilmember Buesgens suggested the city consider hiring a communications specialist in order to manage various communication aspects. Fehst noted this position is not budgeted for in 2017, although there may be ways to justify the expense; possibly looking at a part time position. Kelli Bourgeois, Human Resource Director /Assistant to the City Manager indicated this position would be responsible to get a unified message from all the city departments in a variety of media outlets. Mayor Schmitt commented that the position will likely not be on board until the second half of the year, resulting in a cost savings. Bourgeois indicated that a full time employee would be preferred due to the expected work load, Fehst and Buesgens agreed. Councilmember Williams suggested starting out with a part time employee, as the position is not in the 2017 budget. City Manager Walt Fehst suggested the City work on drafting a job description for Council review. Margo Ashmore, from the Northeaster Newspaper suggested council consider hiring an agency to assist in the creation of the job description. Meeting Adjourned at 9:24 PM Respectively Submitted, Katie Bruno, Council Secretary /City Clerk 14 CH COLUMBIA HEIGHTS Park & Recreation Commission Minutes of the Meeting John P. Murzyn Hall November 16, 2016 David Payne called the meeting to order at 5:30 p.m. Roll Call Members present: Anne Carder, Sean Clerkin, Bruce Evans, Kevin McDonald, David Payne, Marsha Stroik Staff present: Keith Windschitl, Recreation Director; Deanna Saefke, Commission Secretary; Gary Peterson, Mayor Also present: Deb Myhre, parent coordinator for St. Anthony Village High School Approval Consent Agenda Motion by Stroik, second by Clerkin, to approve the consent agenda. Upon vote: All ayes. Motion Carried. Letters and Requests A. Letter of request for a reduced rental rate of Murzyn Hall to be waived for the Columbia Heights Police Association and Staff for their annual award ceremony on Sunday, December 4, 2016. Saefke indicated the Police Association has rented in the past and since they are not a staff related group and are a completely separate entity, the $50 entry and $20 per hour of use fee was charged. This year the police association is incorporating the awards for the police department staff at the same event so the group is asking for the fee to be waived. Stroik clarified that the association is not the same group as the police department. Windschitl replied correct, but they will be doing city business at this particular event. Staff recommends waiving the fee. Payne asked what day of the week. Windschitl replied Sunday. Motion by McDonald, second by Clerkin, to approve the request to waive the fee on December 4, 2016. Upon vote: All ayes. Motion Carried. B. Request for a reduced or waived rental fee of Murzyn Hall for the Columbia Heights Firefighter Association in January 2017 for their annual banquet. Saefke indicated that a date was originally set with Captain Dan O'Brien and he called last week to change the date but doesn't have a new date as of yet. O'Brien did not answer if this holiday event will be solely for the Firefighter Association or if any city staff business will also take place. Saefke feels this will most likely be a function just for the association. Windschitl recommends charging the same fee as in previous years; the $50 entry and $20 per hour of use. Stroik asked if any weddings are booked for that time. Windschitl relied no. Clerkin asked if the event was held on a Saturday last year. Saefke replied yes, but it was within thirty days of the date and the date was available so they were charged the $50/$20. Stroik replied to encourage them to use a Friday or Sunday to receive the discounted rate. Windschitl stated that when rentals happen within thirty days there is an opportunity for reduced rates. Motion by Evans, second by Clerkin, to approve the request for a reduced rental fee of Murzyn Hall for the Columbia Heights Firefighter Association at the $50 entry fee and $20 per hour of use on a Friday or Sunday at this time. Upon vote: All ayes. Motion Carried. 15 City of Columbia Heights Park & Recreation Commission Minutes of the Meeting November 16, 2016 Page 2 C. Request for an open bar for a traditional engagement party on December 17, 2016 with 200 to 250 guests using a staff approved bartender. Windschitl stated this renter would like to have an open bar using a staff approved and trained bartender for their event with 200 -250 guests. Staff recommends approving the request. Motion by Clerkin, second by Evans, to approve the request for an open bar using a staff approved bartender. Upon vote: All ayes. Motion Carried. D. Request for a reduced rental rate on January 14, 2017 for the St. Anthony Village High School's Jazz Band and Chamber Choir fundraiser event. Deb Myhre, a parent volunteer, is present to discuss the event. Previous events have been more formal galas and the group is trying to make this a more family friendly community event. There would be student performances, dance lessons for the swing dance era, possible games, they would ask the Lions Club to offer a cash bar, a raffle or silent auction, and some appetizers. Myhre is a member of First Lutheran Church, a Columbia Heights resident, and likes the idea of hosting this event in her community. McDonald asked what the anticipated number is for attendance. Myhre replied the participation has been decreasing in previous years and they are anticipating 150 plus. Peterson asked if it is open to the public. Myhre replied yes, the group is planning to do a lot of advertising and do more outreach to increase the number of participants since it is not as formal of an event as it was in the past. This is a fundraiser for instruments and other equipment. Payne asked if the group is a non - profit or tax exempt group because of the requirements for a raffle. Myhre stated that is all in discussion but might be more games. Windschitl asked who the renter of the facility would be. Myhre replied the school district. Clerkin asked if the $50 entry fee and $20 hourly fee would be in place. Payne said no due to a Saturday date, but maybe a 25% discount. Windschitl asked if the group is set on a Saturday. Myhre indicated probably yes because of staff situations. Payne stated that a Friday or Sunday rental would be less expensive. Motion by Clerkin, second by McDonald, to offer a 25% resident discount if the rental is on a Saturday, or the $50 entry and $20 per hour of use on a Friday or a Sunday rental. Upon vote: All ayes. Motion Carried. E. Request for a reduced rental fee of Murzyn Hall for the India Association of Minnesota on Friday, December 9, 2016. Windschitl indicated the request was received today. This group is a non - profit organization. Saefke stated the organizer inquired about a rental of Murzyn Hall two years ago but the dates did not work out, but he is familiar with the rules of renting the hall. The India Association of MN has businesses and members who live in the area. Payne asked what the group is doing. Saefke replied the event is for a dinner, presentation, and they do know about using the Lions Club for any alcohol but unsure of other details as the client just made the inquiry that day. Windschitl suggested approving the $50 entry fee and $20 per hour fee to the group once the non - profit status is verified since the group is asking for a Friday. Staff will get further details on the event and make sure the group meets all the requirements of using Murzyn Hall such as security, food regulations, and alcohol with the Lions Club if desired. Motion by Clerkin, second by McDonald, to offer the $50 entry fee and $20 per hour of use based on verification of the non - profit status and that the group meets the requirements of renting Murzyn Hall. Upon vote: All ayes. Motion Carried. W City of Columbia Heights November 16, 2016 Park & Recreation Commission Minutes of the Meeting Page 3 F. Request for the reduced rental fee for the Columbia Heights Lions Club Fights in the Heights on Friday, December 16, 2016. Clerkin indicated the Columbia Heights Lions Club is sponsoring an amateur boxing event with Golden Gloves. Stroik asked what that event entails. Clerkin replied it is an amateur Golden Gloves boxing event, a ring is setup in the hall, the same as last year, there will be hot dogs, chips, the Lions Club will run a cash bar, and it is $10 per person at the door. Stroik stated that she remembers last year being successful. Clerkin replied yes, it was one of the best boxing matches he had seen, but the attendance was low. Tasty Pizza donates food for the boxers. The fighter and the boxers really enjoy the quality of this facility. Stroik suggested advertising in the Focus and Northeaster newspapers. Motion by Stroik, second by Carder, to offer the $50 entry fee and $20 per hour of use fro the Fights in the Heights on Friday, December 16, 2016. Upon vote: All ayes. Motion Carried. Old Business None at this time. New Business A. John P. Murzyn Hall 2018 rental rates. Windschitl reported this discussion is held annually. The Saturdays for 2017 are primarily already booked. This is to discuss the rental rates for 2018 which will begin on January 1, 2017. There was an increase on the Saturday rental rate from 2015 to 2016 of 3 %, and from 2016 to 2017 of 6 %. Clerkin asked if staff have seen a decrease in the number of rentals with these increases. Windschitl replied no, not on Saturdays. He reminded the Commission of their desire last year to get closer to a $1500 with tax venue for a Saturday rental. Staff feels that it is up to the pleasure of the Commission if they would like to maintain the current fees or increase them for 2018. Clerkin replied that he does not for see operation costs going down. Stroik agreed. She has recently searched other venues for a reception. She feels the rental rate should be increased for Saturdays. Clerkin and Stroik felt it was not raised enough for the previous increase. Stroik suggested $1800. Payne suggested 3% for Saturdays not Fridays and Sundays. Windschitl feels the rate should stay at an attractive rate for Fridays and Sundays. Clerkin suggested an even $100 increase. A suggestion was given for 10 %. McDonald stated not to get greedy. Further discussion was held on various percentages of increases. Stroik indicated the rental rate is the best deal around the area. Windschitl stated that many people do not realize how good the renting rules are for Muryzn Hall as opposed to going to another hall where the room might be free but then there are high priced minimums for food and beverage. He does not want to scare people away from even looking into renting Murzyn Hall due to a high rate. Stroik suggested a 6% increase. Motion by Stroik, second by Evans, to increase the rental rate of John P. Murzyn Hall on a Saturday by 6% before taxes. Upon vote: All ayes. Motion Carried. B. Rental rates and usage of John P. Murzyn Hall for non - profit groups. Windschitl indicate the current fee for the usage of Murzyn Hall for non - profit and civic groups is the $50 entry fee and $20 per hour of facility use. Many years ago there was no fee in place for these types of groups but it was decided to recoup some of the expenditures for having a staff person on duty, and the costs of heating and cooling of the facility. Staff are questioning if the $20 per hour fee is enough to cover the operation costs. He does not want to make it an outrageous fee either. Clerkin stated that you cannot operate at a loss. Windschitl stated that there is nothing in place at this time to limit a group from receiving this reduced rate as many times as they want throughout the year. Clerkin stated that means there is not a safe guard for the Commission to decline a request for multiple rentals. Windschitl 17 City of Columbia Heights November 16, 2016 Park & Recreation Commission Minutes of the Meeting Page 4 replied that we do not allow ongoing reoccurring rentals in order not to chase away full rentals. Staff ideas are to increase the hourly fee to possibly $25, also putting in a limit of the number of events each year that given the reduced rate and anything beyond that must be approved by the Commission. One other situation to discuss is if a group wanted to do a short rental of two or three hours on a Sunday in the hall that should not be allowed to be booked a year in advance as it is chasing off a full rental. Windschitl reported that staff suggests increasing the hourly rate from $20 to $25 per hour of facility use. This rate will be applied for non - profit or civic groups. Clerkin stated that at a rate of $20 per hour the building is losing money. Windschitl replied yes, but do we want to be making money on these types of groups. Clerkin replied that it is not about making money but about not losing money. Windschitl stated that the City Council has indicated this is a building that was built for civic groups. Stroik suggested having a different rate for those non - profit groups that are based in Columbia Heights versus groups not within the city. Have resident non - profit groups at the $50/$25 rate and nonresident non- profit groups at a higher rate. Clerkin suggested even a discount of 50% off of the regular rate. He also suggested a $60 entry rate. A discussion was held regrading various ideas, rates, and the different types of groups that might request to use Murzyn Hall. Windschitl concluded that Saturdays are not allowed at this non - profit rate. A resident non - profit group rate would be a $60 entry fee and $25 per hour of facility use. Saefke reported that some groups only need to use the hall for a four hour time frame for example and not a full 13 or 17 hour rental. Evans feels that a rental should be considered a full event regardless of the time frame. Motion by Clerkin, second by Stroik, to raise the rate for a Columbia Heights resident non - profit group to a $60 entry fee and $25 per hour of facility use on Sundays through Fridays. Upon vote: All ayes. Motion Carried. Windschitl suggested a $60 entry fee and a $50 per hour of use rate for a non - resident non - profit group. This again is for usage of the facility from Sunday through Friday. Clerkin asked if it was a Columbia Heights resident inquiring for a group that is from outside of the city. Windschitl replied that you would need to go by where the address of the groups insurance is from. Motion by Clerkin, second by Stroik, to raise the rate for a non - resident non - profit group to a $60 entry fee and $50 per hour of facility use on Fridays or Sundays. Upon vote: All ayes. Motion Carried. Stroik asked if limiting a non - profit group's number of times that they are using the hall at this discounted rate should be included. Windschitl suggested two times per year. Clerkin stated a non - profit group could use the discounted rate two or three times per year without having approval of the Commission; giving staff the ability to work with a client more freely. Motion by Clerkin, second by Stroik, to limit the use of John P. Murzyn Hall at the non - profit rate to two times per year on Fridays or Sundays and any further requests need to be approved by the Park and Recreation Commission. Upon vote: All ayes. Motion Carried. Windschitl reported a concern if a group puts a date on hold months in advance, and then comes back at a later date requesting to use the facility for only a few hours. Clerkin suggested having a sixty day time frame for a request. Windschitl replied this is only discussing the time frame for a non - profit group. Clerkin suggested having a four or five hour time frame minimum to rent at a non - profit group. Saefke indicated that getting a minimum down payment for a group of one hundred dollars up front gives somewhat of a commitment that the group is committed. Windschitl replied that he is not concerned about getting the money. He is just concerned if a group holds a date for a long period of time and then 18 City of Columbia Heights November 16, 2016 Park & Recreation Commission Minutes of the Meeting Page 5 the event doesn't happen. Clerkin suggested going to a sixty day confirmation of payment from groups. Stroik indicated that if a group is willing to make a payment upfront they are committed to the rental. If nothing is required they are not committed. Windschitl stated this can be done internally to require a minimum down payment. Windschitl asked if these new policies or rates will go into effect immediately or as of January 1, 2017. Payne replied January 1. Clerkin added for any new rentals. C. City of Columbia Heights Parks and Event Wagon reservation rates. Windschitl indicated the reservation rates for the city parks and event wagon have been in place for a few years and were raised one time when the tax rate was applied. Over the last year or two the number of reservations has significantly increased. We want people to use the parks and to rent the park so that there are no problems while people are using the parks as to who has the right to be there. Staff suggests keeping the fees at a similar rate but simplifying the process in the office when taking payments which can be done by rounding up the fees. Windschitl explained when renting a park that means rights to the shelter or the park building only. The playground, wading pools, splash pad, and green spaces are open for public use. Staff suggests a resident park rental rate of $45 including tax, a non - resident rate of $65 including tax, and any group over 100 people at $110. These rates will eliminate making change with coins when people are paying in cash at the recreation office. Clerkin is asked if the rate of $110 for a large sized group is covering the operation costs. Windschitl feels that these groups would use the parks regardless of how many people they indicate are coming and he would rather see some the group pay some fee and get a permit for the use. Motion by Clerkin, second by Evans, to accept the increases to the park rental fees. Rates beginning in 2017 will be $45 for residents, $65 for non - residents, and $110 for large groups over 100 people. Upon vote: All ayes. Motion Carried. Windschitl explained the neighborhood event wagon is a sixteen foot trailer that is deliver to a location within Columbia Heights and picked up by staff after the reservation. The wagon includes twelve eight - foot tables, about seventy -five folding chairs, and a variety of recreational equipment. Staff suggest changing the rate from $37.49 to $40 including tax so that it is an even dollar amount. Motion by McDonald, second by Evans, to accept the increase to the event wagon rental fee to $40 including tax. Upon vote: All ayes. Motion Carried. Reports A. Recreation Director Windschitl reported the Taste of Heights is this Friday evening from 6:00 P.M. to 9:30 p.m. Recreation Program Coordinator has done a great job lining up restaurants from Columbia Heights to offer the food samples. There will be a silent auction, free wine and beer from Top Valu, the Lions Club will offer a cash bar. The Lions Club will also be helping volunteer with the event for setup, ticket sales, and cleanup. Youth basketball has large number of participants this year. The Police Department is now helping to staff the open gym times for the students of Columbia Academy and the High School for the after school programs. B. Public Works Director /City Engineer Windschitl reported for Hansen. The Circle Terrace Park building design process will begin for spring construction. Preliminary plans will be presented to the Commission at a later meeting for review. Circle 19 City of Columbia Heights November 16, 2016 Park & Recreation Commission Minutes of the Meeting Page 6 Terrace Park play structure and sport court have been installed. The remaining sidewalk and overlook will be installed with the building construction. Keyes Park has $350,000 budgeted in the 2017 parks capital budget for work within the park. This amount falls short of the complete master plan amount, so the work will need to be prioritized based on resources as has been done with previous master plan improvements. This will come back to the Commission once a design consultant is on board. Staff would recommend the next park for a master plan to be Gauvitte Park. There are a couple of other major impacts or issues in this area. Some of the Commission Members asked where this park is located. Windschitl reported receiving a few complaints from the neighbors about the basketball being in poor condition. Public Works staff has also received inquiries from some residents about making improvements to that park. Anticipation to begin the next master plan for a city park would be in the late spring or early summer. C. Commission Members Clerkin reported that one of the railings on the outside stairs from the northwest entrance of Murzyn Hall has broken off. Windschitl replied he will put in a work request to have it fixed. Carder stated LaBelle Park turned out very nice. She attended the flag ceremony for James LaBelle. Windschitl agreed that the area turned out very nice with the new shelter and parking in the cul de sac. Stroik indicated LaBelle receives a lot of usage in the summer around the walking path. Windschitl reported there has been a tremendous amount of issues with the satellite toilets in the parks this year. Issues include burning, tipping, and not staying clean. These problems have mostly been reported within Huset Park. Payne thanked Mayor Peterson for his service to the Park and Recreation Commission. He believes Peterson has done a great job and will miss him. Members agreed and said thank you. Peterson has enjoyed working with everyone in the City. Payne adjourned the meeting at 6:48 p.m. Deanna Saefke, Recreation Clerk Typist II 20 OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS TRAFFIC COMMISSION MONDAY, DECEMBER 5, 2016 CALL TO ORDER The meeting was called to order by Chairperson Ed Carlson at 5:32 p.m. ROLL CALL Members present: Commissioners Ed Carlson, Brian Clerkin, Nick Novitsky, and Leonard Olson Staff Present: Kathy Young, Assistant City Engineer Ted Fisher, Police Sergeant Sue Schmidtbauer, Public Works Secretary Council Liaison: Not present APPROVAL OF MINUTES Motion by Olson, seconded by Clerkin, to approve the minutes of November 7, 2016, as presented. Motion passed unanimously. OLD BUSINESS Residents present: None A. REQUEST FOR YIELD OR STOP SIGNS AT THE INTERSECTION OF MADISON STREET AND 42ND AVENUE In August, Nicole Miller requested YIELD or STOP signs at the intersection of Madison Street and 42nd Avenue. The Traffic Commission denied the request based on adequate visibility at the intersection. Since August there have been two additional accidents at the intersection, one reported. With this new information, Ms. Miller has requested the Traffic Commission review the intersection again. Her concern is lack of traffic control and the number of accidents /near misses at this intersection. The Police Department reviewed the reported accident records for the past five years; one accident in 2012, one accident in 2013, three accidents in 2014 and two accidents so far in 2016. Memos from Captain Austin are attached. On Madison Street traffic stops at 41" Avenue and 43rd Avenue. On 42nd Avenue traffic stops at Jefferson Street and Quincy Street. The MMUTCD guidelines to consider traffic control are five crashes within a three -year period and three crashes within a two -year period. Novitsky stated the last accident qualifies this intersection for traffic control. Olson stated this area gets worse and worse and there are already too many signs. He agrees the little mound on the southwest house does interfere slightly, but feels motorists will continue to drive right through another sign as they currently disregard the existing signage. However, because of activities, accidents, and pressure from the neighborhood, we may have to push it through even though the area is already saturated with signs - -maybe we should call for a public hearing. Young 21 Traffic Commission Minutes — December 5, 2016 Page 2 advised that if the commission feels there should not be a stop sign at this location, they could deny the request and Ms. Miller can appeal it to the City Council. Novitsky believes this is Ms. Miller's third time with this request. Young also questioned that because this is one of the only uncontrolled intersections in the vicinity, drivers may be expecting it to be controlled. Novitsky reiterated what Ms. Miller said at the last meeting, that if she doesn't see a sign her way she doesn't look the other way. He stated that's the problem with drivers, they're not observant and they expect the other driver to be observant. Olson feels it would make more sense to make the north /south controlled, otherwise vehicles won't stop. Other corners stop at 41st 42nd, and 43 d. The best we can expect is a rolling stop. Officer Fisher stated he stops at all intersections because drivers do run stop signs. There's quite a bit of squad traffic in that area because it's at their back door. Novitsky stated Ms. Miller's main concern is for the children in the neighborhood. He inquired about yield signs. Olson feels they will just drive right through a yield sign; however, Carlson feels it's a little better than nothing. Novitsky advised it does assign right of way. He is concerned that if we continue to say no and then a child gets injured it will come back to us. Clerkin is against putting up more signs as he's seen so many drivers run them, the most he would do is agree to a yield sign. Motion by Olson, seconded by Clerkin to deny the request. Motion passed with three ayes and one oppose. OTHER OLD BUSINESS None NEW BUSINESS Residents present: Ziyad Bakri A. REQUEST FOR 30 MINUTE PARKING ON 40T' AVENUE IN FRONT OF 332 40T' AVENUE NE Mr. Ziyad Bakri is the owner of a new convenience store at 332 40th Avenue NE (west half of the building at 334 401h Avenue NE). Mr. Bakri has requested "30 MIN PARKING, 7:00 AM TO 9:00 PM" signs be installed on the south side of 40th Avenue for two spaces directly in front of the building. The main problem is Sarna's employees parking in front of his store. Staff recommends 1 HOUR PARKING signs be installed as this is consistent with other designated parking signs throughout the City. Commissioners and Mr. Bakri agreed with the staff recommendation. Young advised Mr. Bakri that we will send him a notice regarding the public hearing. Motion by Clerkin, seconded by Novitsky to call for a public hearing at the next Traffic Commission meeting to designate "ONE HOUR PARKING, 7:00 AM TO 9:00 PM" on the south side of 40th Avenue adjacent to 332 40th Avenue NE. Motion passed unanimously. OTHER NEW BUSINESS None 22 Traffic Commission Minutes — December 5, 2016 Page 3 REPORTS CITY ENGINEER January 2nd is a holiday so the Public Hearing will be held in February. We cannot pound signs in during this time of year anyway. So, there will be no meeting in January and the Public Hearing will be scheduled for February 6 th POLICE CHIEF Sergeant Fisher disclosed the results of the speed survey on Reservoir Boulevard. The average speed was 30 which is a very low speed for the amount of cars. There were 15,161 vehicles over several days (a lot of traffic) with only a few speeders. COMMISSIONERS Novitsky stated that at 43 -1/2 Street and Pierce Street the signs designate a three -way stop but there are only two signs there. Young feels a sign is probably missing and made note of it. Carlson had a request regarding installation of a right turn lane on 44th Avenue from westbound to northbound onto University Avenue. The Commissioners all agreed the Service Drive would be a problem. ADJOURNMENT Motion by Olson, seconded by Clerkin, to adjourn the meeting at 5:48 p.m. Motion passed unanimously. Respectfully submitted, Sue Schmidtbauer Public Works Secretary 23 UNAPPROVED OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS TRAFFIC COMMISSION MONDAY, FEBRUARY 6, 2017 CALL TO ORDER The meeting was called to order by Chairperson Ed Carlson at 5:30 p.m. ROLL CALL Members present: Commissioners Ed Carlson, Brian Clerkin, Kevin Doty, Nick Novitsky, and Leonard Olson Staff Present: Kathy Young, Assistant City Engineer Lenny Austin, Police Captain Sue Schmidtbauer, Public Works Secretary Council Liaison: Not present APPROVAL OF MINUTES Motion by Olson, seconded by Clerkin, to approve the minutes of December 5, 2016, as presented. Motion passed unanimously. PUBLIC HEARING: ONE HOUR PARKING ON 40" AVENUE ADJACENT TO 332 401H AVENUE NE Residents present: Danny Bakri At the Traffic Commission meeting in December, Commissioners called for a public hearing to designate "ONE HOUR PARKING, 7:00 AM TO 9:00 PM" on the south side of 40th Avenue adjacent to 332 40th Avenue NE. Mr. Ziyad Bakri is the owner of a new convenience store at 332 40th Avenue NE (west half of the building at 334 40th Avenue NE). For the ease of his customers, Mr. Bakri requested a 30 minute time limit for two on- street parking spaces adjacent to the store. The Traffic Commission revised the parking designation to one hour for consistency with other locations in Columbia Heights. Motion by Olson to recommend the City Council designate ONE HOUR PARKING, 7:00 AM TO 9:00 PM for two on- street parking spaces on the south side of 40th Avenue adjacent to 332 40th Avenue NE. Seconded by Clerkin. Motion passed unanimously. Carlson informed Mr. Bakri that this item will go to council on Monday, February 13th, and encouraged him to attend the meeting in case there are questions. OLD BUSINESS None OTHER OLD BUSINESS None 24 Traffic Commission Minutes — February 6, 2017 Page 2 NEW BUSINESS None OTHER NEW BUSINESS None REPORTS CITY ENGINEER Young advised that she checked out the missing stop sign at 43 -1/2 Avenue and Pierce Street. The sign that faces Pierce Street states "all way stop ". However, there is a sign missing on 43 -/12 Avenue. She is questioning if the Traffic Commission would like to see if the neighborhood is agreeable to removing the two stop signs on 43 -1/2 Avenue and leaving the one on Pierce Street. This is a "T" intersection and it's unclear how long the one sign has been gone. Young advised that the Commission can call for a public hearing or she can send a letter to residents within 300 feet of the stop sign. Doty questioned the proper procedure. Novitsky stated the sign has been missing for a while. Commissioners agreed that we should send letters and if there is no objection, remove the stop signs on 43 -1/2 Avenue. POLICE CHIEF None COMMISSIONERS Carlson questioned if it is in the budget to put red tape /stripes on all the stop sign poles. Young advised this is only put on stop signs where there is non- compliance and /or neighbors have approached the city. If we put it on all signs it may not be as effective. Apparently councilmember Williams asked Carlson to visit this again in reference to the intersection at 43rd Avenue and Cleveland Street. After discussion, the Commission agreed if you overuse the markings, they will lose their effectiveness. Young feels it is more appropriate for heavily traveled areas rather than residential neighborhoods. However, she will check out this intersection. ADJOURNMENT Motion by Doty, seconded by Olson, to adjourn the meeting at 5:40 p.m. Motion passed unanimously. Respectfully submitted, Sue Schmidtbauer Public Works Secretary 25 ECONOMIC DEVELOPMENT AUTHORITY (EDA) MINUTES OF THE MEETING OF JANUARY 3, 2017 The meeting was called to order at 6:30 pm by Chair Gary Peterson Members Present: Donna Schmitt, John Murzyn, Marlaine Szurek„ Bruce Nawrocki , Bobby Williams, Gerry Herringer, and Gary Peterson. Others present: Connie Buesgens, newly elected Councilmember Staff Present: Walt Fehst, Joseph Hogeboom, Keith Dahl, and Shelley Hanson. PLEDGE OF ALLEGIANCE- RECITED CONSENT ITEMS 1. Approve the Minutes from November 7, 2016- 2. Approve the Financial Report and Payment of Bills for October and November 2016 on Resolution 2017 -01. Questions by Members: No questions or comments. Motion by Nawrocki, seconded by Williams, to waive the reading of Resolution 2017 -01 there being an ample amount of copies available to the public. All ayes. MOTION PASSED. Motion by Nawrocki, seconded by Williams, to approve the Minutes and Financial Report and Payment of Bills for October and November, 2016 as presented. All ayes. MOTION PASSED. RESOLUTION NO. 2017-01 A Resolution of the Economic Development Authority of Columbia Heights, Minnesota, Approving the Financial Statements for the Months of October and November, 2016 and the Payment of the Bills for the Months of October and November, 2016. WHEREAS, the Columbia Heights Economic Development Authority (EDA) is required by Minnesota Statutes Section 469.096, Subd. 9, to prepare a detailed financial statement which shows all receipts and disbursements, their nature, the money on hand, the purposes to which the money on hand is to be applied, the FDA's credits and assets and its outstanding liabilities; and WHEREAS, said Statute also requires the EDA to examine the statement and treasurer's vouchers or bills and if correct, to approve them by resolution and enter the resolution in its records; and WHEREAS, the financial statements for the months of October and November, 2016 has been reviewed by the EDA Commission; and 26 EDA Minutes Page 2 January 3, 2017 WHEREAS, the EDA has examined the financial statements and finds them to be acceptable as to both form and accuracy; and WHEREAS, the EDA Commission has other means to verify the intent of Section 469.096, Subd. 9, including but not limited to Comprehensive Annual Financial Reports, Annual City approved Budgets, Audits and similar documentation; and WHEREAS, financials statements are held by the City's Finance Department in a method outlined by the State of Minnesota's Records Retention Schedule, NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of the Columbia Heights Economic Development Authority that it has examined the referenced financial statements including the check history, and they are found to be correct, as to form and content; and BE IT FURTHER RESOLVED the financial statements are acknowledged and received and the check history as presented in writing is approved for payment out of proper funds; and BE IT FURTHER RESOLVED this resolution is made a part of the permanent records of the Columbia Heights Economic Development Authority. Passed this 3rd day of January, 2017. Motion by: Seconded by: BUSINESS ITEM 1. Discuss Right of Reverter Execution for 4647 Polk St NE Dahl explained to members that on August 28, 2014, the Columbia Heights Economic Development Authority (the "EDA ") entered into a Purchase and Redevelopment Agreement (the "Agreement ") between Steve and Katherine Pepple (the "Pepples ") for a single - family, owner - occupied home to be constructed on 4647 Polk Street NE (the "Property "). The Agreement obligated the Pepples to substantially complete construction by January 30, 2016 or the EDA would have the right to re -enter and take possession of the Property. At the time the EDA sold the Property to the Pepples for $7,500, they indicated that their intentions were to ultimately sell their existing home and construct a new home on the Property. To date, the Pepples have not substantially constructed a single - family home on the Property. The City Building Official has reviewed two different sets of plans for the Pepples proposed home; however no permits have been issued for construction and no plan review fees have been paid. Since construction has not been substantially completed, the EDA may retake the Property and pay the Pepples the remaining balance of the purchase price after the EDA has reimbursed itself for all costs and expenses incurred in connection with the recapture, management, and resale of the Property. 