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HomeMy WebLinkAbout04-10-2017 CCPMayor C� COLUMBIA Donna Schmitt HEIGHCouncilmembers TS Robert A. Williams John Murzyn, Jr. City of Columbia Heights Connie8uesgens 59040 th Avenue NE, Columbia Heights, MN 55421 -3878 (763) 706 -3600 TDD (763) 706 -3692 City Manager Visit our website at: www.columbiaheightsmn.gov Walter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, April 10, 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 Bill Hugo, St Matthew Church 4. PLEDGE OF ALLEGIANCE S. ADDITIONS /DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 6. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Library Week Proclamation pg 4 B. Arbor Day Proclamation pg 5 C. Prayer Breakfast Proclamation pg 6 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 March 27, 2017 pg 7 MOTION: Move to approve the minutes of the City Council work session of March 27, 2017 pg 19 MOTION: Move to approve the minutes of the Special City Council meeting of April 3, 2017 pg 21 MOTION: Move to approve the minutes of the City Council work session of April 3, 2017 pg 26 B. Accept Board and Commission Meeting Minutes MOTION: Move to accept the Planning & Zoning minutes from March 7, 2017 pg 29 MOTION: Move to accept the Library Board minutes from March 1, 2017 pg 38 City of Columbia Heights City Council Agenda April 10, 2017 Page 2 C. Consideration of a Resolution Approving a Collective Bargaining Agreement Between the City of pg 40 Columbia Heights and Law Enforcement Labor Services, Inc., Local No. 311, Police Officers MOTION: To waive the reading of Resolution 2017 -30, there being ample copies available to the public. MOTION: To adopt Resolution 2017 -30 Regarding the Labor Agreement between the City of Columbia Heights and Law Enforcement Labor Services, Inc., Local No. 311, Police Officers, effective January 1, 2017 to December 31, 2018. D. Consideration of a Resolution Approving a Collective Bargaining Agreement Between the City of pg 45 Columbia Heights and Council No. 5, American Federation of State, County and Municipal Employees, Local No. 495 MOTION: To waive the reading of Resolution 2017 -31, there being ample copies available to the public. MOTION: To adopt Resolution 2017 -31 Regarding the Labor Agreement between the City of Columbia Heights and Council No. 5, American Federation of State, County and Municipal Employees, Local No. 495, effective January 1, 2017 to December 31, 2018. E. Consideration of a Resolution Approving a Memorandum of Understanding between the City of pg 50 Columbia Heights and the Public Managers Association and a Resolution Approving Changes to the City Manager's Compensation and Benefits. MOTION: Move to waive the reading of the resolutions, there being ample copies available to the public. MOTION: Move to adopt Resolution 2017 -32, regarding the Memorandum of Understanding between the City of Columbia Heights and the Public Managers' Association, effective January 1, 2017 - December 31, 2018. MOTION: Move to adopt Resolution 2017 -33, regarding the changes to the City Manager's compensation and benefits for 2017 and 2018. F. Adopt Resolution 2017 -34 Establishing a Public Hearing for 39th Avenue Mill & Overlay, Central Avenue to Huset Parkway Roundabout pg 55 MOTION: Move to waive the reading of Resolution 2017 -34, there being ample copies available to the public. MOTION: Move to adopt Resolution 2017 -34 being a resolution establishing a Public Improvement Hearing for May 1St, 2017 at 6:00 p.m. G. Goose Management Plan pg 67 MOTION: Move to accept the Goose Management Plan allowing summer removal of birds in high -use public spaces and locations of water quality concerns. H. Approve Final Plans and Order Advertisement for Bids for Central Avenue Safety Improvements, Project 1608 pg 81 MOTION: Move to accept the final plans prepared by SEH, Inc. and authorize staff to seek bids for the Central Avenue Safety Improvements from 47th to 51St Avenues, City Project No. 1608. I. Library Change Orders pg 82 MOTION: Move to approve contract Change Order No. 8 & 9 for Library Bid Package CP -2, Project 1410, to Ebert Construction in the amount of $37,630.13 for a new contract amount of $5,275,726.76. MOTION:Move to approve contract Change Order No. 5 for Library Bid Package CP -2, Project 1410, to Peoples Electric totaling $22,304 for a new contract amount of $849,178.00. J. Development Contract for Planet Fitness (Proposed Development at 51St Court NE.) pg 84 MOTION: Waive the reading of Resolution No. 2017 -35, there being ample copies available to the public. 2 City of Columbia Heights City Council Agenda April 10, 2017 Page 3 MOTION: Move to approve Resolution No. 2017 -35, being a resolution of the City Council of Columbia Heights, Minnesota, authorizing the execution of the Development Contract for Planet Fitness, between the City of Columbia Heights and Aisling Fitness, LLC. K. Approve Business License Applications pg 109 MOTION: Move to approve the items as listed on the business license agenda for April 10, 2017. L. Payment of Bills pg 111 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 165233 through 165383 in the amount of $ 412,409.54. MOTION: Move to approve the Consent Agenda items. 8. PUBLIC HEARINGS pg 119 A. Approving a Final Plat for Aisling Fitness, LLC for the three vacant lots located at 51St Court NE. MOTION: Move to close the public hearing and waive the reading of Resolution No. 2017 -29, there being ample copies available to the public. MOTION: Move to approve Resolution No. 2017 -29, approving the Final 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. 9. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1. Consideration of Resolution 2017 -20 A pg 133 Appointment to fill City Council Vacancy. (Tabled from April 3, 2017) MOTION: Motion to adopt Resolution No. 2017 -20, appointing to the City Council vacant seat, with the term expiring when their successor is elected and qualified in January, 2019. B. Bid Considerations C. New Business and Reports 10. ADMINISTRATIVE REPORTS Report from the City Council Report from the City Manager Report from 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 Ma ager 3 CH COLUMBIA HEIGHTS City of Columbia Heights I Library] 3939 Central Ave NE, Columbia Heights, MN 55421 • Ph: 763 - 706 -3690 • www.columbiaheightsmn.gov National Library Week April 9 -15, 2017 WHEREAS, libraries are not just about what we have for people, but what we do with and for people; WHEREAS, libraries have long served as trusted and treasured institutions, and library workers and librarians work hard to better our communities and provide for the needs of every member of our communities; WHEREAS, librarians are organizers and information experts who for centuries have offered their expertise to guide people to the best information resources; WHEREAS, libraries and librarians level the playing field for all by providing computer access and other technologies, critical to our society's changing information landscape and the skills needed to thrive in a digital world. WHEREAS, libraries and librarians provide opportunities and gathering spaces for community engagement and delivering programs and services to connect with patron's needs, including programming for children and teens, job- seeking resources, opportunities for English language learners, computer and technology assistance, and the power of reading. WHEREAS, libraries provide equal access to information for all library users regardless of race, ethnicity, creed, ability, sexual orientation, gender identity or socio- economic status; WHEREAS, librarians and library workers strive to serve all community members, including people of color, immigrants, people with disabilities, and the most vulnerable in our communities, offering services and educational resources that transform communities, open minds and promote inclusion and diversity; WHEREAS, libraries, librarians, library workers, and supporters all across America are celebrating National Library Week. NOW, THEREFORE, be it resolved that I, Donna Schmitt, Mayor of the City of Columbia Heights, proclaim National Library Week, April 9 -15, 2017. 1 encourage all residents to visit our library this week, explore what's new, and engage with our librarians and library staff. Remember, because of you and your support of the library— together with our librarians and library workers —we can truly say, "Libraries Transform." Dated this 101h day of April, 2017. Donna Schmitt, Mayor PROCLAMATION ARBOR DAY -ARBOR MONTH WHEREAS. In 1872, J Sterling .Morton proposed to the Nebraska Board of .Agriculture that a speciaCday be set aside for the planting of trees, and 'WHEREAS: this holiday, called.Arbor Day, was first observedlvith the planting of more than a miClion trees in Nebraska, and - WHEREAS: Arbor Day is now observed throughout the nation and the worCd, and - WHEREAS: trees can reduce the erosion of ourprecious topsoilby windand water, cut heating and cooling costs, moderate the temperature, clean the air, produce Cfe giving oxygen, andprovide habitat for 1v iCdlfe, and - WHEREAS: trees are a renewable resource giving us paper, woodfor our homes, fueCfor our fires and countCess other woodproducts, and - WHEREAS: trees in our city increase property values, enhance the economic vitality of business areas, andbeautify our com7nunity, and WHEREAS: trees, wherever they are planted, are a source of joy andspirituaC renewal: NOW, THEREFORE, I, Donna, Schmitt, -Mayor of Columbia Heights, .Minnesota, do hereby procCaim Friday, ApriC28, 2017, as .ARBOR Daly and the month of .May 2017 as ..Arbor Month in the state of wlinnesota. FURTHER: I urge aCl citizens to plant trees to gladden the hearts andproinote the ivelCbeing of present andfuture generations. DATED: 7"h is 1 o th day of .ApriC, 2 017 v Mayor Donna Schmitt �.�° (1 l �. Voss%) 21 COLUMBIA HEIGHTS COMMUNITY PRAYER BREAKFAST COLUMBIA HEIGHTS, MINNESOTA WHEREAS, in 1952 an event was inaugurated by leadership groups in the United States Senate and the House of Representatives and, WHEREAS, a voluntary committee of citizens has joined together in celebration of Columbia Heights to sponsor the Columbia Heights Community Prayer Breakfast, and WHEREAS, it shall be proclaimed "A Day of Personal Rededication in Columbia Heights," calling upon all citizens to join in quiet reverence and dedication as stated in the Declaration of Independence: "We hold these truths to be self - evident; that all men are created equal; they are endowed by their Creator with certain unalienable rights; that among these are life, liberty and the pursuit of happiness; that to secure these rights, governments are instituted among men..." NOW, THEREFORE, I, Donna Schmitt, Mayor of Columbia Heights, do hereby proclaim Wednesday, May 1o, 2017, as the date of the Columbia Heights Community Prayer Breakfast. Donna Schmitt, Mayor ... .sue 6 r i 1 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MARCH 27, 2017 The following are the minutes for the regular meeting of the City Council held at 7:00 PM on Monday March 27, 2017 in the City Council Chambers, City Hall, 590 40th Ave N.E., Columbia Heights, Minnesota 1. CALL TO ORDER Mayor Schmitt called the meeting to order at 7:03 p.m. 2. ROLL CALL Present: Mayor Schmitt, Councilmember Williams, Councilmember Murzyn, Jr. and Councilmember Buesgens Also Present: Walt Fehst; City Manager, Jim Hoeft; City Attorney, Kevin Hansen; Public Works Director, Gary Gorman; Fire Chief, John Larkin; Assistant Fire Chief and Katie Bruno; City Clerk /Council Secretary 3. INVOCATION Invocation provided by Bob Lyndes, Crest View Senior Community 4. PLEDGE OF ALLEGIANCE S. 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.) Mayor Schmitt announced two items will be added to the agenda under Proclamations, Presentations, Recognition, Announcements, and Guests. 1. An update from SACA 2. An update from Public Works Director Hansen regarding the Central Ave. street project. Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. to approve the Agenda as amended. All Ayes, Motion carried. 6. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Update from SACA Dave Rudolph representing SACA (Southern Anoka County Assistance) reported on the recent Fire & Ice Polar Plunge. Numerous sponsors and volunteers were thanked. Boy Scouts from Troop 119 were presented with a check for $500 from Northeast Bank. City Council Minutes March 27, 2017 Page 2 of 12 B. Central Ave. construction update. Kevin Hansen, Public Works Director reported the City has obtained a MNDOT grant for safety improvements along Central Ave. from 47th Ave. to 51St Ave. Improvements include extensive street lighting and sidewalk improvements. About twelve people attended an open house held on March 23rd Access issues were a concern of the business owners in attendance. Hansen suggested the possibility of extending the project south to 43rd Ave. in the coming years. 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 March 13, 2017 MOTION: Move to approve the minutes of the City Council work session of March 13, 2017 B. Accept Board and Commission Meeting Minutes MOTION: Move to accept the EDA Minutes from February 6, 2017 C. Consideration of Appointments to Advisory Commissions. MOTION: Move to re- appoint volunteers to serve on various commissions as recommended D. Resolution 2017 -21 Declaring the Intent to Bond for Water Main Construction, Project 1703 and For Storm Sewer Construction, Project 1706 MOTION: Move to waive the reading of Resolution 2017 -21, there being ample copies available to the public. MOTION: Move to adopt Resolution 2017 -21, being a resolution approving the declaration for the official intent of the City of Columbia Heights to bond for the 2017 Water Main Construction, Project 1703 and for the 2017 Storm Sewer Construction, Project 1706. E. Award of Professional Services for Keyes Park MOTION: Move to award the Keyes Park Improvements, Municipal Project No.1610, to the consulting engineering firm of ISG based upon their qualified, responsible proposal for a cost not -to- exceed $35,000 appropriated from Fund 412 - 51610 -3050. F. Adopt Resolution 2017 -23 Awarding Street Striping, Resolution 2017 -24 Awarding Crack Sealing, Resolution 2017 -25 Awarding Seal Coating, and Resolution 2016 -26 Awarding Fog Sealing MOTION: — STREET STRIPING: Move to waive the reading of Resolution 2017 -23 there being ample copies available to the public. MOTION: Move to adopt Resolution 2017 -23, being a resolution awarding the Joint Powers Agreement Contract with the City of Coon Rapids for the 2017 Street Striping Project to Sir Lines -A -Lot, Inc. based upon their low, qualified, responsible bid in the amount of $17.00 per gallon for Street Markings, $70.00 per gallon for Parking Lot Markings, and $75.00 per gallon for Street Symbol Markings with an estimated cost of $3,045 to be appropriated from Fund 212 - 43190 -4000, $560 to be appropriated from Fund 101- City Council Minutes March 27, 2017 Page 3 of 12 43170 -4000, and $350 to be appropriated from Fund 411 - 51401 -4000. MOTION: —CRACK SEALING: Move to waive the reading of Resolution 2017 -24, there being ample copies available to the public. MOTION: Move to adopt Resolution 2017 -24, being a resolution awarding the Joint Powers Agreement Contract with the City of Coon Rapids for the 2017 Crack Sealing Project to Allied Blacktop Co. based upon their low, qualified, responsible bid in the amount of $0.67 per lineal foot for rout and seal crack sealing and $0.36 per lineal foot for blow and go crack sealing with an estimated cost of $10,450 to be appropriated from Fund 430 - 46323 -4000, and $1,140 to be appropriated from Fund 411 - 51401 -4000. MOTION: —SEAL COATING: Move to waive the reading of Resolution 2017 -25, there being ample copies available to the public. MOTION: Move to adopt Resolution 2017 -25, being a resolution awarding the Joint Powers Agreement Contract with the City of Coon Rapids for the 2017 Seal Coating Project to Pearson Bros. Inc. based upon their low, qualified, responsible bid in the amount of $1.78 per gallon of emulsion and $0.77 per square yard of FA -2 aggregate (local streets) and 0.82 per square yard of FA -1, 1/8" aggregate (parking lots) with an estimated cost of $118,470 to be appropriated from Fund 415 - 51601 -4000 and $4,300 to be appropriated from Fund 411 - 51401 -4000. MOTION: — FOG SEALING: Move to waive the reading of Resolution 2017 -26, there being ample copies available to the public. MOTION: Move to adopt Resolution 2017 -26, being a resolution awarding the Joint Powers Agreement Contract with the City of Coon Rapids for the 2017 Fog Sealing Project to Allied Blacktop Co. based upon their low, qualified, responsible bid in the amount of $4.00 per gallon of emulsion for select parking lots with an estimated cost of $240 to be appropriated from Fund 411 - 51401 -4000. G. Consideration of approval of attached list of rental housing applications. MOTION: Move to approve the items listed for rental housing license applications for March 27, 2017, in that they hAve. met the requirements of the Property Maintenance Code. H. Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for March 27, 2017. I. 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 165084 through 165232 in the amount of $ 544,816.25. J. Consideration of Resolution supporting Local Decision- making Authority. *Removed for discussion. K. Resolution 2017 -27 supporting Dedicated Street Funding Source. *Removed for discussion. Mayor Schmitt requested Item J be removed for discussion. Councilmember Murzyn, Jr. requested Item K be removed for discussion. City Council Minutes March 27, 2017 Page 4 of 12 Motion by Councilmember Buesgens, seconded by Councilmember Williams to approve the Consent Agenda as amended. All Ayes, Motion Carried. The following items were removed for discussion: J. Consideration of Resolution supporting Local Decision - making Authority City Manager Walt Fehst explained that there are proposed items being considered that would affect cities negatively. Fehst reported one of the items relates to a reverse referendum which could affect the City's budgeting process. Manager Fehst read the resolution being considered, commenting that numerous similar have been introduced his year. Motion by Councilmember Buesgens, seconded by Councilmember Williams to waive the reading of Resolution No. 2017 -28, there being ample copies available to the public. All Ayes, Motion carried. Councilmember Buesgens stated she is support of the resolution. Mayor Schmitt expressed concern with approving a blanket approval for any local control items that come before the legislature. Schmitt suggested reviewing items on an item by item basis. Fehst reported another item would allow for the restriction of the local authority to regulate companies seeking to install small cell wireless technology in public rights of way. Motion by Councilmember Buesgens, seconded by Councilmember Williams to direct the City Manager to send a letter of opposition to both the Reverse Referendum bill and the Small Cell Technology bill to the League of Minnesota Cities, Representative Kunesh - Podein and Senator Laine. All Ayes, Motion carried. K. Resolution 2017 -27 supporting Dedicated Street Funding Source Kevin Hansen, Public Works Director reported A $10.00 surcharge on license tab fees and motor vehicle title transfers is being considered for possible inclusion in the omnibus transportation bill. The League of Minnesota Cities estimates the annual revenue generated for the City of Columbia Heights would be $124,760 to use towards street related improvements; road reconstruction, sidewalks and trails. Hansen reported the City Council would determine how to use the funding if approved. Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. to waive the reading of Resolution 2017 -27, there being ample copies available to the public. All Ayes, Motion carried. Councilmember Buesgens questioned how this is different from other funding sources. Hansen reported currently funding is received through a gasoline tax. Councilmember Murzyn, Jr. said this is a good way to offset some of the assessment charges. Mayor Schmitt asked what the seal coat cost is. Hansen indicated the range per average street (1 block) reconstruction is about $180,000 - $200,000. Sealcoating is about $12,000 - $15,000 per block. Sidewalks, approximately $40,000 per block. Mayor Schmitt indicated she is not in favor of charging residents an additional $10 tax on license tab fees. Schmitt commented that residents will still be assessed the regular rate, and questioned if additional repairs will be done, because of the extra money. Director Hansen indicated the funds can be used to offset some of the assessment costs; it will be the councils' decision. 10 City Council Minutes March 27, 2017 Page 5 of 12 Motion by Councilmember Buesgens, seconded by Councilmember Williams to adopt Resolution 2017 -27, being a resolution supporting dedicated state funding for city streets. 3 Ayes, 1 Nay: Motion carried. Ayes: Buesgens, Williams and Murzyn, Jr. Nay: Schmitt. 8. PUBLIC HEARINGS 9. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1. Consideration of Resolution 2017 -20, Appointment to fill City Council Vacancy Mayor Schmitt reported the council has reviewed and interviewed 17 applicants for the consideration of appointment to the vacant council seat. Two candidates, Sean Broom and Nick Novitsky were interviewed for a second time. Councilmember Buesgens spoke on the process implemented by the Charter Commission. It was reported that at the January Charter Commission meeting, the members did not recommend any changes to the section regarding vacancies on the council. Buesgens indicated she will respect the process as outlined in the Charter. Councilmember Williams agreed with Councilmember Buesgens, stating there are 17 qualified candidates, and he would support the appointment of Nick Novitsky, based on his qualifications and his placement in the election. Councilmember Murzyn, Jr. agreed that the appointment should be Nick Novitsky based on the recent election. Mayor Schmitt asked for comments from the public. Jerry Klein -2207 N Upland Crest suggested the council look for a candidate with a balance of ideas. Sean Clerkin -509 Mill St NE spoke in favor of Nick Novitsky, stating he has been an asset to the Lions, and he has the ability to work well with others. Clerkin also commented that the election results should be considered. Nelson Moore, Sr. -1323 41St Ave. N offered support for Nick Novitsky, stating he cares for the community, and is influential. Moore also commented that the election results should be considered. Dewayne Morrell -4212 Reservoir Blvd. requested Councilmember Williams resign from the council in order to open up two vacancies, for both of the top candidates. Phillip Singh -5245 6th St NE spoke in favor of Nick Novitsky. Singh has known Novitsky for many years and described him as hard working and present in the community. Motion by Mayor Schmitt, seconded by Councilmember Williams to change the recommend motion as follows: m City Council Minutes March 27, 2017 Page 6 of 12 Motion to adopt Resolution No. 2017 -20, appointing to the City Council vacant seat, with the term expiring 44endG L, 4an6;GFy ; 21T when their successor is elected and qualified in January, 2019. All Ayes, Motion carried. Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. to adopt Resolution No. 2017 -20, appointing Nick Novitsky to the City Council vacant seat, with the term expiring when their successor is elected and qualified in January, 2019. 2 Ayes, 2 Nays: Motion failed. Motion by Councilmember Buesgens, seconded by Councilmember Schmitt to adopt Resolution No. 2017 -20, appointing Sean Broom to the City Council vacant seat, with the term expiring when their successor is elected and qualified in January, 2019. 