27 EDA Minutes Page 3 January 3, 2017 Staff sent out a letter to the Pepples informing them of their default to the Agreement and the pending actions that may be taken by the EDA. On November 28, 2016, staff received the attached letter from the Pepples requesting the EDA consider purchasing the Property back due to a financial hardship. For discussion tonight, Staff is seeking direction from the EDA on whether or not to proceed with the right -of- reverter to re -enter and take possession of the Property. And if the EDA chooses to do that, what amount of our expenses does the EDA expect to recoup. Dahl stated that if the EDA decides to re -enter and take possession of the Property, Tollberg Homes has communicated to staff that they would be interested in purchasing the Property to build a single - family home specific to the requirements of the Single Family Home Lot Sales Program. A copy of Tollberg Home's letter of interest is attached. Staff recommends excursing the EDA's legal right -of- reverter to reacquire the Property so that it may be added to the Single Family Home Lot Sales Program for sale to a developer. Questions /comments from members: Nawrocki asked what outstanding fees we have incurred thus far. Dahl stated there were legal fees for drafting the Purchase /Development Agreement, recording /transfer fees, plan review fees, and there will be fees incurred to process the Right of Reverter Clause. Dahl said the costs probably exceed the $7,500 purchase price. Dahl was asked why they decided not to build and whether they are current on the property taxes. Dahl explained they have experienced a financial hardship and are not comfortable moving forward with construction, but they have paid the taxes on the parcel. He said they have requested that the City buy the lot back. Under the current agreement the Pepples are not allowed to sell the lot to someone else themselves. Hogeboom told members that he had conferred with the Attorneys, and the City can't just make them an offer to re- purchase, we must go through the Right to Revert process. Herringer asked if the Pepples still lived in Columbia Heights. Hogeboom stated they live next door to this lot and have been residents of this neighborhood for a long time. Fehst said it was an unfortunate set of circumstances that led to their request for the City to take the lot back. Hogeboom stated the Pepples would like to have the whole purchase price returned to them, however he suggested that we subtract the amount of the second plan review ($1,355.74) off the purchase price of $7,500 and refund them the difference. Herringer said the EDA should recoup some of the expenses and thinks a refund of $6,100- $6,200 is fair. 28 EDA Minutes Page 4 Jan 4, 2017 Members generally agreed with that based on the fact that the lot will be re -sold at a higher price and that will help cover the other expenses we have incurred. Members asked Dahl what he thinks Tollberg would be willing to pay for the lot. Dahl said he expects to get $18,500- $25,000 for the lot once it is put back on the market. Motion by Nawrocki , seconded by Szurek , to direct staff to proceed with excursing the right -of- reverter, pursuant to the Purchase and Redevelopment dated August 28, 2014 between the EDA and the Pepples for the construction of a single-family, owner- occupied home at 4647 Polk Street NE for $7, 500, minus plan review fees of $1, 355.74 for a refund of $6,144.26 to the Pepples. All ayes. MOTION PASSED. Hogeboom said the next step will be to send them a written demand to fulfill their original agreement, and they will be given a 30 day timeframe to take action. If not, then the City will then proceed with the legal documents to take the property back. The Pepples are aware they will be issued the demand letter as the first step. OTHER BUSINESS: 1. CDBG APPLICATION - Dahl told members that staff has filled out a CDBG application for 2017 funding to purchase the Root property at 40th and University. The application will go to the City Council January 9th and must be submitted by January 13th. It will require extensive clean up if we get funding to purchase the property. Dahl said we would apply for clean- up funds through the Met Council and DEED. He estimated those costs to be $300,000 to $500,000. Hogeboom said this is a good time to move on this property since interest has increased in redeveloping this area due to the construction on the east side of University. Herringer asked what size the Root property was. Dahl said it was 1.19 acres which includes 3 accessory structures and the foundation of the primary structure. There was a discussion among members regarding the surrounding properties and the potential for future redevelopment of the whole west side of University. 2. HYVEE UPDATE- Hogeboom told members that Hyvee was turned down for the grant application for remediation costs so this put them behind schedule as they are trying to obtain financing elsewhere. He said they have purchased the property and the rumors that they are backing out are untrue. He did tell members that Hyvee plans on taking plans to the Planning & Zoning meeting in February for the construction of a gas station /convenience store on 47th Avenue and Central. They would like to start construction by spring and once that is started they will start the remediation process of the store itself located in the mall. 29 EDA Minutes Page 5 Jan 4, 2017 3. NAWROCKI FAREWELL - Nawrocki said life has ups and downs, and that at the New Year he tries to put the negatives behind him and start fresh. He wished everyone the very best in the New Year, and hopes they all look forward to what lies ahead. The next meeting will be February 6 after the HRA meeting which is scheduled for 6:00 pm. The HRA will get an update from the Attorney regarding the by -laws, and changes to handle the financial obligations will be addressed. The attorney will also be present at the EDA meeting to answer any questions the Board may have. The meeting was adjourned at 6:45 pm. Respectfully submitted, Shelley Hanson Secretary 30 MINUTES OF PLANNING AND ZONING COMMISSION JANUARY 4, 2017 7:00 PM The meeting was called to order at 7:00 pm by Chair Szurek. Commission Members present- Fiorendino, Hoium, and Szurek Commission Member absent- Schill It was noted that Buesgens resigned from the Commission since she was elected to the City Council. The City Council will need to appoint a new member to fill the vacancy. Also present were Elizabeth Holmbeck (Planner), and Shelley Hanson (Secretary) along with Council Liaison, John Murzyn. Motion by Fiorendino, seconded by Hoium, to approve the minutes from the meeting of December 6, 2016. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: 2017 -0101 APPLICANT: Aisling Fitness LLC LOCATION: Vacant property on 51St Court REQUEST: Site Plan Approval Holmbeck told members that on behalf of Planet Fitness, Aisling Fitness, LLC has applied for Site Plan Approval per Code Section 9.104 (N), for the vacant site located behind La Casita and White Castle. The site is currently comprised of three vacant lots, which do not have assigned addresses: (Property Identification Numbers (PIN): 25- 30- 24 -23- 0018, 25- 30 -24 -23 -0017, and 25- 30- 24 -22- 0066). The applicant is proposing to construct a fitness facility on the 2.1 acre site. The proposed site plan accommodates a 20,094 square foot one story fitness facility building. The applicant is proposing to construct the building on the south end of the site and have parking on the north end of the site. The proposal includes 146 parking stalls, with landscaped islands and a number of landscaping improvements throughout the site. Overall the proposal meets the City's Zoning Code and Design Guideline Standards. A narrative provided by the applicant, was given to members to review. Holmbeck explained that since the submittal, Aisling Fitness LLC has also purchased the parcel to the north of this one that is located in the City of Fridley. This will provide additional parking and another access point to the property. This will increase the parking approximately 48 spaces for a total of 194. Aisling is working with the City of Fridley to get their approval on the coordinated plan and will submit separate storm water plans to them for that additional piece. ZONING ORDINANCE The site is currently comprised of three properties which are located in the General Business Commercial Zoning District. The properties to the north are located in the City of Fridley. The properties to the east are located in the One and Two Family, and Built as Duplexes Residential Zoning District. The properties to the south and west are located in the General Business Commercial Zoning District. 31 P & Z Minutes Page 2 January 4, 2017 COMPREHENSIVE PLAN The Comprehensive Plan guides this area for commercial land use. Commercial development on the longstanding vacant commercial property is consistent with the City's Comprehensive Plan. DESIGN GUIDELINES The subject property is located within the Design Guideline Overlay District, and is governed by the "Highway District" standards within the Design Guidelines. The intent of the Design Guidelines is to make the City more aesthetically appealing, by requiring a set of minimum standards for new construction along Central Avenue and 401h Avenue. The minimum standards were created by a task force of City Officials, business owners and residents, and adopted into the City Code by the City Council. In general, the proposed building meets the spirit of the Design Guidelines for the Highway District. Signage will be addressed when the applicant or tenant applies for a Sign Permit. Signage must be consistent with Design Guidelines and with City Code. The following components are requirements of the Design Guidelines Highway District and how the applicant has attempted to meet the guidelines: • Buildings may be set back a maximum of 85 feet from the sidewalk, in order to allow for two rows of parking and drive aisles plus landscaped frontage. Due to the fact that the site is narrow the proposed building is to be situated on the south end of the property, with parking to the north. There isn't currently a sidewalk located on 51" Court NE. The City will be working with adjacent businesses to connect current sidewalks to the businesses along 51St Court NE. Planet Fitness is required to ensure pedestrian connections are provided from the buildings rear fire exit and main front entrance sidewalk to the street where future connections will be in place. There will be a landscaped frontage on 51St Court NE. • The primary facade(s) of buildings of 40 feet or more in width should be articulated into smaller increments through the techniques such as using of different textures or contrasting, but compatible, materials; dividing storefronts with separate display windows and entrances or incorporating arcades, awnings, window bays, balconies or similar ornamental features. The proposed primary facade of the building will be articulated into smaller increments with different vertical and horizontal panels, and windows. • Building height shall be a minimum of 22 feet. The proposed building will be 24' tall. • Where commercial or office uses are found on the ground floor, at least 20 percent of the ground floor facade fronting Central Avenue and 15 percent of any two side or rear facades shall consist of window and door openings. The proposed plan meets this guideline on the front and west side of the building, however there are no windows on the rear side or east side of the building. • The building should have a well- defined front facade with primary entrances facing the street. 32 P & Z Minutes Page 3 Jan 4, 2017 The proposed building will have a well- defined front and side fagade. Due to the narrowness of the lot, the primary entrance is facing north towards the parking lot rather than 51" Court NE. • Building colors should accent, blend with, or complement surroundings. The colors that are proposed are neutral, and the accenting bolder colors coincide with the company's recognizable brand. Overall, the colors presented should complement the surrounding area. • No more than two principal colors may be used on a facade or individual storefront. Bright or primary colors should be used only as accents, occupying a maximum of 15 percent of building facades, except when used in a mural or other public art. The proposed building will consist of two primary colors: purple and yellow. • All buildings should be constructed of high - quality materials, including the following: Brick, Natural Stone, Stucco Precast concrete units and concrete block, provided that surfaces are molded, serrated or treated with a textured material in order to give the wall surface a three dimensional character. Jumbo brick may be used on up to 30 percent of any fagade, provided that it is used only on the lower third of the building wall. The proposal meets this guideline. The building will be constructed with precast concrete wall panels with a painted finish to meet this guideline. • Architectural details such as ornamental cornices, arched windows and warm -toned brick with bands of contrasting color are encouraged in new construction. The proposal generally meets the intent of this guideline. • Parking areas adjacent to public streets or sidewalks shall be screened with a combination of landscape material and decorative fencing or walls sufficient to screen parked cars on a year -round basis while providing adequate visibility for pedestrians. The proposed landscape plan includes a variety of trees and shrubs to be planted around the perimeter of the site, which should provide adequate screening. SITE PLAN 1. Parking The proposed plan identifies 146 parking stalls for the fitness facility. Staff believes this number is adequate. Planet Fitness has done previous studies to determine the amount of parking that is necessary. The number of stalls proposed for this site is based on previous fitness facility usage and takes into account peak times of the year, such as after the holidays. 33 P & Z Minutes Page 4 Jan 4, 2017 2. Access The site will be primarily served by two access points off Central Avenue onto 51 St Court. The property itself will be served by one access off 51St Court and 52nd Ave. NE. Since submitting the site plan documents, the applicant has purchased the property directly due north for additional parking and to provide an additional access point to the site. This property is in the City of Fridley and the applicant is currently working with Fridley to obtain the necessary permits to do site work. With the applicant acquiring this additional property, there will be an additional access point off of 52nd Ave. NE. to the property, which will provide more flexibility for exiting and entering the site, alleviating some of the traffic on 51St Court and on Central Avenue. 3. Landscape The proposed landscaping materials are shown on the attached Landscape Plan. The applicant is proposing to plant trees and shrubs which will complement the layout of the development. FINDINGS OF FACT Section 9.104 (N) of the Zoning Ordinance outlines four findings of fact that must be met in order for the City to approve a Site Plan. They are as follows: a. The Site Plan conforms to all applicable requirements of this article. The applicable Zoning Code requirements are achieved. b. The Site Plan is consistent with the applicable provisions of the City's Comprehensive Plan. The Comprehensive Plan guides this area for commercial development. The proposed Site Plan for the property is consistent with the intent of the Comprehensive Plan. c. The Site Plan is consistent with any applicable area plan. There is no area plan for this parcel. d. The Site Plan minimizes any adverse impacts on property in the immediate vicinity and the public right - of -way. The proposed Site Plan meets all the minimum setback requirements and general development standards outlined in the Zoning Code. Therefore, the properties in the immediate vicinity of the proposed development should not be adversely impacted. Questions from members: Szurek asked what type of barrier would be used between the Planet Fitness building and the residential area to the east. Holmbeck stated that they will be installing a white vinyl fence with trees and shrubs on both sides. Szurek then stated she didn't think the building met the Design Guidelines with the Purple and Yellow color scheme. Holmbeck said the primary exterior is a neutral color and they are allowed to use two primary colors for accent, but understands these are not the typical colors used throughout the City where the guidelines are in effect. 34 P & Z Minutes Page 5 Jan 4, 2017 Hoium asked about the 2 sidewalks and where they will run. Holmbeck reviewed the plan detailing the route of the sidewalks. She then told members that Public Works is working with White Castle to extend sidewalks from 51St Court out to Central Avenue which will provide pedestrian access since there are several bus stops in the immediate area. She noted that stop signs will also be added to the LaCasita exit point and to the Planet Fitness exit point to minimize traffic problems. Hoium asked if the 146 planned parking spaces meet our requirements for this type of business. Holmbeck stated that our Code does not address the number of parking spaces needed for this type of use. She said this plan was provided by Planet Fitness based on their other locations and what is needed at the peak times of the year, such as right after New Years, when people seem to use these facilities more. She reminded members that there will be 194 spaces once the Fridley parcel is added. Hoium asked if all the storm water plans were reviewed and approved by Public Works. Holmbeck told members that Public Works was satisfied with the plan and that very detailed information was provided regarding this issue. Fiorendino asked if staff felt there is adequate parking. Holmbeck stated they did. Fiorendino asked what she meant when she said that most of the Design Guidelines were met. Holmbeck explained she knew the colors used as accent (purple and yellow) may be an issue for members, and that some of the architectural requirements regarding windows and minor detailing don't exactly meet requirements. However, staff took into account that some of these items weren't appropriate for this building use. For example, eliminating windows along the back side of the building where the locker /shower rooms will be located. Staff considered these small deviations. Public Hearing Opened. Larry Larson is the owner of a duplex to the east of this property. He wanted to know the distance from the fence to the lot line. He was happy to hear there would be some screening between the business and the residences. Holmbeck told him there is approximately 19 -20 ft from the building to the lot line where the fence will be placed. Larson's major concern is drainage since his lot is the lowest in the area. He was worried that all the storm water from the area would flow to his lot especially after the Planet Fitness lot is paved. Holmbeck told him that the plans indicate that all the storm water from this site will be taken care of on site, it cannot be diverted to his property. She encouraged him to communicate with Kevin Hansen in Public Works regarding this matter for a more in depth explanation. Representatives present from Aisling Fitness were Ed Farr and Don Anderson, Architects, and Dan Hill from Aisling Fitness. Farr spoke to several of the issues discussed. He said all the storm water will go to an underground holding area and that it may actually help relieve some of the problems he has experienced in the past. He went on to tell members that the fencing along the east property line will be 6 ft in height and will be staggered back and forth along the entire property line with shrubs on one side and trees on the other to provide an aesthetic barrier. He said that will leave about 20 feet of green space between the building and the barrier. Farr said the color scheme used is their national branding colors and that they limited the use of it as they were mindful of the City's Design Guidelines and tried to come to a compromise from what they normally use. Fiorendino asked what the hours of operation would be. Farr said they are open 24 hours a day /7 days a week. Fiorendino asked about the lighting plan so as not to have a negative impact on the residential properties. Farr told members that they will have poles in the parking lot that will have downcast lighting, but there will be no lighting on the back side of the building. He said the fencing will prevent any headlights from vehicles shining into the residences behind the site. 35 P & Z Minutes Page 6 Jan 4, 2017 Fiorendino asked Farr if there would be a large impact on their plan if Fridley does not approve their plans for the northern piece. He said it would not. Public Hearing Closed. Motion by Fiorendino, seconded by Hoium, to waive the reading of Resolution No. 2017 -PZ01, there being ample copies available to the public. All ayes. MOTIONPASSED. Motion by Fiorendino, seconded by Hoium, to adopt Resolution No. 2017 -PZ01, being a resolution approving a Site Plan, for the proposed Planet Fitness subject to the following conditions: 1. The building and site shall be meet all requirements found in the Fire Code and the Building Code. 2. Trash and /or recycling collection areas shall be enclosed on at least three sides by an opaque screening wall or fence no less than six feet in height. The open side of the enclosure shall not face ally public street or the front yard of any adjacent property. 3. Mechanical equipment shall be placed and /or screened so as to minimize the visual impact on adjacent properties and from public streets and adjacent residential properties. 4. The applicant shall meet the requirements outlined in the attached report from the Public Works Director /City Engineer, dated December 21, 2016 S. The applicant will be responsible for installing two new stop signs to calm traffic exiting /entering the Planet Fitness property and the La Casita property. 6 The sidewalk currently shown wrapping around the south west side of the building will be continued and connect with the front ont (north) sidewalk, which will empty onto SI" Court NE. 7. All City Storm Water Management requirements shall be achieved for this property. 8. Site and elevation plans included in this submittal, dated December S, 2016 shall become part of this approval. 9. All other applicable local, state, and federal requirements shall be met at all times. All ayes. MOTION PASSED. RESOLUTION NO. 2017 — PZ01 A Resolution of the Planning and Zoning Commission approving a Site Plan for the construction of a Fitness Center on the Three (3) vacant lots located at 51St Court NE within the City of Columbia Heights, Minnesota. Whereas, a proposal (Case #2017 - 010 1) has been submitted by Aisling Fitness, LLC, on behalf of Planet Fitness, to the Planning and Zoning Commission, requesting Site Plan Approval from the City of Columbia Heights at the following site: ADDRESS: Three (3) vacant lots located at 51St Court NE (Property Identification Numbers (PIN): 25- 30 -24 -23 -0018, 25- 30 -24 -23 -0017, and 25- 30- 24 -22- 0066). LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for the construction of a Planet Fitness Center located on the three (3) vacant lots located at 51St Court NE (Property Identification Numbers (PIN): 25- 30- 24 -23- 0018, 25- 30 -24 -23 -0017, and 25- 30- 24 -22- 0066). 36 P & Z Minutes Page 7 Jan 4, 2017 Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on January 4, 2017; Whereas, the Planning and Zoning Commission has considered the advice and recommendations of City staff regarding the effect of the proposed Site Plan upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; Now, therefore, be it resolved, the Planning and Zoning Commission of the City of Columbia Heights after reviewing the proposal, accepts and adopts the following findings: 1. The site plan conforms to all applicable requirements of this article. 2. The site plan is consistent with the applicable provisions of the City's Comprehensive Plan. 3. The site plan is consistent with any applicable area plan. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right -of -way. Further, be it resolved, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS: 1. The building and site shall be meet all requirements found in the Fire Code and the Building Code. 2. Trash and/or recycling collection areas shall be enclosed on at least three sides by an opaque screening wall or fence no less than six feet in height. The open side of the enclosure shall not face any public street or the front yard of any adjacent property. 3. Mechanical equipment shall be placed and/or screened so as to minimize the visual impact on adjacent properties and from public streets and adjacent residential properties. 4. The applicant shall meet the requirements outlined in the attached report from the Public Works Director /City Engineer, dated December 21, 2016. 5. The applicant will be responsible for installing two new stop signs to calm traffic exiting /entering the Planet Fitness property and the La Casita property. 6. The sidewalk currently shown wrapping around the south west side of the building will be continued and connect with the front (north) sidewalk, which will empty onto 51" Court NE. 7. All City Storm Water Management requirements shall be achieved for this property. 8. Site and elevation plans included in this submittal, dated December 5, 2016 shall become part of this approval. 9. All other applicable local, state, and federal requirements shall be met at all times. Passed this 4"' day of January, 2017 Offered: Fiorendino Seconded: Hoium Roll Call: All ayes Shelley Hanson, Secretary Marlaine Szurek, Chair 37 P & Z Minutes Page 8 Jan 4, 2017 CASE NUMBER: APPLICANT: LOCATION: REQUEST: 2017 -0102 Aisling Fitness LLC Vacant property on 51" Court Preliminary Plat Holmbeck explained this request goes hand in hand with the previous request, and again on behalf of Planet Fitness, Aisling Fitness, LLC has requested Preliminary Plat Approval per Code Section 9.104 (L), for the vacant site located behind La Casita and White Castle. The site is currently comprised of three vacant lots, which do not have assigned addresses: Property Identification Numbers (PIN): 25- 30 -24 -23 -0018, 25- 30- 24 -23- 0017, and 25- 30 -24 -22 -0066. The applicant is proposing to remove the existing lot lines, and re -plat the property to allow for a fitness facility to be constructed on the south end of the site. State Building Code prevents constructing a new building over a property line. Furthermore, in order to obtain a Certificate of Occupancy for the property, the lot lines must be removed. ZONING ORDINANCE The site is currently comprised of three properties which are located in the General Business Commercial Zoning District. The properties to the north are located in the City of Fridley. The properties to the east are located in the One and Two Family, and Built as Duplexes Residential Zoning District. The properties to the south and west are located in the General Business Commercial Zoning District. COMPREHENSIVE PLAN The Comprehensive Plan guides this area for commercial land use. Commercial development on the longstanding vacant commercial property is consistent with the City's Comprehensive Plan. FINDINGS OF FACT Section 9.104 (L) (6) of the Zoning Ordinance outlines three conditions that must be met in order for the City to grant a Preliminary Plat. They are as follows: (a) The proposed Preliminary Plat conforms to the requirements of City Code Section 9.115. This is correct. (b) The proposed subdivision is consistent with the Comprehensive Plan. This is correct. (c) The proposed subdivision contains parcel and land subdivision layout that is consistent with good planning and site engineering design principles. This is correct. Staff recommends that the Planning and Zoning Commission recommend approval of the proposed Preliminary Plat request made by Aisling Fitness, LLC on behalf of Planet Fitness for the properties located on 51St Court NE., (PIN: 25- 30 -24 -23 -0018, 25- 30 -24 -23 -0017, and 25- 30- 24 -22- 0066). 38 P & Z Minutes Page 9 Jan 4, 2017 Questions /comments from members: There were no questions. Public Hearing Opened. No one wished to speak on this matter. Public Hearing Closed. Motion by Hoium, seconded by Fiorendino, to waive the reading of Resolution No. 2017 -03, there being ample copies available to the public. All ayes. MOTIONPASSED. Motion by Hoium, seconded by Fiorendino, that the Planning and Zoning Commission recommends the City Council approve the Preliminary Plat for the three vacant properties located on 51St Court NE., (PIN.•25- 30 -24- 23 -0018, 25- 30 -24 -23 -0017, and 25- 30- 24 -22- 0066), subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. All required state and local codes, permits, licenses and inspections will be met and in full compliance. 2. The applicant shall be responsible for the cost of filing and recording written easements with the Anoka County Recorder's Office. 3. An approved Preliminary Plat shall be valid for a period of one year from the date of the City Council approval. hz the event that a Final Plat is not submitted within this time period, the Preliminary Plat will become void. All ayes. MOTIONPASSED. The following Resolution will go to the City Council January 9, 2016. RESOLUTION NO. 2017-03 A Resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Preliminary Plat for Aisling Fitness, LLC for the Three (3) vacant lots located at 51St Court NE. Whereas, a proposal (Case # 2017 -0102) has been submitted by Aisling Fitness, LLC to the City Council requesting Preliminary Plat Approval from the City of Columbia Heights at the following site: ADDRESS: Three (3) vacant lots located at 51St Court NE (Property Identification Numbers (PIN): 25- 30 -24 -23 -0018, 25- 30 -24 -23 -0017, and 25- 30- 24 -22- 0066). LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING: Preliminary Plat Approval per Code Section 9.104 (L). 39 P & Z Minutes Page 10 Jan 4, 2017 Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on January 4, 2017; Whereas, the City Council has considered the advice and recommendations of the Planning and Zoning Commission regarding the effect of the proposed Preliminary 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) (6) of the Zoning Ordinance outlines conditions that must be met in order for the City to grant a Preliminary 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. Further, be it resolved, that the attached plans, maps, and other information shall become part of this Preliminary Plat; and in granting approval the City and the applicant agree that the Plat shall become null and void if a Final Plat is not submitted to the City Council 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. The applicant shall be responsible for the cost of filing and recording written easements with the Anoka County Recorder's Office. 3. 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. CASE NUMBER: 2017 -0103 APPLICANT: Mulata Associates LLC LOCATION: 820 40"' Avenue REQUEST: Zoning Amendment (Rezoning) Holmbeck said Mulata Associates, LLC has petitioned the City of Columbia Heights to change the zoning designation of the property located at 820 40"' Ave. NE. from `Public and Open Space' to `Central Business'. This change would accommodate the relocation of an adult daycare to the site. Mulata Associates, LLC operates an adult daycare in St. Paul which has outgrown the current space. The applicant is planning to purchase the City's former Library building to allow for the daycare to operate in the building. In addition to the daycare, the applicant is proposing to use the building as a community center, when it is not being used as a daycare facility. 40 P & Z Minutes Page 11 Jan 4, 2017 In terms of the Rezoning request, rezoning the property to Central Business is in the best interest of the public and the future of the property. Right now the property can only be used for a `public use' such as a government building or a non - profit. Allowing the property to be rezoned provides opportunities for a variety of commercial uses to operate on the parcel in the future. Due to the property's close proximity to the Central Business corridor, and from a long term planning perspective, approving the rezoning will provide a viable commercial property for the future. A list of the current permitted uses in the Public and Open Space and the Central Business District was given to members. It is important to note that there are some conflicts regarding the specific types of uses that are being proposed for the building. The proposed uses do not meet the Specific Development Requirements that are called out in the City's Zoning Code for an Adult Daycare and Community Center. The Specific Development Requirements are a list of requirements for certain types of commercial, residential, and industrial uses. For example, a `use' such as a daycare may be permitted in the zoning classification, but will also need to meet the Specific Development Requirements guided for that type of `use'. The applicant has been made aware that the uses which are currently proposed would not be allowed under the City's current code due to the fact that the Specific Development Standards are not met and that staff does not have the authority to waive these requirements. Holmbeck told members that they have met with the applicant to explain this conflict; however the applicant decided to proceed with the Zoning request. Holmbeck said they would have to appeal the Specific Development Standards at a later time to the Board of Appeals if they choose to move ahead with their proposed plan for the building. The Specific Development Requirements for an Adult daycare and a Community Center are attached for your review. The issue in this particular case is that the proposed uses do not meet the following standards: 1. For a Community Center, the parcel upon which the use is located shall have a lot area no less than four times the area of the building footprint. 2. For an Adult Day Care Center, at least 150 square feet of outdoor area for seating or exercise shall be provided for each adult under care. ZONING ORDINANCE The property is located in the Public and Open Space Zoning District. The properties located to the north and south are located in the Multiple Family Residential Zoning District. The properties to the west are located in the Limited Business Zoning District, and the properties to the east are located in the Central Business Zoning District. COMPREHENSIVE PLAN The Comprehensive Plan guides this property for Institutional Uses. It was unknown that a new library facility would be built, at the time the Comprehensive Plan was completed. Now that the new library facility is in operation, the former library is vacant and the City has no immediate public use for the property. The City should look for ways to make the property viable long term. Staff believes the rezoning request achieves this goal. 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: 41 P & Z Minutes Page 12 Jan 4, 2017 (a) The amendment is consistent with the Comprehensive Plan As previously .stated, the Comprehensive Plan identifies and guides the property for Institutional Uses. However, staff believes that due to the fact the surrounding area is guided for transitional development and commercial development, and from a land -use perspective, the proposal makes sense for the long term viability of the parcel. (b) The amendment is in the public interest and is not solely for the benefit of a single property owner. The property is currently vacant, and has been vandalized in the past few months. It is in the public interest that the property is being used for the highest and best possible use. Unfortunately, because the parcel is zoned for Public and Open Space, the types of uses that can operate on the site are strictly limited. Allowing a variety of commercial uses to operate on the site 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. The surrounding properties are a mix of commercial, residential, and institutional. Staff believes that overall the zoning classification of the property within the general area of the property is 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. The parcel's current zoning classification reflects the City's planned land -use goals at the time the Comprehensive Plan Update was last updated. Since 2008, the City has built a new library facility, and now operates at a different location. Due to the subject property's proximity to Central Avenue and a growing trend in commercial development throughout the Twin Cities Metro, it is a smart long term strategy to rezone the parcel to meet the growing commercial property demand. Staff recommends that the Planning and Zoning Commission recommend approval of the proposed rezoning of the property located at 820 40th Avenue, based on the aforementioned findings of fact. Questions from members: Fiorendino asked if there had been any consideration to re- zoning this parcel to Limited Business (LB) instead of CBD. Holmbeck said that option was discussed, however the applicant made the decision to request the change to CBD as it allows more choices of permitted uses. She again made it clear to the Commission members and the applicant, that if the re- zoning is approved, and the use of the building is determined to be a pennitted use, they still must meet the other Specific Development Standards depending on the proposed use. Hoium asked what other permitted uses are in this District. Holmbeck said the members were given a list in their packets. Hoium and Fiorendino both felt it made sense to change the zoning from "Public Use" to " CBD" as it allows more uses for any future owner and will help to achieve the best use of the building in that area. 42 P & Z Minutes Page 13 Jan 4, 2017 Hoium wanted confirmation that if they approved the re- zoning to "CBD" that the applicant would not be able to use the facility as an Adult Daycare or Community Center without appealing the section of our Code for Specific Development Standards to the Board of Appeals. Holmbeck said that is correct. The Board of Appeals could grant an exception, but if they decided to uphold the Code as it is written, then the Applicant could appeal to the City Council as a last resort. Public Hearing Opened. Steve Smith of 3813 Lincoln Street is a Trustee of Immaculate Conception Church. He wanted to make sure that any changes to the zoning of this site, and the lack of parking on site, would not impact Immaculate Conception Church in any way. Szurek assured him it would not. Any future business going into this building would not be able to use the Church's parking lots without permission. Chantelle Henning of 3975 Jackson Street thinks parking will be an issue for the proposed use. She doesn't feel there is adequate parking in the lot or on the side streets for a community center. She doesn't think that people will use the parking ramp and walk to this site which is 2 blocks away. Most of those needing the Adult Daycare probably would not be able to navigate that far. She is concerned that it will increase the street parking in the neighborhood. Fiorendino said we don't know what the actual use will be at this point, but said that most businesses will probably use the lot parking first and some street parking just like the Library did in the past, so this should not be a dramatic impact on the neighborhood. As far as use as a community center, that is why there are standards in place to ensure a certain amount of parking is provided on site, so as not to inconvenience the surrounding area. Public Hearing Closed. Motion by Fiorendino , seconded by Hoium, to waive the reading of Resolution No. 2017 -04, there being ample copies available to the public. All ayes. MOTIONPASSED. Motion by Fiorendino, seconded by Hoium, that the Planning and Zoning Commission recom»iends the City Council approve Resolution No. 2017 -04, rezoning the property located at 820 40th Avenue NE, wn 'Public and Open Space ' to 'Central Business'. The following Resolution will go to the City Council January 9th. 43 P & Z Minutes Page 14 Jan 4, 2017 RESOLUTION NO. 2017-04 A Resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Zoning Amendment for the property located at 820 40th Avenue NE. Whereas, a proposal (Case # 2017 -0103) has been submitted by Mulata Associates, LLC to the City Council requesting a Zoning Amendment from the City of Columbia Heights at the following site: ADDRESS: 820 40 "' Avenue NE 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's Zoning Code on January 4, 2017; P & Z Minutes Page 16 Jan 4, 2017 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 820 40 "' Avenue NE to "Central Business ". 44 P & Z Minutes Page 15 Jan 4, 2017 CASE NUMBER: 2017 -0104 APPLICANT: Scenic Sign Corp/New Perspectives Sr. Living LOCATION: 3801 Hart Blvd REQUEST: Variance Holmbeck said that Scenic Sign Corporation representing New Perspectives Senior Living is requesting a Variance to allow for the installation of a new monument sign for the property located at 3801 Hart Blvd. NE. The senior apartment complex, formerly known as the Lighthouse Apartments, has recently rebranded to be known as New Perspective Senior Living. The applicant is proposing to remove the old sign and replace the existing monument sign on the property to reflect the new name of the building. The applicant is requesting a Variance to City Code to allow for a monument sign that exceeds the maximum allowed 16 square feet. The applicant submitted plans for the packets for a proposal that calls for the sign face to be 52.25 square feet, with 10.4 square feet concrete pillars on either side of the sign face. The proposed sign is approximately 86 square feet in total. The Variance request is to allow the monument sign to exceed the dimensional requirements by 70 square feet. The existing monument sign is located on the west side of the property as you enter the parking lot and is 72 square feet in size. The applicant is proposing to rebuild the sign closer to the street (Hart Blvd.). According to the City's Zoning Code, monument signs for this zoning classification have a maximum permitted height of 8 ft. The proposed sign would meet this requirement, as it would be just over 6 ft. tall. A rendering of the existing sign and proposed sign, which includes dimensions and placement, is attached for consideration. Before the meeting, Scenic Sign submitted a second plan showing a different sized sign which Holmbeck passed out to members just prior to the meeting. Then at the meeting, a representative from New Perspectives, Holly Osters, passed out yet another plan showing different sizes again. All of the requests exceeded the allowed size. ZONING ORDINANCE The property is located in the R -3 Multiple Family Residential Zoning District, as are the properties to the north. The properties to the west are zoned Public and Open Space. The properties to the south and east are located in the General Business Commercial Zoning District. COMPREHENSIVE PLAN The Comprehensive Plan designates this zoning district for high density residential. DESIGN GUIDELINES The subject property is not located within the Design Guideline Overlay District FINDINGS OF FACT Section 9.104 (G) of the Zoning Ordinance outlines five conditions that must be met in order for the City Council to grant Variances. They are as follows: 45 P & Z Minutes Page 16 Jan 4, 2017 a) Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause practical difficulties in conforming to the Zoning Ordinance. The applicant, however, is proposing to use the property in a reasonable manner not permitted by the Zoning Ordinance. The application provided does not identify specific difficulties in conforming to the Zoning Ordinance. The property does not appear to have topographical or other unique conditions that pose a practical difficulty in conforming to the Zoning Ordinance. b) The conditions upon which the variances are based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. This parcel does not appear to have unique conditions as compared to the surrounding parcels. c) The practical difficulties are caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. The application provided does not appear to identify a practical difficulty. d) The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan does not address signage for multiple family residential uses. e) The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. The proposed sign does not appear to be detrimental to the public welfare, use and development, or value of properties in the vicinity. Staff recommends that the Planning and Zoning Commission recommend that the City Council deny the Variance request for the proposed monument sign for the property located at 3801 Hart Blvd. The applicant has not submitted a reasonable request based on the Findings of Fact outlined in the City's Zoning Ordinance, which are required by the City Council in order to approve a Variance. Based on the application and renderings received for review, it is not evident there is a practical difficulty present in order to grant the Variance. While there appears to be no issue with the request to move the sign closer to the street (Hart Blvd) for visibility, no justification has been provided that demonstrates the need for such a large sign on the residentially zoned property. The commercially zoned properties to the south and east are only allowed up to 50 square feet of signage. For this reason, and because the Findings of Fact have not been met, the request is not justifiable. A sample resolution was provided, should the Planning and Zoning Commission decide to recommend approval. Questions from members: Holly Osters from New Perspectives said the building was constructed in 2008. During the past year the company has created a new name and they have rebranded. The sign that is presently there is not a conventional one used at any of their other locations. Their wish is to replace the sign in a better location that will be consistent with all of the buildings they own. She told members that the existing sign is not visible to traffic coming from the north or south on Hart Blvd. therefore, guests, volunteers, & perspective residents have 46 P & Z Minutes Page 17 Jan 4, 2017 trouble finding the facility. She said the current sign is 34.8 sq ft in size (which exceeds the allowable size, and is therefore non - conforming). Staff has researched this and there was never a permit issued for that sign and it was never approved as part of the Site Plan or any other action approved by the P & Z Commission. There was a discussion to try and clarify which plan of the three submitted is their actual request. That lead to discussion about whether to make a decision on just the sign itself or whether the pillars or other supports should be included in the total sq ft. Members wanted to concentrate on the size of the actual signage not the surrounding supports. But it was still unclear what size they wanted a variance for. Hoium stated he was not in favor of expanding a non - conforming use. He was ok with moving and replacing it with the same size, but no bigger. Fiorendino said he needed a good reason to allow the variance. More visibility, or to attract more business is not good enough reasons in his opinion. He said they must go by what is established in the Code. He said the Commission doesn't have the authority to approve this without a hardship. Holly Osters stated that they are trying to provide consistency at all their buildings. Szurek said every city has different code requirements and we can't be expected to make decisions on other cities. She also said she can't justify the variance unless there is a hardship. Osters said they can't reface the current sign as it is made from limestone and it will crack if changes are made to it. The only option they have is to construct a new one. Osters went on to say that the Liquor Store to the south is larger than it should be. Holmbeck said the Liquor Store is in a commercially zoned area which has different requirements. The discussion continued about varying sizes of the new sign and whether the members would be willing to grant a variance on any specific size. At this point, the members were very confused about what the actual request was, and since they could see no hardship they were not in favor of granting a variance at this time. The members suggested Osters go to the City Council meeting and provide them with one proposal with precise measurements for the smallest size they think they could live with, and see if the City Council would approve it. Szurek said too many options were discussed at this meeting and it is hard to approve something that hasn't been submitted correctly. Public Hearing Opened. No further discussion. Public Hearing Closed. Motion by Fiorendino, seconded by Hoium, to close the public hearing and recommend that the City Council deny the Variance request for a monument sign for the property located 3801 Hart Blvd., due to the Findings of Fact not being met. 47 P & Z Minutes Page 18 Jan 4, 2017 OTHER BUSINESS No other new business. The meeting was adjourned at 8:22 pm. Respectfully submitted, Shelley Hanson Secretary 48 CH COLUMBIA HEIGHTS PUBLIC LIBRARY 3939 Central Ave NE, Columbia Heights, MN 55421 BOARD OF TRUSTEES: MEETING MINUTES Wednesday, December 7th, 2016 Approved 2/8/2017 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 Nancy Hoium. Also present were Library Director Renee Dougherty, and Recording Secretary Nick Olberding. • The Minutes of the November 2 "d, 2016 Board Meeting were approved. • The Bill List dated November 16th, 2016 was reviewed. It was moved, seconded, and passed that the bills be paid. • The Bill List dated November 30th, 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. • Library is at 77% of the year's budget (not counting recent Utilities and Payroll). The electrical, water, and sewer lines are overspent. However; the overall library expenses are below estimate. Council Resolution 95 -40 established a reserve for working capital cash flow in an amount equal to forty -five percent of the ensuing year's budgeted expenditures. During the last two budget years (2014 and 2015) the library fund (240) had a surplus at yearend which fulfilled the established reserve. The balance available in the Capital Building Library Fund is being used for the construction of the new building so will not be available to satisfy the required reserve in future. • The unbudgeted expenditures on Severance Pay are a little misleading. It's categorized as severance, but it is accrued vacation payouts for staff that have recently left. • E -Books vs. Print Books. Is it a trend that we are over - budget for E -Books and under - budget for Print? No, it was not intended to be that way. With the move to the new library and the push to RFID the collection, it was a very busy. Because of both reasons, there was a push to weed out the collection of low- circulating and outdated material. There was less time to keep up with selecting and ordering new items while preparing for and adjusting to the relocation. We are normally only 1 -2 months behind the current edition of book review journals in making purchase decisions, but we are currently 6 months behind on them. • Category 4040 (IT Support) will nearly double in the upcoming budget year. $22,000 in budget year 2016, to $40,000 in the 2017 proposed budget. Technical support has increased, and the library has much more technology in the new facility (e.g. Automated Material Handler, Self- Checkout Stations, 3x more Public Workstations, Door Card Readers, Security Cameras, and built -in AN Systems). • Category 7100 (City Administration) costs are misrepresented on the current Accounting Sheet. There is an error in accounting, because it should not be over - budget. Renee is working on getting this figured out with Finance department staff. Old Business: • Staffing Update • Four new pages accepted positions: Farrah Briest, Maria Fink, Tammie Powell, and Geraldine Yorks • Starting wage has been increased to $12, and caps at $15 • Library Page: Some large libraries use the term 'page' for employees or volunteers who retrieve books from the "stacks," which are often closed to the public. This relieves some of the tedium from the librarians, who may occupy themselves with duties requiring their more advanced training and education. — Wikipedia 2017 Proposed Budget Council Presentation: The presentation was well received. There were the usual points brought up about trying to cut the budget by several percent, and the need for transparency in public spending; 49 but it was more broadly about the city as a whole, not just the library. New Business: Trustee Resignation: Barbara Tantanella's resignation from the library Board is going forward. She was in a care facility when she made her decision. Has since been released, but has not rescinded her resignation. There is also the possibility of her moving out of the area, which would add to her motivation in leaving the board o The city is accepting applications on an ongoing basis until a decision is made on a new member. o Also up for replacement is the position of Council Liaison, due to Gary Peterson leaving his position as Mayor. It is currently unknown who will assume this position in the upcoming year. Items from the Floor: Uncollected Debt: ACL /CHPL will be writing off patron debt older than 96 months starting at the end of December. We are legally unable to enforce the collection of debt older than 7 years, and our contracted collection agency (Unique Management) is legally unable to affect patron credit records as a means to collect the debts. The purge will financially write -off about $310,000 in ACL patron debt, and $125,000 in CHPL patron debt. This process should not cause any negative impacts on our balance sheet, and should enable us to keep more consistently accurate statistics o Our ILS system is currently bloated with uncollected debt, inactive user records, and lost material dating back to 1998. Purging this data will clean up the system, and provide more accurate reporting of current material and patron counts. Free Publications: Lavender has approached us about distributing their free LGBT publication at the library. We need to look into our current policy, and possibly alter it if it's in our interest to distribute Lavender and other publications like City Pages, Tidbits, Beer Dabbler, etc. Strategic Plan: Our current strategic plan was from 2012 through 2016, so it is time to produce a new one. For now, we need to gather information, and continue adjusting to the dynamic of the new library. In 2017 we will have a new Mayor, City Council Member, Library Board Council Liaison, and Library Board Member. We will need to take some time to continue getting feedback from the public and others with a stake in the library. Also, time to learn the capabilities of the new building, technologies, and automation we have put together. o It is worth noting, that in Anoka County, we do a lot with a little. It has been revealed that the library levy in Anoka County is the lowest in the 7 county metro area. It equals about $24 /person. There being no further business, the meeting was adjourned at 6:25p.m. by Patricia Sowada, and seconded. Respectfully submitted, 4 Nicholas P. Olberding Recording Secretary, Library Board of Trustees The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights services, programs, and activities. 50 COLUMBIA HEIGHTS PUBLIC LIBRARY Approved 3939 Central Ave NE, Columbia Heights, MN 55421 2/8/2017 CCIH�'- BOARD OF TRUSTEES: MEETING MINUTES Wednesday, January 18th, 2017 The meeting was called to order by Vice Chair Nancy Hoium at 4:14pm. Members present were: Nancy Hoium, and Steve Smith. Via telephone was member Catherine Vesley. Also in attendance were Library Director Renee Dougherty, and Recording Secretary Nick Olberding. • The Minutes of the December 7th, 2016 Board Meeting were not reviewed. • The Bill Lists dated December 14th, December 215`, and December 281h of 2016 were not reviewed. • The Accounting Sheet as of year -end was not reviewed. Old Business: • Staffing Update o Not Discussed. Postponed to February Meeting. New Business: Resolution to transfer Board -owned property to the City of Columbia Heights • Resolution 2017 -1: Whereas ownership of Lot 1 and 2 of Block 64 (westernmost two of the six lots comprising the property of the old library building at 820 40th Ave NE, Columbia Heights, MN 55421), be transferred from the Columbia Heights Library Board to the City of Columbia Heights in order to facilitate the sale of the property to Mulata Associate, LLC. • It is unknown how the Library Board gained ownership of the two lots in the first place, but they have owned them since 1960. o Steve Smith voted to approve Resolution 2017 -1, and Nancy Hoium seconded; signed by Steve Smith and Nancy Hoium. Catherine Vesley approved via phone, and will sign the Resolution upon her return. • Revision of By -laws to include new meeting time o Not Discussed. Postponed to February Meeting. Items from the Floor: • Uncollected Debt: ACL /CHPL wrote off patron debt older than 96 months at the end of December, and purged the data from the Workflows database. The total of the debt written off by CHPL totaled $122K, coming in lower than the previously estimated $125K. There being no further business, the meeting was adjourned at 4:24p.m. by Nancy Hoium, and seconded. Respectfully submitted, 4 Nicholas P. Olberding Recording Secretary, Library Board of Trustees The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights services, programs, and activities. 51 CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7C MEETING DATE FEBRUARY 13, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: 2017 FORD PICKUP CAPITAL EQUIPMENT PURCHASE DEPARTMENT: Public Works CITY MANAGER'S APPROVAL: 6. BY /DATE: Kevin Hansen / January 27, 2017 BY /DATE: -2 L BACKGROUND: Truck #0221, a 1994 Chevrolet 4x4 pickup, and truck #0012, a 1998 Chevrolet 4x4 pickup, were sold at the city auction this past fall. Both trucks were used by the Street Department for street maintenance duties including transporting staff, tools, and materials to work sites. Staff has budgeted $25,000 in the Street Capital Equipment fund for the purchase of one replacement pickup truck. ANALYSIS /CONCLUSION: This capital equipment replacement provides for one new 2017 Ford 4x2 with a lift gate. STAFF RECOMMENDATION: Staff recommends the purchase of one new 2017 Ford F250 pickup truck off the State of Minnesota purchasing contract from Midway Ford of Roseville, MN in the amount of $23,400 plus sales tax; and one power lift gate from Aspen Equipment of Bloomington, MN in the amount of $2,563 plus sales tax. RECOMMENDED MOTION(S): Move to authorize the purchase of one new 2017 Ford F250 3/4 -ton pickup truck off the State of Minnesota purchasing contract from Midway Ford of Roseville, MN in the amount of $ 23,400 plus sales tax; and one power lift gate from Aspen Equipment of Bloomington, MN in the amount of $ 2,563 plus sales tax. Funding shall come from the Street Capital Equipment fund 431 - 43121 -5150. ATTACHMENT(S): Midway Ford Contract Price Aspen Equipment Contract Price 52 Midway Ford Commercial Fleet and Government Sales 2777 N. Snelling Ave. Roseville MN 55113 T -64 2017 F250 4X2- Regular Cab- 8' Box Automatic Transmission Dual Front Air Bags AM /FM Radio Tow Hitch Tilt Wheel 40/20/40 Vinyl Front Seat Standard Base Upholstery 4 -Wheel ABS Brakes Air Conditioning LT245/7507 E All Season Tires Travis Swanson 651- 343 -5212 tswanson CcDrosevillemidwayford.com Fax # 651- 604 -2936 Front Tow Hooks Rubber Floor Covering Black Bumpers w /Rear Step Matching Full Size Spare Tire 6.2L V8 E85 Options Code Price Select Exterior Colors Code Select E- Locking 4.30 Axle X4M $359 x Blue Jeans Metallic N1 Brake Controller 52B $249 x Race Red PQ Upfitter Switches 66S $152 x Caribou Metallic LQ Power Group 90L $841 x Shadow Black G1 Camper Pkg 471 $149 x Magnetic Metallic J7 Mud Flaps 61s $119 x Ingot Silver Metallic UX Oxford White Z1 x Extended Service Contracts Cost Select Option Total $1,869 You must have a active FIN code to participate in this purchase contract : FIN code # Purchase Order required prior to order placement PO # City of Columbia Heights Base Price Totals 6.2 Gas Options Price Totals Extended Warranty Transit Impr Excise Tax Tax Exempt Lic 6.5% Sales Tax Document fee Sub total per vehicle Number of Vehicles $21,511.00 _$1,869.00 $20.00 $23,400.00 1 Name of Organization 637 38th Ave NE Address Columbia Heights, MN 55421 Grand Total for all units $23,400.00 City, State, Zip Mike Oreilly / 763 - 706 -3721 Acceptance Signature Contact Person/ Phone # moreilly c(D.columbiaheightsmn.gov Print Name and I itle Date Contact's e-mail address and fax # 53 WAQU/PMEIYT /fICP1M6 9OgE .S[ACCEEO CORPORATE HEADQUARTERS: 9150 Pillsbury Avenue South, Bloomington, MN 55420 -3686 - Phone: (952) 888 -2525 • Fax: (952) 656 -7159 - Website: www.aspenequipment.com CITY OF COLUMBIA Cust Name: HEIGHTS Quote Number: Quote Date: 1/25/2017 Contact: Mike Oreilly CITY OF COLUMBIA HEIGHTS- 25 -LIF- 42760- 7 -50 -v1 Phone: 763- 706 -3721 Fax: E -Mail: morielly@columbia-heights.gov hts.gov Aspen Equipment is pleased to offer the following quotation for your consideration Qty Part/Sgec Number Description Installed 1 4.034 G2 -60 -1340 TP38 Tommygate 38" Steel Platform w/ taper, 1300 lb cap, G2 Series $2,563.00 State of Minnesota Contract 73056 Tax Note: Applicable sales tax and /or FET estimates will be confirmed and added to the final invoice Submitted by, Mark Lundeen 612 - 719 -4414 F.O.B.: Bloomington, MN (Unless otherwise specked) Equipment Specifications subject to change Quote valid for 30 days from date of quotation Quote Sub Total: $2,563.00 Estimated Sales Tax: $0.00 Total: $2,563.00 Chassis modifications including, but not limited to alterations or relocation of components related to fuel tanks, air tanks, brakes, exhaust systems, battery boxes, protrusions above and below the frame rails, shortening or lengthening frame rails and the like will be added to the selling price. "Mfg's Surcharges may be added to this quotation. Exhaust Systems: With the new EPA mandated diesel exhaust systems for 2007 and newer many changes are taking place. Manufacturers are often unable to depict accurately how the exhaust systems are configured and have difficulty stipulating whether certain components (i.e. PTOs and pumps) may fit in the confined spaces beneath the truck. 