2 Ayes, 2 Nays: Motion failed. Mayor Schmitt questioned Councilmember Williams required qualifications of "living in the City for a long time" questioning Williams' residency when he was elected in 2000, based on his campaign materials. Schmitt questioned why he would not be willing to support a candidate who has lived in the city 3 or 4 years. Councilmember Williams stated he does not know Sean Broom very well, and has known Nick Novitsky for a long time. Councilmember Buesgens indicated she is looking to appoint a candidate with background experience, knowledge, education and the ability to represent the younger residents. Councilmember Murzyn, Jr. stated he feels that the election results should be honored. Councilmember Buesgens questioned if Murzyn, Jr. is choosing not to follow the process of the Charter. Murzyn, Jr, stated he has followed the guidelines of the Charter. Mayor Schmitt asked the council if they would like to look at any of the other candidates a second time. Councilmember Buesgens suggested considering Ted Landwehr, Catherine Vesley, Tim Fitz, Denelle Bing, Christine Nelson, Frost Simula and Jerome Klein. Councilmember Williams suggested Tami Diehm and Tim Fitz. Councilmember Murzyn, Jr. said he would like to review the list of applicants again before deciding. Councilmember Buesgens indicated she would like the opportunity to have a second interview with the listed candidates. Mayor Schmitt asked councilmembers to send questions to Kelli Bourgeois for review. Motion by Councilmember Buesgens, seconded by Councilmember Murzyn, Jr. to table the item until Monday April 3, 2017 at 4:00 PM. All Ayes, Motion carried. City Attorney Hoeft indicated that by naming the names of interest tonight, does not remove any of the 17 candidates from the process. 12 City Council Minutes March 27, 2017 Page 7 of 12 B. Bid Considerations C. New Business and Reports 10. ADMINISTRATIVE REPORTS Councilmember Buesgens reported she attended the Legislative Conference on March 23rd Mayor Schmitt reported an intern through the Mississippi Watershed will be working with the Community Development department for two weeks this summer. The Mayor also attended the legislative conference, and a recent Multi- cultural advisory commission meeting. City Manager Walt Fehst expressed his appreciation for the outstanding job that Dave Rudolph has done as Manager of SACA. Fehst announced a retirement reception in honor of Barb Kondrick; Adult Services Librarian will be on Friday, April 7th. A meeting is scheduled for Saturday, April 1St with community members to address the safety issues along 49th Ave. 11. CITIZENS FORUM Clifford Johnson -1027 43 % Ave. stated he has noticed a serious trash issue for a long time, primarily in multi- tenant residential areas and requested the Council consider enacting a ordinance requiring shelter for receptacles in addition to a certain number of receptacles based on occupancy. Jane Polley -4109 Cleveland St NE commented that she has noticed a problem with trash along Central Ave. as well as at the entrances to many businesses in the community. Ms. Polley questioned if there are policies regarding businesses and receptacles. Director Hansen reported the City contracts for residential waste service, and businesses are responsible to hire their own contactor. Malcom Watson -1717 49th Ave. NE cautioned the council about engaging in conflict, as this can cause negative publicity, and reflect poorly on the stability of the community. Frost Simula -1700 49th Ave. NE announced Heights Next will be hosting a pot -luck dinner on March 30th, at Community United Methodist Church. Sean Broom -4117 5th St NE announced the group Citizens for Safer Streets will be meeting on Saturday, April 1St to address the safety issues along 49th Ave. Mr. Broom addressed the council, and urged them to professionally work together to appoint a councilmember to fill the vacancy. Luis Sacta -4005 Central Ave. NE requested the council consider offering a 2:00 AM Liquor License. City Manager Walt Fehst suggested Mr. Sacta submit a letter to the City, and he will see it is reviewed. 13 City Council Minutes March 27, 2017 Page 8 of 12 Tim Utz -4141 Stinson asked for clarification on the intent of the meeting on April 3`d. Mayor Schmitt explained the council may want to ask questions of some candidates, noting it would be advisable for the candidates to be there. Schmitt reiterated that all 17 candidates are still being considered. Councilmember Buesgens requested clarification. Mayor Schmitt stated all candidates are invited, and may be asked questions. Margo Ashmore - Northeaster Newspaper asked if the council would consider asking applicants if they would be willing to fill the vacancy, and not file for office in 2019. Dewayne Morrell -4212 Reservoir Blvd spoke against the $60 annual fee for yard waste containers. Mayor Schmitt indicated the containers are optional. Director Hansen indicated about 200 -300 residents use the containers. Julienne Wyckoff -789 Parkside Ln stated her frustration with the trash and cigarette butts at Sullivan Park. She has contacted Medtronic regarding the issue, and was told their employees have been asked to refrain from littering. Ms. Wyckoff requested the council consider banning smoking in all parks. When Ms. Wyckoff was also frustrated when she arrived at City Hall to address the council, and the front door was locked. City Manager Walt Fehst apologized and commented that the door can be programmed to remain open later. Councilmember Buesgens stated she would like to see a city -led collaborative "Keep Heights Clean" campaign. She suggested working with the school and businesses to discuss ideas. Buesgens agreed an ordinance to address trash receptacles is a good idea. Buesgens reported a local artist has obtained grants to place artistic receptacles along Central Ave. this summer. Tony Bodway -1070 Grandview Ct NE reported trash is a daily problem for his business on Central Ave., and is concerned it will escalate. Mr. Bodway said he would be willing to help work towards a solution. 12. ADJOURNMENT Motion by Councilmember Williams, seconded by Councilmember Buesgens to adjourn. All Ayes, Motion Carried. Meeting adjourned at 9:25 p.m. Respectively Submitted, Katie Bruno, Council Secretary /City Clerk 14 City Council Minutes March 27, 2017 Page 9 of 12 2017 -21 A resolution of the City Council for the City of Columbia Heights, Minnesota, WHEREAS, the Internal Revenue Service has issued Tres. Reg. 1.140.2 providing that proceeds of tax exempt bond used to reimburse prior expenditures will be not be deemed spent unless certain requirements are met; and, WHEREAS, the City of Columbia Heights (the "City') expects to incur certain expenditures which may be financed temporarily from sources other than bonds, and reimbursed from the proceeds of a bond; 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 I. The City reasonably intends to make expenditures for Project No. 1703 consisting of Water Main Construction on Main Street and reasonably intends to reimburse itself for such expenditures from the proceeds of debt to be issued by the City in one or more series in the maximum principal amount of $325,000. 2. The City reasonably intends to make expenditures for Project No. 1706 consisting of Storm Sewer Construction on 40th Avenue and reasonably intends to reimburse itself for such expenditures from the proceeds of debt to be issued by the City in one or more series in the maximum principal amount of $217,000. 3. This resolution is intended to constitute a declaration of official intent for purposes of Tres. Reg. 1.150 -2 and any successor law, regulating or ruling. RESOLUTION NO. 2017 -23 A resolution of the City Council for the City of Columbia Heights, Minnesota, WHEREAS, the City Council of Columbia Heights entered into a joint powers agreement with the City of Coon Rapids to administer the public bidding process including entering into a contract with the low, qualified, responsible bidder, and WHEREAS, pursuant to an advertisement for bids for 2017 Pavement Markings, bids were received, opened and tabulated according to law. Now therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of Columbia Heights makes the following: FINDINGS OF FACT The following bids were received by the City of Coon Rapids complying with the advertisement: Company Amount Sir Lines -A -Lot Inc. $ 147,331.00 AAA Striping Service Co. $ 156,916.12 Warning Lites of Minnesota $ 177,835.85 15 City Council Minutes March 27, 2017 Page 10 of 12 It appears that Sir Lines -A -Lot, Inc. of Edina, Minnesota is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA 1. The City of Coon Rapids is hereby authorized to enter into a contract with Sir Lines -A -Lot, Inc. on behalf of the City of Columbia Heights for 2017 Pavement Markings, according to the specifications for said project and accepting Sir Lines -A -Lot, Inc. bid. 2. The City Manager of Columbia Heights is authorized to expend funds in accordance with the terms of the Joint Powers Agreement and the Bid Documents. 3. City Pavement Markings Project shall be funded with state aid maintenance and general funds. RESOLUTION NO. 2017 -24 A resolution of the City Council for the City of Columbia Heights, Minnesota, WHEREAS, the City Council of Columbia Heights entered into a joint powers agreement with the City of Coon Rapids to administer the public bidding process including entering into a contract with the low, qualified, responsible bidder, and WHEREAS, pursuant to an advertisement for bids for 2017 Crack Sealing, bids were received, opened and tabulated according to law. Now therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of Columbia Heights makes the following: FINDINGS OF FACT The following bids were received by the City of Coon Rapids complying with the advertisement: Company Amount Allied Blacktop Co. $ 246,129.11 Fahrner Asphalt Sealers LLC $ 315,663.00 Asphalt Surface Technologies Corp. $ 322,306.23 It appears that Allied Blacktop Co. of Maple Grove, Minnesota is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA 1. The City of Coon Rapids is hereby authorized to enter into a contract with Allied Blacktop Co. on behalf of the City of Columbia Heights for 2017 Crack Sealing, according to the specifications for said project and accepting Allied Blacktop Co. bid. 2. The City Manager of Columbia Heights is authorized to expend funds in accordance with the terms of the Joint Powers Agreement and the Bid Documents. 3. City Crack Sealing Project shall be funded with infrastructure and general funds. RESOLUTION 2017 -25 A resolution of the City Council for the City of Columbia Heights, Minnesota, WHEREAS, the City Council of Columbia Heights entered into a joint powers agreement with the City of Coon Rapids to administer the public bidding process including entering into a contract with the low, qualified, responsible bidder, and WHEREAS, pursuant to an advertisement for bids for 2017 Seal Coating, bids were received, opened and tabulated according to law. Now therefore, in accordance with the foregoing, and all ordinances and regulations of the City 16 City Council Minutes March 27, 2017 Page 11 of 12 of Columbia Heights, the City Council of Columbia Heights makes the following: FINDINGS OF FACT The following bids were received by the City of Coon Rapids complying with the advertisement: Base Bid Amount Alternate Bid Amount Company (Trap Rock) (Granite) Pearson Bros., Inc. $ 1,929,012.13 $ 1,902,724.96 Allied Blacktop Co. $ 2,016,615.79 $ 2,005,349.86 Asphalt Surface Technologies Corp. $ 2,205,017.94 $ 2,186,241.39 It appears that Pearson Bros., Inc. of Hanover, Minnesota is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA 1. The City of Coon Rapids is hereby authorized to enter into a contract with Pearson Bros., Inc. on behalf of the City of Columbia Heights for 2017 Seal Coating, according to the specifications for said project and accepting Pearson Bros., Inc. bid. 2. The City Manager of Columbia Heights is authorized to expend funds in accordance with the terms of the Joint Powers Agreement and the Bid Documents. 3. City Seal Coating Project shall be funded with special assessment, infrastructure and general funds. RESOLUTION NO 2017 -26 A resolution of the City Council for the City of Columbia Heights, Minnesota, WHEREAS, the City Council of Columbia Heights entered into a joint powers agreement with the City of Coon Rapids to administer the public bidding process including entering into a contract with the low, qualified, responsible bidder, and WHEREAS, pursuant to an advertisement for bids for 2017 Fog Sealing, bids were received, opened and tabulated according to law. Now therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of Columbia Heights makes the following: FINDINGS OF FACT The following bids were received by the City of Coon Rapids complying with the advertisement: Company Amount Allied Blacktop Co. $ 116,063.10 Asphalt Surface Technologies Corp. $ 183,856.50 Pearson Bros., Inc. $ 215,618.00 It appears that Allied Blacktop Co. of Maple Grove, Minnesota is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA I. The City of Coon Rapids is hereby authorized to enter into a contract with Allied Blacktop Co. on behalf of the City of Columbia Heights for 2017 Fog Sealing, according to the specifications for said project and accepting Allied Blacktop Co. bid. 2. The City Manager of Columbia Heights is authorized to expend funds in accordance with the terms of the Joint Powers Agreement and the Bid Documents. 3. City Fog Sealing Project shall be funded with general funds. 17 City Council Minutes March 27, 2017 Page 12 of 12 Resolution No 2017 -27 A RESOLUTION SUPPORTING DEDICATED STATE FUNDING FOR CITY STREETS WHEREAS, Minnesota contains over 141,000 miles of roadway, and over 22,500 miles —or 16 percent - -are owned and maintained by Minnesota's 853 cities; and WHEREAS, almost 85 percent of municipal streets are ineligible for dedicated Highway User Tax Distribution Fund dollars; and WHEREAS, the more than 700 Minnesota cities with populations below 5,000 are ineligible for dedicated Highway User Tax Distribution Fund dollars; and WHEREAS, city streets are a separate but integral piece of the network of roads supporting movement of people and goods; and WHEREAS, existing funding mechanisms, such as Municipal State Aid (MSA), property taxes and special assessments, have limited applications, leaving cities under - equipped to address growing needs; and WHEREAS, city cost participation in state and county highway projects diverts resources from city -owned streets; and WHEREAS, maintenance costs increase as road systems age, and no city - -large or small —is spending enough on roadway capital improvements to maintain a 50 -year lifecycle; and WHEREAS, for every one dollar spent on maintenance, a road authority- -and therefore taxpayers - -save seven dollars in repairs; and WHEREAS, cities need greater resources, including an additional dedicated state funding source for transportation, and flexible policies in order to meet growing demands for street improvements and maintenance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF COLUMBIA HEIGHTS that the City of Columbia Heights supports an omnibus transportation funding bill that provides additional dedicated state funding for city streets including funding that can be used for non -MSA city street maintenance, construction and reconstruction. ADOPTED by the City of Columbia Heights this 27`h day of March, 2017. 18 Meeting of: Date of Meeting: Time of Meeting: Location of Meeting: Purpose of Meeting: COLUMBIA HEIGHTS CITY COUNCIL March 27, 2017 600 PM Council Chambers Interview of Candidates for Vacancy on the City Council CALL TO ORDER /ROLL CALL - The meeting was called to order at 6:03 PM Present: Mayor Schmitt, Councilmembers Murzyn Jr, Williams and Buesgens Also Present: Walt Fehst; City Manager and Katie Bruno; City Clerk The following eight questions were asked of each of the candidates: 1. Our city has now acquired a grocery store, which was our number one priority on our list, what do you think is our next priority. Please be specific and explain why it needs to be a priority 2. What strengths and skills can you add to the council that we do not currently have? 3. We are a Charter City. If you could change anything in our charter, what would it be? 4. What new thing would you like to see done in the city in the next 10 years that could benefit the children of the City? 5. What do you foresee as the challenges of the position of a city council member? 6. Give me one new idea as to how the city can engage the community? 7. If you are the best applicant for this job, why did you lose the election? 8. What is the one question you were hoping we wouldn't ask? The following two Candidates were interviewed: Sean Broom The interview began at 6:03, and concluded at 6:15. Nick Novitsky The interview began at 6:15, and concluded at 6:20. Councilmember Williams stated Nick Novitsky is a strong candidate, and he possesses strong leadership abilities. Mayor Schmitt invited the public to comment. ID City Council Interviews March 27, 2017 Page 2 of 2 Kevin Gilbertson -550 46th Ave NE offered his support for Nick Novitsky, stating he is very active in the community. Gilbertson indicated he feels it is common sense to appoint the individual who came in third place in the recent election. Angie Novitsky -5216 5th St NE spoke in support of Nick Novitsky, describing him as a great listener and open minded. Mary Granlund -949 44th Ave NE spoke in support of Sean Broom indicating she has been inspired by Sean's passion and tenacity for the community. Ms. Granlund shared some of her concerns with the future of the City. Frost Simula -1700 49th Ave NE spoke regarding the process outlined in the Charter, indicated he is on the Charter Commission, and he plans to discuss the process with the other members at the next meeting. Kathryn Snyder -5210 5th St NE spoke in favor of Nick Novitsky, indicating she is impressed with his ability to listen to everyone. Kathy Trupe -3740 2% St NE stated she feels the council should honor the voters next choice; Nick Novitsky. Mayor Schmitt stated the discussion will be continued at the regular Council Meeting. Motion by Councilmember Williams, seconded by Councilmember Buesgens to adjourn. All Ayes, Motion Carried. Meeting Adjourned at 6:36 PM Respectively Submitted, Katie Bruno, Council Secretary /City Clerk ego] Meeting of: Date of Meeting: Time of Meeting: Location of Meeting: Purpose of Meeting: COLUMBIA HEIGHTS CITY COUNCIL SPECIAL MEETING April 3, 2017 4:00 PM Council Chambers Continuation of Item 9A1 from the March 27th City Council Meeting. CALL TO ORDER /ROLL CALL - The meeting was called to order at 4:10 PM Present: Mayor Schmitt, Councilmembers Murzyn Jr, Williams and Buesgens Also Present: Walt Fehst; City Manager, Jim Hoeft; City Attorney and Katie Bruno; City Clerk Mayor Schmitt announced this is the continuation of the item tabled at the March 27th meeting, Consideration of Resolution 2017 -20, Appointment to fill City Council Vacancy, and the council would be calling specific candidates to the podium to answer questions. Tim Fitz was called to the podium at 4.11 Councilmember Buesgens asked the following questions: • Does our city need bike paths? If so, how would you convince NIMFY's to allow them? • Who do you see as the voiceless in our community? Councilmember Williams asked the following question: • What do you enjoy about coaching? Councilmember Murzyn, Jr. asked the following questions: • What would you do if you didn't agree with a decision the City Council made (you voted against it but were the only "no" vote)? What if you didn't agree with a decision a staff person made? • Do you plan on running for City Council or Mayor once the term of this appointed position is up? Mayor Schmitt asked the following questions: • How many ideas can you come up with in three minutes for improving Central Avenue? • Let's say you have an 8- year -old living in your household. Ten years from now they will be 18. What would you like to see done in the city in the next 10 years that could benefit them as they grow and prepare for their future? Frost Simula was called to the podium at 4.20 Councilmember Buesgens asked the following questions: • Now that we have accomplished our number one priority, obtaining a grocery store, what do see, based on your knowledge of the town and its people as the next logical priority? • What role could the council plan in attracting new and innovative tech companies to our industrial park or in our business districts? Councilmember Williams asked the following question: • What would you do to address the problem of predatory remodeling on the City? 9 City Council Interviews April 3, 2017 Page 2 of 5 Councilmember Murzyn, Jr. asked the following questions: • What would you do if you didn't agree with a decision the City Council made (you voted against it but were the only "no" vote)? What if you didn't agree with a decision a staff person made? • Do you plan on running for City Council or Mayor once the term of this appointed position is up? Mayor Schmitt asked the following question: • We are a Charter City. If you could change anything in our charter, what would it be? • How many ideas can you come up with in three minutes for improving 40th Avenue? Denelle Bing was called to the podium at 4.27 Councilmember Buesgens asked the following questions: • What area of the city would you focus on 1St for improving walkability? • How would you define a sustainable city? Councilmember Williams asked the following questions: • What does the All America City Award mean to you? • What does being named a City of Peace mean to you? Councilmember Murzyn, Jr. asked the following questions: • What would you do if you didn't agree with a decision the City Council made (you voted against it but were the only "no" vote)? What if you didn't agree with a decision a staff person made? • Do you plan on running for City Council or Mayor once the term of this appointed position is up? Mayor Schmitt asked the following question: • How many ideas can you come up with in three minutes for improving 40th Avenue? • Let's say you have an 8- year -old living in your household. Ten years from now they will be 18. What would you like to see done in the city in the next 10 years that could benefit them as they grow and prepare for their future? Christine Nelson was called to the podium at 4.37 Councilmember Buesgens asked the following questions: • What pedestrian crossing concerns you the most? • Why do you consider our "rich immigrant city" as a strength? Councilmember Murzyn, Jr. asked the following questions: • What would you do if you didn't agree with a decision the City Council made (you voted against it but were the only "no" vote)? What if you didn't agree with a decision a staff person made? • Do you plan on running for City Council or Mayor once the term of this appointed position is up? Mayor Schmitt asked the following questions: • When I say we are subject to "Open Meeting Law ", what does that mean to you? Do you think that we have failed in following Open Meeting Law? If so, where? • We are a Charter City. If you could change anything in our charter, what would it be? `0A City Council Interviews April 3, 2017 Page 3 of 5 Councilmember Williams asked the following questions: • What does the All America City Award mean to you? • What does being named a City of Peace mean to you? Ted Landwehr was called to the podium at 4.45 Councilmember Buesgens asked the following questions: • Given the fact that our city's budget is very tight. Can you give me an example of what you mean by maximizing the efficiency of our resources which you talked about in your application. • Are discussions important when topics are brought before the city council? Councilmember Williams asked the following questions: • What does the All America City Award mean to you? • What does being named a City of Peace mean to you? • What wisdom have you gained from experience? Councilmember Murzyn, Jr. asked the following questions: • What would you do if you didn't agree with a decision the City Council made (you voted against it but were the only "no" vote)? What if you didn't agree with a decision a staff person made? • Do you plan on running for City Council or Mayor once the term of this appointed position is up? Mayor Schmitt asked the following questions: • How many ideas can you come up with in three minutes for improving University Avenue? • We are a Charter City. If you could change anything in our charter, what would it be? Jerry Klein was called to the podium at 4:53 Councilmember Buesgens asked the following questions: • You stated at your last interview and your application that you would like to see more housing for seniors. What do you see are the needs for our younger people? • Now that we have accomplished our first priority of a grocery store /library. What do you think the city's next priority needs to be? Councilmember Williams asked the following questions: • What does the All America City Award mean to you? • What do you think of the youth movement in our City? Councilmember Murzyn, Jr. asked the following questions: • What would you do if you didn't agree with a decision the City Council made (you voted against it but were the only "no" vote)? What if you didn't agree with a decision a staff person made? • Do you plan on running for City Council or Mayor once the term of this appointed position is up? Mayor Schmitt asked the following questions: • When I say we are subject to "Open Meeting Law ", what does that mean to you? Do you think that we have failed in following Open Meeting Law? If so, where? 