2007 EPA COMPLIANT DIESEL EXHAUST SYSTEMS CANNOT BE MODIFIED, RELOCATED OR REPLACED BY ASPEN EQUIPMENT. Due to evolving designs, Aspen Equipment can not maintain expertise on every chassis /engine /transmission/exhaust configuration possible, regardless of who orders or specifies it. Nor can Aspen Equipment guarantee that a chassis ordered today will not change in design prior to delivery from the factory. Therefore, Aspen Equipment does not warrant that quoted products can be installed on a chassis without modifications to the chassis or products installed. As such, Aspen Equipment will not be responsible for the cost of modifications due to exhaust systems conflicting with the installation of quoted products. Aspen Equipment will make every reasonable effort to ensure that installations are completed without additional charges to the customer. 54 1 of 1 Cy COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7D MEETING DATE FEBRUARY 13, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FORBIDS FOR 2017 UTILITY IMPROVEMENTS 40TH AVENUE DEPARTMENT: PUBLIC WORKS CITY MANAGER'S APPROVAL: BY /DATE: KEVIN HANSEN /FEBRUARY 1, 2017 BY /DATE: -7 BACKGROUND: In 2015 Anoka County staff informed City staff that the county road segment of 401h 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. Staff evaluated the storm sewer and determined that a parallel storm sewer on the north side of 40th Avenue could be added separating the drainage area on the north side of 40th from the south side of 40th — resulting in flood protection to the 100 year level. The existing storm pipe will be replaced with new structures due to its condition. This segment will be cost shared with Anoka County under existing cost share agreements. Staff has completed the plans and the project(s) are now ready to be publicly bid. The proposed funding for this work is as follows: Storm Sewer Construction Fund: $225,000 Municipal State Aid: $120,000 RECOMMENDED MOTION(S) Move to approve the plans and specifications and order Advertisement for Bids for the utility rehabilitation of storm sewer on 40th Avenue east of Central Avenue to LaBelle Pond. ATTACHMENT(S): 40th Avenue Site Plan 55 O C 7i l O T O U) 0 O C/') FT I F6! O T D F-11 z C F7 FTI X U� c �J7 lJ I� V C� C rI-I CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7E MEETING DATE FEBRUARY 13, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR 2017 UTILITY IMPROVEMENTS MAIN STREET DEPARTMENT: PUBLIC WORKS CITY MANAGER'S APPROVAL: BY /DATE: KEVIN HANSEN /FEBRUARY 1, 2017 BY /DATE: BACKGROUND: In 2016 Anoka County informed City staff that the county road segment of Main Street from 40th to 44" Avenues 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 Main Street to allow for evaluation of city utilities. The water main from 40th to 42nd Avenues has experienced several water main breaks and should be replaced prior to the road work, which the County desires to complete in 2017. The 6 -inch water main will be replaced with a new 8 -inch main, along with valves and hydrants. This work will be funded through the City's Water Construction Fund. A potential cost to the homeowner is the access and operability of the curb stop or water shut off valve at the property line. Consistent with our City Code, it is the homeowner's responsibility for the service line from the main in the street to the house. Based on the age of the original building construction, up to five water services may also be lead (material), requiring full replacement. A Feasibility Report has been prepared detailing the water service work, in accordance with 429 requirements. At the direction of the City Council, repairs and replacements of water service lines are publicly bid and those prices for repairs or replacements are extended to the homeowners if they so choose. Staff has completed the plans and the project(s) are now ready to be publicly bid. The proposed funding for this work is as follows: Water Construction Fund $345,000 RECOMMENDED MOTION(S) Move to waive the reading of Resolution 2017 -17, there being ample copies available for the public. Move to adopt Resolution 2017 -17 which accepts the Feasibility Report and approves the plans and specifications, and orders the Advertisement for Bids for the replacement of water main on Main Street between 40th and 42nd Avenues. ATTACHMENT(S): Resolution 2017 -17 Feasibility Report Main Street Site Plan 57 RESOLUTION NO. 2017-17 A resolution of the City Council for the City of Columbia Heights, Minnesota, WHEREAS, the City Council has initiated a water main replacement on Main Street from 40th to 42nd Avenue, and WHEREAS, a report has been prepared by the Director of Public Works with reference to the Main Street water main replacement, and WHEREAS, the Main Street water main replacement includes the following main segments: • Main Street from 40th Avenue to 42nd Avenue WHEREAS, the report provides information regarding whether the proposed project is feasible, necessary and cost effective, and Said report is hereby received by the City Council of Columbia Heights on February 13, 2017. Now therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of Columbia Heights makes the following: FINDINGS OF FACT NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA 1. The Council will consider the improvement of such water mains in accordance with the report and the assessment of water services to abutting or benefited property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $345,000. 2. Such improvement is necessary, cost - effective, and feasible. 3. Such improvement is hereby ordered as proposed in the Council Resolution adopted the 13th of February, 2017. 4. These improvements shall also be known as Project No. 1703. 5. The City Engineer, Kevin Hansen, is hereby designated as the engineer for this improvement. 6. The City Clerk shall prepare and cause to be inserted in the official paper and in a trade journal an advertisement for bids upon making of such improvement under such approved plans and specifications. The advertisement shall be published a minimum of three weeks prior to the bid opening, shall specify the work to be done, shall state that bids will be received by representatives of the City Council of Columbia Heights until 10:00 a.m. on Wednesday, March 22, 2017 at which time they will be publicly opened at the place designated, will then be tabulated and will be considered by the City Council on Monday, March 27, 2017 in the Council Chambers. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the council on the issue of responsibility. No bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, bid bond, or certified check payable to the City of Columbia Heights for 5 percent of the amount of such bid. ORDER OF COUNCIL Passed this 13th day of February, 2017 Offered by: Seconded by: Roll Call: Donna Schmitt, Mayor Attest Katie Bruno, City Clerk /Council Secreta 58 !@)) City of Columbia Heights FEASIBILITY REPORT FOR 2017 WATER MAIN IMPROVEMENTS CITY PROJECT 1703 February, 2017 ENGINEERING DEPARTMENT 63738 th Avenue NE, Columbia Heights, MN 55421 763 - 706 -3700 •.• 763 - 706 -3701 (Fax) 59 2017 WATER MAIN IMPROVEMENTS COLUMBIA HEIGHTS, MINNESOTA PROJECT NUMBER 1703 LOCATION: Main Street (CSAH 2) from 40th Avenue to 42nd Avenue IMPROVEMENTS: Water Main Replacement Remove 6" cast iron pipe (CIP) and install 8" ductile iron pipe (DIP) water main with new gate valves and hydrants. Water Service line repair or replacemens. INITIATION: City OWNERS ABUTTING: Main Street is the boundary between the cities of Columbia Heights and Fridley. Fridley residents are served with the Columbia Heights water main. Columbia Heights (24) Fridley (13) ISSUES: The following is a study of the key project issues. Anoka County is scheduled to mill and overlay Main Street (CSAH 2) from 40th Avenue to 44th Avenue in 2017. Prior to this work, the Public Works Department reviewed the condition of City owned utilities. Water main replacement from 40th Avenue to 42nd Avenue is required to improve or maintain the distribution system. No major sanitary or storm sewer replacement is proposed. Roadway construction will include minor modifications to existing sanitary and storm sewer castings to meet proposed finish grades. Water Main Improvements Water main replacement is proposed for Main Street from 40th Avenue to 42nd Avenue. The 6" CIP was installed in 1955. This two -block section of water main has had at least 14 breaks, compared with no recorded breaks in the pipe between 42nd Avenue and 44th Avenue. Staff is estimating up to 5 water services in Columbia Heights and 3 services in Fridley may need to be replaced on Main Street due to type of service pipe. This is based on the number of homes built before 1950. The type and size of water service is field verified during construction. Any water service other than 34" or larger copper is replaced. Inaccessible /inoperable stop boxes will also be repaired /replaced as part of the project. Staff has found 9 stop boxes in Columbia Heights and 7 stop boxes in Fridley need to be repaired /replaced. 2 60 Between 40th and 41St Avenues, 2 houses in Columbia Heights and 2 houses in Fridley are serviced from 1" copper lines on each side of the street. These houses will be connected directly into the main. Up to 4 houses south of 40% Avenue in Fridley are serviced from a pipe along the joint property line. These houses will continue to be serviced with the joint pipe. Restoration will include bituminous pavement with bituminous curb, hard surface repair in kind, such as sidewalk or driveway and turf restoration. FEASIBILITY: The proposed improvement project is necessary to maintain and improve the water main distribution system. It is cost - effective prior to the mill and overlay planned by Anoka County, and technically feasible as prescribed in the construction recommendations found elsewhere in this report. The project and project elements should be implemented as proposed in this study. The improvements, once completed, will provide a benefit to the properties served. SCHEDULE: Project construction is scheduled to begin in June of 2017, with substantial completion occurring in the mid -July. Council receives Feasibility Report and orders Project February 2017 Public Informational Meeting February /March 2017 Bid Opening March, 2017 Begin Water Main Construction May 2017 Water Main Construction Completed Mid -July 2017 FINANCING: Financing would be 100% Water Construction Fund for the water main, gate valves, hydrants and water service reconnections and 100% assessment for water service repair /replacement. Water Main The estimated construction costs for the water main is $345,000. Water Stopbox Repair(s) The estimated construction costs for the stopbox repairs /replacements are as follows: Curb Box Repair (each): $ 1,300 Replace Curb Box and Stop (each): $ 1,550 Replace Service including Stopbox (each): $ 2,600 Property owners also pay for all hard surface restoration, such as sidewalk or driveway. ASSESSMENT: The assessment will be based on a per service basis, based upon the actual cost to repair /replace the individual water service. 3 61 Diagram I PRINYATE WATER BERN ICE Curb Box Lid Howse Foundation Curb Box *ferry Entrance vah-r ! L I- COPFwlr PiPt Curb Stop Corporation Stop ser-6*r MAin Saddle 62 z CY W Q III VJ z Fn x W L1. N� I G z G W Q M /W V J 0 n `J n W W U� z G z Q s W Q z CD z I -- X W W W C! U� z z w 0 W U) O n- o W I-- W W Cr, I- U) z r 8 ,� 0 COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7F MEETING DATE FEBRUARY 13, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FORBIDS FOR CIRCLE TERRACE PARK BUILDING DEPARTMENT: PUBLIC WORKS CITY MANAGER'S APPROVAL: BY /DATE: KEVIN HANSEN /FEBRUARY 1, 2017 BY /DATE: BACKGROUND: In 2016 new equipment was approved that included a sport court, swing set, a small playset with slides, engineered wood fiber surfacing, concrete walks, matching benches and trash can, and a basketball hoop for the sport court, all installed by staff. The architect has now completed preliminary plans for the park building located on the north side of the Circle Terrace Park area. Staff consisting of Parks, Community Development, Recreation, and Police have reviewed / commented during the initial plan development. The building materials use durable materials such as stone and cement fiber siding and follows the Commission directive of earth tones for color. The building is simple in layout, as intended, for a meeting space with a restroom and small office for a PD substation or other staff use. The building also has an attached covered picnic shelter area. Funding for the project shall come from a CDBG grant ($236,771) and the Park Development Fund ($38,750). Interior furnishing and treatments shall be provided by the Police Forfeiture Fund. ANALYSIS /CONCLUSIONS: The Park and Recreation Commission reviewed the plans and recommends to the City Council to proceed to the bidding phase. Color selections would be brought back to the Park and Recreation Commission after the bid award. RECOMMENDED MOTION(S): Move to approve the plans and specifications and order Advertisement for Bids for the Circle Terrace Park Building, based on a recommendation from the Park and Recreation Commission. ATTACHMENT(S): Building site and elevation plans 66 * 1 m z 2 :) 0 20 2 Irl 0 U iml I■ v ao V- v 0 N I— — — — — — — — — — — — — — — — — — J M N DI-tl Z J n Of O O LL 0 50 r w z ry O U U) Q w H O U) w 0 C C �l C Z O W J W Q W Z O w J W 2 I— O Z 0 00 Do rl- J Q W 2 Off W m LL J H Z O N Of O T- 00 CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7G MEETING DATE FEBRUARY 13, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: FINAL PAYMENT FOR CHATHAM ROAD LIFT STATION REHABILITATION DEPARTMENT: Public Works CITY MANAGER'S APPROVAL: y , BY /DATE: Kevin Hansen / February 7, 2017 BY /DATE: BACKGROUND: The contractor has completed the Chatham Road Lift Station Rehabilitation project. The work consisted of the replacement of the pumps and motors, electrical service, and SCADA controls. STAFF RECOMMENDATION: Staff recommends acceptance of the work and final payment to Meyer Contracting, Inc. The Engineer's Report of Final Acceptance as well as a memo prepared by MSA Professional Services (consulting engineer) recommending acceptance of the project and final payment to Meyer Contracting, Inc. are attached. RECOMMENDED MOTION(S): Move to accept the work for Chatham Road Lift Station Rehabilitation, City Project No. 1414, and authorize final payment of $9,868.60 to Meyer Contracting, Inc. of Maple Grove, Minnesota. ATTACHMENT(S): Engineer's Report of Final Acceptance MSA Memo 71 CITY OF COLUMBIA HEIGHTS ANOKA COUNTY, MINNESOTA ENGINEER'S REPORT OF FINAL ACCEPTANCE CHATHAM ROAD LIFT STATION REHABILITATION CITY PROJECT NUMBER 1414 February 8, 2017 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 Meyer Contracting, Inc. The work consisted of the replacement of the pumps and motors, electrical service, and SCADA controls. 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 $ 456,238.00 CHANGE ORDERS $ 0.00 FINAL CONTRACT AMOUNT $ 456,238.00 FINAL WORK APPROVED $ 450,441.11 ALL PRIOR PAYMENTS ($ 440,572.51) BALANCE DUE $ 9,868.60 Sincerely, CITY OF COLUMBIA HEIGHTS Kevin R. Hansen City Engineer 72 NSAMemo SERVICES More ideas. Better solutions.® To: Mr. Kevin Hansen, Public Works Director From: Brian D. Miller, P.E. Subject: Application for Final Payment #6, Chatham Road Lift Station Date: January 5, 2017 Please find the Application and Certification for Final Payment (no.6) for your review and consideration. The Contractor has submitted a cost breakdown attached to the payment application. We consider the contractor to be 100% complete on the project. They have completed the items on the punch list and we have verified with Lauren McClanahan, Public Works Superintendent, that the punch list items are complete. The value on the attached Application is $9,868.61 which includes change order 3 and the remaining retainage held for the completion of the punch list. Attached is one copy of the Application and Certificate for Final Payment #6 with change order 3 and attachment "A" for your review and consideration. We recommend that the Council consider approving this payment request in the amount of $9,868.61 at the upcoming Council Meeting. If you have any questions, please feel free to contact us at (612) 548 -3132. Thank you very much. RON ° C`E (VE~ D ,IP,IV 20 2017 PUBLIC Offices in Illinois, Iowa, Minnesota, and AAlisconsin 60 Plato Blvd. East, Suite 140, St. Paul, MN 55107 -1835 (612) 548 -3132 (866) 452 -9454 FAX: (763) 786 -4574 WEB ADDRESS: www.msa- ps.com Page 1 of 1 P: \100DDs \SDDSDs \SD059\ 10059001 \construction \Paymentr \PPE6- Final\1ODS9001 Final Payment .dou 73 CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7H MEETING DATE FEBRUARY 13, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: FINAL PAYMENT FOR LIBRARY BID PACKAGE 1 DEPARTMENT: Public Works CITY MANAGER'S APPROVAL: BY /DATE: Kevin Hansen / February 7, 2017 BY /DATE: BACKGROUND: The contractor has completed the Library site improvements included in Bid Package CP -1. The work consisted of mass site grading, environmental remediation including removal of unsuitable material, and site storm water utilities. STAFF RECOMMENDATION: Staff recommends acceptance of the work and final payment to Veit & Company, Inc. A copy of the Engineer's Report of Final Acceptance is attached. RECOMMENDED MOTION(S): Move to accept the work for Library CP -1, City Project No. 1410, and authorize final payment of $29,444.38 to Veit & Company, Inc. of Rogers, Minnesota. ATTACHMENT(S): Engineer's Report of Final Acceptance 74 CITY OF COLUMBIA HEIGHTS ANOKA COUNTY, MINNESOTA ENGINEER'S REPORT OF FINAL ACCEPTANCE LIBRARY BID PACKAGE CP -1 SITE IMPROVEMENTS CITY PROJECT NUMBER 1410 February 8, 2017 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 Veit & Company, Inc. The work consisted of mass site grading, environmental remediation including removal of unsuitable material, and site storm water utilities. 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 $ 507,772.86 CHANGE ORDERS $ 149,460.51 FINAL CONTRACT AMOUNT $ 657,233.37 FINAL WORK APPROVED $ 657,233.37 ALL PRIOR PAYMENTS ($ 627,788.99) BALANCE DUE $ 29,444.38 Sincerely, CITY OF COLUMBIA HEIGHTS Kevin R. Hansen City Engineer 75 CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7I MEETING DATE FEBRUARY 13, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: FINAL PAYMENT FOR WATER TOWER REHABILITATION DEPARTMENT: Public Works CITY MANAGER'S APPROVAL: BY /DATE: Kevin Hansen / February 7, 2017 BY /DATE: BACKGROUND: The contractor has completed the Water Tower Rehabilitation project. The work consisted of structural rehabilitation to the existing structure, complete removal of the interior and exterior coating systems, and application of a new coating system. STAFF RECOMMENDATION: Staff recommends acceptance of the work and final payment to Odland Protective Coatings, Inc. A copy of the Engineer's Report of Final Acceptance prepared by the consulting engineering firm of Bolton and Menk is attached. RECOMMENDED MOTION(S): Move to accept the work for Water Tower Rehabilitation, City Project No. 1507, and authorize final payment of $26,430.00 to Odland Protective Coatings, Inc. of Rockford, Minnesota. ATTACHMENT(S): Engineer's Report of Final Acceptance 76 BOLTON & MENK Real People. Real Solutions. January 13, 2017 Kevin Hansen Director of Public Works / City Engineer City of Columbia Heights Columbia Heights, MN 55421 Subject: Water Tower Rehabilitation Dear Mr. Hansen: 7533 Sunwood Drive NW Suite 206 Ramsey, MN 55303 -5119 Ph: (763) 433 -2851 Fax: (7631427 -0833 Bolton- Menk.com This is to advise you that I have reviewed the work under contract to Odland Protective Coatings, Inc. The work consisted of structural rehabilitation to the existing structure, complete removal of the interior and exterior coating systems, and application of a new coating system. Bolton and Menk provided design, construction administration and inspection for the project. This is to advise you that the contractor has substantially completed the project in accordance with the requirements of the contract documents. It is recommended; herewith, that final payment be made for said improvements to the contractor in the amount as follows: ORIGINAL CONTRACT PRICE $393,600.00 CHANGE ORDERS (DECREASE) (S 26.500.001 FINAL CONTRACT AMOUNT $367,100.00 FINAL WORK APPROVED $367,100.00 ALL PRIOR PAYMENTS (5340.670.001 BALANCE DUE $ 26,430.00 Sincerely, Bolton and Menk Steve Nelson, PE Senior Project Manager H: \COLHTS \.022111289 \1 Corres \C To Others \311209_, 2017 -1 -13- Hansen Report ofAccept_BM Ffna A= eodtlm & monk is an C,H COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. CITY MANAGER'S APPROVAL: MEETING DATE FEBRUARY 13, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: DESIGNATE ONE HOUR PARKING ON 40TH AVENUE ADJACENT TO 332 40TH AVENUE NE DEPARTMENT: Public Works CITY MANAGER'S APPROVAL: BY /DATE: Kathy Young / February 7, 2017 BY /DATE: ,� 11o1117 BACKGROUND: At the December meeting the Traffic Commission called for a public hearing to consider designating "ONE HOUR PARKING, 7:00 AM TO 9:00 PM" on the south side of 40th Avenue adjacent to 332 40th Avenue NE. Mr. Ziyad Bakri is the owner of a new convenience store at 332 40th Avenue NE (west half of the building at 334 40th Avenue NE). For the ease of his customers, Mr. Bakri requested a 30 minute time limit for two on- street parking spaces adjacent to the store. The Traffic Commission revised the parking designation to one hour for consistency with other locations in Columbia Heights. Property owners within 300' of 322 40th Avenue were notified of the Public Hearing by mail and a Hearing Notice was published in the Sun Focus newspaper. ANALYSIS /CONCLUSIONS: The Traffic Commission held a public hearing on February 6, 2017 to consider designating "ONE HOUR PARKING, 7:00 AM TO 9:00 PM" on the south side of 401h Avenue adjacent to 332 40th Avenue NE. No one spoke in opposition of the "One Hour Parking" designation. RECOMMENDED MOTION(S): Move to designate ONE HOUR PARKING, 7:00 AM TO 9:00 PM for two on- street parking spaces on the south side of 40th Avenue adjacent to 332 40th Avenue NE. ATTACHMENT(S): Aerial 78 IM L -0 a) < C� 10 C:> N Z' C, e) 0-0. I rn rry a. CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7K MEETING DATE FEBRUARY 13, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: APPROVE AMENDMENT TO JOINT POWERS AGREEMENT (JPA) FOR NORTH METRO REGIONAL STREET MAINTENANCE CONSORTIUM r DEPARTMENT: Public Works CITY MANAGER'S APPROVAL: BY /DATE: Kevin Hansen / February 8, 2017 s' BY /DATE: 9 BACKGROUND: This joint powers agreement provides the opportunity for interested north metro cities to jointly bid for Street Maintenance Services, such as traffic marking, street sweeping, crack sealing, seal coating and fog sealing. Each city participates in the program individually, as their needed services require. The bidding is administered by the City of Coon Rapids. The original agreement, approved in 2005, included the cities of Coon Rapids, Andover, Brooklyn Center, Columbia Heights, and Fridley. The first amendment authorized the City of Coon Rapids to allow new member cities to join. The second through fifth amendments were to add the cities of East Bethel, Mahtomedi, and Circle Pines, respectively, to the Joint Powers Agreement. The sixth amendment reduced the "opt out" period for all or a portion of the work from 60 days to 30 days after the contract was awarded by the City of Coon Rapids. STAFF RECOMMENDATION: This is the seventh amendment to the Joint Powers Agreement. The agreement provides for a 20 day comment period after the bids are opened and a 30 day "opt out" period after the contract has been awarded by the City of Coon Rapids. This amendment combines the comment and the "opt out periods for 30 days after the bids are opened. The result is some services, such as traffic marking and crack sealing, can start in early May rather than late May /early June. RECOMMENDED MOTION(S): Move to approve the Seventh Amendment to the Joint Powers Agreement for the North Metro Regional Street Maintenance Consortium, combining the 20 day comment period and the 30- day "opting out" period for all or a portion of the work with the 30 day period beginning after the bids are opened and each City has received written recommendation of award by the City of Coon Rapids. ATTACHMENT(S): Seventh Amendment to the Joint Powers Agreement for the North Metro Regional Street Maintenance Consortium 80 SEVENTH AMENDMENT TO JOINT POWERS AGREEMENT TRAFFIC MARKINGS, STREET SWEEPING CRACK SEALING, SCREENING AND SEAL COATING This Seventh Amendment to Joint Powers Agreement ( "Seventh Amendment ") is by and between the cities of Andover, Anoka, Brooklyn Center, Circle Pines, Columbia Heights, Coon Rapids, East Bethel, Fridley, Ham Lake, and Mahtomedi and (hereinafter individually the "City" and collectively the "Cities "). WHEREAS, the Cities shall collectively be known as the North Metro Regional Street Maintenance Consortium. WHEREAS, on February 1, 2005 the cities of Coon Rapids, Andover, Brooklyn Center, Columbia Heights and Fridley entered into a Joint Powers Agreement pursuant to Minn. Stat. §471.59 for the purpose of combining together for bidding purposes for street maintenance services (hereinafter the "Joint Powers Agreement "); and WHEREAS, the City of Ham Lake joined the Joint Powers Agreement in August, 2006 by an agreement entitled First Amendment to Joint Powers Agreement (hereinafter the "First Amendment "); and WHEREAS, the Cities in the First Amendment, paragraph 3, authorized the City of Coon Rapids to allow a new member City to join the Joint Powers Agreement when, in its sole discretion, the City of Coon Rapids determines that it is in the best interest of the Cities to allow the new member City to join; and WHEREAS, the City of East Bethel joined the Joint Powers Agreement in February, 2008 by agreement entitled Second Amendment to Joint Powers Agreement (hereinafter the "Second Amendment "); and 81 WHEREAS, the City of Anoka joined the Joint Powers Agreement in March, 2010 by agreement entitled Third Amendment to Joint Powers Agreement (hereinafter the "Third Amendment "); and WHEREAS, the City of Mahtomedi joined the Joint Powers Agreement in January, 2011 by agreement entitled Fourth Amendment to Joint Powers Agreement (hereinafter the "Fourth Amendment "); and WHEREAS, the City of Circle Pines joined the Joint Powers Agreement in March, 2011, by agreement entitled Fifth Amendment to Joint Powers Agreement (hereinafter the "Fifth Amendment "); and WHEREAS, the opting out period described in Paragraph 4 was reduced to 30 days in February, 2015, by agreement entitled Sixth Amendment to Joint Powers Agreement (hereinafter the "Sixth Amendment "); and WHEREAS, the Cities met on. October 28, 2016 and agreed to combine the 20 -day comment period and the 30 -day opting out period in the Joint Powers Agreement. 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: Definitions. All capitalized terms, not otherwise separately defined herein, shall have the meanings ascribed to them in the Joint Powers Agreement. 2. Bid and Award. Paragraph 3 of the Joint Powers Agreement is hereby amended to "After receiving the bid quantities from each participating City, Coon Rapids shall prepare final plans and specifications and advertise for bids in accordance with state law. Coon Rapids shall tabulate the bids upon their receipt and make a recommendation of award to the Cities. The Cities shall have (30) days after receipt of the recommendation of award to provide Coon Rapids with written approval or rejection of Coon Rapids' recommendation of award. Cities that reject or fail to respond to Coon Rapids' recommendation shall be excluded from the bid award. After receiving the approvals described herein, Coon Rapids shall award the street maintenance contracts pursuant to state law." 3. Opting Out. Paragraph 4 of the Joint Powers Agreement is hereby amended to "The parties hereto recognize that municipal funding sources and spending 82 priorities may change throughout the bidding and award process. In recognition thereof, within thirty (30) days after receipt of the recommendation of award, prior to the award of contracts, a City may opt out of any individual bid award and contract by providing written notice to the Director of Public Works, City of Coon Rapids, 11155 Robinson Drive, Coon Rapids, MN 55433." 4. Full Force and Effect. Except as expressly amended herein, the terms and provision contained in the Joint Powers Agreement and its Amendments shall continue to govern the rights and obligations of the Cities, and the Joint Powers Agreement and its Amendments shall remain in full force and effect. [Signatures on following pages] 83 IN WITNESS WHEREOF, the cities of Andover, Anoka, Brooklyn Center, Circle Pines, Columbia Heights, Coon Rapids, East Bethel, Fridley, Ham Lake, and Mahtomedi have caused this Amendment to be executed by the duly authorized officers of their respective governing bodies. Dated: CITY OF COON RAPIDS I= Jerry Koch, Mayor Matt Stemwedel, City Manager 84 Dated: CITY OF ANDOVER By: Mayor By: City Manager 85 Dated: CITY OF ANOKA By: Mayor By: City Clerk 86 Dated: CITY OF BROOKLYN CENTER By: Mayor By: City Manager 87 Dated: CITY OF CIRCLE PINES By: Mayor By: City Administrator 88 Dated: CITY OF COLUMBIA HEIGHTS By: Mayor By: City Manager 89 Dated: CITY OF EAST BETHEL By: Mayor By: City Administrator 90 Dated: CITY OF FRIDLEY By: Mayor By: City Manager m Dated: CITY OF HAM LAKE By: Mayor By: City Administrator 92 Dated: CITY OF MAHTOMEDI By: Mayor By: City Manager 93 CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT AGENDA ITEM NO. 7L MEETING DATE FEBRUARY 13, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Approving a professional services agreement between the City of Columbia Heights and Hoisington Koegler Group Inc. for the Columbia Heights Comprehensive Plan Project. DEPARTMENT: Community Development CITY MANAGER'S APPROVAL: BY /DATE: Elizabeth Holmbeck February 9, 2017 BY /DATE: a BACKGROUND: The City of Columbia Heights is required to complete an update to its Comprehensive Plan. The Metropolitan Council requires that updates to the plan are made every ten years. The last update was completed in 2008, and this update is due to be submitted to the Metropolitan Council by the end of 2018. The Comprehensive Plan guides the City's future land use, housing needs, transportation needs, water resources and economic development. The City Planner will oversee the completion of the Comprehensive Plan. In October 2016, the City Council authorized a budget for this project. Staff issued a Request for Proposals this past fall. The City received 6 proposals and interviewed the top three candidates. Hoisington Koegler Group Inc. is being recommended to provide professional planning services for the project. The attached contract has been reviewed by City Staff and the City Attorney. The contract must be approved by the City Council before the Comprehensive Plan Project can officially commence. A proposed scope of work outline is included with the contract. STAFF RECOMMENDATION: Staff recommends approval of Resolution No. 2017 -16, approving a professional services agreement between the City of Columbia Heights and Hoisington Koegler Group Inc. for the Columbia Heights Comprehensive Plan Project. RECOMMENDED MOTION(S): Motion: Move to waive the reading of Resolution no. 2017 -16, there being ample copies available to the public. Motion: Move to adopt Resolution No, 2017 -16, approving a professional services agreement between the City of Columbia Heights and Hoisington Koegler Group Inc. for the Columbia Heights Comprehensive Plan Project. ATTACHMENTS: Resolution No. 2017 -16 Professional Services Agreement 94 2018 Comprehensive Plan Update: Professional Services Agreement RESOLUTION NO. 2017 -16 A resolution of the City Council for the City of Columbia Heights, Minnesota, Whereas, the Metropolitan Council (Met Council) has been the regional policy- making body, planning agency, and provider of essential services for the seven - county Twin Cities region for nearly 50 years, and; Whereas, a board appointed by the Governor guides the strategic growth of the metro area, adhering to the council's mission of fostering efficient growth for a prosperous region, and; Whereas, in an effort to establish uniform regional governance of housing, transportation, and utility infrastructure, the Metropolitan Council requires each unit of local government within its jurisdiction to maintain a Comprehensive Plan, and; Whereas, Comprehensive Plans must be updated and reapproved by the Metropolitan Council every ten years, with the next approval deadline being December 31, 2018, and; Whereas, the City of Columbia Heights is required to adhere to regional Comprehensive Plan standards and requirements, and; Whereas, the City of Columbia Heights has selected Hoisington Koegler Group Inc. to provide professional services related to the 2018 Comprehensive Plan update. 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 approves the professional services agreement between the City of Columbia Heights and Hoisington Koegler group Inc. for the Columbia Heights Comprehensive Plan Project. Passed this 13th day of February, 2017 Offered by: Seconded by: Roll Call: Donna Schmitt, Mayor Attest: Katie Bruno, City Clerk /Council Secretary 95 AN AGREEMENT BETWEEN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA AND HOISINGTON KOEGLER GROUP INC. FOR THE COLUMBIA HEIGHTS COMPREHENSIVE PLAN PROJECT This contract outlines a Scope of Services, Fee Schedule and other elements which together constitute an agreement between the City of Columbia Heights, Minnesota, 590 40`h Avenue NE, Columbia Heights, MN 55421 hereinafter referred to as the CLIENT, and Hoisington Koegler Group Inc., 123 North 3`a Street, Suite 100, Minneapolis, MN 55401, hereinafter referred to as the CONSULTANT for professional services related to preparing the update of the Columbia Heights Comprehensive Plan, hereinafter referred to as the PROJECT. The CLIENT and CONSULTANT agree as set forth below: A. BASIC SERVICES The CONSULTANT will work with City staff to update the Columbia Heights Comprehensive Plan. The CONSULTANT'S basic services for the PROJECT areas provided in Attachment A - Scope of Work. B. ADDITIONAL SERVICES The CONSULTANT and the CLIENT may agree in writing to amend this Contract for additional services related to the PROJECT and compensation for such services. The following services have not been requested by the CLIENT but are available upon written authorization. 1. Meetings in addition to those specified in Attachment A. 2. Services or Deliverables not specifically identified in Attachment A. D. SUB - CONSULTANTS The following sub- consultants will provide services for the project under separate agreement with the CONSULTANT: SRF Consulting Group, Inc. No other sub consultants will provide services under this contract without the written permission of the CLIENT. All sub - consultants shall be subject to the provisions of this agreement as set forth in provisions E thru 0. C. FEES FOR PROFESSIONAL SERVICES The CONSULTANT agrees to complete the scope of work contained in Paragraph and Attachment A in exchange for professional fee compensation as noted below. The CLIENT agrees to pay the CONSULTANT for PROJECT services rendered as follows: 96 Agreement - Columbia Heights Comprehensive Plan Updale February 13, 2017 Page 2 1. For the CONSULTANT'S Basic Services described in Paragraph A above and Attachment A, a fee based on the CONSULTANT'S current hourly rate schedule (see Attachment B) not -to- exceed $49,400 including reimbursable expenses. 2. For the CONSULTANT'S Additional Services described in Paragraph B, a fee based on the CONSULTANT'S current hourly rate schedule plus incidental expenses or a negotiated fee. 3. Invoices will be submitted electronically (PDF form) to the CLIENT on a monthly basis as work is completed and shall be payable within 30 days in accordance with this Agreement. 4. The CONSULTANT reserves the right to suspend services if the CLIENT is delinquent in making payments in accordance with this Agreement. D. CLIENT'S RESPONSIBILITY The CLIENT shall be responsible for the following: Assembly of background information including, but not limited to digital copies of all files, pertinent plans, aerial photographs, base maps, inventory data, available GIS mapping, limited to those that are reasonably available. 2. Arrangements and notification for public meetings. 3. Reproduction and distribution of Project reports. 4. Items noted in Attachment A as Columbia Heights Staff Responsibilities. E. INSURANCE CONSULTANT and SRF Consulting Group, Inc. shall maintain insurance of the kind and in the amounts shown below for the life of the contract. Certificates for General Liability Insurance should state that the CLIENT, its officials, employees, agents and representatives are Additional Insureds. The CLIENT reserves the right to review CONSULTANT's or SRF Consulting Group, Inc.'s insurance policies at any time to verify that contractual requirements have been met. 1. Commercial General Liability Insurance $2,000,000 per occurrence $3,000,000 general aggregate $300,000 damage to rented premises $15,000 medical expenses 2. Umbrella Liability $1,000,000 per occurrence $1,000,000 general aggregate $10,000 self - insured retention 97 Agreement - Cohnnbia Heights Comprehensive Plan Update Febmaty 13, 2017 Page 3 3. Worker's Compensation and Employer's Liability a. Worker's Compensation per Minnesota Statutes b. Employer's Liability $500,000 per accident; $500,000 per employee; $500,000 per disease policy limit. 4. Professional Liability insurance $2,000,000 per claim $2,000,000 annual aggregate F. COMPLETION SCHEDULE The services of the CONSULTANT will begin upon CLIENT approval and will, absent of causes beyond the control of the CONSULTANT, be completed by June 30, 2018. G. NONDISCRIMINATION The CONSULTANT agrees not to discriminate by reason of age, race, religion, color, sex, national origin, or handicap unrelated to the duties of a position, of applicants for employment or employees as to terms of employment, promotion, demotion or transfer, recruitment, layoff or termination, compensation, selection for training, or participation in recreational and educational activities. H. EQUAL OPPORTUNITY During the performance of this Contract, the CONSULTANT, in compliance with Executive Order 11246, as amended by Executive Order 11375 and Department of Labor regulations 41 CFR Part 60, shall not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The CONSULTANT shall take affirmative action to insure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONSULTANT shall post in conspicuous places available to employees and applicants for employment notices to be provided by the Government setting forth the provisions of this nondiscrimination clause. The CONSULTANT shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. The CONSULTANT shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its sub - consultants for such work to incorporate such requirements in all subcontracts for program work. I. INDEMNIFICATION 98 Agreement - Columbia Heights Comprehensive Plan Update February 13, 2017 Page 4 CLIENT and CONSULTANT agree to indemnify and hold the other harmless, and their respective officers, employees, agents, and representatives, from and against liability for all claims, losses, damages, and expenses, including reasonable attorney's fees, to the extent such claims, losses, damages or expenses are caused by the indemnifying party's negligent acts, errors, or omissions. In the event claims, losses, damages or expenses are caused by the joint or concurrent negligence of the CLIENT and CONSULTANT, they shall be borne by each party in proportion to its negligence. J. TERM, TERMINATION, SUCCESSORS AND /OR ASSIGNS 1. The Term of this Agreement shall be concurrent with the work authorized and shall be in accordance with the schedule to be established between the CLIENT and the CONSULTANT. 2. Either party may terminate this Agreement by written notice to the other party at its address by certified mail at least ten (10) days prior to the date of termination. 3. Neither the CLIENT nor the CONSULTANT shall assign, sublet or transfer its interest in this Agreement without the written consent of the other. 4. The time schedule shall not apply and /or time extensions will be allowed for any circumstances beyond the control of the CONSULTANT. 5. This Agreement shall be governed by all applicable laws. 6. Upon termination, Consultant shall be entitled to fees earned through the effective date of termination. K. DISPUTES In the event the CLIENT and CONSULTANT are unable to reach agreement under the terms of this contract, disputes shall be submitted to mediation prior to either party commencing suit regarding same. L. REVOCATION If this agreement is not signed and accepted by both parties within 40 days of the contract date, it shall become null and void. M. DATA PRACTICES All data collected, created, received, maintained, or disseminated for any purposes by the activities of Consultant because of this contract is governed by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as amended, the Minnesota Rules implementing such act now in force or as adopted, as well as federal regulations on data privacy. 99 Agreement - Columbia Heights Comprehensive Plan Update February 13, 2017 Page 5 Trade Secrets: Assuming that the material that the organization would supply is not just proprietary, but also constitutes a trade secret under the Uniform Trade Secrets Act definition, it could be protected under Minn. Stat, Section 13.37 subd. 1(b) and subd. 2. The MGDPA definition of "trade secret information" tracks the language of the UTSA, and thus includes "government data, including a formula, pattern, compilation, program, device, method, technique or process (1) that was supplied by the affected individual or organization, (2) that is the subject of efforts by the individual or organization that are reasonable under the circumstances to maintain its secrecy, and (3) that derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use." If it meets this definition, then subd. 2 makes it nonpublic data with regard to data not on individuals, and private data with regard to data on individuals. Beyond the protections of this provision, it would be difficult for a city to keep a promise of confidentiality. N. RECORDS - AVAILABILITY AND RETENTION The Consultant agrees that the City or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the Consultant and invoice transactions relating to this Agreement. Consultant agrees to maintain these records for a period of three (3) years from the date of termination of this Agreement. O. MERGER AND MODIFICATION It is understood and agreed that the entire Agreement between the parties is contained here and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any material alterations, variations, modifications, or waivers of provisions of this Agreement shall be valid only when they have been reduced to writing as an amendment and signed by the parties. P. AUTHORIZATION IN WITNESS WHEREOF, The CLIENT and the CONSULTANT have made and executed this Agreement for Professional Services, This 1P day of February, 2017 CLIENT: 9 I, City of Columbia Heights, Minnesota Signature Printed name Signature Printed name CONSULTANT: Hoisington Koegler Group Inc. Name: R. Mark Koegler Agreement - Columbia Heights Comprehensive Plan Update Febmaty 13, 2017 Page 6 Title Title Title: CEO ffel Columbia Heights Comprehensive Plan Update Attachment A — Scope of Work TASK 1- ORGANIZE THE EFFORT The initial task involves the start-up efforts for the comprehensive plan update process. This task will include orienting the project team and staff to the project objectives, issues, and opportunities as well as provide an understanding and expectation for key project communications and a plan for community engagement. Key sub -tasks include the following: 1.1 Kick -off Meetings The HKGi team will facilitate a 3 hour workshop with key City Staff to officially kick -off the project. The following items will be part of the kick -off event: • Issues and opportunities discussion. • Review and establishment of detailed project schedule and milestones. • Brainstorming and staff input into the community engagement process and plan. • Review and establishment of communication process for information gathering and coordination /communication with relevant advisory boards and commissions and the City Council. • Gathering of relevant background studies, reports, policies, ordinances, mapping data, and other relevant data sets. • Tour of the community focusing on areas of change but also demonstrations of community successes. The HKGi team will also facilitate a kick -off meeting with the City Council, Planning Commission and Review Committee. Only a portion of the current members of the City Council and Planning Commission were involved in prior Columbia Heights' comprehensive plans. That same level of experience is also likely among the Review Committee members. Accordingly, an initial kick -off meeting will be held to review "Columbia Heights Comprehensive Planning 101 ". The session will be designed to provide an orientation to comprehensive planning in general with a specific focus on Columbia Heights' current plan as well as the update. The session will include a review of the current plan, required comprehensive plan contents, the Thrive 2040 initiative, Columbia Heights' System Statement, the schedule for the update process and other pertinent information. 1.2 Collect Mapping Data Collect GIS and CAD based mapping and data sets from all relevant sources (City staff and GIS consultant). 1.3 Assemble Project Base Baps This will include basic parcel data, roadway network, planning and zoning, park system, trail network, infrastructure systems, neighborhood districts (if any), tax increment or redevelopment district boundaries, and natural resource information. We will prepare a set of base maps that will be used over the course of the project. 1.4 Prepare Community Engagement Plan We will prepare a detailed community engagement plan that: 102 Attachment A Final Scope of Work - Columbia Heights Comprehensive Plan Update February 13, 2017 Page 2 • Utilizes effective communication tools accessible to a broad and diverse audience. • Engages community leaders and underserved populations. • Ensures the community outreach strategies align with the sequence of project tasks, including key decision points, so that input gathered can meaningfully inform the work products that are developed. • Includes community -based events and activities in locales where Columbia Heights' residents and businesspersons typically gather, including community festivals like the Lion's Club Jamboree and Carnival, Taste of Columbia Heights, and the Heights Art Fest. • Includes faith communities in Columbia Heights and other groups to help identify and reach various project constituencies. • Incorporates online community engagement platforms including, but not limited to, email broadcasts, project website, and cable N. The community engagement plan will include a detailed schedule and will be maintained and adjusted as needed over the course of the project. A summary of community input will be continually assembled creating a detailed accounting of engagement activities and results throughout the planning process. 1.5 Establish Document Format HKGi will work with City Staff to outline a new format for the Comprehensive Plan update. The new plan will need to be far more interesting and user friendly than the current plan and it will be designed to be viewed in both paper and electronic formats. Accordingly, the document will include frequent links to related content and background material to allow readers to get more information on specific components of the plan if they desire. 1.6 Project Management and Coordination At the completion of this task, HKGi's project manager will conduct a review of the completed task with the City's project manager to confirm the task deliverables and to confirm schedule for the next task. 1.7 Review Committee Meeting Meet with the Review Committee to present the outcomes of Task 1 and to receive feedback. Task 1 — HKGi Project Team Deliverables: • Detailed project schedule and key milestones. Agenda and meeting summary notes. Project base mapping. e Community Engagement Plan. New plan format template. Task 1— Columbia Heights Staff Responsibilities: Coordinate all Review Committee, City Council, Parks and Recreation Commission and Planning Commission meetings throughout the project including all meeting announcements, meeting locations, meeting minutes, required printing for meeting packets, and electronic distribution of all review materials. Provide copies (digital and/or paper) of all relative studies, surveys and other documents that are required to support the planning process. 103 Attachment A Final Scope of Work - Columbia Heights Comprehensive Plan Update February 13, 2017 Page 3 • Provide GIS base information. • Coordination of kick -off activities including meeting space and leading the community tour. • Design and establish project website page. • Posting and responses to all usage of social media throughout the project. • Summaries of key input and information from social media throughout the project. TASK 2 - UNDERSTAND THE CONTEXT Task 2 is focused on researching, analyzing, and communicating the local and regional context that may affect Columbia Heights over the planning horizon. This will include a physical analysis of the community as well as a policy analysis. In this task, we will fully review the regional policy plans and Metropolitan System Statement to ensure that we address all requirements of the land planning act. More importantly will be an analysis of the Columbia Heights community with an eye towards where change may occur or where change should occur. The following key subtasks are included in Task 2. 2.1 Evaluate the Current Plan As part of the effort to understand the aspects of the existing Comprehensive Plan that need to be updated and enhanced, HKG1 will collaborate with City Staff to conduct a Comprehensive Plan audit. The audit will explore and summarize the strengths and weaknesses of the current Plan. The purpose of the Comprehensive Plan audit is to: • Understand the characteristics of the Plan that have made it a useful tool. • Determine the elements of the Plan that have not worked as well as expected. • Identify plan elements and policies that continue to be relevant and effective. • Obtain guidance on desired changes to the Plan. 2.2 Evaluate Other Plans and Studies This will include both regional and local policy plans and studies that will affect Columbia Heights. Included in this task will be an update of existing demographic data and a look at how changing demographics might affect Columbia Heights. 2.3 Analyze Existing Land Use and Change /Opportunity Areas We will evaluate existing land use using parcel data. We will work with staff to establish key redevelopment indicators and systematically apply those indicators using GIS to identify areas where future change might be likely. 2.4 Prepare Economic /Employment /Market Profile The HKGi team will assemble a general profile of economic, employment and market conditions in Columbia Heights focusing on major area employers, employment trends and economic trends and forecasts. The profile will have a specific focus on the future market potential for commercial development along University and Central Avenues. Market information will be used to help guide land use designations and recommendations for corridor improvements. 2.5 Identify Emerging Transportation Needs and System Constraints The project team will explore how some of today's emerging transportation needs can be integrated throughout the plan as well as the impacts of policies and constraints posed by other agencies (Anoka 104 Attachment A Final Scope of Work - Columbia Heights Comprehensive Plan Update Februaiy 13, 2017 Page 4 County and MnDOT). The purpose of this exercise is to recognize the growing changes in the transportation sector, while setting the stage for a transportation system that truly reflects Columbia Heights' long -term vision. We will help discover how the community's vision embraces non- vehicular modes of travel (bike /pedestrian), innovative technologies (autonomous vehicles), travel demand management strategies (transit and telecommuting), sharing economies (Uber and Lyft), Complete Streets, and system preservation techniques. Findings will help create a plan that is adaptable to emerging transportation needs while informing future transportation investments. 2.6 Prepare Background Report We will document findings in a format that follows the plan format template established in Task 1. Key information from this report will be extracted to be used in a PowerPoint presentation for use in subsequent engagement tasks. 2.7 Staff Workshop We will conduct one staff workshop in a charrette -like environment. At that workshop we will review initial findings and brainstorm potential redevelopment areas and strategic actions that might be carried forward in the Comprehensive Plan. 2.8 Review Committee Meeting Meet with the Review Committee to present the outcomes of Task 2 and to receive feedback and direction. 2.9 Project Management and Coordination At the completion of this task, HKGi's project manager will conduct a review of the completed task with the City's project manager to confirm the task deliverables and to confirm schedule for the next task. Task 2 — HKGi Project Team Deliverables: Background report that documents existing conditions, plan directions, issues, and opportunities. Maps and datasets highlighting change and opportunity areas. e Summaries of the staff workshop. Task 2 — Columbia Heights Staff Responsibilities: t Participation in the evaluation of current plan. TASK 3 - ENGAGEMENT PHASE I - UNDERSTAND WHAT IS DESIRED Task 3 is the first significant part of the community engagement process. Phase I of the community engagement effort will have two primary purposes. First, we will use it to communicate the project to the community: the "what ", "why ", and "how" of the Comprehensive Plan update. Secondly, we will use this phase to test and validate or refine the goals and policies in the current plan. The exact approach and means of engagement will be defined in the community engagement plan prepared as part of Task 1. As part of this task, the consultant team will facilitate online engagement and in- person, face to face engagement, Key subtasks will likely include: 3.1 Prepare Engagement Materials 105 Attachment A Final Scope of Work - Cohrmbia Heights Comprehensive Plan Update Februaty 13, 2017 Page S Engagement materials will include presentation slides, boards, survey mechanisms, press releases and invitations. Information will be prepared for online engagement resources and in- person meetings. 3.2 Preparation of Online Platform Materials Online engagement materials will be provided to City Staff for posting on the project website. 3.3 Facilitation of In- person Engagement Process To be established in the engagement plan — up to 3 targeted focus group sessions. 3.4 Summary and Recap of Engagement Prepare a memorandum summarizing the Phase 1 community engagement. 3.5 Project Management and Communications At the completion of this task, HKGi's project manager will conduct a review of the completed task with the City's project manager to confirm the task deliverables and to confirm schedule for the next task. Task 3 — HKGi Project Team Deliverables: • Engagement materials. • Facilitation of meetings. • Summary report of outcomes (PowerPoint slides and report in plan report template to be appended to community engagement plan). Task 3 — Columbia Heights Staff Responsibilities: • Securing space and making arrangements for all community engagement sessions throughout the project. TASK 4 - EXPLORE THE POSSIBILITIES This step in the planning process builds on the information produced in the previous tasks. The understanding of what exists and the identification of issues sets directions for the future. In this part of the process, HKGi will work with the City to define options for future growth, development and redevelopment, (in particular along the University and Central Avenue corridors), open space systems and community connectivity. These options will contain the details needed to address the issues and evaluate the implications of each option while exploring land use, housing, economic development, sustainability, active living and open space options and developing supporting plan elements and policy directions. 4.1 Conduct Staff Meeting Meet with Staff to discuss community input and identify focus area directions and opportunities. 4.2 Prepare Preliminary Concept Alternatives and Approaches Building off of what was learned through the process to date, HKGi staff will develop a series of broad system diagrams (city wide) and more refined set of sketches and vignettes for focus areas and major commercial corridors. These sketches and vignettes will articulate possible directions and applications of the goals and policies as well as best management practices and policies. fm Attachment .4 Final Scope of Work - Columbia Heights Comprehensive Plan Update February 13, 2017 Page 6 4.3 Conduct Full -day Design Workshop /Charrette This workshop /charrette will be with City Staff to refine, evaluate and agree on preferred options emerging from task 4.2. 4.4 Quantify Impacts on 2040 Population, Household, Employment and Development Projections This task will rely on Metropolitan Council population, employment and household projections as a basis. An evaluation of future opportunities for development /redevelopment will provide a check for the projections. 4.5 Prepare Summary of the Preferred Options for Focus Areas /Commercial Corridors /Key Issues This summary will be prepared in a manner that will serve as content for the updated Comprehensive Plan. 4.6 Review Committee Meeting Meet with the Review Committee to present the outcomes of Task 4 and to receive feedback and direction. 4.7 Conduct Meeting with the Planning Commission This meeting will be to provide an update to the Planning Commission on project directions and status. 4.8 Conduct Meeting with the City Council This meeting will provide an update to the City Council on project directions and status. Materials for this meeting can also be used as appropriate to provide information for other boards and commissions. 4.9 Project Management and Coordination At the completion of this task, HKGi's project manager will conduct a review of the completed task with the City's project manager to confirm the task deliverables and to confirm schedule for the next task Task 4 — HKGi Project Team Deliverables: Agendas and presentation materials and summaries for all meetings. Facilitation of design workshop /charrette. Summary of options and preferred direction for focus areas, commercial corridors and key issues. Task 4 — Columbia Heights Staff Responsibilities: 4L Participation in workshop /charrette. TASK 5 - UPDATE THE PLAN ELEMENTS HKGi will use the information gained during the previous tasks to update the various sections of the Comprehensive Plan document. In addition, HKGi will coordinate with the Public Works Department to ensure that the updates anticipated for the water resources section of the plan are aligned with the rest of the Comprehensive Plan chapters. The result of Task 5 will be a first draft Comprehensive Plan suitable for review by staff and elected and appointed officials. Subtasks include: 107 Attachment A Final Scope of KDrk - Cohimbia Heights Comprehensive Plan Update February 13, 2017 Page 7 5.1 Prepare Draft #1 of the Plan As identified in the RFP, the Comprehensive Plan will include the following chapters: • Section 1: Executive Summary and Background —After the other sections of the plan have been compiled, the HKGi team will prepare a draft executive summary for inclusion in the document as part of the up -front background and overview. • Section 2: Land Use - Using the information from prior tasks, the HKGi team will prepare the updated Land Use chapter. This will be accomplished through an iterative approach working collaboratively with City Staff, and through workshops with the Review Committee, Planning Commission and City Council. We envision two workshops with City Staff and one workshop each with the Review Committee, Planning Commission and City Council during this task. Since the Land Use chapter is likely to contain information focused on the University and Central Avenue corridors, it is particularly important to get concurrence from the Planning Commission and City Council at this stage in the update process. Ultimately, this task will result in a draft land use plan, development projections (housing and commercial), and a phasing /sequencing plan, particularly for change areas such as major commercial corridors. The plan will be developed using baseline GIS data. Land uses will be generally categorized consistent with the current land use categories of the comprehensive plan and will be prepared consistent with Metropolitan Council requirements. • Section 3 — Housing - HKGi will prepare the housing chapter to address existing and projected housing needs. Information from the Land Use chapter will inform the specific update of this chapter. The housing chapter will analyze existing housing data, assess housing needs, discuss the City's ongoing role in housing, and identify local and regional resources to accomplish housing objectives. It will have a specific focus on maintaining housing quality throughout the City. Updated goals and policies and action steps will be integrated into the housing section of the plan as well. • Section 4 — Transportation - The transportation element of the Comprehensive Plan will be updated in a manner that blends together all modes of transportation into one unified system. The plan will include a pedestrian and trail gap analysis to identify broken links in the pedestrian /bicycle network that limits connections between neighborhoods, parks, jobs centers, commercial areas, schools and key destinations. The future roadway network will also be evaluated from a complete streets perspective to determine opportunities for addressing any gaps in the pedestrian /bicycle network. Section 5 — Economic Competitiveness - HKGi will work with City Staff to craft a strategic approach to economic development and economic competitiveness. The HKGi project team will facilitate one work session with City Staff to specifically discuss economic development and competitiveness. Preparations for the planning session will include assembly of best practices from similar communities, a summary of Columbia Heights' economic competitiveness in the region and metro area (including strengths, weaknesses, employment /industry concentrations, demographics and market strengths, etc.), and an overview of how economic development is interconnected to all aspects of comprehensive planning (land use, parks, trails, roads, 108 A11achmenl A Final Scope of Work - Columbia Heights Comprehensive Plan Update Fehruaty 13, 2017 Page 8 infrastructure, etc.). The Economic Competitiveness section of the plan will include the results of this effort. • Section 6 — Parks and Trails — The parks and trails section of the plan will include recent park improvements, needed future improvements, and it will emphasize connectivity through enhanced pedestrian and bike connections. • Section 7 — Water Resources —The water resources section of the plan will be prepared under a separate contract under the direction of the Public Works Department. The outcome of that effort will be incorporated into the Comprehensive Plan draft. • Section 8 — Resilience — Resilience is an optional element of Comprehensive Plans under the Metropolitan Council's framework. HKGi will work with City Staff to define the content and depth of the inclusion of resilience in the plan. Minimally, the plan will address Columbia Height's participation in the Minnesota GreenStep program (currently Step 2) and methods to elevate the community's status in the program. + Section 9 — Implementation — In order to create a "road map" to guide implementation, this section of the plan will clearly articulate strategies that create partnerships for implementing, monitoring and assessing plan directives. Strategies will address intergovernmental cooperation; private sector and non - profit sector initiatives; neighborhood organization initiatives; tools and mechanisms for financing and funding services and projects; a public facilities plan that informs the Capital Improvement Plan; and recommendations for zoning and other land development regulations and related community policies and guidelines such as design standards, complete streets, etc. The implementation section will also include general zoning and regulatory recommendations that will bring the new Comprehensive Plan and Columbia Heights' Zoning Ordinance into compliance. 