23 City Council Interviews April 3, 2017 Page 4 of 5 • How many ideas can you come up with in three minutes for improving Central Avenue? Bruce Nawrocki was called to the podium at 5.11 Councilmember Williams asked the following questions: • What does the All America City Award mean to you? • What do you think of the new library? • What does being named a City of Peace mean to you? Councilmember Murzyn, Jr. asked the following questions: • What would you do if you didn't agree with a decision a staff person made? Councilmember Buesgens asked the following questions: • Now that we have accomplished our number one priority, obtaining a grocery store, what do see, based on your knowledge of the town and its people as the next logical priority? Mayor Schmitt asked the following questions: • When I say we are subject to "Open Meeting Law ", what does that mean to you? Do you think that we have failed in following Open Meeting Law? If so, where? • We are a Charter City. If you could change anything in our charter, what would it be? Stan Hoium was called to the podium at 5.24 Councilmember Williams asked the following questions: • Do you see a conflict with the possibility of having three councilmembers as Lion's Club members? • What does the All America City Award mean to you? Councilmember Murzyn, Jr. asked the following questions: • What would you do if you didn't agree with a decision the City Council made (you voted against it but were the only "no" vote)? What if you didn't agree with a decision a staff person made? • Do you plan on running for City Council or Mayor once the term of this appointed position is up? Councilmember Buesgens asked the following questions: • Last summer you told me that you disagreed with Planning and Zoning's request for a moratorium on auto repair shops in Columbia Heights. You said "Let them sue us! " Do you still stand by that comment? Now that we have accomplished our number one priority, obtaining a grocery store, what do see, based on your knowledge of the town and its people as the next logical priority? Mayor Schmitt asked the following questions: • How many ideas can you come up with in three minutes for improving 40th Avenue? • What does a successful council member look like? Motion by Councilmember Buesgens, seconded by Councilmember Murzyn, Jr. to recess for five minutes. All Ayes, Motion Carried. The council recessed at 5:35. 24 City Council Interviews April 3, 2017 Page 5 of 5 The Council reconvened at 5:44. Councilmember Buesgens clarified she is basing her criteria on what she heard from residents when she was campaigning. Councilmember Williams indicated he is in favor of videotaping the meetings and clarified that the original request was not brought before the whole council for a decision. Mayor Schmitt asked the council if there is any interest in considering Sean Broom or Nick Novitsky. The members all indicated they would not change their vote from March 27tH Mayor Schmitt asked the members to write down the name of one person they think world get three votes. Councilmember Buesgens chose Tim Fitze. Councilmember Williams chose Bruce Nawrocki. Councilmember Murzyn, Jr. chose Bruce Nawrocki. Mayor Schmitt chose Ted Landwehr. Motion by Councilmember Buesgens to appoint Tim Fitze to the City Council vacant seat, with the term expiring when their successor is elected and qualified in January, 2019. Motion died for lack of a second. Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. to appoint Bruce Nawrocki to the City Council vacant seat, with the term expiring when their successor is elected and qualified in January, 2019. 2 Ayes; 2 Nays, Motion failed. Ayes: Williams, Murzyn, Jr. Nays: Schmitt, Buesgens. Motion by Mayor Schmitt, seconded by Councilmember Buesgens to appoint Ted Landwehr to the City Council vacant seat, with the term expiring when their successor is elected and qualified in January, 2019, 2 Ayes; 2 Nays, Motion failed. Ayes: Schmitt, Buesgens. Nays: Williams, Murzyn, Jr. Motion by Councilmember Murzyn, Jr., seconded by Councilmember Williams to appoint Tami Diehm to the City Council vacant seat, with the term expiring when their successor is elected and qualified in January, 2019. 2 Ayes, 2 Nays, Motion failed. Ayes: Williams, Murzyn, Jr. Nays: Schmitt, Buesgens. Councilmember Buesgens said she could not support Tami Diehm because she is not interested in continuing on the council, and the residents have indicated they want change on the council. Motion by Mayor Schmitt, seconded by Councilmember Williams to table the item until the April 10th City Council meeting. All Ayes, Motion Carried. Meeting Adjourned at 6:00 PM Respectively Submitted, Katie Bruno, Council Secretary /City Clerk 25 Meeting of: COLUMBIA HEIGHTS CITY COUNCIL Date of Meeting: April 3, 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 7:40 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, Scott Nadeau; Police Chief, Joe Kloiber; Finance Director, Jackie Zillmer; Assistant Finance Director, Joe Hogeboom; Community Development Director and Katie Bruno; City Clerk MnDOT Rehabilitation of TH 47 27th to 40th Avenue Director of Public Works Kevin Hansen gave an overview of the proposed MnDOT project, scheduled for 2018. MnDOT has been in communication with the City; assuring detours will be well marked and businesses along University Ave. will be signed appropriately. Hansen noted he will have another update for the council in the Fall of 2017. Goose Management Plan Director Hansen reported Staff is seeking Council input on a Goose Management Plan. The City is now required to secure a state permit. In the past, the company performing the trapping has been able to obtain a permit on behalf of the City. The DNR now requires the City to obtain the permit, and are now required to have a management plan in place before future permits will be approved. Director Hansen presented plans that address and control waterfowl population in the city. The city has been using habitat modifications, various plantings and physical barriers. The most effective approach is population reduction. Labelle Park, Sullivan Park and Highland have all seen problems with geese. This item will be brought to the April 10th meeting for council consideration. Public Info Meetings -HSIP Final Plans Director Hansen reported a Public Informational Meeting was held, comments were generally positive. The next step for the project will be bidding in early June, the project is scheduled to start in July. Public Info Meetings -39th Avenue Public Hearing Director Hansen reported a Public Informational Meeting was held, comments on a proposed sidewalk were mostly favorable. Hansen reported the next step would be to establish a Public Hearing date at the April 10th council meeting. Hansen suggested including the sidewalk in the public notice. Chief Nadeau's trip to Somalia Police Chief Scott Nadeau reported he has been invited to participate in an initiative to assist Somalia with the establishment of effective policing. Nadeau would use vacation time to travel to Somalia for about ten days in July, 2017. Councilmember Buesgens requested Chief Nadeau host an event when he returns to share his experience with the community. Embedded Somali Officers Initiative Chief Scott Nadeau reported there is also an initiative to host Somali National Police Officers in Minnesota in the fall of 2017. Nadeau indicated Columbia Heights would be a great community to mentor the officers, there would be no cost to community. 26 City Council Worksession April 3, 2017 Page 2 of 3 Non - Traditional Police Officers Accelerated Program Chief Scott Nadeau reported the Minnesota Legislature has approved an accelerated program for officers to obtain POST certification. Several agencies in the metro have adopted various scenarios to assist with the recruitment and hiring of non - traditional candidates. Nadeau stated currently there are two CSOs in the department that he would recommend for the LETO program. The cost of tuition is $6,000 - $8,000; the city would cover that cost and request a 3 year commitment from the employee. Nadeau stated funding could come from the training budget. Nadeau reported the most recent recruitment process had 27 applicants, and we are not finding hirable candidates. Councilmember Buesgens agreed this would be a good option, and compared it to an apprenticeship program. City Manager Walt Fehst reported the City has looked at various ways in the past to attract competent Officers of various ethnicities, and commended Chief Nadeau and Kelli Bourgeois on their CSO hiring practices. The council agreed this is a good program and offered their support. Circle Terrace Stakeholder Meeting /Questions Chief Scott Nadeau reported a stakeholders meeting was held on March 9th. It was determined to conduct more surveying of the residents who will be utilizing the building, many programs and activities are being considered. Discussion regarding Delinquent Utility Accounts Finance Director Joe Kloiber reported at the March 6th work session, the Finance Director discussed with the City Council the need to interpret the water shut -off policy in light of the unusual circumstance that the annual special assessment of delinquent utility accounts was unable to be levied for the 2016 levy year /2017 payable year. Staff surveyed 22 municipal utility billing departments located in the North Metro Area. The principal findings are: 1. The only respondent that uses shut -off for routine collection is the City of Becker. 2. The reported policy implementation commonly occurred from 10 to over 20 years ago. 3. 25% of the respondents report that they still retain the ability to shut -off for collection. We suspect that several of the other respondents also retain the ability to shut -off for collection, but their current staff may not be aware of this, due to turnover. 4. The reported volume of delinquent assessments is 3% - 5% of annual utility revenue. For the City of Columbia Heights, that would be approximately $300,000 in delinquent bills. 5. The City's one -time late fee of 5% is on the low end of the reported range of late fees, with 10% being both the highest and the most common rate reported. Staff recommends discontinuing the use of shut -off for routine collection. Staff strongly recommends however, that the following related steps also be taken: 1. Adopt a revised fee structure that keeps the financial burden of the dramatic increase in delinquency from being carried by the customers that pay their bills timely. The logical point to implement this change is August 1st, concurrent with the annual cycle for the special assessment process. 2. Discontinue grandfathering tenant names on customer accounts established prior to 2014. 3. Retain the current shut -off ordinances as an infrequently -used option for circumstances where collection by special assessment is problematic. 4. Amend Resolution 2002 -40 to simplify the shut -off fee to only $75 per occurrence, removing the additional $25 surcharge for each repeated recurrence. 5. Remain aware that this policy change will increase the financial consequences of misunderstandings between landlords Councilmember Buesgens asked if the city shuts off water at vacant properties. Kloiber indicated there 27 City Council Worksession April 3, 2017 Page 3 of 3 are typically red flags that come up with vacant properties. Community Development Director Joe Hogeboom indicated there is a difference between vacant and abandoned properties. Councilmember Murzyn, Jr. stated he has done a number of shut -offs, and the problem has gotten worse over the years. Director Kloiber suggested that because we are currently on the low end of fees, using the median fee. Councilmember Murzyn, Jr, asked when shut -offs will be stopped. Director Kloiber stated he would anticipate being done in June. Discussion regarding Comp Plan Steering Committee Community Development Director Joe Hogeboom reported the consultant has suggested creating a steering committee of 10 -15 people. Staff has reached out to residents and business people in the community who have expressed in the past to participate in the production process of the 2040 Comprehensive Plan. The City Council also made recommendations of various individuals to serve on the Review Committee. Staff is proposing the following individuals who have shown a positive interest in serving on the Committee: Tom Kaiser, Louis Sacta, Connie Beusgens, John Gianoulis, Degha Shabella, Jenny Ketchum, Eric Penniston, Amada Simula or Frost Simula, Joe Schluender, Faustina Allen, Sean Broom, Adam Schill, Rob Fiorendino, Ann Carder, Dave Payne, and Marsha Stroik. The consultant will schedule a time to meet with the group in late April, and continue to meet through the end of the year. The council supported the recommendation. Discussion related to Adult Day Care Ordinance Community Development Director Joe Hogeboom explained there has been an increased need for families to have a place where elderly family members can go for safe community oriented activities during the daytime hours. Hogeboom shared his experience with Adult Day Care Facilities in his former city of employment. The two facilities were very different; one being more organized, and offering a different experience for the user. Director Hogeboom explained an applicant recently approached the Planning and Zoning Commission and the City Council regarding a proposal to waive several required development standards in City Code to allow for the operation of an Adult Day Care Facility within the Central Business Zoning District. Staff recommends that the specific development standards for Adult Day Care Facilities be amended, so that an alternative approach to providing on -site outdoor space can be considered. Staff does not recommend modifying the development standard that requires dedicated loading and unloading space for Adult Day Care Facilities. Because of the nature of this type of business, providing a safe, formal location in which clients can be loaded and unloaded from vehicles is critical. Councilmember Williams commented on the problems with the adult rehabilitation facilities in the City. Mayor Schmitt suggested addressing the rehabilitation facilities at a future time. Hogeboom clarified that staff would propose an ordinance to allow an alternative to the outdoor space requirement, with no change to the dedicated loading and unloading space requirement. Hogeboom stated the ordinance will likely come before the council in May. Meeting Adjourned at 9:30 PM Respectively Submitted, Katie Bruno, Council Secretary /City Clerk 28 MINUTES OF PLANNING AND ZONING COMMISSION MARCH 7, 2017 7:00 PM The meeting was called to order at 7:05 pm by Chair Szurek. Commission Members present- Novitsky, Fiorendino, Hoium, Schill, and Szurek Also present were Elizabeth Holmbeck (Planner), Larry Pepin (Building Official), and Shelley Hanson (Secretary) along with Council Liaison, John Murzyn. Motion by Hoium, seconded by Novitsky, to approve the minutes from the meeting of February 7, 2017. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: 2017 -0301 APPLICANT: Venture Pass Partners LLC LOCATION: 4707 Central Avenue REQUEST: Final Plat Approval Holmbeck explained that on behalf of Hy -Vee, Inc., Venture Pass Partners, LLC has applied for Final 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 Preliminary Plat was unanimously recommended for approval at the February 7h Planning and Zoning Commission meeting, and unanimously approved by the City Council at the February 13ffi meeting. ZONING ORDINANCE 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 (M) (6) of the Zoning Ordinance outlines two conditions that must be met in order for the City to grant a Final Plat. They are as follows: (a) The Final Plat substantially conforms to the approved Preliminary Plat. This is correct. (b) The Final Plat conforms to the requirements of 9.115. This is correct. 29 P & Z Minutes Page 2 March 7, 2017 Staff recommends that the Planning and Zoning Commission recommend approval of the proposed Final Plat request made by Venture Pass Partners, LLC on behalf of Hy -Vee, Inc. for the property located at 4707 Central Avenue NE. Questions from members: Hoium asked if the retaining wall was part of the approval of the final plat. Holmbeck said that engineer designed plans will be submitted later. Hoium then asked if setbacks and drainage will be handled by staff as part of the construction process. Holmbeck told him that was correct. Fiorendino asked if the property would be re- zoned. Holmbeck said it is not being re- zoned, that it will remain as a Mixed Use classification. Public Hearing Opened. No one wished to speak on this issue. Public Hearing Closed. Motion by Hoium, seconded by Fiorendino, to waive the reading of Resolution No. 2017 -19, there being ample copies available to the public. All ayes. MOTIONPASSED. Motion by Hoium, seconded by Fiorendino, that the Planning and Zoning Commission recommends that the City Council approve the Final 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. Any requirements outlined by the Minnesota Department of Transportation must be met, ( MNDOT review pending). Any comments from MNDOT will be forwarded over to the applicant and will become part of this approval. 3. Easements will need to be placed over the storm water BMP's to be installed, and the easements will need to be on a recordable document, accepted by Anoka County Recorder's Office. 4. The applicant shall be responsible for the cost of filing and recording written easements with the Anoka County Recorder's Office. S. Upon approval of the Final Plat, the applicant shall be responsible for filing and recording the Final Plat with the Anoka Coun(v Recorder's Office within one year of the date of Ciiy Council action. In the event that a Final Plat is not recorded within this time period, the Final Plat will become void. All ayes. MOTION PASSED. Thefollowing Resolution will go to the City Council March 1311'. 30 P & Z Minutes Page 3 March 7, 2017 RESOLUTION NO. 2017-19 A resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Final Plat for Venture Pass Partners, LLC. Whereas, a proposal (Case # 2017 -0301) has been submitted by Venture Pass Partners, LLC on behalf of Hy -Vee, Inc. to the City Council requesting Final 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: Final Plat Approval per Code Section 9.104 (M). Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on March 7t", 2017; Whereas, the City Council has considered the advice and recommendations of the Planning and Zoning Commission regarding the effect of the proposed Final Plat upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT Section 9.104 (M) (6) of the Zoning Ordinance outlines conditions that must be met in order for the City to grant a Final Plat. They are as follows: (a) The Final Plat substantially conforms to the approved Preliminary plat (b) The Final Plat conforms to the requirements of 9.115. Further, be it resolved, that the attached plans, maps, and other information shall become part of this Final 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 recorded with the Anoka County Recorder's Office within one (1) calendar year after the approval date. CONDITIONS 6. All required state and local codes, permits, licenses and inspections will be met and in full compliance. 7. Any requirements outlined by the Minnesota Department of Transportation must be met (MNDOT review pending). Any comments from MNDOT will be forwarded over to the applicant and will become part of this approval. 8. Easements will need to be placed over the storm water BMP's to be installed, and the easements will need to be on a recordable document, accepted by Anoka County Recorder's Office. 9. The applicant shall be responsible for the cost of filing and recording written easements with the Anoka County Recorder's Office. 10. Upon approval of the Final Plat, the applicant shall be responsible for filing and recording the Final Plat with the Anoka County Recorder's Office within one year of the date of City Council action. In the event that a Final Plat is not recorded within this time period, the Final Plat will become void. 31 P & Z Minutes Page 4 March 7, 2017 CASE NUMBER: 2017 -0302 APPLICANT: ASA, LLC LOCATION: 4048 Central Avenue REQUEST: Appeal Holmbeck told members that ASA, LLC has filed an Appeal to the Planning and Zoning Commission which acts as the City's Board of Appeals. She reviewed the duties of the Board of Appeals and the Appeal procedure outlined in the City's Zoning Code. Board ofAppeals and Ad Justment duties • In accordance with M.S. § 462.354, as it may be amended from time to time, the City Council has designated the Planning Commission as the Board of Appeals and Adjustments. As such, the Planning Commission shall have the following additional responsibilities: (1) Hear and make decisions on all applications for an appeal of any administrative order, requirement, determination or final decision made by the Zoning Administrator or other official in the administration of this article. (2) Hear and make decisions on all applications for a variance from the literal provisions of this article. Appeals Procedure: (1) Right of appeal. At any time within 30 days after a written order, requirement, determination or final decision has been made by the Zoning Administrator or other official in interpreting or applying this article, except for actions taken in connection with prosecutions for violations thereof, the applicant or any other person affected by such action may appeal the decision. (2) Application for appeal. An appeal must be made by filing a written notice of appeal addressed to the Zoning Administrator and Planning Commission, and stating the action appealed as well as the specific grounds upon which the appeal is made. (3) Public hearing. The Planning Commission, sitting as the Board of Appeals and Adjustments, shall hold a public hearing on the appeal in accordance with the requirements of this section. After the close of the hearing, the Planning Commission shall render its findings. BACKGROUND Holmbeck told members that the Appeal before them is in response to a written order sent to the property owner on January 27, 2017 that was provided in the agenda packet. A building permit was submitted to the Community Development Department to remodel the existing commercial building located at 4048 Central Avenue NE. Staff reviewed the application and found that, while an Adult Daycare facility is a permitted use, the proposal does not meet certain development standards for such a use outlined in the Zoning Code. The property owner is proposing to use the first floor of the building to operate an Adult Daycare. The upper floor has existing residential apartment units, which are not a part of this proposal. The property owner submitted a letter detailing the Appeal, and a number of pictures of the building and surrounding outdoor area. Upon review staff found that the proposed use does not meet the following specific development standards: 1. For adult daycare facilities, at least 150 square feet of outdoor area for seating or exercise will be provided for each adult under care. 32 P & Z Minutes Page 5 March 7, 2017 2. The use shall provide a designated area for the short-term parking of vehicles engaged in loading and unloading of children or adults under care. The designated area shall be located as close as practical to the principal entrance of the building and shall be connected to the building by a sidewalk. According to the property owner's letter, the proposed Adult Daycare will be operated by The Millennium Center for Performing Arts, which focuses on an arts -based alternative social services and enrichment program for adults. The clients under care will have opportunities for outdoor exercise by walking or utilizing the company's transportation services to one of the area parks. The letter also states that from time to time the clients are taken to area malls or other indoor community areas for exercise. The property owner has proposed to designate a drop -off and pick -up location at the rear of the building. There is currently an entrance at the rear of the building which the owner will be renovating to make it handicap accessible. The proposed drop -off and pick -up location is for the rear of the building rather than the front door (per City Code) because the rear of the building provides a safer location with less traffic. Also, the applicant has stated that it is difficult to consistently find parking right outside the front door. ZONING ORDINANCE The subject property located at 4048 Central Ave. NE. is located in the Central Business Zoning District as are the properties to the north, south, and east. The properties to the west are located in the Multiple Family Residential Zoning District. The proposed Adult Daycare is a permitted use in the Central Business Zoning District. COMPREHENSIVE PLAN The Comprehensive Plan designates this area for commercial uses. The proposed use is commercial in nature. DESIGN GUIDELINES The subject property is located in the Design Guidelines Overlay District and is subject to the Central Business District standards. If the property owner makes any of the following modifications, adherence to the guidelines would be required: • New construction or additions. • Any exterior changes, including repainting, with the exception of replacement or repair of existing materials. Minor alterations such as repainting may be handled administratively, as determined by the City Planner. • Any internal remodeling or expansion activity that increases the overall size of the building by 10 percent or more. • Any development or expansion of parking areas that would result in a lot with more than four parking spaces. At this time, the property owner has not proposed to make such enhancements to the site. SITE PLAN The applicant has submitted a floor plan/site plan of the interior first floor area and exterior area, as well as a number of pictures to illustrate how the building is proposed to be used. 33 P & Z Minutes Page 6 March 7, 2017 FINDINGS OF FACT There are no Findings of Fact specifically outlined in the City's Code, which must be met in order to approve an Appeal. However, the Board of Appeals must make findings to approve or deny the request. The Board of Appeals has the authority to make a ruling on the request based on the evidence presented by the applicant. RECOMMENDATION Holmbeck told members that in the case of an Appeal, staff does not make a recommendation to the Board of Appeals. It is up to the Board to make a determination on the request. The Board of Appeals must make a motion to deny or approve the appeal. There is no Resolution document to approve or sign; rather a letter will be sent to the applicant following the meeting, stating the Board's finding. If the Board of Appeals denies the request, the property owner has the right to appeal to the City Council for a final ruling. uestions /comments from members: Fiorendino asked Holmbeck the reason she had for denying their building plans. She explained to members that she's the first person to look at Building permit plans to ensure construction meets setbacks and Zoning Code requirements. Even though this type of business is a permitted use in the CBD, she noticed that the site did not meet all the requirements of the Zoning Ordinance. Therefore, she denied the issuance of the permit and the use of the building for an Adult Daycare Facility. Fiorendino asked her what she felt about the rear parking situation. She thought it was reasonable to allow the parking and the drop off area to be in the rear of the building since Central Avenue is such a busy road. Hoium stated that it is not the Commission's job to "like the ordinance requirements ", it is their job to determine if it "meets the requirements ". Szurek asked how many clients they would have. Hohnbeck said the number of clients is determined by Anoka County as the licensing agency, and is based on the size of the interior space. Szurek then asked the Building Official when he became aware of their desire to use the building as an Adult Daycare. Pepin stated he noticed construction was going on in the building and there hadn't been a permit issued for the site, so he put a Stop Work Order on the project. After speaking with the new owner, he told them they needed permits for the interior remodeling and for a sprinkler system. When plans were brought in for review it became apparent they first had to deal with whether they could actually use the facility as planned , which is why the case is now before the Board. It is also now apparent that they continued with the remodeling and installed the sprinkler system, without permits being issued to do so. Szurek said she has an issue with people who buy properties and don't follow proper procedures to ensure they can meet zoning regulations and when they fail to obtain the proper building permits to do remodeling or construction. Szurek asked how another business down the street that is basically the same type of facility was allowed to go in. Pepin explained that a previous Planner saw that it was a "permitted use" in that zoning district, but failed to look at the other requirements pertaining to this use. 34 P & Z Minutes Page 7 March 7, 2017 Ella Selyukou is the owner of Millennium Center for the Performing Arts. She explained their program to the Commission. She explained their clients are usually elderly, have disabilities, or mental /memory issues. They operate at other locations throughout the metro area (New Hope, Eagan, and Plymouth) and none of these cities have an outside space requirement. Most of the clients can't move around without assistance. Ella stated they occasionally take clients out to parks or to malls, especially in the summer, but not in winter as the clients are not very mobile. She said they would provide an outside patio area in the rear for those that are up to being outside. She was under the assumption that they only need to provide 150 sf for each person that is actually outside. Szurek believed that the code states 150 sf for each person being cared for at the facility. Holmbeck read the actual language of the code and the Board agreed the requirement is for each person being cared for within the facility. Szurek said it may mean that the code needs to be changed. She didn't feel the Board could grant waivers or exceptions to the code, it is their job to enforce the existing code. Novitsky said the code requires the outside area be fenced with a 5 ft high fence. He is concerned that they would not be able to provide that space and to also allow enough parking for the apartments and a client drop off area, especially when there is snow. Holmbeck told members that parking for the workers in the CBD is not required. They plan on providing one parking space for each apartment (4) as required, and they plan to re- design the rear door to make it handicap accessible and allow for a drop off area, which leaves them enough room for a small patio area. She said they have, therefore, made an attempt to meet the intent of the code. Sal Bell who owns the building and is partnering with Millennium apologized to the Board for doing work without permits. He said he trusted his contractor to take care of this. He thought the permits were pulled. He spoke again of how the rear area would be used. He told members that clients are typically there for about 6 hours a day and are provided with access to music, artwork, and social interaction in a safe environment. He also stated that since the other business 2 doors down is operating a similar type of business, that an exception to the code should be allowed since they are making an attempt to meet it to the best of their ability. Szurek asked Holmbeck why they are even considering this since it doesn't meet the requirements. Holmbeck explained that according to the City Attorney, the Board has the authority to make exceptions to the rules if there is a reasonable option provided. Hoium asked who determines how much space is required per person on the interior of the building for this type of use. Holmbeck stated that the inside space required is determined by the licensing authority which is the County and she believes that amount is 40 sf per client. The outside space is determined by local Zoning Ordinance, and the State and /or County does not address this. Teshite Wako from the Orono Chamber of Commerce spoke on behalf of the daycare business and owner that they provide needed services and to consider granting the appeal. Another person spoke on behalf of the business also and told members that the owners had asked if this property was zoned properly for an Adult Daycare before they purchased it. They were told by the Planner it was, but they were not told about the outside space, or extra requirements, or they wouldn't have purchased this particular building. 35 P & Z Minutes Page 8 March 7, 2017 Fiorendino said it sounds like there are a couple of different things to be considered. He felt the job of the Board is to decide if the request meets our code or not, and if staff interpreted the code correctly. He personally thinks the code is wrong, and asked if there was a process for changing it. Holmbeck explained that the Commission, or an individual, or business owner can approach the City Council to request the Code be amended. If the City Council is in favor of doing this they will direct staff to research language of other surrounding cities and to bring information back to them for consideration. An amendment to the Code could then be prepared and the City Council would need to go through the Public Hearing and approval process. Novitsky and Hoium agreed the code doesn't make sense, but it is what is required. Schill asked Holmbeck if they actually had the authority to make an exception. Holmbeck said she believed so. Fiorendino said he disagreed with that and again reiterated that he thought their job is to decide if staff originally interpreted the code correctly. Holmbeck said no matter what decision they make they must give a Finding of Fact (reason) for doing so. Schill said he would like to see more detail of how the rear area would be laid out. He would like to see a drawing with measurements and where everything would be placed, along with proper measurements. He said the pictures provided didn't really prove that everything would fit back there. Holmbeck said they have 3 options: to approve, to deny, or to table for more information. However, we must provide a decision to the applicant within 60 days per State Statute. Motion by Hoium , seconded by Novitsky, to deny the Appeal of Specific Development Standards of the Zoning Code of the City of Columbia Heights for the use of 4048 Central Avenue as an Adult Daycare facility, as it does not meet the Zoning Code requirement regarding the amount of outside space that must be provided. All ayes. MOTION PASSED. Hoium suggested the applicant submit a more detailed depiction of the rear area to the City Council for the meeting on Monday night. Motion by Fiorendino, seconded by Schill to make a request to the City Council to review the Zoning Ordinance requirements for Adult Daycare Facilities especially in regards to the outside space requirement. All ayes. MOTION PASSED. There was a brief discussion about how many daycare facilities we are getting along the Central Avenue Business corridor. Szurek thought the long range vision of the downtown area was to encourage more retail businesses, small restaurants, etc. to generate foot traffic and entertainment options. She thought it may be a good time to place a moratorium on additional daycare businesses going in until staff can gather more information regarding the actual number and the impact it has on the area. It was made clear that this moratorium would not affect the decision the City Council would make regarding the site considered tonight. Motion by Szurek, seconded by Hoium to consider placing a moratorium on Adult Daycare and Child Daycare facilities along the CBD. All ayes. MOTIONPASSED. 36 P & Z Minutes Page 9 March 7, 2017 OTHER BUSINESS There were no other updates. The meeting was adjourned at 8:20 pm. Respectfully submitted, Shelley Hanson Secretary 37 CH COLUMBIA HEIGHTS PUBLIC LIBRARY 3939 Central Ave NE, Columbia Heights, MN 55421 BOARD OF TRUSTEES: MEETING MINUTES Wednesday, March 15Y, 2017 Approved 4/5/2017 The meeting was called to order in the Community Room by Chair, Patricia Sowada, at 5:35 p.m. Members present were: Patricia Sowada, Nancy Hoium, Catherine Vesley, Stephen D. Smith, and Tricia Conway. Also present was Library Director Renee Dougherty, and Recording Secretary Nick Olberding. • The Minutes of the February 8th, 2016 Board Meeting were approved. • The Bill List dated February 15th, 2017 was reviewed. It was moved, seconded, and passed that the bills be paid. • The Accounting Sheet for year -end 2016 was reviewed, and approved. • Questions and discussions from Bills and Accounting: • Do we buy Books of Statutes and Codes? Yes, we used to buy an array of them each year, but the last year we bought new State Statutes was 2012. They are kept more up -to -date online, and we have limited space in our Reference Section. We were recently going to order the new Plumbing Code Book, but the MN Bookstore was down for maintenance. • Marco: Our Printer /Copier Service and Supplies vendor. The City negotiated this contract, and the library is the only City Department currently on it. We were not billed for any of 2016 until January 2017. Recently received a large bill for color printing; we don't know yet how this will progress. We would like to review our Marco contract, so we know the expected costs for the rest of this year. Old Business: N/A New Business: • 2016 Annual Report: The library completed the annual report, and the board received a copy at the meeting. • Circulation UP 3% over 2015, despite being closed for nearly a month and with no available E -Book stats for Nov /Dec. Updated circulation statistics will be available in March. • E -Book Circ Stats not available for Nov /Dec at this time. • Gate Count UP 14% over 2015. • 13,614 Columbia Heights Cardholders, which is pretty impressive for a city of our size. We were at around 19,000 before the ILS was purged of inactive accounts (at the end of 2016). We have a new Library Card Design. Still free for new registrations, and $2 for a replacement card. Patrons are not required to upgrade to the new style, but they have the option to. • AMH has made material deliveries and returns quicker and easier, but it does have its issues. It can struggle with some small or lightweight items. Sometimes these items can slip on the de- shingler belt and after a minute of slipping it assumes a jam and shuts down. • School Visits: ICS classes still walk over once a month ... two classes at a time. Also, we still provide Bulk Loan services to ICS classes, Adventure Club and Mini - Adventure Club programs, as well as individual teachers who request them. • Summer Reading Program enrollment was positive. Good attendance from local schools and home- 38 schooled children. o Deadline to submit Annual Report to the State of MN is the end of the month. o The Library Board would like to commend the staff of the library for all the hard work over the last year. They did a remarkable job, and have accomplished a lot with a little. Preparing and completing the relocation of the library, RFID tagging all material, weeding the collection, and adjusting to all the changes and new technology. Very appreciative. Items from the Floor: • Committee Films: chose to film at Northtown Library instead of Columbia Heights. Mainly due to filming schedule, which required some weekday morning filming; we wouldn't be able to accommodate it, while NTN doesn't open until noon on M -W -F. There being no further business, the meeting was adjourned at 5:57pm by Patricia Sowada, and seconded. Respectfully submitted, a 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. 39 CH, COl.UMB[A. HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7C MEETING DATE APRIL 10, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: I LELS Labor Agreement — Police Officers I DEPARTMENT: Administration I CITY MANAGER'S APPROVAL: /�.��i7�/�� A I BY /DATE: Kelli Bourgeois; 4/10/17 1 BY /DATE: 4/////,, // —7 The labor agreement between the City and Law Enforcement Labor Services (LELS), representing the Police Officers, terminated on December 31, 2016. Negotiations and mediation between the City and Law Enforcement Labor Services, Inc. — Police Officers Unit have resulted in a mutually acceptable labor agreement for calendar years 2017 and 2018. The proposed changes are as follows: Wages: 2017: 2.25% cost of living adjustment over 2016 wages, effective January 1, 2017 1.5% market adjustment effective January 1, 2017 2018: 2.5% cost of living adjustment over 2017 wages, effective January 1, 2018 1.5% market adjustment effective January 1, 2018 Increased assignment pay effective January 1, 2017 from $160 to $200 for all existing classifications. Effective upon ratification, employees assigned as Field Training Officers shall receive $4.00 per hour when performing FTO duties instead of .20 hours of compensatory time. The existing FTO compensatory time bank will be eliminated on 12/31. Any time remaining in the bank as of the end of the first pay period in December (12/15) will be paid out at straight time on the second paycheck of December (12/21). Article 13 - Overtime: 13.8 Increase the Compensatory Time accumulation from 30 to 36 hours. Eliminate the FTO compensatory time language. Article 14 - Court Time: Amend the last paragraph of the section to read: For Anoka County Attorney's Office cases, when a Police Officer is off duty and has been notified that his or her testimony may be necessary, the Police Officer shall receive a minimum of two hours of standby compensation at straight time (to be paid or taken as compensatory time at the Officer's election) for each day that he or she is to continue calling for instructions. Article 17 - Insurance: 17.1 The EMPLOYER will contribute up to a maximum of eight hundred sixty -five dollars ($865) per month per (permanent and probationary full -time) employee for group health, and group dental, including dependent coverage, life and long term disability insurance for calendar year 2017. For employees taking family health insurance through the EMPLOYER the EMPLOYER will contribute an additional $100 per month towards health insurance premiums for a total EMPLOYER contribution of $965 for employees taking family health insurance. No retroactive insurance benefits payments will be made to any employee terminating employment during calendar year 2017 prior to Council ratification of 2017 employer contribution rate for insurance. ao Officers Council Letter City of Columbia Heights - Council Letter LELS Labor Agreement —Police Officers Page 2 17.2 The EMPLOYER will contribute up to a maximum of eight hundred sixty -five dollars ($865) per month per (permanent and probationary full -time) employee for group health and group dental, including dependent coverage, life and long term disability insurance for calendar year 2018. For employees taking family health insurance through the EMPLOYER the EMPLOYER will contribute an additional $200 per month towards health insurance premiums, for a total EMPLOYER contribution of $1065 for employees taking family health insurance. 17.3 In 2018, The EMPLOYER will allow (permanent and probationary full time) employees who are covered by a group plan elsewhere to waive City health insurance coverage and receive $200 per month to be paid into a deferred compensation plan. 17.4 Effective January 1, 2018 all (permanent and probationary full -time) employees will be provided 510,000 in basic life insurance and AD &D, the premiums for which will be deducted from the monthly EMPLOYER contribution outlined in 17.2 above. 17.5 Effective for the term of the AGREEMENT, the EMPLOYER will contribute thirty dollars ($30) per month per (permanent and probationary full -time) employee into a City designated health savings account for all employees enrolled in an IRS qualified high deductible health plan. 17.6 Employees not choosing dependent coverage cannot be covered at EMPLOYER expense for any additional insurance than the individual group health, group life, and group dental insurance. Additional life insurance can be purchased by employees at the employee's expense to the extent allowed under the EMPLOYER'S group policy. Article 21— Longevity: Effective 1 -1 -17 Longevity amounts shall be: After four (4) years of continuous employment ......... $130.19 /mo. After eight (8) years of continuous employment ........ $253.38 /mo. After twelve (12) years of continuous employment ... $376.57 /mo. After sixteen (16) years of continuous employment..$499.76 /mo. Attached please find Resolution 2017 -30 which would adopt and establish the changes as negotiated for calendar years 2017 and 2018. Also attached please find a copy of the new contract language incorporating said changes. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2017 -30, regarding the Labor Agreement between the City of Columbia Heights and Law Enforcement Labor Services, Inc. Local #311, Police Officers, effective January 1, 2017 - December 31, 2018. 41 RESOLUTION NO. 2017 -30 A Resolution of the City Council for the City of Columbia Heights, Minnesota, approving a collective bargaining agreement between the City of Columbia Heights and Law Enforcement Labor Services, Inc. Local No. 311— Police Officers Whereas, negotiations have proceeded between Law Enforcement Labor Services, Inc. (LELS), Local No. 311, representing Police Officers of the City, and members of the City's negotiation team; and Whereas, said negotiations have resulted in a mutually acceptable collective bargaining agreement for calendar years 2017 and 2018; and Whereas, changes to the current agreement are hereby attached as Exhibit A, and a copy of said collective bargaining agreement is available for inspection at the Office of the City Manager and is made a part hereof by reference. Now therefore, be it resolved that the collective bargaining agreement as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 2017 and 2018 for LELS, Local No. 311 — Police Officers, bargaining unit employees of the City; and Be it further resolved that the Mayor and City Manager are hereby authorized to execute this collective bargaining agreement and memorandum of understanding. Passed this day of 2017 Offered by: Seconded by: Roll Call: Donna Schmitt, Mayor Attest: Katie Bruno, City Clerk /Council Secretary Resolution 2017 -30 42 2017/18 LELS — OFFICERS and CITY OF COLUMBIA HEIGHTS MEDIATED AGREEMENT 3/6/17 Article 24 — Duration This will be a 2 year agreement. Appendix A — Wage Rates 1. Wage Rates: a. Increase the Top Patrol Rate by 2.25% Plus a 1.5% Market Adjustment for 2017 (effective 1/1/17); and b. 2.5% Plus a 1.5% Market Adjustment for 2018. 2. Other Compensation a. Increase Assignment Pay effective 1/1/17 from $160 to $200 for all existing classifications. b. Effective upon ratification, employees assigned as Field Training Officers shall receive $4.00 per hour when performing FTO duties instead of .20 hours of compensatory time. The existing FTO compensatory time bank will be eliminated on 12/31. Any time remaining in the bank as of the end of the first pay period in December (12/15) will be paid out at straight time on the second paycheck of December (12/21). Article 13 - Overtime 13.8 Increase the Compensatory Time accumulation from 30 to 36 hours. Eliminate the FTO compensatory time language. Article 14 — Court Time Amend the last paragraph of the section to read: For Anoka County Attorney's Office cases, when a Police Officer is off duty and has been notified that his or her testimony may be necessary, the Police Officer shall receive a minimum of two hours of standby compensation at straight time (to be paid or taken as compensatory time at the Officer's election) for each day that he or she is to continue calling for instructions. Article XVII — Insurance 17.1 to be paid retroactive to January 1, 2017 provided the ratification goes to the City Council at their April 10, 2017 meeting. 17.1 The EMPLOYER will contribute up to a maximum of eight hundred sixty -five dollars ($865) per month per (permanent and probationary full -time) employee for group health, and group dental, including dependent coverage, life and long term disability insurance for calendar year 2017. For employees taking family health insurance through the EMPLOYER the EMPLOYER will contribute an additional $100 per month towards health insurance premiums for a total EMPLOYER contribution of The City of Columbia Heights reserves the right to add to, modify, delete, and /or change any portion oft his proposal at anytime throughout the negotiation process. 