5.2 Review Draft Elements with Staff During Task 5, three meetings with City Staff are planned to review draft plan elements prior to assembling the plan for subsequent review. 5.3 Make Revisions to Draft Elements One set of revisions will be made to the draft plan elements based on staff comments. 5.46 Present Plan Sections in Draft Form to the Review Committee Task 5 includes four study meetings with the Review Committee to review the draft document and to provide hands -on feedback. Detailed agendas will be established by HKGi prior to the meetings. 5.5 Present Plan Sections in Draft Form to the Planning Commission Task 5 includes one study meeting with the Planning Commission to review the draft document. Detailed agendas will be established by HKGi prior to the meeting. 5.6 Present Parks and Trails Section in Draft Form to the Parks and Recreation Commission Task 5 includes one study meeting with the Parks and Recreation Commission to review the draft document. Detailed agendas will be established by HKGi prior to the meeting. 5.7 Present Plan Sections in Draft Form to the City Council 109 Attachment A Final Scope of Jf`ork - Columbia Heights Comprehensive Plan Update February 13, 2017 Page 9 Task 5 includes one study meeting with the City Council to review the draft document. Detailed agendas will be established by HKGi prior to the meeting. Plan summaries will be made available for review by other advisory commissions. 5.8 Project Management and Coordination At the completion of this task, HKGi's project manager will conduct a review of the completed task with the City's project manager to confirm the task deliverables and to confirm schedule for the next task. Task 5 Deliverables: • Agendas and presentation materials for all review meetings • One digital and one original copy of draft Plan • PowerPoint presentation summary of the draft Plan Task 5 — Columbia Heights Staff Responsibilities: • Review of all draft materials. TASK 6 - ENGAGEMENT PHASE 2 - CONSULT AND COLLABORATE Once we have completed Tasks 4 and 5, Phase 2 of the community engagement process will commence. At this point in the process, we will have completed an initial draft of the Comprehensive Plan document. The objective of Phase 2 community engagement is to present potential changes to the Comprehensive Plan. Key steps in this process will follow the stakeholder engagement plan outlined in Task 1. Key sub -tasks include: 6.1 Update Online Materials Provide materials to City staff to update the project website or online presence including schedule, communication, and survey data (for review of the draft plan). 6.2 Prepare Project Update Summary Prepare project update summary materials in written form for use by City staff in newsletters, email blasts and /or media releases. 6.3 Facilitation of In- person Engagement Process To be established in the engagement plan — community open house and up to 3 targeted focus group sessions. 6.4 Summary and Recap of Engagement Prepare a memorandum summarizing the Phase 2 community engagement. 6.5 Project Management and Coordination At the completion of this task, HKGYs project manager will conduct a review of the completed task with the City's project manager to confirm the task deliverables and to confirm schedule for the next task Task 6 Deliverables: Me Attachmem A Final Scope of Work - Columbia Heights Comprehensive Plan Update February 13, 2017 Page 10 • Engagement /Presentation materials. • Facilitation of meetings. • Summary report of outcomes (PowerPoint slides and report in plan report template to be appended to community engagement plan). TASK 7 - ASSEMBLE THE FINAL PLAN AND SEEK APPROVALS (ENGAGEMENT PHASE 3) The HKG1 team will refine the Columbia Heights Comprehensive Plan based on input from the community, the staff review, and input from the Review Committee, Planning Commission and City Council to create a final draft of the document. The revised Comprehensive Plan will include updates to the existing chapters of the plan as outlined in the RFP. Having completed the final draft of the Comprehensive Plan, HKGi will facilitate Phase 3 of the community engagement plan and undertake a formal review and approval process with the Planning Commission and the City Council. Subtasks include: 7.1 Assemble Final Draft Comprehensive Plan This task includes a summary presentation and posting of the draft online for public comment. 7.2 Review Commission Meeting Present the Plan to the Review Commission: one meeting. 7.3 Planning Commission Public Hearing Conduct Planning Commission Public Hearing. HKGi will facilitate the formal public hearing in front of the Planning Commission: one meeting. 7.4 City Council Meeting /Public Hearing Conduct City Council Meeting /Public Hearing. This task will include the presentation of the final draft plan to the City Council to authorize distribution of the Comprehensive Plan: one meeting. 7.5 Project Management and Coordination At the completion of this task, HKGi's project manager will conduct a review of the completed task with the City's project manager to confirm the task deliverables and to confirm schedule for the next task Task 7 — HKGi Project Team Deliverables: One digital and one original copy of the Final Draft of the Comprehensive Plan and Technical Documentation Executive summary designed for public communication Participation in Planning Commission public hearing and City Council meeting /hearing review TASK 8 - PREPARE PLAID FOR DISTRIBUTION AND AGENCY APPROVALS The Metropolitan Land Planning Act requires plans to be submitted through a formal process. This task entails fulfilling those requirements. Subtasks include: 8.1 Assemble final Comprehensive Plan, and Appendices Prepare electronic version of final (Draft) Comprehensive Plan. In Attachment A Final Scope of Work - Columbia Heights Comprehensive Plan Update Febmary 13, 2017 Page 11 8.2 Review by Adjacent and Affected Jurisdictions Provide materials to City Staff for required review. 8.3 Online Submittal Complete Submittal Forms for Metropolitan Council through online portal. 8.4 Address Comments and Prepare Final Plan The formal review process may result in comments from the Metropolitan Council. HKGi will work with staff to prepare required responses to those comments and make one set of revisions based on agency comments. Task 8 — HKGi Project Team Deliverables: Final Comprehensive Plan and Appendices (20 copies after Metropolitan Council review) Complete Submittal Forms for use by City Staff in submitting the Plan through on -line portal for Metropolitan Council review. All project files in digital form. Task 8 — Columbia Heights Staff Responsibilities: • Submission of Comprehensive Plan draft and any supporting materials to adjacent and affected jurisdictions for review. • Submittal of the updated Comprehensive Plan through the on -line portal for Metropolitan Council review. 112 ATTACHMENT B HOISINGTON KOEGLER GROUP INC. 2017 - 2018 HOURLY RATES Principal ....................... ............................... $170- 225/hr Associate ...................... ............................... $115- 165/hr Senior Professional ....... ............................... $90- 165/hr Professional II ................. ............................... $80- 105 /hr Professional I ................... ............................... $50 -85 /hr Technical......................... ............................... $40 -65 /hr Secretarial............................. ............................... $60 /hr Litigation Services ............... ............................... $200 /hr Testimony............................ ............................... $285 /hr Incidental Expenses: Mileage .... ............................... current federal rate /mile Photocopying BW ................. ............................15C /page Photocopying Color ........ ............................... $1.00 /page Outside Printing ............. ............................... Actual Cost Large Format Scanning .. ............................... Actual Cost B/W Bond Plots .................... ..........................$5.00 each Color Bond Plots .................. .........................$20.00 each Photo Paper Color Plots ...... .........................$40.00 each 113 COLUMBIA AGENDA SECTION CONSENT ITEM NO. 7M MEETING DATE FEBRUARY 13, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Ap prove Transfer of PSB Range Rental Fees DEPARTMENT: Police CITY MANAGER'S APPROVAL: ` BY /DATE: Scott Nadeau /February 6, 2017 ] BY /DATE: -� BACKGROUND: The Columbia Heights Police Department leases out use of the gun range at the Public Safety Building to various other law enforcement agencies including the Brooklyn Center, Robbinsdale and Crystal Police Departments, In 2017, the department received $10,560 in range rental fees. These amounts were deposited into the city's General Government Rents account. In previous years range rental fees have been reassigned for department training and range maintenance. The Police Department requests that these funds be transferred to its regular budget, line item 3105, to be used for training purposes. In 2017, the CHPD is going to be seeing expenses for training that had not been anticipated at budget time. These trainings include expenses for: • Training all officers in Crisis Intervention Team (CIT) /Mental Health Response training. Because this increasingly - important training provides for de- escalation skills necessary for addressing real world situations encountered by patrol, the decision was made to escalate the rate at which officers were being scheduled to attend. Several officers were trained in CIT by 2016, and the remainder of the department is being sent to this one -week course at various times in 2017. By mid -year, the entire patrol staff will have completed the training. The cost for one officer to attend the course is $625. • Training in the use of the Less Lethal Shotgun. The CHPD has begun outfitting some of its squad cars with less - lethal shotguns, and officers must be trained in the use of that firearm. The less- lethal shotgun gives officers another tool in dealing with situations that might otherwise require the use of deadly force. We are contracting with Alexandria Technical. College in the amount of $1,200 to training several of our officers in this function. • County -wide Crowd Control: Law Enforcement agencies in Anoka County are collaborating on training and equipping a team of officers who have the ability to work together in crowd control should this be necessary. At present there is no agency in Anoka County that has the resources or training to handle an event such as a large protest. This team would be comprised of several officers from each agency in Anoka County. Up to eight officers from CHPD will be trained for this purpose. Training and outfitting costs are yet to be determined. STAFF RECOMMENDATION: Based on the above, staff is recommending that the $10,560 collected in range rental be transferred to Police Department line item 3105 for Training. RECOMMENDED MOTION(S): Motion: Move to transfer $10,560 received in Public Safety Building Range rental fees be transferred to the Police Department budget line item 3105 for Training. ATTACHMENTS: none 114 -, -. -_: I I _--- 4- . --4: -- -4z ,..n --- ran t =l FPPQ a COLUMBIA -HEIGHTS- AGENDA SECTION CONSENT ITEM NO. 7N MEETING DATE FEBRUARY 13, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Approve Gambling Permits, Immaculate Conception Church DEPARTMENT: Police CITY MANAGER'S APPROVAL: �. BY /DATE: Scott Nadeau /February 2, 2017 BY /DATE: .77 BACKGROUND: Immaculate Conception Church, 4030 Jackson Street NE, has submitted two requests for gambling permits. One is for a Spring Bingo and raffle event to be held on March 19, 2017. The other is for their annual Fun Fest scheduled for August 4, 5 and 6, 2017. That event includes bingo, pull tabs and a raffle. STAFF RECOMMENDATION: Since the organization satisfies the City Council resolution regarding one -time charitable gambling and has paid the $25 permit fee for each of these permits, the following actions are recommended. RECOMMENDED MOTION(S): MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a gambling permit for Immaculate Conception Church to conduct bingo and a raffle at their event being held March 19, 2017 at 4030 Jackson Street NE, Columbia Heights; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty -day notice to the local governing body. MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a gambling permit for Immaculate Conception Church to conduct bingo, pull tabs and a raffle at their Fun Fest event being held August 4 -6, 2017 at 4030 Jackson Street NE, Columbia Heights; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty -day notice to the local governing body. ATTACHMENTS: Gambling permit applications Certificate of Exemption Letter from Archdiocese 115 MINNESOTA LAWFUL GAMBLING LG220 Application for Exempt Permit 12/16 116 An exempt permit may be issued to a nonprofit Application Fee (non - refundable) organization that: • conducts lawful gambling on five or fewer days, and Applications are processed in the order received, If the application • awards less than $50,000 in prizes during a calendar is postmarked or received 30 days or more before the event, the year. application fee is $100; otherwise the fee is $150. If total raffle prize value for the calendar year will be Due to the high volume of exempt applications, payment of $1,500 or less, contact the Licensing Specialist assigned to additional fees prior to 30 days before your event will not expedite your county by calling 651 - 539 -1900. service, nor are telephone requests for expedited service accepted. ORGANIZATION INFORMATION Organization The Church of the Immaculate Conception Previous Gambling Name: Permit Number: x- 01151 -16 -023 Minnesota Tax ID Federal Employer ID Number, if any: 8353667 _ Number (FEIN), if any: 41- 0703859 Mailing Address: 4030 Jackson St NE City: Columbia Heights State: MN Zip: 55421 County: Anoka Name of Chief Executive Officer (CEO): John J. Mitchell Daytime Phone: 763 - 788 -9062 Email: mitchell @immac- church org NONPROFIT STATUS Type of Nonprofit Organization (check one): = Fraternal �✓ Religious a Veterans Other Nonprofit Organization Attach a copy of one of the following showing proof of nonprofit status: (DO NOT attach a sales tax exempt status or federal employer ID number, as they are not proof of nonprofit status.) A current calendar year Certificate of Good Standing Don't have a copy? Obtain this certificate from: MN Secretary of State, Business Services Division Secretary of State website, phone numbers: 60 Empire Drive, Suite 100 www.sos.state.mn.us St. Paul, MN 55103 651 - 296 -2803, or toll free 1- 877 - 551 -6767 aIRS income tax exemption (501(c)) letter in your organization's name Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS toll free at 1- 877 - 829 -5500. IRS - Affiliate of national, statewide, or international parent nonprofit organization (charter) If your organization falls under a parent organization, attach copies of both of the following: 1. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling, and 2. the charter or letter from your parent organization recognizing your organization as a subordinate. GAMBLING PREMISES INFORMATION Name of premises where the gambling event will be conducted (for raffles, list the site where the drawing will take place): The Church of the Immaculate Conception Address (do not use P.O. box): 4030 Jackson St NE City or Township: Columbia Heights Zip: 55421 County: Anoka Date(s) of activity (for raffles, indicate the date of the drawing): March 19, 2017 (Raffle drawing March 19 2017) Check each type of gambling activity that your organization will conduct: Bingo Paddlewheels =Pull -Tabs = Tipboards F-DRaffie (total value of raffle prizes awarded for the calendar year, including this raffle: $$3100.00 ) Gambling equipment for bingo paper, bingo boards, raffle boards, paddlewheels, pull -tabs, and tipboards must be obtained from a distributor licensed by the Minnesota Gambling Control Board. EXCEPTION: Bingo hard cards and bingo ball selection devices may be borrowed from another organization authorized to conduct bingo. To find a licensed distributor, go to www.mn.gov /gcb and click on Distributors under List of Licensees, or call 651 - 539 -1900. 116 LG220 Application for Exempt Permit 12/16 Page 2 of 2 intnL Ur vumic barety; Attorney General; Commissioners of Administration, Minnesota LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT (required before submitting application to the All other information provided will be private data about your organization until the the Minnesota Gambling Control Board) be involved in lawful gambling activities In Minnesota. Your organization has the right to CITY APPROVAL COUNTY APPROVAL refuse to supply the information; however, if for a gambling premises for a gambling premises your organization refuses to supply this information, the Board may not be able to located within city limits located in a township determine your organization's qualifications and, =The application is acknowledged with no waiting period. The application is acknowledged with no waiting period. as a consequence, may refuse to issue a permit. If your organization supplies the information =The application is acknowledged with a 30 -day waiting The application is acknowledged with a 30 -day waiting requested, the Board will be able to process the period, and allows the Board to issue a permit after 30 days (60 days for a 1st class city). period, and allows the Board to issue a permit after This form will be made available in alternative format (i.e. large print, braille) upon request. =The application is denied. 30 days. The application is denied. Print City Name: Print County Name: Signature of City Personnel: Signature of County Personnel: Title: Date: Title: Date: TOWNSHIP (if required by the county) On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the township The city or county must sign before limits. (A township has no statutory authority to approve or submitting application to the deny an application, per Minn. Statutes, section 349.213.) Gambling Control Board. Print Township Name: Signature of Township Officer: Title: Date: CHIEF EXECUTIVE OFFICER'S SIGNATURE (required) The information provided in this application is complete and accurate to the best of my knowledge. I acknowledge that the financial report will be completed and returned to th_q oa d within 30 days of the event date. Chief Executive Officer's Signature: / Date: ✓Q atu /re must be CEO's signature; designee may not sign) °� �i fL AC f Print Name: - /'l f REQUIREMENTS MAIL APPLICATION AND ATTACHMENTS Complete a separate application for: Mail application with: • all gambling conducted on two or more consecutive days, or • all gambling conducted on one day. a copy of your proof of nonprofit status, and Only one application is required if one or more raffle drawings are application fee (non - refundable). If the application is conducted on the same day. postmarked or received 30 days or more before the event, the application fee is $100; otherwise the fee is $150. Financial report to be completed within 30 days after the Make check payable to State of Minnesota, gambling activity is done: A financial report form will be mailed with your permit. Complete To: Minnesota Gambling Control Board and return the financial report form to the Gambling Control 1711 West County Road B, Suite 300 South Board. Roseville, MN 55113 Your organization must keep all exempt records and reports for 3 -1 /2 years (Minn. Statutes, section 349.166, subd. 2(f)). Questions? Call the Licensing Section of the Gambling Control Board at 651- 539 -1900. Data Drivacv notice: The infnrmation rPnij —t—i rcmrl,, v - -- on this form (and any attachments) will be used by the Gambling Control Board (Board) to - - yf . � I — I = 0,lu address will be public information when received by Board. intnL Ur vumic barety; Attorney General; Commissioners of Administration, Minnesota determine your organization's qualifications to the All other information provided will be private data about your organization until the Management & Budget, and Revenue; Legislative Auditor, national and international gambling be involved in lawful gambling activities In Minnesota. Your organization has the right to Board issues the permit. When the Board issues the permit, all information provided will become regulatory agencies; anyone pursuant to court order; other individuals and agencies specifically refuse to supply the information; however, if public. If the Board does not issue a permit, all authorized by state or federal law to have access your organization refuses to supply this information, the Board may not be able to information provided remains private, with the exception of your organization's name and to the information; individuals and agencies for which law or legal order authorizes a new determine your organization's qualifications and, address which will remain public. Private data use or sharing of information after this notice was as a consequence, may refuse to issue a permit. If your organization supplies the information about your organization are available to Board members, Board staff whose work requires given; and anyone with your written consent. requested, the Board will be able to process the access to the information; Minnesota's Depart- This form will be made available in alternative format (i.e. large print, braille) upon request. An equal opportunity employer 117 Interr►ai Rm enun 5etvlca P. U. BOX 25W CincInnat4 014 452111 D,t,.. JUL 28:2009 United States Conference of Catiloric Bishops 32114" S sleet, ME Washington, DC. 20017 -1194 Dear Sir or Madam: Deparfinent of the Tmasury Person to Contact- Roger Meyer TDIF Free Teiephom Number: 877-829 -B5d0 Employer iderr[ificaifon Number. 5"196617 Group F- ternpHon Number: 0928 In a n.'ting dated March 25, 1946, vie held thatthe agencies and Instrumentalities and all educational, charitable and religious instflUtions operated, supervIsed, or cordrolied by or in connection VAh the Rewrote Catholic Church In the United Staters, Its territories or possesslons appearing in The OflicW C,sffioltc Dlnscloty 1946, are er'5&d to exemption fro m Federal inwma tax under the provisions of section 101(6) of fire Intemat Revenue Code of 1939, which corresponds to section 501(a){S) of ths 1986 Code. This ruling has been updated annually W cover the organizations added'to or&feted frnrn #tae Directory. The Ofalal Caliaollc DTrecr ryfor 2OW shows the narnes -and addresses of all agencies and Instrumentalities and 0 educational, obaritafala, and rei ilous Msftffons operated by the ftonran. CaffMio Church in the United States, its terrrtotfes and possessions in existence atthe time tfm Direcbory, Was published. It is understood that each of time is a nori- profrtorgarfmallon, that no pait of the rtet eamings thereof inures to tits bamft of any InclMdual, that no substantial part of their activi0es is forpromo#or, ofle&faiion, and that none are private foundations underseoffm 5W(a)of the Code. Based on ail information submitted, we conclude thatihs•agencies and inshurnentalities and educational, charitable, and rellgfous Institutions operatecL supervised, orcorrtrolted by or In connection with the Roman Cathoilc Church in the Untied States, Its territories orpossessions appearing In 77?e Oflk&l Caf Kit DlrectpryW 2009 are exemptfrom Federal boom taxtinder section 501(0)(3) Of the Code. Donors may deduct conbibuEions to the agencies, instrvmerria Wes anti Instrtuftns reWje,r fe ague, as provided by se-ciforr i 7o of -ihe Code. Bequests, tegacre devises, transfers, or gifts to iherrt or for their use are deducR'�-, for Fec3erat estate and gift tax PUTOses if they meet the applicable provisions Of sections W55,2106, and 2522 of the Code. Beginning January f, 1984, unless specfficaily excepted, you and your st.ibordinates mils! pay tax u er #tie Federal Insurance Ocatrit Aons Act (PICA) for each employee who is paid $1100 or more in a cafendar year, as Indexed for irrffatioR. You and yoursubord<nates are ndt UMW for the tax under the Federal Urea foyrrrent Tax Act (FUTA)_ 118 The cond'dFOM conreming the netentfon of your group exempfon as set forth In our prey%us determinascm Wer dated August 17, 1983, rernaTn fn full force and effect. SlnoereV, . W Cindy W Manager, Exempt Organizations • Determinations 119 `Jesus Christ is the same yesterday, today and forever. " Heb.13;a Ar-chdiocese of Saint Pate and Alinneapolis October 20, 2009 Reverend Thomas Kunnel, TOR Church of the Immaculate Conception 4030 Jackson Street NE Columbia Heights, MN 55421 -2929 Dear Father Kunnel: The Church of the Immaculate Conception of Columbia Heights, a Minnesota religious parish corporation, is a.tax exempt organization under the provisions of Section 501(c)(3) Of the Internal Revenue Code by reason of a Group Ruling issued to the United States Conference of Catholic Bishops by the Internal Revenue Service on July 28, 2009, which is the latest annual update in a series that began with the original determination of March 25, 1946. A copy of the 2009 Group Ruling is enclosed. The Group Exemption Number is 0928. The Group Ruling provides that any organizations listed in the Official Catholic Directory for 2009 as being an agency, instrumentality and educational, charitable and religious institutions operated, supervised or controlled by or in connection with the Roman. Catholic Church in the United States, are tax exempt. J The Church of the Immaculate Conception of Columbia Heights is listed in the Official Catholic Directory f6t 2009. A copy of the page from the directory showing that listing is enclosed. If you have any questions about the tax exempt status, please contact me. 'Shank you. Enclosures 120 MINNESOTA • REVENUE Certificate of Exemption S.T3 Purchaser: Complete this certificate and give it to the seller. Seller: If this certificate is not fully completed, you must charge sales tax. Keep this certificate as part of your records. This is a blanket certificate; unless one of the boxes below is checked, and remains in force as long as the purchaser continues making purchases, or until otherwise cancelled by the purchaser. ffCheck if this certificate is for a single purchase and enter the related invoice /purchase order # j ` I If you are a contractor and have a purchasing agent agreement with an exempt organization, check the box to make multiple '—? purchases for a specific job. Enter the exempt entity, name and specific project: Exempt entity name Project description Name of seller from whom you are purchasing, leasing or renting Seller's address city Name of purchaser 01 Accommodation and food services Immaculate Conception Church 02 Agricultural, forestry, fishing, hunting m Business address city State Zip code 04 4030 Jackson St N_ E Columbia Heights MN 55421 Information, publishing and communications Purchaser's tax ID number State of issue Country of issue a 41- 0703859 MN US M If no tax ID number. FEIN Driver's license number /State issued ID number 09 d I enter one of the rollowing: state oflssue number Retail trade IL , i Name of seller from whom you are purchasing, leasing or renting Seller's address city r- 0 a E X X cc m M 0 N .v X c� v fD N State Zip code 11 Transportation and warehousing 12 Utilities 13 Wholesale trade 14 Business services 15 Professional services 16 Education and health -care services 17 (nonprofit organization 18 Government 19 Not a business (explain) 20 Other (explain) Reason for exemption. Circle the letter that identifies the reason for the exemption. A Federal government (department) 8 Specific government exemption (from list on back) C Tribal government (name) D Foreign diplomat # W E�9 Charitable organization # 8353667 F Religious or educational organization # G Resale H Agricultural production i Industrial production /manufacturing J Direct pay permit # K Multiple points of use (services, digital goods, or computer software delivered electronically) L Direct mail M Other (enter number from back page) N Percentage exemption ❑ Advertising (enter percentage) % ❑ Utilities (enter percentage) I declare that the information on this certificate is correct and complete to the best of my knowledge and belief. (PENALTY- if you try to evade paying sales tax by using an exemption certificate for items or services that will be used for purposes other than those being claimed, you may be fined $100 under Minnesota law for each transaction for which the certificate is used.) Stock No. 2100030 (Rev. 6/08) available on our website at www.taxes.state.mn.us 121 Type of business. Circle the number that describes your business. 