43 $965 for employees taking family health insurance No retroactive insurance benefits payments will be made to any employee terminating employment during calendar year 2017 prior to Council ratification of 2017 employer contribution rate for insurance. 17.2 The EMPLOYER will contribute up to a maximum of eight hundred sixty -five dollars ($865) per month per (permanent and probationary full -time) employee for group health and group dental, including dependent coverage, life and long term disability insurance for calendar year 2018. For employees taking family health insurance through the EMPLOYER the EMPLOYER will contribute an additional $200 per month towards health insurance premiums for a total EMPLOYER contribution of $1065 for employees taking family health insurance 17.3 In 2018, The EMPLOYER will allow (permanent and probationary full time) employees who are covered by a group plan elsewhere to waive City health insurance coverage and receive $200 per month to be paid into a deferred compensation plan 17.4 Effective January 1 2018 all (permanent and probationary full-time) employees will be provided $10,000 in basic life insurance and AD &D the premiums for which will be deducted from the monthly EMPLOYER contribution outlined in 17.2 above 17.5 Effective for the term of the AGREEMENT, the EMPLOYER will contribute thirty dollars ($30) per month per (permanent and probationary full -time) employee into a City designated health savings account for all employees enrolled in an IRS qualified high deductible health plan. 17.6 Employees not choosing dependent coverage cannot be covered at EMPLOYER expense for any additional insurance than the individual group health, group life, and group dental insurance. Additional life insurance can be purchased by employees at the employee's expense to the extent allowed under the EMPLOYER'S group policy. Article XXI — Longevity — Effective 1 -1 -17 Longevity amounts shall be: After four (4) years of continuous employment ......... $130.19 /mo. After eight (8) years of continuous employment ........ $253.38 /mo. After twelve (12) years of continuous employment ... $376.57 /mo. After sixteen (16) years of continuous employment..$499.76 /mo. The City of Columbia Heights reserves the right to add to, modify, delete, and /or change any portion of this proposal at anytime throughout the negotiation process. 44 CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7D MEETING DATE APRIL 10, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: AFSCME Labor Agreement — Clerical and Technical Employees DEPARTMENT: Administration CITY MANAGER'S APP VAL: BY /DATE: Kelli Bourgeois; 4/10/17 BY /DATE: . 4ZzL ZZ -7 The labor agreement between the City and the American Federation of State, County and Municipal Employees ( AFSCME), representing the clerical and technical employees, terminated on December 31, 2016. Negotiations between the City and AFSCME have resulted in a mutually acceptable labor agreement for calendar years 2017 and 2018. The proposed changes are as follows: Wages: APPENDIX B Increase all wage classifications by 2.25% in 2017. Increase all wage classifications by 2.5% in 2018. Provide a Market Adjustment to Titles as follows: 7/1/2017 1 1 2018 .25 /hour .25 /hour Accounting Clerk II Accounts Payable Clerk Accounting Clerk I Assistant Building Inspector (vacant) Engineering Tech II (vacant), III, IV Receptionist /Cashier Secretary II and II -A Clerk Typist II Article 10 —Work Schedules: 10.2 shall be amended to read as follows: The normal work day shall be eight (8) or ten (10) consecutive hours, excluding a { @Fty five (4 thirty 30 minute unpaid meal period. In the event an employee is required to be in a duty status during a meal period, the normal work day shall be eight (8) or ten (10) consecutive hours including a reasonable meal period. During the meal period, an employee shall respond to duty situations if they occur. Article 17 - Insurance: 17.1 The EMPLOYER will contribute up to a maximum of eight hundred sixty -five dollars ($865) per month per (permanent and probationary full -time) employee for group health and group dental, including dependent coverage, life and long term disability insurance for calendar 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 45 AFSCME Council Letter City of Columbia Heights - Council Letter Page 2 AFSCME Labor Agreement — Clerical and Technical Employees 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. (Retroactive to 1/1/17 if ratified by City Council at April 10, 2017 meeting) 17.2 For 2017 and 2018 the EMPLOYER will contribute thirty dollars ($30) per month per (permanent and probationary full -time) employee into a city designated health savings account for all employees enrolled in an IRS qualified high deductible health plan. 17.3 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 17.4No retroactive insurance benefits pavments will be made to any employee terminating employment during calendar year 2017 prior to Council ratification of a 2017 employer contribution rate for insurance. 17.5 Employees not choosing dependent coverage cannot be covered at EMPLOYER expense for any additional insurance than the individual group health, group life, and group dental insurance. Additional life insurance can be purchased by employees at the employee's expense to the extent allowed under the EMPLOYER'S group policy. (already in contract) Other Items: Incorporate the MOU language for the Assistant IS Director, IS Technician, and Police IS Support Specialist. Reclassify the following positions effective 7/1/17: Recreation Program Coordinator increase to two classes up Clerk- Typist II — Recreation change to Secretary IIA — Recreation and increase one class up Secretary II — Fire increase to three classes up RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2017 -31, regarding the Labor Agreement between the City of Columbia Heights and American Federation of State, County and Municipal Employees, clerical and technical employees, effective January 1, 2017 - December 31, 2018. 46 RESOLUTION NO. 2017 -31 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 the American Federation of State, County and Municipal Employees, Council 5, Clerical and Technical Employees Whereas, negotiations have proceeded between the American Federation of State, County and Municipal Employees (AFSCME), representing clerical and technical employees of the City, and members of the City's negotiation team; and Whereas, said negotiations have resulted in a mutually acceptable collective bargaining agreement for calendar years 2017 and 2018; and Whereas, changes to the current agreement are hereby attached as Exhibit A, and a copy of said collective bargaining agreement is available for inspection at the Office of the City Manager and is made a part hereof by reference. Now therefore, be it resolved that the collective bargaining agreement as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 2017 and 2018 for the American Federation of State, County and Municipal Employees, Council 5, bargaining unit employees of the City; and Be it further resolved that the Mayor and City Manager are hereby authorized to execute this collective bargaining agreement and memorandum of understanding. Passed this day of , 2017 Offered by: Seconded by: Roll Call: Donna Schmitt, Mayor Attest: Katie Bruno, City Clerk /Council Secretary Resolution 2017 -31 47 2017/18 AFSCME COUNCIL 5 CITY OF COLUMBIA HEIGHTS RESPONSE AND PROPOSAL 3/16/2017 1. Article 10 — Work Schedules 10.2 shall be amended to read as follows: The normal work day shall be eight (8) or ten (10) consecutive hours, excluding a feFty - five 454 thirty 30 minute unpaid meal period. In the event an employee is required to be in a duty status during a meal period, the normal work day shall be eight (8) or ten (10) consecutive hours including a reasonable meal period. During the meal period, an employee shall respond to duty situations if they occur. 2. Article 17 — Insurance 17.1 The EMPLOYER will contribute up to a maximum of eight hundred sixty -five dollars ($865) per month per (permanent and probationary full -time) employee for group health and group dental, including dependent coverage, life and long term disability insurance for calendar 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 emplovees 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 Retroactive to 1/1/17 IF can have ratified by City Council at April 10, 2017 meeting) 17.2 For 2017 and 2018 the EMPLOYER will contribute thirty dollars ($30) per month per (permanent and probationary full -time) employee into a city designated health savings account for all employees enrolled in an IRS qualified high deductible health plan, 17.3 For 2018, The EMPLOYER will allow (permanent and probationary full time) employees who are covered by a group plan elsewhere to waive Citv health insurance coverage and receive $200 per month to be paid into a deferred compensation plan 17.4 No retroactive insurance benefits pavments will be made to any employee terminating employment during calendar year 2017 prior to Council ratification of a 2017 employer contribution rate for insurance. 17.5 Employees not choosing dependent coverage cannot be covered at EMPLOYER expense for any additional insurance than the individual group health, group life, and group dental insurance. Additional life insurance can be purchased by employees at the employee's expense to the extent allowed under the EMPLOYER'S group policy. (already in contract) The City of Columbia Heights reserves the right to add to, modify, delete, and /or change any portion of this proposal at anytime throughout the negotiation process. 48 3. Article — Wages APPENDIX B Increase all wage classifications by 2.25% in 2017. Increase all wage classifications by 2.5% in 2018. Provide a Market Adjustment to Titles as follows: 7/1/2017 1 1 2018 .25 /hour .25 /hour Accounting Clerk II Accounts Payable Clerk Accounting Clerk I Assistant Building Inspector (vacant) Engineering Tech II (vacant), III, IV Receptionist /Cashier Secretary II and II -A Clerk Typist II 4. Incorporate MOU The MOU language for the IS positions will be incorporated into the Agreement. S. Discussion Item: Reclassify the following positions effective 7/1/17• Recreation Program Coordinator increase to two classes up Clerk- Typist II — Recreation change to Secretary IIA — Recreation and increase one class up Secretary II — Fire increase to three classes up The City of Columbia Heights reserves the right to add to, modify, delete, and /or change any portion of this proposal at anytime throughout the negotiation process. 49 CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7E MEETING DATE APRIL 10, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: PMA Memorandum of Understanding and City Manager Compensation and Benefits DEPARTMENT: Administration CITY MANAGER'S APPROVAL: BY /DATE: Kelli Bourgeois; 4/10/17 BY /DATE: /� The current Memorandum of Understanding between the City and the Public Managers' Association (PMA), representing the Division Heads, terminates on December 31, 2016. Negotiations between the City and the PMA have resulted in a mutually acceptable labor agreement for calendar years 2017 and 2018. The proposed changes are as follows: Cost of Living Wage Adjustment The City proposes the following cost of living adjustment: 2017: 2.25% 2018: 2.50% Market Adjustments to Various Positions Fire Chief: The City agrees to a 0.05% market adjustment effective 1/1/17. Police Chief: The City agrees to a 2.0% market adjustment effective 1/1/17. 1. Deferred Compensation Benefits The City agrees to the following Deferred Compensation Benefits: Additional $50 in 2017 (total amount = $1,700) and an Additional $50 in 2018 (total amount = $1,750) 2. Insurance Contributions The City proposes the following language: The EMPLOYER will contribute up to a maximum of eight hundred ninety -five dollars ($895) per month per (permanent and probationary full -time) employee for calendar years 2017 and 2018 for employee life insurance, group health insurance, long term disability insurance, and dental insurance. For employees enrolled in one of the City's high deductible health plans the City will contribute $30 of the $895 into an employer designated health savings account. Should the overall cost of such benefits (insurances and City HSA contribution) be less than $895 per month, the difference may be used toward any other City - provided benefits and /or City- sponsored deferred compensation program. 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 $995 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 $1095 for employees taking family health insurance 50 PMAandCM Council Letter (3) City of Columbia Heights - Council Letter Page 2 In previous years, the City Manager has received an adjustment in compensation and benefits consistent with that given the Public Managers' Association (PMA). In order to continue this policy for the City Manager, the cost of living and insurance adjustments are proposed to be adjusted accordingly via separate resolution. Attached please find Resolutions 2017 -32 and 2017 -33 which would adopt and establish the changes as negotiated for the PMA for calendar years 2017 and 2018 and adopt and establish correlating changes to the City Manager's compensation and benefits. RECOMMENDED MOTION: Move to waive the reading of the resolutions, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2017 -32, regarding the Memorandum of Understanding between the City of Columbia Heights and the Public Managers' Association, effective January 1, 2017 - December 31, 2018. RECOMMENDED MOTION: Move to adopt Resolution 2017 -33, regarding the changes to the City Manager's compensation and benefits for 2017 and 2018. -M RESOLUTION NO. 2017 -32 A Resolution of the City Council for the City of Columbia Heights, Minnesota, approving a memorandum of understanding between the City of Columbia Heights and the Public Manager's Association Whereas, negotiations have proceeded between the Public Manager's Association, representing Division Heads of the City, and members of the City's negotiation team; and Whereas, said negotiations have resulted in a mutually acceptable collective bargaining agreement for calendar years 2017 and 2018; and Whereas, changes to the current agreement are hereby attached as Exhibit A, and a copy of said collective bargaining agreement is available for inspection at the Office of the City Manager and is made a part hereof by reference. Now therefore, be it resolved that the collective bargaining agreement as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 2017 and 2018 for the Public Manager's Association, bargaining unit employees of the City; and Be it further resolved that the Mayor and City Manager are hereby authorized to execute this collective bargaining agreement and memorandum of understanding. Passed this day of , 2017 Offered by: Seconded by: Roll Call: Donna Schmitt, Mayor Attest: Katie Bruno, City Clerk /Council Secretary Resolution 2017 -32 52 2017/18 PUBLIC MANAGERS ASSOCIATION CITY OF COLUMBIA HEIGHTS' RESPONSE AND PROPOSAL 3/10/17 1. Cost of Living Wage Adjustment The City proposes the following cost of living adjustment: 2017: 2.25% 2018: 2.50% 2. Deferred Compensation Benefits The City agrees to the following Deferred Compensation Benefits: Additional $50 in 2017 (total amount = $1,700) and an Additional $50 in 2018 (total amount = $1,750) 3. Insurance Contributions The City proposes the following language: The EMPLOYER will contribute up to a maximum of eight hundred ninety -five dollars ($895) per month per (permanent and probationary full -time) employee for calendar years 2017 and 2018 for employee life insurance, group health insurance, long term disability insurance, and dental insurance. For employees enrolled in one of the City's high deductible health plans the City will contribute $30 of the $895 into an employer designated health savings account. Should the overall cost of such benefits (insurances and City HSA contribution) be less than $895 per month, the difference may be used toward any other City - provided benefits and /or City- sponsored deferred compensation program. 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 $995 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 $1095 for employees taking family health insurance 4. Market Adjustments to Various Positions Fire Chief: The City agrees to a 0.05% market adjustment effective 1/1/17. Police Chief: The City agrees to a 2.0% market adjustment effective 1/1/17. The City reserves the right to add to, modify, delete, and /or change any portion of this proposal at anytime during the negotiation process. 53 RESOLUTION NO. 2017 -33 A Resolution of the City Council for the City of Columbia Heights, Minnesota, approving changes to the City Manager's Compensation and Benefits for 2017 and 2018 Whereas, in previous years the City Manager has received an adjustment in compensation and benefits consistent with that given the management employees; and Now therefore, be it resolved that the City Council of the City of Columbia Heights does hereby make the following modifications to the City Manager's compensation and benefits, consistent with pay adjustments and benefits granted other management employees: Effective January 1, 2017: 2.25% cost of living adjustment Effective January 1, 2018: 2.5% cost of living adjustment $895 per month Employer contribution to insurances for 2017 and 2018. Contributions are either 1) premium contribution if participating in the high option health insurance plan, or 2) with a $30 HSA contribution (deducted from the $895) if participating in a high deductible health plan. 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 $995 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 $1095 for employees taking family health insurance. Be it further resolved that the Mayor and City Manager are hereby authorized to execute this collective bargaining agreement and memorandum of understanding. Passed this day of , 2017 Offered by: Seconded by: Roll Call: Donna Schmitt, Mayor Attest: Katie Bruno, City Clerk /Council Secretary Resolution 2017 -33 54 CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7F MEETING DATE APRIL 10, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: ADOPT RESOLUTION 2017 -34 ESTABLISHING A PUBLIC HEARING FOR 39T "AVENUE MILL & OVERLAY, CENTRAL AVENUE TO HUSET PARKWAY ROUNDABOUT DEPARTMENT: Public Works CITY MANAGER'S APPROVAL: BY /DATE: Kevin Hansen / April 5, 2017 BY /DATE: � / 7 BACKGROUND: The City Council authorized the preparation of Feasibility Reports for State Aid streets in 2017. Based on condition ratings, staff had initially considered two MSA segments: Main Street from 37th Avenue to 40th Avenue and 39th Avenue from Central Avenue to the Huset Parkway roundabout. Due to the City's water main replacement project and Anoka County's overlay project on Main Street north of 40th Avenue, staff is recommending delaying that segment until 2018. Staff has completed the Feasibility Report for 39th Avenue. 39th Avenue is an existing two lane roadway 46 feet in width to back of curb. For the segment between Jackson Street and the roundabout, the adjacent property use is industrial and varied conditions of on and off street parking exists. For the segment between Jackson Street and Central Avenue, the primary use is residential. The City's largest park, Huset Park, is located at the west end; Central Avenue is located at the east end of the project and is a primary corridor route. Over 250 units of medium density residential are also located at the west project boundary. Additionally, the new City library is located on the other side of Central Avenue at the project's east boundary. Due to unique parking issues in the industrial area, and destinations at the project boundaries, staff evaluated a pedestrian connection as part of the Feasibility Report. ANALYSIS /CONCLUSION: Public Information meeting: Two residential property owners, six business representatives /property owners, and one council member attended the meeting. The concept plans for 39th Avenue were discussed for about one hour. At the end of the meeting, the City Engineer summarized the concerns of business representatives as: • The condition of the curb is in poor shape. • Narrowing of the street width is a concern if it limits truck /trailer access into the businesses. • Some support the sidewalk, one opposed, and a few were neutral. I. Roadway and Parking: 39th Avenue is a wide street with 23 feet paved in each direction. It does support truck traffic. In the last two traffic counting years, traffic has actually increased from 1,400 ADT (2008) to 1,550 ADT (2012). The road last had an edge milling and overlay in 1993. Staff recommends a 2 -1/2 inch mill and overlay on the entire segment. 2. Sidewalk: Staff recommends consideration of a 5 or 6 foot sidewalk on the south side of the roadway. A new curb would be placed along the entire south curb line. The treatment of the roadway would change from a mill and overlay to a reclamation as the centerline (or high point) would change. The street assessment rate would be based on a mill and overlay with the addition of a sidewalk. 55 City of Columbia Heights - Council Letter Page 2 3. Parking: Parking in the industrial area is difficult as the businesses are relatively close to the ROW, many of them are vehicle oriented creating vehicle storage issues or vehicles in transition and many of the properties are paved right up to the back of curb. Based on input received at the informational meeting, staff recommends maintaining parking on both sides and looking at parking restrictions on a case by case basis. STAFF RECOMMENDATION: Establish the public improvement hearing with two options: 1) Mill and overlay, or 2) Addition of a sidewalk on the south side of the roadway. RECOMMENDED MOTION(S): Move to waive the reading of Resolution 2017 -34, there being ample copies available to the public. Move to adopt Resolution 2017 -34 being a resolution establishing a Public Improvement Hearing for Monday, May 1, 2017 at 6:00 PM in the City Council Chambers. ATTACHMENT(S): Resolution 2017 -34 Feasibility Report Cross section diagrams (2) 56 RESOLUTION NO. 2017-34 A resolution of the City Council for the City of Columbia Heights, Minnesota, WHEREAS, the City Council of Columbia Heights is proposing to rehabilitate select state aid streets in the city that have not been rehabilitated under the street program, and WHEREAS, pursuant to Resolution No. 2016 -84, a report has been prepared by the City Engineer with reference to the Program, and the following street(s): 39th Avenue NE, Huset Parkway to Central 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 April 10, 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 1. The Council will consider the improvement of such streets in accordance with the report and the assessment of 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 $555,570. A public hearing shall be held on such proposed improvement on the 1St day of May, 2017 in the City Council Chambers at 590 40th Avenue N.E. at 6:00 P.M. and the City Clerk shall give mailed and published notice of such hearing and improvement as required by law. ORDER OF COUNCIL Passed this 10th day of April, 2017 Offered by: Seconded by: Roll Call: Donna Schmitt, Mayor Attest: Katie Bruno, City Clerk /Council Secreta 57 CH City of Columbia Heights FEASIBILITY REPORT FOR 2017 STREET REHABILITATION IMPROVEMENTS: M.S.A.S. OVERLAY CITY PROJECT 1705 APRIL., 2017 ENGINEERING DEPARTMENT 63738 th Avenue NE, Columbia Heights, MN 55421 763 - 706 -3700 •:*# 763 - 706 -3701 (Fax) 58 STREET REHABILITATION IMPROVEMENTS COLUMBIA HEIGHTS, MINNESOTA M.S.A.S.OVERLAY PROJECT NUMBER 1705 LOCATION: 39TH AVENUE NE, HUSET PARKWAY ROUNDABOUT TO CENTRAL AVENUE This feasibility study includes an analysis of proposed street rehabilitation on the municipal state aid system. IMPROVEMENTS: Street Rehabilitation and Sidewalk Improvements The work will either be a partial reconstruction with new concrete curb and gutter and sidewalk along the south side of the street or a mill and overlay with no pedestrian improvements between Huset Parkway and Central Avenue. New Concrete Curb and Sidewalk on the South Side, Reclaimed Base and New Pavement The street width would be reduced from 46' to 40' (Back of curb) by constructing the curb and gutter 6' north of the existing location. A 6' wide sidewalk would be placed directly behind the curb on the south side of the street. Moving the curb and gutter will shift the centerline of the street. It would be necessary to reclaim the existing bituminous and base materials and construct a new bituminous pavement. Random curb and gutter would be replaced as required on the north side of the street. In addition, pedestrian ramps will be constructed and hazardous sidewalk replaced on 39th Avenue from Jackson Street to Central Avenue. Mill and Overlay - Random curb and gutter replacement as required, milling of the existing bituminous surface and placement of new 2" to 3" bituminous pavement. Pedestrian ramps will be constructed and hazardous sidewalk replaced for the existing sidewalk on 39th Avenue from Jackson Street to Central Avenue. Utility Construction — Storm sewer will be extended on the south side of 39th Avenue for approximately 200' to pick up localized flooding during heavy rain. 2 59 No major water main or sanitary sewer replacement is proposed. INITIATION: City Council in accordance with the Street Rehabilitation Policy. OWNERS The location of each street is described below and shown on the attached map. BENEFITTING: The total number of parcels is 117. OWNERS Street Rehabilitation ABUTTING 1. 39th Avenue, Huset Parkway to Quincy Street (22) OR 2. 39th Avenue, Quincy Street to Jackson Street (25) IMPACTED: 3. 39th Avenue, Jackson Street to Van Buren Street (39) 4. 39th Avenue, Van Buren Street to Central Avenue (31) ISSUES: The following is a study of the key project issues. From Huset Parkway to Quincy Street /Jackson Street, the use is industrial. The remainder is residential. There is heavy use of on street parking in the industrial area. At most businesses, parking extends from the building to the back of curb. Power poles are also located directly behind the curb. It would be difficult to provide a pedestrian sidewalk along 39th Avenue without narrowing the street. New Concrete Curb and Gutter and Sidewalk on the South Side Reclaimed Base and New Pavement The street width would be reduced from 46' to 40' (Back of curb) by constructing the curb and gutter 6' north of the existing location. This would provide additional space for a 6' wide sidewalk directly behind the curb on the south side of the street. Moving the curb and gutter will shift the centerline of the street. It would be necessary to reclaim the existing bituminous and base materials to a 9" depth, remove 5" and construct a new bituminous pavement. Existing concrete curb and gutter on the north side would be preserved except for sections in poor condition, with poor drainage, or are considered to be a hazard to the snowplows. Sidewalk would be replaced as needed to comply with ADA pedestrian ramps and to replace sections considered hazardous under the City's policy. 3 60 Mill and Overlay- The proposed construction would consist of milling off 3" of bituminous pavement across the entire street surface and paving a new 3" bituminous mat. Existing concrete curb and gutter would be preserved except for sections in poor condition, with poor drainage or are considered to be a hazard to the snowplows. Existing sidewalk would be replaced as needed to comply with ADA pedestrian ramps and to replace sections considered hazardous under the City's policy. Utilities Storm sewer will be extended on the south side of 39th Avenue for approximately 200' to pick up localized flooding during heavy rain. No other major water main, sanitary sewer or storm sewer replacement is proposed on the mill and overlay streets. New rings and castings will be installed on manhole and catch basin structures as needed. New gate valve tops will be installed as needed. Roadway construction will include minor modifications to existing water main, sanitary and storm sewer utility surface structures in order to meet proposed finish grades. FEASIBILITY: The proposed improvement project is necessary to provide consistency with the street rehabilitation policy, cost - effective with the inclusion of partial city funding, 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: Construction is scheduled to begin in summer of 2017, with substantial completion occurring in the fall of 2017. Public Informational meeting prior to Public Improvement Hearing Mar 23, 2017 Council receives Feasibility Report and orders Public Improvement Hearing Apr 10, 2017 Public Improvement Hearing and Council orders Public Improvement Project May 1, 2017 Council Approves Plans and Specifications, Authorizes Advertisement for Bids May 8, 2017 Bid Opening June 6, 2017 Council Awards Contract June 12, 2017 Begin Construction July, 2017 Construction Completed Oct, 2017 4 61 FINANCING Financing would be a combination of assessments to benefitted properties, infrastructure fund including Municipal State Aid funds, and utility funds. The estimated construction cost for mill and overlay with sidewalk construction on the south side is as follows: Proposed Infrastructure/ Type of Construction Assessments MSAS Fund Mill and Overlay $222,220 $55,800 with Sidewalk Engineering and Administration $25,275. The estimated costs shown above are for a typical overlay on a residential street plus sidewalk construction on one side. The costs do not reflect partial reconstruction of new curb and gutter on the south side, bituminous and gravel reclamation, and new pavement. The estimated construction cost for mill and overlay is as follows: Proposed Infrastructure/ Type of Construction Assessments MSAS Fund Mill and Overlay $190,475 $47,830 Engineering and Administration $21,665. The estimated costs shown above are for a typical overlay on a residential street. The costs do not reflect the proposed 3" deep mill and overlay costs on the wider state aid street. Percentages proposed to be assessed for street rehabilitation are consistent with the policy followed under each of the prior street rehabilitation zones. In 2014, the City Council amended the assessing policy to include MSA streets, and to subsidize properties along MSA streets, based on traffic volume of the street. 39th Avenue has 1,550 ADT. Properties will be subsidized 15 %. The assessments reflect a flat fee of 10% of the construction cost included in the amount to assess for a portion of the Engineering and Administration costs. k, 62 Utility work performed as part of the overlay project will be paid for from the appropriate utility fund. ASSESSMENT: Assessments will be in accordance with the City's Street Rehabilitation Ordinance and past practice. Assessments can be based on a per foot basis or a parcel basis. Following the other Zones assessment policies, assessments would be on a Street and Avenue parcel basis. A Street assessment would be at the developed rate for the particular rehab strategy while Avenue assessments would be at approximately % of the street rate extending % block in either direction of the Avenue. This assumes that all parcels benefit equally for the strategy in front of their property or abutting it, in the case of the Avenue. INFORMATION Staff invited property owners to an informational meeting on March 23rd. The MEETING: following was summarized at the end of the meeting: Two residential property owners, six business representatives /property owners, and one council member attended the meeting. The concept plans for 39th Avenue were discussed for about one hour. At the end of the meeting, the City Engineer summarized the concerns of business representatives as: • The condition of the curb is in poor shape. • Narrowing of the street width is a concern if it limits truck /trailer access into the businesses. • Some support the sidewalk, one opposed, and a few were neutral. PAST Residential property owners on Van Buren Street and Central Avenue north of 39th ASSESSMENTS: Avenue were assessed $2,050 over a 10 year period for alley reconstruction in 2015. Commercial owners were assessed $4,600 per 50' equivalent parcel. Residential property owners on Quincy Street, Jackson Street, and Van Buren Street were assessed a street rate of $2,460 over a 15 year period for street reconstruction in 2004. Commercial owners were assessed $4,920 per 50' equivalent parcel. 63 2017 IMPROVEMENT PROGRAM COLUMBIA HEIGHTS, MINNESOTA ESTIMATED ASSESSMENTS - PROJECT NO. 1705 M.S.A.S. STREET REHABILITATION PROGRAM (Section 35, T30N, R24W) I. MILL AND OVERLAY WITH SIDEWALK The estimated costs shown above are for a typical overlay on a residential street plus sidewalk construction on one side. The costs do not reflect partial reconstruction of new curb and gutter on the south side, bituminous and gravel reclamation, and new pavement. Estimated Cost: Assessable Construction Cost: $278,020. $222,220. Estimated Assessed Cost per Parcel* C, I, MF Street: $3,213.00 C, I, MF Avenue: $1,071.00 Estimated Assessed Cost per Parcel* Residential Street: $2,731.05 Residential Avenue: $ 910.35 *Estimated cost include 15% M.S.A.S. subsidy I. MILL AND OVERLAY The estimated costs are for a typical overlay on a residential street. The costs do not reflect the actual 3" deep mill and overlay costs on the wider state aid streets. Estimated Cost: Assessable Construction Cost: $238,302. $190,475. Estimated Assessed Cost per Parcel* C, I, MF Street: $2,754.00 C, I, M Avenue: $ 918.00 Estimated Assessed Cost per Parcel* Residential Street: $2,340.90 Residential Avenue: $ 780.30 *Estimated cost include 15% M.S.A.S. subsidy 7 64 lo 6 '-1 3N 3rIN3AV IVHUND 3N 133NiS A7Nln7D m t; ao -JL-L-- 0 _. �n m o 'o 00 < z 0 z 2z o 3N AMIS Num] NVA 0 tell I 3NIHDVV4JAI 10 -I Be C, ww 0 E, 0 Iz 01 o 3N 1338I5 NOS)IZ)Vf W 0 0 o-, > Fu. 0 fli 51 Ni 0 T-3NM4-hIl Z�d 0 Z 3N1331II5 A3NinD RDIIN � ; W 3 n ° .. - 1 3N 3r)N3AV WIND w o p n ¢ wF 3N133N1S AJNMI) f W i O U � V f � `I p';. , k ¢ z l d �p r 3 r oz zu aN� z z - - --' U 11 : -.- -- --- -- '-- - - -- — a° aI o 11 311 114 133811 Nung NVA I 3NIHOM-)AI , i I I 5 ? m me O' I 1 B z m z u z w io z 111 i a: Lp az I r N> o f.. .a 3N 13381S NOSNDVr dal, E 111111& z8 aas oa W. - -- -- -- -- -- s N �. 'o a z0 g m z - Z s 1f1 a1S c x x , a� a m Z �g o OZ s Ul 3NnmisA mn-o a S Yi w %W�.z ZZ 1 y 'a C,� COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7G MEETING DATE APRIL 10, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: GOOSE MANAGEMENT PLAN DEPARTMENT: PUBLIC WORKS CITY MANAGER'S APPROVAL: r BY /DATE: KEVIN HANSEN /APRIL 5, 2017 BY /DATE: r � BACKGROUND: Staff has prepared a Canada Goose Management Plan, attached. The City is now required to secure a state permit on an annual basis for the removal of geese from select locations. Absent the adoption of a formal management plan, we will be limited in our management techniques and precluded from acquiring a permit for the removal of live birds. In the past, the company performing the trapping has been able to obtain a permit on behalf of the City. The DNR now requires the City to obtain the permit, and we are now required to have a management plan in place before future permits will be approved. ANALYSIS /CONCLUSIONS: The attached policy allows summer removal of birds (as has historically occurred). It creates a flexible plan focused on high -use public spaces (major parks and athletic complexes) and locations of water quality concerns. To allow for flexibility across the city, all of the city parks are included under the plan. The plan allows for the use of many management techniques and does not require removal and /or hunting. Historically, removal has been the most effective means of controlling the goose population in the city but it is not a requirement. The plan identifies and details: 1. Goose habitat, human use conflicts, and water quality conflicts. 2. Management recommendations and techniques. 3. Population reduction. STAFF RECOMMENDATION: Staff recommends approval of the Goose Management Plan. Staff is proposing to perform removals at Labelle Park in 2017. RECOMMENDED MOTION(S): Move to accept the Goose Management Plan for Columbia Heights dated April 2017, allowing removal of birds in high -use public spaces and areas of water quality concern. ATTACHMENT(S): Goose Management Plan 67 l A CANADA GOOSE MANAGEMENT PLAN FOR THE CITY OF COLUMBIA HEIGHTS Ci COLUMBIA HEIGHTS 68 TABLE OF CONTENTS Columbia Heights Goose Management Concerns 1.1 Canada Goose Habitat Use and Population Estimate 1.2 Visitation and Recreation Areas 1.3 Concentrated Habitat Use and Human Use Conflicts 1.3.1 Proximity Sensitive Areas 1.3.2 Water Quality Impacts 1.3.3 Water Quality Sampling Canada Goose Management Recommendations 2.1 Goals and Measures 2.2 Geographic Scope 2.3 Management Techniques 2.3.1 Population Reduction 2.4 Public Information 2.5 Partner Relationships and Permit Requirements Appendices: Appendix A: Columbia Heights Context and Land Cover Map (A -1, A -2, and A -3) Appendix B: Canada Goose Population Reduction & Management Zones Appendix C: Management Activity Tracking Form Appendix D: Canada Goose Nest Search Area Map ATI 1. The City of Columbia Heights Context and Goose Management Concerns 1.1. Canada Goose Habitat Use and Population Estimate The City of Columbia Heights encompasses approximately 2,170 acres or 3.5 square miles of varied habitats. Urban development, various wetland types, floodplains, ponds, lakes, creeks, and developed recreational areas are the dominant land cover types within the boundaries (see Appendix A 1 -3). Canada geese use various areas of Columbia Heights. Nesting occurs in parks and natural open spaces found within and adjacent to the areas identified in Appendix A. Newly hatched broods tend to loaf and feed in the public open spaces and developed recreation areas. After their flightless period, Canada geese are more mobile and frequently move from wetland, flood plain, public open space and recreation areas to adjacent feeding areas in developed urban and recreational areas, and the City's natural and man -made stormwater holding ponds /drainage systems. During the late spring and early summer months, when adult geese pair and build nests, approximately 20 breeding pairs are typically present. In mid - summer, as many as 100 young and adult geese are found in these same areas, depending on reproductive success. Later in the summer, (late July through September) flocks exceeding 200 individuals are observed throughout the City, due to birds flying into the vicinity from surrounding areas. 1.2 Visitation and Recreation Areas Park and recreation areas in Columbia Heights that are impacted the most by geese include LaBelle Park, Silver Lake Beach, Sullivan Park, Prestemon Park, Ramsdell Park, Highland Lake and Huset Park. These locations have surface water elements and varying areas of open space. The general public occupies all areas of the open space for active organized athletic field usage and passive recreation — hiking and biking trail usage, picnicking, playgrounds, etc. 1.3 Concentrated Habitat Use and Human Use Conflicts All park and recreation spaces typically experience excessive goose excrement in many areas, including parking lots and picnic areas, along and on trails, on the athletic fields, and around bathroom areas. Geese often feed on and cause damage to the athletic fields (baseball, softball, football, soccer), typically at the most critical time of establishment and high usage during the athletic seasons. These excrement deposits area nuisance and elicit numerous complaints by both employees and park users, especially from the various recreational teams and groups that rely on the City's park spaces. The aggressive behavior of some of these geese affects park users, both young and old. 1.3.1 Proximity Sensitive areas In addition to the public and recreational spaces listed above there are several schools, regional parks, townhouses and condominiums located in close proximity that may experience additional geese if management resulted in dispersal of the goose population vs. removal. Additionally, if geese take flight during goose management activities it could lead to a scattering of the population to adjacent municipalities, townhome association open spaces, or alternate local park and /or treatment pond locations; resulting in similar nuisances and complaints from area residents and business owners. 1.3.2 Water Quality Impacts In addition to the damage and nuisance concerns on the green spaces and hard surfaces, lakes and ponds are also experiencing E.coli loadings from wildlife and goose excrement (whether direct or through the storm 70 sewer system). As storm water travels through the city collection system towards the Mississippi River significant concentrations could become problematic and have already impacted many ponds and lakes in the city (Clover Pond, Hart Lake, Zurek Pond, and Secondary Pond). Silver Lake is also a popular recreational area for fishing and water sports, and it has an active swimming beach. Columbia Heights works cooperatively with the Mississippi Watershed Management Organization (MWMO) on all water quality issues, and has participated in Minnesota Pollution Control Agency (MPCA) Watershed Restoration and Protection Strategy programs. These studies test local bodies of water, E.coli levels, and how wildlife impairs water quality. Wildlife contribution is anticipated to fluctuate during early spring and fall as a result of migration patterns. Of all wildlife, geese and waterfowl are considered to contribute 50 -55% to the E.coli levels (Anoka County— Sullivan Lake). The multiple open recreational areas within the City of Columbia Heights are ideal resting locations for migrating waterfowl. 1.3.3 Water Quality Sampling All water quality sampling in Columbia Heights would be conducted by the Mississippi Watershed Management Organization or the Anoka Conservation District on an as needed basis to test for elevated levels that may be a concern to human health and welfare. 2. Canada Goose Management Recommendations 2.1 Goals and Measures Canada goose management goals for Columbia Heights have historically been conducted by trap and removal practices of adult birds and goslings in the summer (before goslings take flight). Columbia Heights would, however, like to keep all possible options available; including recording, tracking, habitat modifications, redistribution, egg removal, trap and process, and hunting. Management activities should be flexible and allow for the use of the best option available based upon the conditions present at the time of permitting and past management practices. Columbia Heights would like to achieve a localized reduction in nesting and flightless geese, and has adopted the ongoing goal of no more than 4 -6 breeding pairs within the city limits. The ongoing goal for reducing loafing on or near water features with walking trails, such as LaBelle Park, is to prevent all significant use of the open green space and hard surface areas utilized for recreational and public use purposes by Canada geese during the summer months (May through September). 2.2 Geographic Scope In the past, the population reduction and concentrated use reduction goals was primarily focused on one distinct area, but under this plan may also be considered in all areas within the city limits as conditions dictate. The population reduction area outlined in Appendix B represents the areas adjacent to LaBelle Park and pond that would be expected to produce broods that would subsequently move to use this site after hatching. Due to the observed history of this site, the quantity of geese and proximity of the impaired surface waters, population reduction activities may also be focused on Jackson Pond. It should be noted that areas owned by other entities and /or residents within or adjacent to the City of Columbia Heights lay outside the scope of this plan and, as such, may be impacted by goose management activities. 2.3 Management Techniques The proposed techniques for Canada goose management at the City of Columbia Heights are varied in type forthe different geographic areas. Meeting the goals of the City will require implementation of a broad set of techniques. Any one management technique used alone will likely be ineffective for any significant length of time, since tolerance and habituation will likely occur. As a result, we propose to use an integrated 71 management approach, with a number of various techniques applied in varying ways, times and locations. 1) Recording /Tracking Management Activities for Future Adjustments /Improvements All management activities will be documented on the Management Activity Tracking Form (see Appendix C) and submitted to the Area Wildlife Manager by September 10" of each year. Permittee must keep a copy of this on file to help facilitate future management activities that might need adjustments or improvements. 2) Habitat Modification Various private properties and /or businesses occasionally report goose damage and fecal deposits on or adjacent to their property. Columbia Heights would like to adjust management activities to address such verified complaints within the city limits on an as needed basis, as documented by the previous record and tracking activities. Options to consider for habitat modification will be tailored to meet the unique characteristics and concerns of the location(s), including increased height of vegetation, vegetation buffer distance, planting or promoting shrub or natural willow colonization, landscape plantings, or by ceasing to mow certain areas. Any ideas to be considered would be discussed with appropriate DNR staff. 3) Temporary Physical Barriers The use of temporary fencing such as snow fence or woven wire fencing that limits Canada goose access to LaBelle Pond and Silver Lake Beach, and to any other public open spaces, stormwater treatment ponds, or other impaired waterbodies during the spring, summer, and /or fall season will be considered. Any fencing that is installed would need to be removed and re- established in a manner that prevents geese from entering the fenced off area from the water or from the adjacent upland area in a more permanent fashion. 4) Permanent Physical Barriers The use of permanent vegetative or woven wire fencing that limits Canada goose access to Silver Lake, public open spaces, stormwater treatment ponds, and other impaired waterbodies during the spring, summer, and /or fall season may be considered. Any fencing that is installed would be approved by the Area Wildlife Manager and will be established in a manner that prevents geese from entering the fenced off area from the water or from the adjacent upland area. Routine inspection of the fence will be done on a monthly basis. Fencing should be used in conjunction with vegetation barriers, or the use of vegetation to obscure the fence. 5) Redistribution Techniques Preventing Canada geese from loafing on the beach, developed recreational areas and public spaces, and adjacent areas will be an ongoing activity during the summer months. We anticipate using a number of techniques to redistribute the geese to other areas of the park or city. Additionally, we plan to use multiple techniques at varied times and with subtle shifts in methods so that the geese do not become habituated to any one technique or get accustomed to a particular schedule of activity. All of the methods will have some impact on the park visitor experience, and mitigating this disruption will be a priority. Some redistribution techniques require specific training, personal protective equipment, and adherence to policies and procedures for their safe use. While some of these visitor impacts and safety considerations are mentioned alongside each technique, a thorough 72 examination of these and other issues should be conducted prior to employing a particular redistribution technique. Depending on the methods used, notification will be provided via location specific signage, direct mailings to adjacent properties, and /or a posting to the City website. ;o�, Human and Mechanical Disruption • Disturbing loafing and feeding Canada geese by individuals on foot so geese can be moved from the area of concern to an adjacent area or off the property. v Predator Decoys • The use of 2D or 3D coyote /dog decoys on the athletic fields or open green space to discourage use by geese is a management option. Decoys that are placed intermittently and exhibit periodic motion due to wind gusts can be effective at deterring geese. 6) Excrement Removal Sporadic removal of goose excrement from public open spaces may be necessary during the late spring and summer months. The primary goal is to effectively redistribute geese away from these areas, with the goal being a reduction of feces in these areas. However, it may be necessary to remove incidental goose feces from the athletic fields, trails, picnic areas, playgrounds, and /or open green space areas on an as needed basis. 