01 Accommodation and food services 02 Agricultural, forestry, fishing, hunting m 03 Construction c co 04 Finance and insurance .0 05 Information, publishing and communications 06 Manufacturing 07 Mining 08 Real estate 09 Rental and leasing 10 Retail trade r- 0 a E X X cc m M 0 N .v X c� v fD N State Zip code 11 Transportation and warehousing 12 Utilities 13 Wholesale trade 14 Business services 15 Professional services 16 Education and health -care services 17 (nonprofit organization 18 Government 19 Not a business (explain) 20 Other (explain) Reason for exemption. Circle the letter that identifies the reason for the exemption. A Federal government (department) 8 Specific government exemption (from list on back) C Tribal government (name) D Foreign diplomat # W E�9 Charitable organization # 8353667 F Religious or educational organization # G Resale H Agricultural production i Industrial production /manufacturing J Direct pay permit # K Multiple points of use (services, digital goods, or computer software delivered electronically) L Direct mail M Other (enter number from back page) N Percentage exemption ❑ Advertising (enter percentage) % ❑ Utilities (enter percentage) I declare that the information on this certificate is correct and complete to the best of my knowledge and belief. (PENALTY- if you try to evade paying sales tax by using an exemption certificate for items or services that will be used for purposes other than those being claimed, you may be fined $100 under Minnesota law for each transaction for which the certificate is used.) Stock No. 2100030 (Rev. 6/08) available on our website at www.taxes.state.mn.us 121 MINNESOTA LAWFUL GAMBLING LG220 Application for Exempt Permit 12/16 Panes 1 of 7 rvanie of premises where the gambling event will be conducted (for raffles, list the site where the drawing will take place): The Church of the Immaculate Conception Address (do not use P.O. box): 4030 Jackson St NE City or Township: Columbia Heights Zip: 55421 County: Anoka Date(s) of activity (for raffles, indicate the date of the drawing): August 4,5,6 2017 (Raffle drawing August 6 2017) Check each type of gambling activity that your organization will conduct: Bingo Paddlewheels Pull -Tabs = Tipboards F✓ Raffle (total value of raffle prizes awarded for the calendar year, including this raffle: $$3100.00 ) Gambling equipment for bingo paper, bingo boards, raffle boards, paddlewheels, pull -tabs, and tipboards must be obtained from a distributor licensed by the Minnesota Gambling Control Board, EXCEPTION: Bingo hard cards and bingo ball selection devices may be borrowed from another organization authorized to conduct bingo. To find a licensed distributor, go to www.mn.gov /gcb and click on Distributors under List of Licensees, or call 651 - 539 -1900. 122 An exempt permit may be issued to a nonprofit Application Fee (non - refundable) y organization that: conducts lawful gambling on five or fewer days, and Applications are processed in the order received. If the application awards less than $50,000 in prizes during a calendar is postmarked or received 30 days or more before the event, the year. application fee is $100; otherwise the fee is $150. If total raffle prize value for the calendar year will be Due to the high volume of exempt applications, payment of $1,500 or less, contact the Licensing Specialist assigned to additional fees prior to 30 days before your event will not expedite your county by calling 651 - 539 -1900, service, nor are telephone requests for expedited service accepted. ORGANIZATION INFORMATION Name: The The Church of the Immaculate Conception Previous Gambling Permit Number: x- 01151 -16 -023 Minnesota Tax ID Federal Employer ID Number, if any: 8353667 Number (FEIN), if any: 41- 0703859 Mailing Address: 4030 Jackson St NE City: Columbia Heights State: MN Zip: 55421 County: Anoka Name of Chief Executive Officer (CEO): John J. Mitchell Daytime Phone: 763 - 788 -9062 Email: imitchell@immac- church.org NONPROFIT STATUS Type of Nonprofit Organization (check one): Fraternal EE Religious Veterans Other Nonprofit Organization Attach a copy of one of the following showing proof of nonprofit status: (DO NOT attach a sales tax exempt status or federal employer ID number, as they are not proof of nonprofit status.) A current calendar year Certificate of Good Standing Don't have a copy? Obtain this certificate from: MN Secretary of State, Business Services Division Secretary of State website, phone numbers: 60 Empire Drive, Suite 100 www.sos.state.mn us St. Paul, MN 55103 651- 296 -2803, or toll free 1- 877 - 551 -6767 IRS income tax exemption (501(c)) letter in your organization's name Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS toll free at 1- 877 - 829 -5500, ✓� IRS - Affiliate of national, statewide, or international parent nonprofit organization (charter) If your organization falls under a parent organization, attach copies of both of the following: 1. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling, and 2, the charter or letter from your parent organization recognizing your organization as a subordinate. GAMBLING PREMISES INFORMATION rvanie of premises where the gambling event will be conducted (for raffles, list the site where the drawing will take place): The Church of the Immaculate Conception Address (do not use P.O. box): 4030 Jackson St NE City or Township: Columbia Heights Zip: 55421 County: Anoka Date(s) of activity (for raffles, indicate the date of the drawing): August 4,5,6 2017 (Raffle drawing August 6 2017) Check each type of gambling activity that your organization will conduct: Bingo Paddlewheels Pull -Tabs = Tipboards F✓ Raffle (total value of raffle prizes awarded for the calendar year, including this raffle: $$3100.00 ) Gambling equipment for bingo paper, bingo boards, raffle boards, paddlewheels, pull -tabs, and tipboards must be obtained from a distributor licensed by the Minnesota Gambling Control Board, EXCEPTION: Bingo hard cards and bingo ball selection devices may be borrowed from another organization authorized to conduct bingo. To find a licensed distributor, go to www.mn.gov /gcb and click on Distributors under List of Licensees, or call 651 - 539 -1900. 122 LG220 Application for Exempt Permit 12116 Page 2 of 2 men[ or ruonc sarety; Attorney General; Commissioners of Administration, Minnesota LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT (required before submitting application to by the Board. All other information provided will be private data about your organization until the the Minnesota Gambling Control Board) be involved in lawful gambling activities in Minnesota. Your organization has the right to CITY APPROVAL COUNTY APPROVAL refuse to supply the information; however, If for a gambling premises for a gambling premises your organization refuses to supply this information, the Board may not be able to located within city limits located in a township determine your organization's qualifications and, =The application is acknowledged with no waiting period. The application is acknowledged with no waiting period, as a consequence, may refuse to issue a permit. If your organization supplies the information =The application is acknowledged with a 30 -day waiting The application is acknowledged with a 30 -day waiting requested, the Board will be able to process the period, and allows the Board to issue a permit after 30 days period, and allows the Board to issue a permit after This form will be made available in alternative format (i.e. large print, braille) upon request. (60 days for a 1st class city). 30 days. =The application is denied. he application is denied. Print City Name: Print County Name: Signature of City Personnel: Signature of County Personnel: Title: Date: Title: Date: TOWNSHIP (if required by the county) On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the township The city or county must sign before limits. (A township has no statutory authority to approve or submitting application to the deny an application, per Minn. Statutes, section 349.213.) Gambling Control Board. Print Township Name: Signature of Township Officer: Title: Date: CHIEF EXECUTIVE OFFICER'S SIGNATURE (required) The information provided in this application is complete and accurate to the best of my knowledge. I acknowledge that the financial report will be completed and returned to the Board within 30 days of the event date. Chief Executive Officer's Signature: �� �jJ/ Date: „� 7— (Si ure m/ u`�� CEOs signature; desigee may not sign) , 1)� f Print Name: -.1 , �1 CG, REQUIREMENTS MAIL APPLICATION AND ATTACHMENTS Complete a separate application for: Mail application with: • all gambling conducted on two or more consecutive days, or • all gambling conducted on one day. a copy of your proof of nonprofit status, and Only one application is required if one or more raffle drawings are application fee (non- refundable). If the application is postmarked or received 30 days or more before the conducted on the same day. event, the application fee is $100; otherwise the fee is $150. Financial report to be completed within 30 days after the Make check payable to State of Minnesota, gambling activity is done: A financial report form will be mailed with your permit. Complete To: Minnesota Gambling Control Board and return the financial report form to the Gambling Control 1711 West County Road B, Suite 300 South Board. Roseville, MN 55113 Your organization must keep all exempt records and reports for Questions? Call the Licensing Section of the Gambling Control Board at 3 -1/2 years (Minn, Statutes, section 349.166, subd. 2(f)). 651- 539 -1900. Data nrlvary nntir Tha ,- -- ' •..y.....,.. on this form (and any attachments) will be used �rr^�� --- ­ ya 1L0Lwii, name dnu address will be public information when received men[ or ruonc sarety; Attorney General; Commissioners of Administration, Minnesota by the Gambling Control Board (Board) to determine your organization's qualifications to by the Board. All other information provided will be private data about your organization until the Management & Budget, and Revenue; Legislative Auditor, national and international gambling be involved in lawful gambling activities in Minnesota. Your organization has the right to Board issues the permit. When the Board issues the permit, all information provided will become regulatory agencies; anyone pursuant to court order; other individuals and agencies specifically refuse to supply the information; however, If public. If the Board does not issue a permit, all authorized by state or federal law to have access your organization refuses to supply this information, the Board may not be able to information provided remains private, with the exception of your organization's name and to the information; individuals and agencies for which law or legal order authorizes a new use or determine your organization's qualifications and, address which will remain public. Private data sharing of information after this notice was as a consequence, may refuse to issue a permit. If your organization supplies the information about your organization are available to Board members, Board staff whose work requires given; and anyone with your written consent. requested, the Board will be able to process the access to the Information; Minnesota's Depart- This form will be made available in alternative format (i.e. large print, braille) upon request. An equal opportunity employer 123 Internal Revenua Setwc& P. 0, Box 2508 CtnclnnM4 OIL 45201 Date: JUL 28tons United States Conference of Catholic Bishops 3211 0 91reet; ME Washlrigton, D.C. 20017 - -1194 Dear Sfror Madam: I3eparhnent of the Treasury Person to Contact: Roger Meyer Tblf Fres Telephom Numbef 87Y- 824 -S500 Employer Identification Numbw. 530196&17 Group Exemption Number: 0928 In a ruling dated March 25, IS46, ate field thatthe agencies slid Insinimentalities erid all eddidatlonal, charitable and rellgfous institutions operated, supervised, or controlled by or In connection with the Rornan Catholic Church In the United States, ifs territories or possessfons appeaitng It, The OffrcW Cstfiok iJlt>g, IW lb46, are enfiited to exemption from Federal irimme talc under the provision=s of section 101(6) of the internal Revenue Code of 1939, which corresponds to section 5o1(d)(a) of the 1886 Code. n1s ruling has been updated anntiallyto cover ft organizations added-to orcieleted from tfxe Directoty. Me C3llrc1a1 CaMdfc Dlreclbryfor=9 shows the names Arid addresses ofaff agencies and Instrumantalfties and all educational, charitable, and reVous institutions operated by the Romani. Catholic Ghuroh in file United States, Ifs terriloos; and possession* in existence atthe time the Dlrectoly, was published, It is urxiemmood that each of these is a non -prm orgarfmatro n, #tat no pair of the m.t: eamings thereof inures to rile benefit of any Individual, that no substanital part of their activities is forpra motion of legisfation, -and that none are private foundations undersec0on 5W(a) of file Code. Based on an Information submitted, we conclude thstlhe•agencies and instrurnentalfties and educational, duvRabfe, and rellgIous fnstitvtions operated, supervised, or controlled by or in connection with the Rodman Cathollc Church in rile United States, (is Fern'tories orpossesslaM appeerfng In 77ie O lk&l Caf xft D1mctory fbr-2009 are exempt from Federal income tax under section 501(C)(3) of file Code. Donors may deduct contributions to tine agencies, instmmeutaltiies MCI institutions ref6rred to above, as provided by section 170 of the Code. Bequests, legacies% devises, transfem, or gifts [afflern or for their us6 are deducG(iic for Federal estate arrd gift tax purposes ff they meet the appircable provIsions Of sectlons 2!155, 2106, and 2522 of the Code. Beginning Janurtry 1, 1884, unless spec ically excepted, you and your subordinates must pay tax aifider fire Federal Insurance Gontnbuiiom Act (PICA) for each employee who is paid $100 or fimflre 1» a calendar year, as indaxed for inffation, You and yvursubOrdinates are not Ili for the tax under the Federal Unemployment lax Act (FUTA). 124 Ttle COnditions conceming iho retention of your group exemption as set iorgPi In our previous determinafian letter dated August 17, 7883, remain in full force and effect. Slncerety, Cindy wi-t Manager, Exempt Organizations Demaninations I 125 ';Jesus Christ is the savne yesterday, today and forever." uo. in Archdiocese of Saint Paul and Alin.neaPolis October 20, 2009 Reverend Thomas Kunnel, TOR Church of the hmmaculate Conception 4030 Jackson Street NE Columbia Heights, MN 55421 -2929 Dear Father Kunnel: The Church of the Immaculate Conception of Columbia Heights, a Minnesota religious parish corporation, is a.tax exempt organization under the provisions of Section 50l(c)(3) of the Internal Revenue Code by reason of a Group Ruling issued to the United States Conference of Catholic Bishops by the Internal Revenue Service on July 28, 2009, which is the Iatest annual update in a series that began with the original determination of March 25, 1946. A ,copy of the 2009 Group Ruling is enclosed. The Group Exemption Number is 0928. The Group Ruling provides that any organizations listed in the Official Catholic Directory for 2009 as being an agency, instrumentality and educational, charitable and religious institutions' operated, supervised or controlled by or in connection with the Roman Catholic Church in the United States, are tax exempt. The Church of the Immaculate Conception of Columbia Heights is listed in the Official Catholic Directory for 2009. A. copy of the page from the directory showing that listing is enclosed. If you have any questions about the tax exempt status, please contact me. Thank you. Enclosures enziinme�- . _ _ Civil,�fairs 126 I MINNESOTA- REVENUE Certificate of Exemption ST3 Purchaser: Complete this certificate and give it to the seller. Seller: If this certificate is not fully completed, you must charge sales tax. Keep this certificate as part of your records. This is a blanket certificate, unless one of the boxes below is checked, and remains in force as long as the purchaser continues making purchases, or until otherwise cancelled by the purchaser. Check if this certificate is for a single purchase and enter the related invoice /purchase order # if you are a contractor and have a purchasing agent agreement with an exempt organization, check the box to make multiple '--I purchases for a specific job. Enter the exempt entity, name and specific project: Exempt entity name Project description Name of purchaser Type of business. Circle the number that describes your business. Immaculate Conception Church Accommodation and food services Business address City State Zip code 4030 Jackson St NE Columbia Heights MN 85421 C Purchaser's tax to number State of issue Country of issue 41- 0703859 MN US If no tax ID number. FEIN Driver's license number /State issued ID number CL enter one of the following: iL I I stateoflssue number Name of seller from whom you are purchasing, leasing or renting Seller's address city c 0 E c� x m 0 c N cc on a� W s c to N State Zip code 11 Transportation and warehousing 12 Utilities 13 Wholesale trade 14 Business services 15 Professional services 16 Education and healthcare services 17 Nonprofit organization 18 Government 19 Not a business (explain) 20 Other (explain) Reason for exemption. Circle the letter that identifies the reason for the exemption. A Federal government (department) B Specific government exemption (from list on back) C Tribal government (name) D Foreign diplomat � E Charitable organization ;# 8353667 F Religious or educational organization # G Resale H Agricultural production 1 Industrial production /manufacturing J Direct pay permit # K Multiple points of use (services, digital goods, or computer sofWare delivered electronically) L Direct mail M Other (enter number from back page) N Percentage exemption ❑ Advertising (enter percentage) 44 ❑ utilities (enter percentage) % I declare that the information on this certificate is correct and complete to the best of my knowledge and belief (PENALTY- if you try to evade paying sales tax by using an exemption certificate for items or services that will be used for purposes other than those being claimed, you may be fined $100 under Minnesota law for each transaction for which the certificate is used.) Stock No. 2100030 (Rev. 6/08) available on our website at www.taxes.state.mn.us 127 Type of business. Circle the number that describes your business. 01 Accommodation and food services 02 Agricultural, forestry, fishing, hunting CA 03 Construction N 04 Finance and insurance .0 05 Information, publishing and communications w 06 Manufacturing CL 07 Mining 08 Real estate 09 Rental and leasing 10 Retail trade c 0 E c� x m 0 c N cc on a� W s c to N State Zip code 11 Transportation and warehousing 12 Utilities 13 Wholesale trade 14 Business services 15 Professional services 16 Education and healthcare services 17 Nonprofit organization 18 Government 19 Not a business (explain) 20 Other (explain) Reason for exemption. Circle the letter that identifies the reason for the exemption. A Federal government (department) B Specific government exemption (from list on back) C Tribal government (name) D Foreign diplomat � E Charitable organization ;# 8353667 F Religious or educational organization # G Resale H Agricultural production 1 Industrial production /manufacturing J Direct pay permit # K Multiple points of use (services, digital goods, or computer sofWare delivered electronically) L Direct mail M Other (enter number from back page) N Percentage exemption ❑ Advertising (enter percentage) 44 ❑ utilities (enter percentage) % I declare that the information on this certificate is correct and complete to the best of my knowledge and belief (PENALTY- if you try to evade paying sales tax by using an exemption certificate for items or services that will be used for purposes other than those being claimed, you may be fined $100 under Minnesota law for each transaction for which the certificate is used.) Stock No. 2100030 (Rev. 6/08) available on our website at www.taxes.state.mn.us 127 COLUMBIA -HEIGHTS - SECTION CONSENT [AGENDA EM NO. 70 EETING DATE FEBRUARY 13, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Authorization to Purchase Police Vehicles DEPARTMENT: Police Department CITY MANAGER'S APPROVAL: BY /DATE: Scott Nadeau /January 31, 2017 15 BY /DATE: Ila-117 BACKGROUND: As a part of the Police Department Capital Equipment replacement plan to maintain a safe and dependable vehicle fleet, the Police Department requests authorization to purchase two Ford Police Interceptor patrol vehicles. The purchase of two marked squad cars per year allows the department to keep the fleet in better working order, and aids in controlling costs on replacement parts. This also allows the marked squads to be rotated out of the police fleet after four years of service, and rotated into another department in the city, who in turn get a better operating vehicle for conventional uses. In addition, the police department is requesting authorization to purchase one 2017 Ford Taurus from the State Vehicle Contract. The vehicle scheduled for replacement is a 2007 Ford Escape with over 75,000 miles on it. The Ford Taurus will be utilized as an unmarked vehicle for police functions. The State of Minnesota has awarded the contract for the delivery of Ford police vehicles to Nelson Auto Center of Fergus Falls, MN. The 2017 contract for the Ford Taurus has been awarded to Ranger GM of Hibbing, MN, The Police Department is requesting to purchase the following vehicles: 2 —2017 Ford Police Interceptor Utility vehicles (incl options) $53,763.90 1— 2017 Ford Taurus Fleet P2H Total: $24,131.00 $77,894.90 The Police Department is also requesting to expend up to $39,315.00 for outfitting and setting up these vehicles for police use. This amount includes the standard set -up as has been done in the past, plus the purchase of necessary equipment for the squads, including laptop computers. The Police Department is also requesting to expend up to $13,900.00 for the purchase of encrypted squad radios which have gone end -of -life and are due for replacement. This is the amount that was budgeted in the Police Department's 2017 Capital Equipment budget. STAFF RECOMMENDATION: It is our recommendation to the Council that new marked patrol vehicles, and an unmarked police vehicle, be purchased, with a total purchase price to be $77,894.90. The Police Department is also requesting authorization to expend up to $53,215.00 for squad radios, outfitting and setting up these vehicles. RECOMMENDED MOTION(S): MOTION: Move to authorize the purchase of two 2017 Ford Police Interceptor Utility vehicles and one 2017 Ford Taurus unmarked vehicle under the State of Minnesota bid, with funding to come from 431.42100.5150, in the amount of $77,89.90 and that the Mayor and City Manager are authorized to enter into a contract for same. These vehicles will be used as marked patrol cars and unmarked police vehicles. MOTION: Move to authorize the Police Chief to expend up to $53,215.00 to set up and outfit two marked patrol cars and an unmarked vehicle. 128 City of Columbia Heights - Council Letter Authorization to Purchase Police Vehicles 2 2017 Squad Purchase ....... em Est Price Ext Item Est Price Total :Ford Interceptor Utility* $26,31:2.95. $52,625.90" Strip Out Old Squad $400.00 $800.00. Unmarked vehicle ** $24,131.00" $24,131.00: Build New Squads $3,000.00: $6,000.00: DIr Options Ford $569A0 $1,138.00'. 'Squad Partition $800.00; Shop Supplies _... $775.00; $1,550.00 :Sub total $77,894.90 _squad lights $800.00' $1,600.00. Ford dealer option breakdown Console $300.00 $600.00: Dark $ 1g,p0 .Computer mount $480.00: $960.00' Lock Plungers $ 15100 arm rests $125.00: $250.00, LED Spotlight: $ 199.00 Secondary cage for SUV $500.00` ........... $11000.00 Ke in y 9 $ 45.00 Window bars /door covers $350.00: $700.00 Radio supression _. _ .. $ 95.00 :Push Bumpers $300.00: $600.00; Window switches; $ 30.00 Utility Cargo Organizer $1,000,00 $2,000.00' Light Housing Pre-Drilled' $ 119.00 Power Tamers " $85.00: $170,00 rear dome light $ 49.00 :Seat Covers $989,00' Delete Engine Block Htr $ secure idle $160.00 $320.00 delete carpet.., $ (103.00) :Hinged Electronics Tray $206.00 $412.00: pre-wiring _ . _ , ..._ $ 49.00 :siren speaker $200.00: $400.00: _. Utility Cargo Floor System $345.00: $690.00'. LL Gun Locks $35R.OR , $700.00: _. . Squad Graphics $1,500.00: $3,000.00' :Unmarked Setup $1,500.00 _.. $1,500.00' Unmarked Lighting $2,000.00' $2,000.00: Unmarked Gunlocker /Vault $1,385.00 $1,385A0 _ . MISC Equipment CF 31 Toughbooks $4,550.0Q $B,10R.ORi __.. _. Sub Total $30,215.00 Unmarked squad radio q $ 4,800.00 $ 4,800.O0 Encypted Squad Radios $4,550.00 i $9,100.00 $23,000.00: Outfitting total: $53,215.00 _... _ Total $131,109.90 ATTACHMENTS: none 129 CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT AGENDA ITEM NO. 7P MEETING DATE FEBRUARY 13, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: LICENSE AGENDA DEPARTMENT: Community Development CITY MANAGER'S APPROVAL: BY /Date: FEBRUARY 8, 2017 BY /Date: IL i l BACKGROUND /ANALYSIS Attached is the business license agenda for the February 13, 2017 Council meeting. This agenda consists of applications for 2017 Contractor Licenses, Temporary Liquor Licenses for Immaculate Conception Church, and Peddler Licenses. At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for February 13, 2017 as presented. 130 Documentl City of Columbia Heights - Council Letter TO CITY COUNCIL February 13, 2017 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES -2017 BLDG *Silver Tree PI & Htg *Adam's Anytime PI South -town Refrig & Mech Elite Contractors *Ben Franklin Plumbing *Cheyenne PI & Htg *Affordable Comfort/Apollo Market Mechanical *MSP Plumb & Htg *NAC Mech *West Air Htg Blue Ox Htg Holmin Htg & Cooling *Deschene Enterprises 3185 Terminal Dr, Eagan 13791 Jonquil Ln N, Dayton 6325 Welcome Ave N, Brk Pk 3160162 d Lane NW, Andover 5718 International Pkwy, New Hope 25903 Rabbit St NW, Zimmerman 6510 Highway 36 Blvd N, Oakdale 8701 Wyoming Ave N, Brk Pk 640 Grand Ave, St Paul 1001 Labore Indust Crt, Vadnais Hts 11184 River Rd NE, Hanover 5720 International Pkwy, New Hope 3432 Denmark Ave, Eagan 10131 James Ave NE, Otsego *Rainbow Tree 11571 K -Tel Dr, Minnetonka *Central MN Tree 480 Rice Creek Blvd, Fridley True Tree Solutions 13684160 1h Ave, Little Falls *Matt's Tree Service 2751 Hennepin Ave S, Mpls PEDDLER LICENSES *Jason R. Sack/Window Concepts. 291 Eva St, St Paul *Joseph A. Buelow/Window Concepts. 291 Eva St, St Paul *Marc A. Faulhammer /Window Concepts 291 Eva St. St Paul $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 $200 2 mo. $200 2 mo. $200 2 mo. *George W. Brown III/Comcast 10 River Pk Plaza, St Paul $500 Yr. TEMPORARY LIQUOR LICENSE *Immaculate Conception Church For May 5, 2017 For Aug.3 -6, 2017 4030 Jackson St, Col. Hts. $100 $400 131 Page 2 U) w ]D D J L O N M V aw O � v cd a� Q Z W a W 0 W z Z LL ti 0 N co T fQ L m LL LL O CD _Z H W W _J U z O U O 0 W Z z_ 2 LL O W H H R 0 z Q LL O H z n O _O W DO J O LL H U U t U O7 C ^L, W > O U Q U O t a) a) L �U O U U a) t 0o co 0 T O T N O O (6 Q) t c N T N N T Irt a) m m O cn a) c a) U rZ m O U U m a) O W- E O W- 00 d- (. 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If the City desires to provide adequate licensure and land use regulations to effectively address breweries within the City, a new ordinance needs to be approved. On January 23, 2017, City Council tabled the consideration of Ordinance No. 1638 for further discussion because of several questions and concerns about a few sections of the proposed ordinance. At the City Council work session on February 6, 2017, City Council discussed on- and off- sale of malt liquor to be allowed for brewers on Sundays, removing the 300' liquor licensure restriction for breweries to be located within 300 feet of a school or a religious institution, as well as whether or not to remove two development design standards related to a right -of -way landscape buffer and audible amplified sound. The proposed brewery ordinance has been revised to reflect the discussion held at the City Council work session. Attached is Ordinance No. 1638 for Council's consideration. The proposed ordinance would repeal Ordinance No. 1620 in its entirety and amend City Code to adequately address the operations of breweries within the City. The parts of the City Code that will be amended are as follows: Article 5, Section 9.103, 9.107, 9.110, and 9.111. All proposed language in the ordinance is marked with an underline for an addition or a s4ikeewt to indicate a deletion. STAFF RECOMMENDATION: Staff recommends approving the first reading of Ordinance No. 1638 to effectively address breweries within the City and to setup the second reading of Ordinance No. 1638 for adoption on February 27, 2017. RECOMMENDED MOTION(S): Motion: Move to waive the reading of Ordinance No. 1638, there being ample copies available to the public. Motion: Move to set the second reading of Ordinance No. 1638, being an ordinance relating to malt liquor for February 27, 2017 at approximately 7:00 P.M. in the City Council Chambers. ATTACHMENTS: 1. Ordinance 1638 (10 Pages) 2. Context Map of 300' buffers around Schools and Religious Institutions City of Columbia Heights - CC Letter 142 ORDINANCE NO. 1638 BEING AN ORDINANCE REPEALING ORDINANCE NO. 1620 IN ITS ENTIRETY, BEING AN ORDINANCE THAT AMENDED CITY CODE OF 2005 RELATING TO ON -SALE BREWER TAPROOM AND OFF -SALE BREWER TAPROOM LICENSES AND REQUIREMENTS WITHIN THE CITY OF COLUMBIA HEIGHTS, ENACTED MARCH 23, 2015; AND, AMENDING SECTIONS OF ARTICLE 5, CHAPTER 5 OF THE CITY CODE RELATING TO LIQUOR AND BEER LICENSING; AND AMENDING SECTIONS 9.103, 9.107, 9.110, AND 9.111 OF ARTICLE 1, CHAPTER 9 RELATING TO LAND USE REGULATIONS. WHEREAS, On March 23, 2015, the City Council passed Ordinance No. 1620, relating to on -sale and off -sale brewer taprooms; and, WHEREAS, Community Development Staff have determined that Ordinance No. 1620 does not adequately address licensure, land use regulations, and specific requirements pertaining to operation of a brewery within the City of Columbia Heights; and, WHEREAS, the City of Columbia Heights desires to provide adequate licensure and land use regulations to effectively address breweries within the City of Columbia Heights; NOW, THEREFORE, BE IT RESOLVED the City Council (Council) of the City of Columbia Heights, Minnesota (City) does ordain: SECTION I: City Ordinance No. 1620, enacted March 23, 2015 upon 30 days after its passage is hereby repealed in its entirety. SECTION II: That Chapter 5, Article 5 of the City Code be amended to read as follows, to wit: § 5.501 DEFINITIONS. § 5.502 3.2% MALT LIQUORS (BEER). § 5.503 MALT LIQUORS. § 5.503 5.504 ON -SALE CLUB LIQUOR. § 5504 5.505 INTOXICATING LIQUOR. § 5,505 5.506 ON -SALE WINE LICENSES. § G 506% 5.507 LIMITED INTOXICATING LIQUOR LICENSES. § 5,587 5.508 SUNDAY ON -SALE LIQUOR LICENSES. § 1; 505 5.509 SUNDAY CLUB LICENSES. § 5.599 5.510 ON -SALE TEMPORARY LIQUOR LICENSES. § 5,510 5.511 POLICY FOR ALCOHOL LICENSE VIOLATIONS. § 5 U 1 5.512 PENALTY. § 5.501 DEFINITIONS. Brewer Taproom. A facility on the premises of, or adiacent to, a malt liquor manufacturer intended for on -sale and consumption of malt liquor produced by the brewer. Brew Pub. A restaurant that conducts the retail of on -sale malt liquor consumed and brewed on the premise and who manufactures less than 3,500 barrels of malt liquor a year. Ordinance No. 1638 143 City of Columbia Heights — Ordinance 1638 § 5.503 MALT LIQUORS. Page 2 (A) No person, except the holder of intoxicating liquor licenses wholesalers and manufacturers to the extent authorized by law, shall deal in or dispose of by gift sale or otherwise or keep or offer for sale any malt liquor within the city without first having received a license as hereinafter provided Licenses shall be of three kinds: (1) On -Sale Brewer Taproom; (2) On -Sale Brew Pub; and (3) Off -Sale Malt Liquor. (B) On -Sale Brewer Taproom licenses may be granted to a brewer licensed under Minn Stat §340A.301, Subd. 6(c), (i) or (j) subject to the provisions of Minn Statues 340A.26, as it may be amended from time to time and as followed: (1) A brewer may only hold one (1) On -Sale Brewer Taproom license; and (2) The license permits the sale of malt liquor produced by the brewer for consumption of the malt liquor on the premises of, or adjacent to a brewer taproom owned by the brewer. (C) On -Sale Brew Pub licenses may be granted to Hotels Clubs Municipal Liquor Stores Restaurants and Non - Profit Organizations for sale and consumption of malt liquor produced on the licensed premise. (D) Off -Sale Malt Liquor licenses may be granted to a licensee with either an On -Sale Brewer Taproom license or On -Sale Brew Pub licenses, which shall permit the off -sale of malt liquor on the licensee's premise, subject to the provisions of Minn. Stat 340A.24 or 340A.28, as it may be amended from time to time and as followed: (1) A brewer may only hold one (1) Off -Malt Liquor license; and (2) The off -sale of malt liquor shall only be permitted during the same days and hours of Municipal Liquor Stores, and between the hours of 10:00 a.m. on Sundays and 1.00 a.m. on Mondays; and (3) The only off -sale of malt liquor shall be the malt liquor produced by the licensee at the licensee's premise; and (4) The packaging of the off -sale malt liquor containers and bottles are subiect to Minn Stat 340A.285, as it may be amended from time to time (E) Every application for a license to sell malt liquor shall be made on a form supplied by the City Applications shall be filed with the Clerk. It shall be unlawful to make any false statement in an application. By submitting an application the applicant consents to any and all investigations the Citv deems appropriate and waives any claims the applicant may have Copies of the application shall be submitted to such other City Departments as the Council shall deem necessary for verification and investigation of the facts set forth in the application 144 City of Columbia Heights — Ordinance 1638 (F) Applications for malt liquor licenses shall state the following: (1) Whether the applicant is a natural person partnership corporation or other form of organization; Page 3 (2) Full legal name of applicant and applicant's spouse place and date of birth street residence address and length of time at that address of the applicant and applicant's spouse; and any other information deemed necessary by the Council or issuing authority (3) Three character references. (4) The nature of any other business to be operated in conjunction with the sale of malt liquor and whether the applicant is the owner or operator of such other business and if so the length of time in such business. (5) In the case of corporations, partnerships and other organizations such information relating to the identity of each officer, director and partner as required in division (F)(2) (G) All applications shall be referred to the Chief of Police. The Chief of Police or designee is empowered to conduct any and all investigations to verify the information on the application including ordering a computerized criminal history inquiry obtained through the Criminal Justice System and /or a driver's license history inquiry as recorded by the State Department of Public Safety on the applicant An investigation fee as set by Council resolution shall accompany each application The application shall also be referred to the Chief of the Fire Department the Building Official and the City Planning and Zoning Department for a report indicating whether said premises are in compliance with applicable ordinances and regulations. A public hearing shall then be held before the Council at which time the application for a license shall be considered. Opportunity shall be given to any person to be heard for or against the granting of the license at a public hearing The Council may accept or reiect the license application in its discretion upon completion of the public hearing (H) Each license shall be issued to the applicant only and shall not be transferable to another holder. Each license shall be issued only for the premises described in the application (1) No license shall be granted to any person: (1) Who is under 21 years of age. (2) Who has been convicted of a felony, or any law of this state or local ordinance relating to the manufacture, transportation or sale of 3.2% malt malt liquor or of intoxicating liquors (3) For the sale of malt liquor on any premises also occupied by a previous licensee who was convicted of a violation of this section. (4) Who is not a citizen of the United States or a resident alien or upon whom it is impractical to conduct a background and financial investigation due to the unavailability of information 145 City of Columbia Heights — Ordinance 1638 (5) Who is not of good moral character and repute. (6) Who is or, during the period of this license, becomes the holder of a federal retail liquor dealer's special tax stamp for the sale of intoxicating liquor at such place. (7) Who is not the proprietor of the establishment for which the license is issued. (J) Licenses granted pursuant to the provisions of this chapter shall be subject to the following conditions: (1) No gambling, nor any gambling device allowed that is prohibited bylaw. Page 4 (2) All licensees under this section shall allow the business premises to be inspected by police or health officials at any time. (3) No sale of malt liquor may be made between 1:00 a.m. and 8:00 a.m. on the days of Monday through Saturday, nor between 1:00 a.m. and 10:00 a.m. on Sunday. 4) No licensee who is not also licensed to sell intoxicating liquor shall sell or permit the consumption or display of intoxicating liquors on the licensed premises or serve any liquids for the purpose of mixing with intoxicating liquor. The presence of intoxicating liquors on the premises of such a licensee shall be prima facie evidence of possession of intoxicating liquors for the purpose of sale; and the serving of any liquid for the purpose of mixing with intoxicating liquors shall be prima facie evidence_ that intoxicating liquor is being permitted to be consumed or displaved contrary to this section. (5) No person under 18 years of age shall be employed on the premises, except that persons under 18 years of age may be employed as musicians, bus boys and kitchen help. (6) No person or customer, other than the licensee and his employees, may remain on any licensed premises after 1:30 a.m. (7) No licensee or his agent shall serve malt liquor or permit the sale of malt liquor to any person under 21 years of age. (8) Every licensee shall be responsible for the conduct of his place of business and shall maintain conditions of sobriety and order. The act of any employee on the licensed premises authorized to sell malt liquor there is deemed the act of the licensee as well, and the licensee shall be liable to all penalties provided by ordinance, statute, or regulation equally with the employee. (9) No licensee shall permit 18, 19 and 20 year olds to remain on the premises unless to perform work for the establishment including the sale or serving of alcoholic beverages, consume meals, and attend social functions that are held in a portion of the establishment where liquor is not sold. 146 City of Columbia Heights — Ordinance 1638 Page 5 (10) No licensee shall permit in any licensed establishment or any adjoining property owned or leased by the licensee, any boxing wrestling or any other form of entertainment whose primary purpose is physical contact by striking or touching an opponent with hands head feet or body, Team sports, in which physical contact is incidental to the primary purpose of the game such as basketball, volleyball, soccer, football baseball hockey and softball are not included among activities prohibited by this section. (K) No license shall be granted for sale on any premises where a licensee has been convicted of any violation of this section, or of the state beer or liquor law, or where any license hereunder has been revoked for cause until one year has elapsed after such conviction or revocation (L) No "on- sale" license shall be granted for a bona fide club which has not been in operation and eligible to receive a license for at least one year immediately preceding the application for a license (M) Each application for a license must be accompanied by the applicable license and investigation fees payment in full. As stated in § 5.103(E)(1): "Fees shall not be prorated unless specificallv authorized herein, or by Council resolution and are not refundable for any reason including license revocation, suspension, denial or termination of the licensed activity." The annual fee for an "on- sale" and "off- sale" license shall be as set by Council resolution (N) "On- sale" and "Off- sale" licenses shall expire on the last day of December in each year. Each such license shall be issued for a period of one year, except that if a portion of the license year has elapsed when the application is made, a license may be issued for the remainder of the year. (0) (1) At the time of filing an application for any on -sale or off -sale malt liquor license the applicant shall file with the Clerk proof of financial responsibility for liability. The issuer or surety on any liability insurance policy or bond shall be duly licensed to do business in the State of Minnesota and all documents shall be approved as to content form and execution The licensee and the City shall be named as joint insured on the liability insurance policy. The policy shall be effective for the entire license year. (2) Proof of financial responsibility may be provided by supplying to the Clerk any of the following items: (a) A certificate that there is in effect for the license period an insurance policy providing at least $50,000 of coverage because of bodily iniury to any one person in any one occurrence $100,000 because of bodily injury to two or more persons in any one occurrence $10,000 because of iniury to or destruction of property of others in any one occurrence $50,000 for loss of means of support of any one person in any one occurrence and $100,000 for loss of means of support of two or more persons in any one occurrence; or (b) A bond of a surety company with minimum coverages as provided in subdivision (a)• or 147 City of Columbia Heights — Ordinance 1638 Page 6 (c) A certificate of the State Treasurer that the licensee has deposited with that office $100,000 in cash or securities which may legally be purchased by savings banks or for trust funds having a market value of $100,000. (P) Any liability insurance required by this section must provide that it may not be canceled for: (1) Any cause, except for nonpayment of premium by either the insured or the insurer unless the canceling party has first given 30 days' notice in writing to the issuing authority of intent to cancel the policy; and (2) Nonpayment of premium unless the canceling party has first given ten days' notice in writing to the issuing authoritv of intent to cancel the policy. (Q) The operation of an on -sale off -sale malt liquor license without having on file at all times with the City the liability insurance policy or other evidence of financial responsibility required herein shall be grounds for immediate revocation of the license Notice of cancellation of a current liquor liability policy serves as notice to the licensee of the impending revocation and unless evidence of compliance with the financial responsibility requirements of this section are presented to the Clerk before the termination is effective, the license will be revoked instantly upon the lapse in coverage (R) Every license shall be granted subiect to the conditions and provisions of this section and of other applicable ordinances of the City or State law. (S) All licensed premises shall have the license posted in a conspicuous place at all times (T) No manufacturer or wholesaler of malt liquor shall have any ownership of or interest in an establishment licensed to sell at retail contrary to the provisions of Minn Stat 340A.308, as it may be amended from time to time. No retail licensee and manufacturer or wholesaler of malt liquor shall be parties to any exclusive purchase contract. No retail licensee shall receive any benefits contrary to law from a manufacturer or wholesaler of malt liquor and no such manufacturer or wholesaler shall confer any benefits contrary to law upon a retail licensee (U) Any peace officer shall have the unqualified right to enter, inspect and search the premises of a licensee during business hours without a search and seizure warrant and may in the absence of a license to sell intoxicating liquor, seize all intoxicating liquors found on the licensed premises Business hours shall be deemed any time when licensee or employees are present on the premises Refusal to permit such inspection is a violation of this section and grounds for revocation of license (V) Any person violating any provision of this section shall be guilty of a misdemeanor. (W) Any On -Sale or Off Sale license holder is subject to provisions of § 5.511 regarding penalties for license violations. 148 City of Columbia Heights — Ordinance 1638 §J�i 5.512 PENALTY. Page 7 FOR BEST PRACTICES LICENSE HOLDERS: Type of License 1st Violation 2nd Violation 3rd Violation 4th Violation On/Off Sale Malt $250 $500 and 3 day $1,000 and 5 day Li uor suspension suspension Revocation FOR OTHER LICENSE HOLDERS: Type of License 1st Violation 2nd Violation 3rd Violation 4th Violation On/Off Sale Malt $500 $750 and 5 day $1,000 and 10 day Liquor suspension suspension Revocation SECTION III: That Chapter 9, Article 1 of the City Code be amended to read as follows, to wit: § 9.103 DEFINITIONS. Brewer Taproom. A facility on the premises of or adjacent to a malt liquor manufacturer intended for on -sale and consumption of malt liquor produced by the brewer. Brew Pub. A restaurant that conducts the retail of on -sale malt liquor consumed and brewed on the premise and who manufactures less than 3,500 barrels of malt liquor a year. § 9.107 SPECIFIC DEVELOPMENT STANDARDS. (53) Brewer Taprooms and Brew Pubs. (a) All malt liquor production shall be within a completely enclosed structure u Mechanical equipment shall be placed and /or screened so as to minimize the visual impact on adiacent properties and from public streets. (c) In Zoning Districts where off street parking is required a transportation management plan shall be submitted to address off - street parking bus and freight loading and traffic control (d) Loading areas shall not be oriented toward a public street nor shall loading docks be located on the side of any building facing an adjacent lot that is zoned residential Where these districts or streets abut all sides of the property, the loading areas shall be screened by a solid wall or opaque fence with a minimum height of six (6) feet, in addition to any required landscape buffer, (e) Trash and /or recycling collection areas shall be enclosed on at least three sides by an opaque screening wall or fence no less than six (6) feet in height The open side of the enclosure shall not face any public street or the front yard of any adjacent property 149 City of Columbia Heights — Ordinance 1638 By- products and waste from the production of malt liquor shall be properly disposed of off the property. Page 8 JjgJ The premises, all adjacent streets, sidewalks and alleys and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purposes of removing litter found thereon § 9.110 COMMERCIAL DISTRICTS. (D) LB, Limited Business District. (1) Purpose. The purpose of the LB, Limited Business District is to provide appropriate locations for limited retail sales and services for the convenience of adjacent residential neighborhoods. These areas are located along collector or arterial roadways in close proximity to residential neighborhoods, arranged and designed to be a functional and harmonious part of the neighborhood, and accessible by public sidewalks or trails as well as by roadways. (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the LB, Limited Business District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (u) Brewer Taproom, not exceediniz 2,000 barrels of malt liquor a year. (v) Brew Pub, not exceeding 2,000 barrels of malt liquor a year. (E) GB, General Business District. (1) Purpose. The purpose of the GB General Business District is to provide appropriate locations for general retail sales, services and other commercial developments that benefit from their proximity to other commercial uses. These areas are located away from residential neighborhoods, along arterial roadways and are accessible primarily by automobile. (2) Permitted uses. Except as specifically limited herein, the following uses are permitted within the GB, General Business District: (mm) Brewer Taproom, not exceeding 3,500 barrels of malt liquor a year. (nn) Brew Pub. (F) CBD, Central Business District. (1) Purpose. The purpose of the CBD, Central Business District is to provide for the development and redevelopment of the established downtown core, including a mix of retail, financial, office, service and entertainment uses. Residential units are allowed within this district when located above a first floor commercial use. (2) Permitted uses. Except as specifically limited herein, the following uses are permitted within the CBD, Central Business District: 150 City of Columbia Heights — Ordinance 1638 (gg) Brewer Taproom not exceeding 3,500 barrels of malt liquor a (hh) Brew Pub. § 9.111 INDUSTRIAL DISTRICTS. (D) I -1, Light Industrial District. Page 9 (1) Purpose. The purpose of the I -1, Light Industrial District is to provide appropriate locations for industrial enterprises engaged in activities such as assembly, storage, warehousing and light manufacturing and further processing of materials first handled by general industry. These areas are located with easy access to arterial roadways and should be separated from residential uses by natural or manmade barriers. (2) Permitted uses. Except as specifically limited herein, the following uses are permitted within the I- 1, Light Industrial District: (v) Brewer Taproom. (E) I -2, General Industrial District. (1) Purpose. The purpose of the I -2, General Industrial District is to provide appropriate locations for industrial enterprises engaged in activities such as manufacturing, processing, assembly, storage and warehousing, which, because of their size and /or nature, require isolation from non- industrial uses. These areas are located with easy access to arterial roadways or railroads and should be separated from non - industrial uses by natural or manmade barriers. (2) Permitted uses. Except as specifically limited herein, the following uses are permitted within the I- 2, General Industrial District: (y) Brewer Taproom. 151 City of Columbia Heights —Ordinance 1638 This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Offered by: Seconded by: Roll Call: Second Reading: Offered by: Seconded by: Roll Call: Date of Passage: Donna Schmitt, Mayor Attest Katie Bruno, City Clerk /Council Secretary 152 Page 10 F— z cn g � a = O c7 ww o =' �¢ o U — ITJ } �z O � U � O U "ex NO].HJi}ifl M:dN 30 k113 ANOHlNV'lS 30 AlD At i I I i «« I �� I . i 111 •.'J Lr ': i 9� l tL � �1� f ,� � a � I•,. i r� .q I I I r. a r a EIE { � � e It r .le�. Ijtl — I sail' Y Q ',,I� III : EI .I III I - t:« «L I Ala I ra y� ?t'6i� aEFls «aEa�.�d �A-11. Ill �r�tI `, 1 J ( � )p V Ii. E�.�€I 1 a � 'r; I-� 'a •i8nl i�li �. � � = - — � l�L 'rG z'.. 1 1 1 wft r • ra I €,a n �� I « "d] MEN9 1 s r kal' t3 f sl 0 „! l I$ J I I Y I '. I N e I I n i « uJ « U l,I l r +p p i I _aap , r I�t 1 t n rl al 1 1 , l a I 1 I t Yu ' i il y 1 I, r �a t fit, r lill� k €iITr e la1an b . 1 t afiad r' 'i r 6 i I 1 I r �, tk pI Ill i ily 1111 1 11 «� .: 111 nut 1 f I. , 11 lag ( 'if 1 1 3'i.; 1 a I i iii 31j: I I 1 mill,l �- bas�a a!laae �! n b :' �:� 1��:)� txjl li a;a�l hvrx aleJar ] a..i,, a •I, I.. - ! 111 ills 1�1 it at TE 111 'It i«iI 1€{If�llldt iil 1 l'ga5 _ l «t:aF11' dE 1 1 tt'I'EI a 1113 I t ali i t i 71 Yr Ik .•, , jn'�jc =.r I'iE a6ea� _ .a:- -o « 1 I e ala�7 �� tl a-tr�� J(= :n, ,.IpI 1r666'fySIL €a ill , 4 •E :a. ,61.E �. I` J1 T1 t 06 2-LL 6 M L7 z I� z C N Q I z o - o�u = I4��, 4n,, w= 2 l �Fkktr,� (�tF I }eP r2! c x Z4 CH COLUMBIA HEIGHTS AGENDA SECTION PUBLIC HEARING ITEM NO. 8B MEETING DATE FEBRUARY 13, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Approving a Preliminary Plat for Venture Pass Partners, LLC. DEPARTMENT: Community Development CITY MANAGER'S APPROVAL: BY /DATE: Elizabeth Holmbeck February 9, 2017 BY /DATE: �� BACKGROUND: On behalf of Hy -Vee, Inc., Venture Pass Partners, LLC has applied for Preliminary Plat Approval for the vacant parcel located at 4707 Central Avenue NE. The site is currently one lot of record and the applicant is requesting to re -plat the property to create two separate lots. The plat would allow for two separate developments to occur on the property; a convenience store to be built on the south end in conjunction with the future Hy -Vee Grocery Store, and a future fast casual restaurant on the north end. The applicant went before the Planning and Zoning Commission on February 7th, 2017. At the meeting, the Preliminary Plat was unanimously recommended for approval. There were no concerns regarding the Preliminary Plat from members of the public or the Planning and Zoning Commission. STAFF RECOMMENDATION: Staff recommends approval of the proposed Preliminary Plat for Venture Pass Partners, LLC. RECOMMENDED MOTION(S): Motion: Move to waive the reading of Resolution No. 2017 -15, there being ample copies available to the public. Motion: Move to adopt Resolution No. 2017 -15, approving a Preliminary Plat for Venture Pass Partners, LLC., subject to certain conditions of approval. 1. All required state and local codes, permits, licenses and inspections will be met and in full compliance. 2. The applicant shall be responsible for the cost of filing and recording written easements with the Anoka County Recorder's Office. 3. An approved Preliminary Plat shall be valid for a period of one year from the date of the City Council approval. In the event that a Final Plat is not submitted within this time period, the Preliminary Plat will become void. ATTACHMENTS: Resolution No. 2017 -15 Planning Report Application Applicant's Narrative Location Map Preliminary Plat 154 Preliminary Plat: Venture Pass Partners, LLC. RESOLUTION NO. 2017 -15 A resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Preliminary Plat for Venture Pass Partners, LLC. Whereas, a proposal (Case # 2017 -0202) has been submitted by Venture Pass Partners, LLC on behalf of Hy- Vee, Inc. to the City Council requesting Preliminary Plat Approval from the City of Columbia Heights at the following site: ADDRESS: 4707 Central Avenue NE, Columbia Heights, MN 55421. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING: Preliminary Plat Approval per Code Section 9.104 (L). Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on February 7, 2017; Whereas, the City Council has considered the advice and recommendations of the Planning and Zoning Commission regarding the effect of the proposed Preliminary 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) (6) of the Zoning Ordinance outlines conditions that must be met in order for the City to grant a Preliminary 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. Further, be it resolved, that the attached plans, maps, and other information shall become part of this Preliminary Plat; and in granting approval the City and the applicant agree that the Plat shall become null and void if a Final Plat is not submitted to the City Council 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. The applicant shall be responsible for the cost of filing and recording written easements with the Anoka County Recorder's Office. 3. An approved Preliminary Plat shall be valid for a period of one year from the date of the City Council 155 City of Columbia Heights - Council Resolution Page 2 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. Passed this 13th day of February, 2017 Offered by: Seconded by: Roll Call: Attest: Katie Bruno, City Clerk /Council Secretary ORDER OF COUNCIL Donna Schmitt, Mayor 156 \CH COLUMBIA HEIGHTS CITY OF COLUMBIA HEIGHTS PLANNING AND ZONING COMMISSION PLANNING REPORT CASE NUMBER: 2017 -0202 DATE: February 1, 2017 TO: Columbia Heights Planning and Zoning Commission APPLICANT: Venture Pass Partners, LLC DEVELOPMENT: Hy -Vee Convenience Store & Future Development LOCATION: 4707 Central Avenue NE., Columbia heights, MN 55421 REQUEST: Preliminary Plat Approval PREPARED BY: Elizabeth Holmbeck, City Planner INTRODUCTION On behalf of Hy -Vee, Inc., Venture Pass Partners, LLC has applied for Preliminary Plat Approval for the vacant parcel located at 4707 Central Avenue NE. The site is currently one lot of record and the applicant is requesting to re -plat the property to create two separate lots. The plat would allow for two separate developments to occur on the property; a convenience store to be built on the south end in conjunction with the future Hy -Vee Grocery Store, and a future fast casual restaurant on the north end. ZONING ORDINANC The property located at 4707 Central Avenue NE., is located in the Mixed Use Zoning District, as are the properties to the east. The properties to the north are located in the General Business Commercial Zoning District. The properties to the south are located in the Multiple Family Residential Zoning District. COMPREHENSIVE PLAN The Comprehensive Plan guides this area for mixed use development (commercial, residential and institutional uses), and specifically transit oriented development. Developing the vacant parcel to include commercial uses which complement the existing residential development is consistent with the goals and intent of the Comprehensive Plan. FINDINGS OF FACT Section 9.104 (L) (6) of the Zoning Ordinance outlines three conditions that must be met in order for the City to grant a Preliminary Plat. They are as follows: (a) The proposed Preliminary Plat conforms to the requirements of City Code Section 9.115. 157 City of Columbia Heights Planning and Zoning Commission February 7, 2017 Planning Report Page 2 This is correct. (b) The proposed subdivision is consistent with the Comprehensive Plan. This is correct. (c) The proposed subdivision contains parcel and land subdivision layout that is consistent with good planning and site engineering design principles. This is correct. RECOMMENDATION Staff recommends that the Planning and Zoning Commission recommend approval of the proposed Preliminary Plat request made by Venture Pass Partners, LLC on behalf of Hy -Vee, Inc. for the property located at 4707 Central Avenue NE. Motion: Move to waive the reading of Resolution No. 2017 -15, there being ample copies available to the public. Motion: That the Planning and Zoning Commission recommends that the City Council approve the Preliminary Plat for the property located at 4707 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. All required state and local codes, permits, licenses and inspections will be met and in full compliance. 2. The applicant shall be responsible for the cost of filing and recording written easements with the Anoka County Recorder's Office. 3. An approved Preliminary Plat shall be valid for a period of one near from the date of the City Council approval, In the event that a Final Plat is not submitted within this time period, the Preliminary Plat will become void. ATTACHMENTS Resolution No. 2017 -15 Application Preliminary Plat 158 CITY OF COLUMBIA HEIGHTS PRELIMINARY/ FINAL SUBDIVISION PLAT APPLICATION! To be filled out by City.. CASE NO.: DATE APPLIC. ORD. , 9.104(K) 9.104(L), 9.114(A) - 9.114(D) DATE LETTER O COMPLETION: PRESENT ZONING: APPROVAL DATE PER STATUTE: PRESENT LAND USE PLAN DESIGNATION: PRELIMINARY PLAT` FINAL PLAT REVIEW PERIOD EXTENDED: To be tilled oat by Applicant.- PROPOSED NAME OF PLAT: Central Avenue Ventures PROJECT ADDRESS/LOCATION: 4707 Central Avenue N8 Columbia Heights. MN LEGAL DESCRIPTION OF PROPERTY INVOLVED (attach separate page if necessary): Outlot C Grand Central Lofts Anoka Coup NIN. PRESENT USE OF PROPERTY: Vacant PROPOSED USE OF PROPERTY: onvenience store with fuel sales, coffee sho with drive up service & fast REASON FOR REQUEST (please attach a written narrative describing 9 approval. The narrative g must requirements describe the proposal to insure its compatibility with Surrounding uses and ifs consistency with Zoning requirements and the Comprehensive Plan.) APPLICANT Venture Faaners 1 l { PHONE 612.801.4313 FAX E -MAIL rrauwerdink@venturepass net PAGER ._ CELL #k ADDRESS 19620 '"raterfore Court CITY Shorewood STATE 2VN ZIP 55331 .FEE OWNER OF PROPERTY Anchor Baal rational Association. ADDRESS 1640 Utica Avenue S #1400 -- PHONE c�:s�1�s- � -��j� FAX r4 274-68?� CITY St. Louis Park STATE MN ZIP 55416 Page 7 of 2 159 CITY OF COLUMBIA HEIGHTS PRELIMINARY 1 FII4AL SUBDIVISION .PLAT APPLICATION THIS APPLICATION IS SUBJECT TO ACCEPTANCE BY THE CITY PLANNER AND REVIEW OF APPLICATION AND NECESSARY MATERIALS BEING SUBMITTED. ENGINEERING APPROVAL MAY ALSO BE REQUIRED AND MUST MEET ENGINEERING REQUIREMENTS SET BY THE CITY ENGINEER OR CONTAINED IN THE CITY CODE. ITEMS TO BE GIVEN TO APPLICANT WITH APPLICATION A. Procedures Manual —' B. Application Checklist C. Schedule of Planning and Zoning Commission Meetings ITEMS TO ACCOMPANY PRELIMINARY PLAT APPLICATION A. Plat submittals as required in the attached application checklist, showing how the property is to be subdivided: B. Two copies of a list of property owners within 350 feet of the subject property. ITEMS TO ACCOMPANY FINAL PLAT APPLICATION A. Plat submittals as required in the attached application checklist, showing how the property is to be subdivided. APPLICATION FEES A. $500.00 Preliminary Plat Fee + escrow B. $100.00 Final Plat Fee C, Park Dedication Fee D. City Sewer Availability Charge (SAC) E. City Water Availability Charge (WAC) F. Other $ 500.00 $ 10000 $ TBD $ TBD TOTAL AMOUNT RECEIVED $ 659�8� 4c, 0 CITY RECEIPT NUMBER U 'Q 3S DATE RECEIVED t �� Acknowledgement: The undersigned hereby represents upon all of the penalties of law, for the purpose of inducing the City of Columbia Heights to take the action herein requested, that all statements herein are true and that 0 ,work herein mentioned will be done in accordance with the Ordinances of the Cite of Columbia Heights fnt the State of Minnesota: TY OWNER SIGNATURE (If different from Applicant) � STAFF MEMBER AND � 1 -3 1 F-7 Revised: 2005 Approved by the Columbia Heights Planning Commission on Approved by the Columbia Heights City Council on Page 2 of 2 160 December 28, 2016 Elizabeth Holmbeck City Planner, City of Columbia Heights Community Development Department 590 40th Avenue NE Columbia Heights, MN 55421 RE: Site Plan Submittal Narrative for Central Avenue Ventures Development Dear Ms. Holmbeck: Hy -Vee, Inc. and Venture Pass Partners, LLC are proposing to plat and develop the vacant property located at 4707 Central Avenue NE into a convenience store with gasoline sales, a coffee shop with drive up, and restaurant. The 4,500 square foot convenience store will be considered to be a part of the Hy -Vee grocery store planned for 4300 Central Avenue. The coffee shop is proposed to be attached to the convenience store and have a drive up for customers to order and pick up coffee and a limited food menu from their vehicles. Twelve dispenser positions will be provided for fueling vehicles. The future restaurant on the north hall of the property is anticipated to be a fast food or fast casual operation of approximately 3,000 square feet with a drive through window. The site plan allows for adequate vehicle stacking and a bypass lane. Parking meets City requirements and is laid out to allow for safe and convenient vehicle circulation. Access to the site is proposed to be a three - quarter access off Central Avenue, and a full access from 47`h Avenue NE. The site topography changes significantly from Central Avenue to Grand Avenue, and will require retaining walls to make the site work from a grading standpoint. It is our understanding that this property is already zoned correctly for the uses proposed, but needs to be platted and the site plan approved. Please do not hesitate to contact me if you have any questions or need additional information for the review process. We look forward to working with the City on this project! Sincerely iohn Brehm, ASLA LEED AP Director, Site Planning Cc: Hy -Vee, Inc. 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