2.3.1 Population Reduction Nesting Management Annual nest search and treatment should be conducted in localized areas. The areas to be searched and treated include suitable nesting habitat immediately adjacent to LaBelle Pond, Silver Lake Beach, Sullivan Lake, Zurek Pond, Jackson Pond, Highland Lake and Prestemon Park (see Appendix D). Nest searches and treatment protocol should follow methods prescribed bythe required USFWS and MN -DNR permits. Permit conditions will be followed and reporting will be conducted on an annual basis. To facilitate future nest searches in large areas, GPS coordinates of all Canada goose nests should be obtained since nest site fidelity is strong and the same nest sites are likely to be used in subsequent years. Trapping and removal (during flightless period) Capture and removal of flightless, mixed age groups of geese during the summer flightless period is an effective way to reduce the localized population of geese during the peak beach and recreational use time (June - July). The use of contractors or trained staff (if permitted) to capture, remove and dispose of geese from the City of Columbia Heights is a management option. Such removal would need to be detailed as part of a removal permit application through the DNR Fish & Wildlife Division, and goose removal and disposition would need to be conducted according to the permit conditions. Goose Harvest Selective and occasional lethal removal of individual geese is an effective complement to pyrotechnic shells and other redistribution or hazing methods. Lethal removal of geese by means of shooting geese on an occasional basis is a management option. Such removal would need to be detailed as part of a removal 73 permit application through the DNR Fish & Wildlife Division, and goose removal and disposition would need to be conducted according to the specific permit conditions. Such conditions would include the number of individuals and the specific information about the methods to be used in their harvest and disposition. 2.4 Public Information Informing the public and park users about Canada goose management activities is an integral part of a successful goose management plan. Information and signage detailing some of the methods being used will be developed to provide users with background information. Signage or posted notices may be developed for certain activities. Additionally, individual users will be notified of pending activities that might be considered alarming had they not received prior notice and explanation. All persons performing management activities should provide users with accurate and thorough information about our goose management objectives, and also inform users how the particular management activity being conducted fits into the larger Canada goose management plan. 2.5 Partner Relationships and Permit Requirements Coordination with all appropriate entities; including but not limited to, residents, local law enforcement, the Minnesota Pollution Control Agency, Mississippi Watershed Management Organization, and Anoka Conservation District will be conducted for population monitoring and permitting, and all goose management activities. Compliance with all DNR permitting requirements, including annual reporting, and notification and involvement of the Area Wildlife Manager will be strictly adhered to. 74 NOIIIOIN2 h3N30 d0 A.IIJ � W o • C�Cl) ch Y � r d J d N O Cl) Q *.. 0 M 2 A -2 PARKS Address 80 Main St 3900 Cleveland St 1500 40th Ave 4100 Central Ave NE 4333 2nd St 1345 45 1/2 St 4657 Upland Crest 1501 49th Ave 1801 49th Ave 4755 7th St 721 51 st St 4101 Stinson Blvd 3701 Central Ave NE 3950 Edgemore PI 530 Mill St 1150 41st St 4301 Stinson Blvd rig A -2 OBJECT ID PARK AREA PERIMETER ACRES 1 LOMANKI 64467 1296 1.5 2 PRESTEMON 423092 2630 9.7 3 OSTRANDER 97695 1495 2.2 4 WARGO COURT 16250 510 0.3 5 GAUVITTE 323026 3591 7.4 6 KEYES 397446 2853 9.1 7 HILLTOP 60516 1321 1.4 8 CURT RAMSDELL 214426 2067 4.9 9 ALBERTA. KORDIAK 1276621 5824 29.3 10 MC KENNA 367765 2462 8.4 11 SULLIVAN LAKE 1097835 4778 25.2 12 SILVER LAKE 90763 1359 2.1 13 GATEWAY 3604 295 0.1 14 EDGEMOOR 28896 973 0.3 15 HUSET 1351769 7062 31.0 16 LABELLE 782343 4948 18.0 17 SILVER LAKE BEACH 229878 2083 5.3 20 CIRCLE TERRACE 0.0 A -2 PARKS Address 80 Main St 3900 Cleveland St 1500 40th Ave 4100 Central Ave NE 4333 2nd St 1345 45 1/2 St 4657 Upland Crest 1501 49th Ave 1801 49th Ave 4755 7th St 721 51 st St 4101 Stinson Blvd 3701 Central Ave NE 3950 Edgemore PI 530 Mill St 1150 41st St 4301 Stinson Blvd rig A -3 ACRES NAME 13.9 SULLIVAN LAKE 0.9 SECONDARY POND 3.2 CLOVER POND 14.7 HIGHLAND LAKE 1.5 JACKSON POND 5.0 LABELLE POND 8.6 HART LAKE 72.5 SILVER LAKE 0.7 HUSET PARK POND 77 A -3 Lakes & Ponds A -3 r�olr�rva r,�aN ao .I.LIJ do Ai,1a CA18 NOSNIIS _. 1SA31NI)OW'.':_- -y o 8a s1H9i3H° z btl._/ S a _ 1S NIWVfN38 o NM3d r� aNV1d1}1S3M a8'WVHIVHJ _ _ :15 aNV13A310__ NPRt 0�V �Id 8nHIHV ... - --: -" _ _ - 1S 8nH18V : — i a Q_ . _ _ :. - I N O - _ ` • 1s s3ssA1n I Q ��� . y - :.1s 3�A08 " Q _ _ �. IS C031DW -15 NOSNHOf _ ._ \ .�S Od �• �..1S N100N11 l W..._ldiyy - .,'B (� ... -- m �,B� , :1S NVNVHOnB i I = I Wj - d O NJ a N � Jy 'lye .W i 1S3J831d JPdy 4 1S 380WTlid Is 801AV1 -ld AIOd F CT baNta,0 _.. --- - ,.. -_ I I�• �, dRu PE7 i Q 3AV 1V81N30 IS N a Oct O is NOSNOVf. = W a � _•`. w :7� x H - - Q- -- - - - - :15 AONIn0 --._ _ -- N Q C Yl W - -_ 1S 30NNOW -IS NOSIaVW - - > 1S NOS83dd3f W '.-15N019NIHSVM _. _ IS HIL J ` rE n IS H19 IS HIS - -- 3 -- -- ._ - — -- -- 1S Hit, 131Q18a QV z J 3AVAlIS83AINa AIL 15 a8£ - ' u , Na N338nVw "VG��,o�. is 2/12 - C� — - - -..15 NIVW - U) u � E 04 'b d J d N C) CNJ le u U CL CM C V K C CL a G G O LL Z _O Q Z cW G U O Q Z w 2 w Q Z Q U X_ in Z w CL a a v 0 z 0 U O J O t c4J G T U Q v E Z v w H a 0 N01HDJ))9 M1NAu ALIJ do,\SIJ 0 w W N M cu o Q CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7H MEETING DATE APRIL 10, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: APPROVE FINAL PLANS AND ORDER ADVERTISEMENT FORBIDS FOR CENTRAL AVENUE SAFETY IMPROVEMENTS, PROJECT 1608 DEPARTMENT: Public Works CITY MANAGER'S APPROVAL: . BY /Date: Kevin Hansen / April 5, 2017 BY /Date: &//Z;// 7 i BACKGROUND: The City of Columbia Heights received funding for Central Avenue Safety Improvements from 47th to 51st Avenues totaling $930,000 through federal funds (90 %) and local State Aid funds (10 %). The source of the funds is MnDOT's Highway Safety Improvement Program or HSIP. The proposed improvements will include pedestrian and vehicle lighting, new sidewalks, and signage focusing on pedestrian safety in the corridor. The consulting firm of SEH, Inc. was approved by the Council at their October 24, 2016 meeting to prepare plans and specifications and provide construction administration. ANALYSIS /CONCLUSIONS: Public Informational Meetina Twelve property owners attended the open house hosted by SEH and City staff. Comments were generally positive regarding the sidewalk replacement and strongly for the street lighting. Questions focused on driveway access during construction and costs to businesses. Feedback for the median treatments was limited — but those that did comment were most interested in the aesthetics and visibility of any future improvements. The federal funding is for Fiscal Year 2017, which requires a construction reimbursement request in calendar year 2017. Plans and specifications are now complete following both MnDOT and Anoka County reviews. The engineers estimate (EE) for the above elements is $955,675. The project schedule is as follows: Bids /Received on June 15, 2017 Substantial Completion Date: November 28, 2017 Final Completion Date: June 1, 2018 Funding will be provided by a combination of MnDOT HSIP ($933,000) funds and City State Aid funds. RECOMMENDED MOTION(S): Move to accept the final plans prepared by SEH, Inc. and authorize staff to seek bids for the Central Avenue Safety Improvements from 47th to 51St Avenues, City Project No. 1608. 81 CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 71 MEETING DATE APRIL 10, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: ACCEPT CHANGE ORDERS FOR LIBRARY PACKAGE CP -2, CITY PROJECT NO. 1410 DEPARTMENT: Public Works CITY MANAGER'S APPROVAL: Zoe Brick lintel at parapet, additional outcropping stone, casework modifications, access .1 �. BY /Date: Kevin Hansen / April 6, 2017 BY /Date: Background: The new City Library included Contract Package 1 (CP -1) for site work and Contract Package 2 (CP -2) for building construction, and site utilities. During the course of product submittal review and during construction the following items have been changed, added or modified and negotiated requiring a change order to the respective contracts. For CP -2, the following contracts are represented for the building construction: 1. General Contractor: Ebert Construction 2. Fire Protection: Breth - Zensen 3. Mechanical Cool Air Mechanical, Inc. 4. Electrical: Peoples Electric Co. Analysis /Conclusions: The change orders are for the following additions or deletions to the contract modifying the respective contracts: ICS Consulting and Public Works staff recommends approval of the Change Orders for Library Bid Package CP -2. RECOMMENDED MOTION(S): Move to approve contract Change Order No. 8 & 9 for Library Bid Package CP -2, Project 1410, to Ebert Construction in the amount of $37,630.13 for a new contract amount of $5,275,726.76. Move to approve contract Change Order No. 5 for Library Bid Package CP -2, Project 1410, to Peoples Electric totaling $22,304 for a new contract amount of $849,178.00. ATTACHMENT(S): Change Order Summary Sheet 82 Change Order #8 & 9 Ebert Brick lintel at parapet, additional outcropping stone, casework modifications, access Construction panels in community room, lobby framing modification for HVAC, and addition of acoustical panels at roof change beam. Change Order #5 Peoples Additional work for Mechanical Contractor and Owner requested work additions Electric Co. ICS Consulting and Public Works staff recommends approval of the Change Orders for Library Bid Package CP -2. RECOMMENDED MOTION(S): Move to approve contract Change Order No. 8 & 9 for Library Bid Package CP -2, Project 1410, to Ebert Construction in the amount of $37,630.13 for a new contract amount of $5,275,726.76. Move to approve contract Change Order No. 5 for Library Bid Package CP -2, Project 1410, to Peoples Electric totaling $22,304 for a new contract amount of $849,178.00. ATTACHMENT(S): Change Order Summary Sheet 82 m � v v o a — C o� f � b o ° " N ul a U - J - L Z b E = E v o o E O v p c c u oa rn u a M ei 4 OD `r M O M � ID .o Q1 Ln O rn N rn m N N � F N N � fPr IL fR � O O — N k � 0 .n O U1 0 0 0 c � w O b Z Z F � aP U c c J2 R m m V o u G Qj J C b0 pQ C [tl C 7 � C x C O U cli O V V N % s. O •� V U u E bb O u E Q Q v cz b N v ° o r C) X u a o c �v± u ± ,� v p Qj cn � v b v ° wD:cl v u 3 O O L ° CU, ° u L sue. 3 � U � � a o o V C ro o P.+ O ° ° .r. � > 3 x o v o 0 w U D d O O O ° b N � h O O u ° O f1 R o v L v v y 'M" W o O d 0 I � .NIt w I I xi. O i ai d a W u ° m� 3 m Ge d I b d d V d u w d Cy o d It O O I �� cvo ago ''I m 7 m CD °o 0 0 Cl C� 0 0 w O CO O L? N U V C N O C O U V M ei 4 M 01 Q1 Ln An m O F N IL v CIS k 0 .n 0 0 0 w O N on U a 3 o u ° Qj O U _0 [tl --+ ate+ x O U cli U <Cd Cd u N % s. O •� O Cd u h bb O u 3 ° N cz b b v ° o r C) X u a o u u �v± u ± ,� v zs Qj cn U 3 b.0 v b v ° wD:cl c u 3 O O uC ° CU, ° u sue. 3 � U � � a o o v ro o P.+ O ° ° .r. U P4 > 3 x o v o 0 u C D d O O O ° b N � h O O u ° O f1 R o v mo w7- ° v y 'M" W o O � .NIt xi. O u ai O ° ° W u ° m� 3 m Ge d b d d V d u w d Cy o d It Cl) co CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT AGENDA ITEM NO. 7.1 MEETING DATE APRIL 10, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Development Contract for Planet Fitness (proposed development at 51St Court NE.) DEPARTMENT: Community Development CITY MANAGER'S APPROVAL: BY /DATE: Elizabeth Holmbeck, 4/6/17 BY /DATE: BACKGROUND: On January 4th, 2017 the Planning and Zoning Commission approved the site plan for a proposal to construct a new commercial building, a fitness center on the vacant parcels located at 51St Court NE. (Property Identification Numbers: 25- 30 -24 -23 -0018, 25- 30 -24 -23 -0017, and 25- 30- 24 -22- 0066). The proposed development will include a 20,094 sf. fitness facility to be located on the south end of the site. Specific site requirements from the City's Engineering Department are outlined in the attached Development Contract. The contract must be approved by the City Council prior to construction. Representatives from Planet Fitness are anticipating beginning construction near the end of this month and that the facility will be open for business in October 2017. STAFF RECOMMENDATION: Staff recommends approval of Resolution No. 2017 -35, approving the contract as presented. RECOMMENDED MOTION(S): Motion: Waive the reading of Resolution No. 2017 -35, there being ample copies available to the public. Motion: Move to approve Resolution No. 2017 -35, being a resolution of the City Council of Columbia Heights, Minnesota, authorizing the execution of the Development Contract for Planet Fitness, between the City of Columbia Heights and AF Columbia Heights, LLC. ATTACHMENTS: Resolution 2017 -35 Development Contract for AF Columbia Heights, LLC 84 RESOLUTION NO. 2017 -35 A resolution of the City Council for the City of Columbia Heights, Minnesota, authorizing the execution of the Development Contract for Planet Fitness, between the City of Columbia Heights and AF Columbia Heights, LLC. Whereas, the Planning and Zoning Commission approved the Site Plan for the proposed development on January 4th, 2017; and Whereas, certain improvements which will be completed as components of this proposed development are required to be reviewed and monitored by the City. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights approves Resolution No. 2017 -35, authorizing the execution of the Development Contract for Planet Fitness, between the City of Columbia Heights and AF Columbia Heights, LLC. ORDER OF COUNCIL Passed this 10th day of April, 2017. Offered by: Seconded by: Roll Call: Donna Schmitt, Mayor Attest: Katie Bruno, City Clerk /Council Secretary 85 DEVELOPMENT CONTRACT FOR AF Columbia Heights, LLC 86 INDEX TO CITY OF COLUMBIA HEIGHTS DEVELOPMENT CONTRACT FOR AF Columbia Heights, LLC RECITALS ARTICLE 1— DEFINITIONS 1.1 Terms 1.2 City of Columbia Heights 1.3 Developer, Owner 1.4 Plat 1.5 Development Plans 1.6 Development Contract 1.7 Council 1.8 PWD 1.9 Director of PWD 1.10 County 1.11 Developer Improvements 1.12 Developer Public Improvements 1.13 Developer Default 1.14 Force Majeure 1.15 Developer Warranties A. Authority B. No Default C. Present Compliance With Laws 87 D. Continuing Compliance With Laws E. No Litigation F. Full Disclosure G. Two Year Warranty On Proper Work and Materials H. Obtaining Permits 1.16 City Warranties A. Authority 1.17 Formal Notice ARTICLE 2 — DEVELOPER IMPROVEMENTS 2.1 Developer Improvements 2.2 Boulevard and Area Restoration 2.3 Street Maintenance 2.4 Occupancy 2.5 Approval of Contractors and Engineer 2.6 Construction 2.7 Inspection 2.8 Faithful Performance of Construction Contracts 2.9 City Acceptance ARTICLE 3 — RESPONSIBILITY FOR COSTS 3.1 Developer Improvement Costs 3.2 Enforcement Costs 3.3 Time of Payment 88 ARTICLE 4 — DEVELOPER WARRANTIES 4.1 Statement of Developer Warranties ARTICLE 5 —CITY WARRANTIES 5.1 Statement of City Warranties ARTICLE 6 — INDEMNIFICATION OF CITY 6.1 Indemnification of City ARTICLE 7 — CITY REMEDIES UPON DEVELOPER DEFAULT 7.1 City Remedies 7.2 No Additional Waiver Implied by One Waiver 7.3 No Remedy Exclusive 7.4 Emergency ARTICLE 8 - ESCROW DEPOSIT 8.1 Escrow Requirement 8.2 Escrow Release and Escrow Increase; Developer Improvements ARTICLE 9 — MISCELLANEOUS 9.1 City's Duties 9.2 No Third Party Recourse 9.3 Validity 9.4 Recording 9.5 Binding Agreement 9.6 Contract Assignment 9.7 Amendment and Waiver 89 9.8 Governing Law 9.9 Counterparts 9.10 Headings 9.11 Inconsistency 9.12 Access 9.13 Landscaping 9.14 Park Dedication 9.15 Record Drawings 9.16 Additional Agreements 9.17 Release of Development Contract EXHIBIT A — LIST OF DEVELOPMENT PLANS EXHIBIT B — DEVELOPER PUBLIC IMPROVEMENTS EXHIBIT C — ESCROW AND PARK DEDICATION CALCULATION 90 CITY OF COLUMBIA HEIGHTS DEVELOPMENT CONTRACT FOR AF Columbia Heights, LLC THIS AGREEMENT, made and entered into on the day of . 2017, by and between the CITY OF COLUMBIA HEIGHTS, a municipality of the State of Minnesota, (hereinafter referred to as the CITY), and AF Columbia Heights, LLC (hereinafter referred to as the OWNER and DEVELOPER) identified herein. WHEREAS, the DEVELOPER has applied to the CITY for approval of the Plat; WHEREAS, the CITY has approved the Plat subject to the following conditions: 1. That the DEVELOPER enter into this DEVELOPMENT CONTRACT, which contract defines the work which the DEVELOPER undertakes to complete within the PLAT; AND 2. The DEVELOPER shall provide an irrevocable letter of credit, or cash deposit, in the amount and with conditions satisfactory to the CITY, providing for the actual construction and installation of such improvements within the period specified by the CITY. 3. The DEVELOPER shall install two new stop signs to calm traffic entering and exiting at the Planet Fitness and La Casita properties. 4. The DEVELOPER shall be responsible for continuing the proposed sidewalk; wrapping around the south west side of the building and be continued to connect to the sidewalk on the north end of the building. Additionally, the sidewalk shall empty onto 51St Court NE. WHEREAS, the DEVELOPER has filed Three (3) complete sets of the DEVELOPMENT PLANS with the CITY; WHEREAS, the DEVELOPMENT PLANS have been prepared by a registered professional engineer and have been submitted to and approved by the DIRECTOR OF THE PWD. NOW, THEREFORE, subject to the terms and conditions of this DEVELOPMENT CONTRACT and in reliance upon the representations, warranties and covenants of the parties herein contained, the CITY, OWNER and DEVELOPER agree as follows: ARTICLE L DEFINITIONS 1.1 TERMS. The following terms, unless elsewhere defined specifically in the DEVELOPMENT CONTRACT, shall have the following meanings as set forth below. 1.2 CITY. "CITY" means the City of Columbia Heights, a Minnesota municipal corporation. 1.3 DEVELOPER: OWNER. BUILDER. "DEVELOPER - OWNER" means AF Columbia Heights, LLC. m 1.4 PLAT. "PLAT" means the approved plat of PF Columbia Heights, in the City of Columbia Heights, Anoka County, Minnesota. 1.5 DEVELOPMENT PLANS. "DEVELOPMENT PLANS" means all those plans, drawings, specifications and surveys identified and checked on the attached EXHIBIT 'A/ and hereby incorporated by reference and made a part of this DEVELOPMENT CONTRACT. 1.6 DEVELOPMENT CONTRACT. "DEVELOPMENT CONTRACT" means this instant contract by and among the CITY, OWNER and DEVELOPER. 1.7 COUNCIL. "COUNCIL" means the Council of the City of Columbia Heights. 1.8 PWD. "PWD" means the Public Works Department of the City of Columbia Heights. 1.9 DIRECTOR OF PWD. "DIRECTOR OF PWD" means the Director of Public Works Department of the City of Columbia Heights and his delegates. 1.10 COUNTY. "COUNTY" means Anoka County, Minnesota. 1.11 DEVELOPER IMPROVEMENTS. "DEVELOPER IMPROVEMENTS" means and includes all the improvements identified on the attached EXHIBIT'B.' 1.12 DEVELOPER PUBLIC IMPROVEMENTS. "DEVELOPER PUBLIC IMPROVEMENTS" means and includes, jointly and severally, all the improvements identified and checked on the attached Exhibit B that are further labeled "public ". DEVELOPER PUBLIC IMPROVEMENTS are improvements to be constructed by the DEVELOPER within public right -of -way and which are to be approved and later accepted by the CITY. DEVELOPER PUBLIC IMPROVEMENTS are part of DEVELOPER IMPROVEMENTS. 1.13 DEVELOPER DEFAULT. "DEVELOPER DEFAULT" means and includes, jointly and severally, any of the following or any combination thereof: a) failure by the DEVELOPER to timely pay the CITY any money required to be paid under the DEVELOPMENT CONTRACT; b) failure by the DEVELOPER to timely construct the DEVELOPER PUBLIC IMPROVEMENTS according to the DEVELOPMENT PLANS and the CITY standards and specifications; C) failure by the DEVELOPER to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this DEVELOPMENT CONTRACT; d) breach of the DEVELOPER WARRANTIES. 1.14 FORCE MAJEURE. "FORCE MAJEURE" means acts of God, including, but not limited to floods, ice storms, blizzards, tornadoes, landslides, lightning and earthquakes (but not 92 including reasonably anticipated weather conditions for the geographic area), riots, insurrections, war or civil disorder affecting the performance of work, blockades, power or other utility failures, and fires or explosions. 1.15 DEVELOPER WARRANTIES. "DEVELOPER WARRANTIES" means that the Developer hereby warrants and represents the following: A. AUTHORITY. Developer is organized and in good standing under the laws of the State of Minnesota. DEVELOPER has the right, power, legal capacity and authority to enter into and perform its obligations under this DEVELOPMENT CONTRACT, and no approvals or consents of any persons are necessary in connection with the authority of DEVELOPER to enter into and perform its obligations under this DEVELOPMENT CONTRACT. NO DEFAULT. DEVELOPER is not in default under any lease, contract or agreement to which it is a party or by which it is bound which would materially affect performance under this DEVELOPMENT CONTRACT. DEVELOPER is not a party to or bound by any mortgage, lien, lease, agreement, instrument, order, judgment or decree which would prohibit the execution or performance of this DEVELOPMENT CONTRACT by DEVELOPER or prohibit any of the transactions provided for in this DEVELOPMENT CONTRACT, C. PRESENT COMPLIANCE WITH LAWS. DEVELOPER has complied with and is not in violation of applicable federal, state or local statutes, laws, and regulations (including, without limitation, permits and licenses and any applicable zoning, environmental or other law, ordinance or regulation) affecting the PLAT and the DEVELOPMENT PLANS and the DEVELOPER IMPROVEMENTS; and DEVELOPER is not aware of any pending or threatened claim of any such violation. D. CONTINUING COMPLIANCE WITH LAWS. DEVELOPER will comply with all applicable federal, state and local statutes, laws and regulations (including, without limitation, permits and licenses and any applicable zoning, environmental or other law, ordinance or regulation) affecting the PLAT and the DEVELOPMENT PLANS and the DEVELOPER IMPROVEMENTS. NO LITIGATION. To the best of DEVELOPER'S knowledge, there is no suit, action, arbitration or legal, administrative or other proceeding or governmental investigation pending, or threatened against or affecting DEVELOPER, except as disclosed in writing to the City, or the PLAT, or the DEVELOPMENT PLANS or the DEVELOPER IMPROVEMENTS. DEVELOPER is not in material default with respect to any order, writ, injunction or decree of any federal, state, local or foreign court, department, agency or instrumentality. FULL DISCLOSURE. None of the representatives and warranties made by DEVELOPER or made in any exhibit hereto or memorandum or writing furnished or to be furnished by DEVELOPER or on its behalf contains or will contain any 93 untrue statement of material fact or omit any material fact the omission of which would be misleading. G. TWO YEAR WARRANTY ON PROPER WORK AND MATERIALS. The DEVELOPER warrants all work required to be performed by it under this DEVELOPMENT CONTRACT for DEVELOPER installed PUBLIC IMPROVEMENTS against poor material and faulty workmanship for a period of two (2) years after its completion and acceptance by the CITY. The DEVELOPER shall be solely responsible for all costs of performing repair work required by the CITY within thirty (30) days of the repair work being completed. H. OBTAINING PERMITS. The DEVELOPER shall obtain in a timely manner and pay for all required permits, licenses and approvals, and shall meet, in a timely manner, all requirements of all applicable, local, state and federal laws and regulations which must be obtained or met before the DEVELOPER IMPROVEMENTS may be lawfully constructed. 1.16 CITY WARRANTIES. "CITY WARRANTIES" means that the CITY hereby warrants and represents as follows: A. AUTHORITY. CITY is a municipal corporation duly incorporated and validly existing in good standing the laws of the State of Minnesota. CITY has the right, power, legal capacity and authority to enter into and perform its obligations under this DEVELOPMENT CONTRACT. 1.17 FORMAL NOTICE. "FORMAL NOTICES" means notices given by one party to the other if in writing and if and when delivered or tendered either in person or by depositing it in the United States Mail and in a sealed envelope, by certified mail, return receipt requested, with postage and postal charges prepaid, addressed as follows: If to CITY: City of Columbia Heights Attention: City Manager 59040 th Avenue N.E. Columbia Heights, Minnesota 55413 If to DEVELOPER AF Columbia Heights, LLC Attention: Rick Petron 175 Strafford Ave., Suite 310 Wayne, PA 19087 or to such other address as the party addressed shall have previously designated by notice given in accordance with this Section. Notices shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, or on the third day after mailing if mailed as provided above, provided, that a notice not given as above shall, if it is in writing, be deemed given if and when actually received by a party. 94 ARTICLE 2 DEVELOPER IMPROVEMENTS 2.1 DEVELOPER IMPROVEMENTS. The DEVELOPER shall install, at its own cost, the DEVELOPER IMPROVEMENTS in accordance with the DEVELOPMENT PLANS. The DEVELOPER IMPROVEMENTS shall be completed by the dates shown on EXHIBIT'B,' except as completion dates are extended by subsequent resolution of the COUNCIL. Failure of the CITY to promptly take action to enforce this DEVELOPMENT CONTRACT after expiration of time in which the DEVELOPER IMPROVEMENTS are to be completed shall not waive or release any rights of the CITY; the CITY may take action at any time thereafter, and the terms of this contract shall be deemed to be automatically extended until such time as the DEVELOPER IMPROVEMENTS are completed to the CITY's reasonable satisfaction. 2.2 BOULEVARD AND AREA RESTORATION. The DEVELOPER shall lay cultured sod or hydro seed in all boulevards within 14 days of the completion of street related improvements and restore all other areas disturbed by the development grading operation in accordance with the approved erosion control plan, over the entire PLAT. 2.3 STREET MAINTENANCE. The DEVELOPER shall clear, on a daily basis, any soil, earth or debris from the streets and wetlands within or adjacent to this PLAT resulting from the grading or building on the land within the PLAT by the DEVELOPER or its agents, and shall restore to the CITY's specifications any gravel base contaminated by mixing construction or excavation debris, or earth in it, and repair to the CITY's specifications any damage to bituminous surfacing resulting from the use of construction equipment. 2.4 OCCUPANCY. Unless otherwise agreed to by the City, no certificate of occupancy and no occupancy of any building in the Site Plan shall occur until the DEVELOPER IMPROVEMENTS have been installed. Unless otherwise agreed to by the City, this provision excludes Site Landscaping and Site Street Lighting. 2.5 APPROVAL OF CONTRACTORS AND ENGINEER. Any contractor or engineer preparing plans and specifications selected by the DEVELOPER to design, construct or install any DEVELOPER PUBLIC IMPROVEMENTS must be approved in writing by the DIRECTOR OF PWD, which approval shall not be unreasonably withheld. 2.6 CONSTRUCTION. The construction, installation, materials and equipment related to DEVELOPER PUBLIC IMPROVEMENTS shall be in accordance with the DEVELOPMENT PLANS. The DEVELOPER shall cause the contractors to furnish the PWD with a written schedule of proposed operations, subcontractors and material suppliers, at least five (5) days prior to commencement of construction work. The DEVELOPER shall notify the CITY in writing, coordinate and hold a pre- construction conference with all affected parties at least three (3) days prior to starting construction of any DEVELOPER PUBLIC IMPROVEMENTS. 2.7 INSPECTION. The PWD or its designated representative shall periodically inspect the work installed by the DEVELOPER, its contractors, subcontractors or agents. The 95 DEVELOPER shall notify the PWD two (2) working days prior to the commencement of the laying of utility lines, subgrade preparation, the laying of gravel base for street construction or any other improvement work which shall be subsequently buried or covered to allow the CITY an opportunity to inspect such improvement work. Upon receipt of said notice, the City shall have a reasonable time, not to be less than three (3) working days, to inspect the improvements. Failure to notify the CITY to allow it to inspect said work shall result in the CITY'S right pursuant to Article 8 to withhold the release of any portion of the escrow amount resulting from work being performed without the opportunity for adequate CITY inspection. 2.8 FAITHFUL PERFORMANCE OF CONSTRUCTION CONTRACTS. The DEVELOPER shall fully and faithfully comply with all terms of any and all contracts entered into by the DEVELOPER for the installation and construction of all of the DEVELOPER PUBLIC IMPROVEMENTS; and the DEVELOPER shall obtain lien waivers. Within thirty (30) days after FORMAL NOTICE, the DEVELOPER agrees to repair or replace, as directed by the CITY and at the DEVELOPER's sole cost and expense, any work or materials that within two (2) years after acceptance of the DEVELOPER PUBLIC IMPROVEMENTS by the CITY becomes defective in the commercially reasonable judgment of the City. 2.9 CITY ACCEPTANCE. The DEVELOPER shall give FORMAL NOTICE to the CITY within thirty (30) days once DEVELOPER PUBLIC IMPROVEMENTS have been completed in accordance with this DEVELOPMENT CONTRACT and the ordinances, CITY standards and specifications and the DEVELOPMENT PLANS. The CITY shall then inspect the DEVELOPER PUBLIC IMPROVEMENTS and notify the DEVELOPER of any DEVELOPER PUBLIC IMPROVEMENTS that do not so conform. Upon compliance with this DEVELOPMENT CONTRACT and CITY ordinances, standards and specifications, and the DEVELOPMENT PLANS, the DEVELOPER PUBLIC IMPROVEMENTS shall become the property of the CITY upon FORMAL NOTICE of acceptance by the CITY. After acceptance, the DEVELOPER PUBLIC IMPROVEMENTS become the property of the CITY. If the DEVELOPER PUBLIC IMPROVEMENTS do not conform, FORMAL NOTICE shall be given to the DEVELOPER of the need for repair or replacement. ARTICLE 3 RESPONSIBILITY FOR COSTS 3.1 DEVELOPER IMPROVEMENT COSTS. The DEVELOPER shall pay for the DEVELOPER IMPROVEMENTS; that is, all costs of persons doing work or furnishing skills, tools, machinery or materials, or insurance premiums or equipment or supplies and all just claims for the same; and the CITY shall be under no obligation to pay the contractor or any subcontractor any sum whatsoever on account thereof, whether or not the CITY shall have approved the contract or subcontract. 3.2 ENFORCEMENT COSTS. The DEVELOPER shall pay the CITY for costs incurred in the enforcement of this DEVELOPMENT CONTRACT, including engineering and attorneys' fees. 0 3.3 TIME OF PAYMENT. The DEVELOPER shall pay all bills from the CITY within thirty (30) days after billing. Bills not paid within thirty (30) days shall accrue interest at the rate of 6% per year. ARTICLE 4 DEVELOPER WARRANTIES 4.1 STATEMENT OF DEVELOPER WARRANTIES. The Developer hereby makes and states the DEVELOPER WARRANTIES. ARTICLE 5 CITY WARRANTIES 5.1 STATEMENT OF CITY WARRANTIES. The City hereby makes and states the CITY WARRANTIES. ARTICLE 6 INDEMNIFICATION 6.1 INDEMNIFICATION OF THE CITY. Except for any damages or claims that arise solely from the willful misconduct or gross negligence of the CITY, the DEVELOPER shall indemnify, defend and hold the CITY its COUNCIL, agents, employees, attorneys and representatives harmless against and in respect of any and all claims, demands, actions, suits, proceedings, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties and attorneys' fees, that the CITY incurs or suffers, which arise out of, results from or relates to: a) breach by the DEVELOPER of the DEVELOPER WARRANTIES; b) failure of the DEVELOPER to timely construct the DEVELOPER PUBLIC IMPROVEMENTS according to the DEVELOPMENT PLANS and the CITY ordinances, standards and specifications; C) failure by the DEVELOPER to observe or perform any covenant, conditions, obligation or agreement on its part to be observed or performed under this DEVELOPMENT CONTRACT, d) failure by the DEVELOPER to pay contractors, subcontractors, laborers, or materialmen; e) failure by the DEVELOPER to pay for materials; f) failure to obtain the necessary permits and authorizations to construct the DEVELOPER PUBLIC IMPROVEMENTS; g) construction of the DEVELOPMENT PUBLIC IMPROVEMENTS. 97 ARTICLE 7 CITY REMEDIES UPON DEVELOPER DEFAULT 7.1 CITY REMEDIES. If a DEVELOPER DEFAULT occurs, that is not caused by FORCE MAJEURE, the CITY shall give the DEVELOPER FORMAL NOTICE of the DEVELOPER DEFAULT, specifying the nature of the asserted default, and the DEVELOPER shall have to cure the DEVELOPER DEFAULT within a thirty (30) days cure period, hereinafter defined as "CURE PERIOD ". Said CURE PERIOD may be extended by the CITY for a reasonable period of time to be determined by the DIRECTOR OF PWD, at his sole discretion, provided that the DEVELOPER submits, to the CITY using the FORMAL NOTICE procedures of Section 1.17 within the CURE PERIOD, a reasonable plan or contract bid that demonstrates that it is impractical to cure the DEVELOPER DEFAULT within the CURE PERIOD. If the DEVELOPER, after FORMAL NOTICE to it by the CITY, does not cure the DEVELOPER DEFAULT within the CURE PERIOD or DIRECTOR OF PWD approved extension thereof, then the CITY may avail itself of any remedy afforded by law and any of the following remedies. a) the CITY may specifically enforce this DEVELOPMENT CONTRACT; b) the CITY may suspend any work improvement or obligation to be performed by the CITY; C) the CITY may collect on the irrevocable letter of credit or cash deposit; d) the CITY may deny building and occupancy permits for buildings within the PLAT; e) the CITY may, at its sole option, perform the work or improvements to be performed by the DEVELOPER, in which case the DEVELOPER shall within thirty (30) days after written billing by the CITY reimburse the CITY for any costs and expenses incurred by the CITY. In the alternative, the CITY may in whole or in part, specially assess any of the costs and expenses incurred by the CITY; and the DEVELOPER and OWNER hereby waive any and all procedural and substantive objections to the installation and construction of the work and improvements and the special assessment resulting therefrom, including but not limited to notice and hearing requirement and any claim that the special assessments exceed benefit to the PLAT. The DEVELOPER and OWNER hereby waive any appeal rights up to the amount indicated on EXHIBIT 'C' pursuant to Minn. Stat. 429.081. Upon an event of default, the limited partners of the OWNER shall have the right to cure any such default and the CITY shall accept such default as if cured by the OWNER itself. 7.2 NO ADDITIONAL WAIVER IMPLIED BY ONE WAIVER. In the event any agreement contained in this DEVELOPMENT CONTRACT is breached by the DEVELOPER and thereafter waived in writing by the CITY, such waiver shall be limited to the particular 98 breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. All waivers by the CITY must be in writing. 7.3 NO REMEDY EXCLUSIVE. No remedy herein conferred upon or reserved to the CITY shall be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under the DEVELOPMENT CONTRACT or now or hereafter existing at law or in equity or by statute; provided however that the CITY shall not have the power to exercise both the remedy provided by Section 7.1(c) and, concurrently or sequentially, the remedy provided by Section 7.1(e), to the extent that the remedy in Section 7.1(c) provides reimbursement to the City for any costs and expenses incurred by the City. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the CITY to exercise any remedy reserved to it, it shall not be necessary to give notice, other than the FORMAL NOTICE. 7.4 EMERGENCY. Notwithstanding the requirement relating to FORMAL NOTICE to the DEVELOPER in case of a DEVELOPER DEFAULT and notwithstanding the requirement relating to giving the DEVELOPER a thirty (30) day period to cure the DEVELOPER DEFAULT, in the event of an emergency as determined by the Director of PWD, resulting from the DEVELOPER DEFAULT, the CITY may perform the work or improvement to be performed by the DEVELOPER without giving any notice or FORMAL NOTICE to the DEVELOPER and without giving the DEVELOPER a forty -eight (48) hour period to cure the DEVELOPER DEFAULT. In such case, the DEVELOPER shall within thirty (30) days after written billing by the CITY reimburse the CITY for any and all costs incurred by the CITY. In the alternative, the CITY may, in whole or in part, specially assess the costs and expenses incurred by the CITY; and the DEVELOPER and OWNER hereby waive any and all procedural and substantive objections to the installation and construction of the work and improvements and the special assessments resulting there from, including but not limited to notice and hearing requirements and any claim that the special assessments exceed benefit to the PLAT. The DEVELOPER and OWNER hereby waive any appeal rights up to the amount indicated on EXHIBIT 'C' pursuant to Minn. Stat. 429.081. ARTICLE 8 ESCROW DEPOSIT 8.1 ESCROW REQUIREMENT. Contemporaneously herewith, the DEVELOPER shall deposit with the CITY an irrevocable letter of credit, or cash deposit for the amounts set forth on EXHIBIT'C.' All cost estimates shall be acceptable to the DIRECTOR OF PWD. The total escrow amount was calculated as shown on the attached Exhibit C. The bank and form of the irrevocable letter of credit, or cash deposit shall be subject to approval by the City Finance Director and City Attorney and shall continue to be in full force and effect until released by the CITY pursuant to Section 8.2 below. The irrevocable letter of credit shall 99 be for a term ending May 31, 2018. In the alternative, the letter of credit may be for a one year term provided it is automatically renewable for successive one year periods from the present or any future expiration dates with a final expiration date of December 31, 2018, and further provided that the irrevocable letter of credit states that at least sixty (60) days prior to the expiration date the bank will notify the City if the bank elects not to renew for an additional period. The irrevocable letter of credit shall secure compliance by the DEVELOPER with the terms of this DEVELOPMENT CONTRACT. The CITY may draw down on the irrevocable letter of credit or cash deposit, without any further notice than that provided in Section 7.1 relating to a DEVELOPER DEFAULT, for any of the following reasons: a) a DEVELOPER DEFAULT; or b) upon the CITY receiving notice that the irrevocable letter of credit will be allowed to lapse before May 31, 2018. With CITY approval, the irrevocable letter of credit or cash deposit may be reduced pursuant to Section 8.2 from time to time as financial obligations are paid. 8.2 ESCROW RELEASE AND ESCROW INCREASE: DEVELOPER IMPROVEMENTS. Periodically, upon the DEVELOPER's written request and upon completion by the DEVELOPER and acceptance by the CITY of any specific DEVELOPER PUBLIC IMPROVEMENTS, ninety percent (90 %) of that portion of the irrevocable letter of credit, or cash deposit covering those specific completed improvements only shall be released. The final ten percent (10 %) of that portion of the irrevocable letter of credit, or cash deposit, for landscaping improvements shall be held until acceptance by the CITY and expiration of the warranty period under Section 1.15 hereof; in the alternative, the DEVELOPER may post a bond satisfactory to the CITY with respect to the final ten percent (10 %). If it is determined by the CITY that the DEVELOPMENT PLANS were not strictly adhered to, or that work was done without CITY inspection, the CITY may require, as a condition of acceptance, that the DEVELOPER post an irrevocable letter of credit, or cash deposit equal to 125% of the estimated amount necessary to correct the deficiency or to protect against deficiencies arising there from. Said additional irrevocable letter of credit, or cash deposit, shall remain in force for such time as the CITY deems reasonably necessary, not to exceed two (2) years. In the event that work, which is concealed, was done without permitting CITY inspection, then the CITY may, in the alternative, require the concealed condition to be exposed for inspection purposes. ARTICLE 9 MISCELLANEOUS 9.1 CITY'S DUTIES. The terms of this DEVELOPMENT CONTRACT shall not be considered an affirmative duty upon the CITY to complete any DEVELOPMENT IMPROVEMENTS. 9.2 NO THIRD PARTY RECOURSE. Third parties shall have no recourse against the CITY under this DEVELOPMENT CONTRACT. 100 9.3 VALIDITY. If any portion, section, subsection, sentence, clause, paragraph or phrase of this DEVELOPMENT CONTRACT is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this DEVELOPMENT CONTRACT. 9.4 RECORDING. The PLAT shall be recorded with the COUNTY Recorder and the DEVELOPER shall provide and execute any and all documents necessary to implement the recording. 9.5 BINDING AGREEMENT. The parties mutually recognize and agree that all terms and conditions of this recordable DEVELOPMENT CONTRACT shall run with the PLAT and shall be binding upon the heirs, successors, administrators and assigns of the DEVELOPER. 9.6 CONTRACT ASSIGNMENT. The DEVELOPER may not assign this DEVELOPMENT CONTRACT without the written permission of the CITY. 9.7 AMENDMENT AND WAIVER. The parties hereto may by mutual written agreement amend this DEVELOPMENT CONTRACT in any respect. Any party hereto may extend the time for the performance of any of the obligations of another, waive any inaccuracies in representations by another contained in this DEVELOPMENT CONTRACT or in any document delivered pursuant hereto which inaccuracies would otherwise constitute a breach of this DEVELOPMENT CONTRACT, waive compliance by another with any of the covenants contained in this DEVELOPMENT CONTRACT and performance of any obligations by the other or waive the fulfillment of any condition that is precedent to the performance by the party so waiving of any of its obligations under this DEVELOPMENT CONTRACT. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. No waiver of any of the provisions of this DEVELOPMENT CONTRACT shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver. 9.8 GOVERNING LAW. This DEVELOPMENT CONTRACT shall be governed by and construed in accordance with the laws of the State of Minnesota. 9.9 COUNTERPARTS. This DEVELOPMENT CONTRACT may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. 9.10 HEADINGS. The subject headings of the paragraphs and subparagraphs of this DEVELOPMENT CONTRACT are included for purposes of convenience only, and shall not affect the construction of interpretation of any of its provisions. 9.11 INCONSISTENCY. If the DEVELOPMENT PLANS are inconsistent with the words of this DEVELOPMENT CONTRACT or if the obligations imposed hereunder upon the DEVELOPER are inconsistent, then that provision or term which imposes. a greater and more demanding obligation on the DEVELOPER shall prevail. 101 9.12 ACCESS. The DEVELOPER hereby grants to the CITY, its agents, employees, officers, and contractors a license to enter the PLAT to perform all inspections deemed appropriate by the CITY during the installation of DEVELOPER IMPROVEMENTS by the DEVELOPER. 9.13 LANDSCAPING. Installation and Maintenance. The following regulations shall govern the installation and maintenance of landscaping and screening materials. a) All landscaping materials and screening materials shall be installed in conjunction with site development and prior to issuance of a final certificate of occupancy and building. b) A letter of credit or other security as acceptable to the CITY shall be deposited with the DIRECTOR OF PUBLIC WORKS, in an amount equal to ten percent (10 %) of the estimated cost of landscaping, fencing and /or screening. The letter of credit, or portions thereof, shall be forfeited to maintain and /or replace materials for a period of time to include at least two (2) growing seasons. A portion of the letter of credit may be released after one growing season as determined by the DIRECTOR OF PUBLIC WORKS. C) The OWNER shall be responsible for continued maintenance of fencing, landscaping and screening materials to remain in compliance with the requirements of this Section. d) All DEVELOPMENT turf irrigation systems shall include rain detecting shutoff devices to control irrigation function during wet weather. 9.14 RECORD DRAWINGS. The OWNER shall provide to the CITY, upon completion of the DEVELOPER IMPROVEMENTS, a complete set of Record Drawings documenting the constructed or "as- built" condition of the DEVELOPER IMPROVEMENTS. The Record Drawings shall be submitted in electronic and hard copy form consistent with CITY requirements, and provided to the PWD within six (6) months of the completion of the DEVELOPER IMPROVEMENTS. Additionally, the OWNER shall include in the Record Drawings GPS Data of all sanitary sewer and water main service locations at the service extensions or property fines. The GPS Data shall include X, Y & Z coordinate data consistent with City requirements. 9.15 ADDITIONAL AGREEMENTS. A. The OWNER and the CITY hereby agree that the maintenance costs of the Site Storm Water BMP's shall be by the DEVELOPER. The DEVELOPER shall inspect Site Storm Water BMP's and shall be inspected annuallyfor sediment accumulation and function, with reports provided to the PWD. Necessary storm water maintenance or repair activities shall be conducted or cause to be conducted by the DEVELOPER, in the event the DEVELOPER does repair or maintain Storm Water BMP's, the CITY shall repair or maintain with said costs billed to the DEVELOPER by the CITY, payable within 30 days. B. The OWNER shall dedicate public drainage and utility easements for all Site Storm Water BMP's. HIN 9.17 RELEASE OF DEVELOPMENT CONTRACT. Upon completion of all DEVELOPER IMPROVEMENTS and all DEVELOPER PUBLIC IMPROVEMENTS, and upon the expiration of the Section 1.15G. TWO YEAR WARRANTY ON PROPER WORK AND MATERIALS, the DEVELOPER may submit to the CITY a draft release of this DEVELOPMENT CONTRACT for review and approval by the CITY's attorney. 103 IN WITNESS WHEREOF, the parties have executed this DEVELOPMENT CONTRACT. CITY OF COLUMBIA HEIGHTS DEVELOPER: AF Columbia Heights, LLC By: Bv: Donna Schmitt, Mayor By: Walt Fehst, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) Its: On this day of , 2017, before me a Notary Public within and for said County, personally appeared to me Donna Schmitt and Walt Fehst, personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and City Manager of the City of Columbia Heights, the municipality named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed in behalf of said municipality by authority of its City Council and said Mayor and City Manager acknowledged said instrument to be the free act and deed of said municipality. STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this day of for said County, personally appeared duly sworn, said that he is the Notary Public . 2017, before me a Notary Public within and to me personally known, who being by me of , on behalf of said Notary Public 104 THIS INSTRUMENT DRAFTED BY: Elizabeth Holmbeck Kevin Hansen, P.E. City Planner Public Works Director /City Engineer City of Columbia Heights City of Columbia Heights 590 401h Avenue N.E. 63738 1h Avenue N.E. Columbia Heights, MN 55421 Columbia Heights, MN 55421 763/706 -3675 763/706 -3705 James Hoeft City Attorney Barna, Guzy, and Steffen, Itd 200 Coon Rapids Boulevard Suite 400 Coon Rapids, MN 763/783 -5122 105 EXHIBIT A LIST OF DEVELOPMENT PLANS 10 PLAN DESCRIPTION DESIGN PLAN DATE 1. Site Plan Edward Farr Architects 12/05/16 2. Erosion Control and Grading Plan HTPO 12/05/16 (Including the project SWPPP) 3. Street Connections (Public) HTPO 12/05/16 4.a Utility /Site Plan (Private) HTPO 12/05/16 4.b Site Storm Water BMP's HTPO 12/05/16 S. Landscape Plan HTPO 12/05/16 6. Storm Water Pollution HTPO 12/05/16 Prevention Plan 10 EXHIBIT B DEVELOPER PUBLIC IMPROVEMENTS The items checked with "PUBLIC' below are those DEVELOPER IMPROVEMENTS that are DEVELOPER - PUBLIC IMPROVEMENTS. CHECKED COMPLETION DATE IMPROVEMENT 11/31/17 Grading /Removals /Erosion Control Plan 11/31/17 Utilities (Storm Sewer) 11/31/17 Streets (Connections) 6/31/18 Landscaping Note: Pursuant to Section 2.4, all Developer Improvements must be completed prior to the final occupancy of the building. Unless otherwise agreed to by the City, this provision shall exclude Site Landscaping. 107 EXHIBIT C ESCROW AND PARK DEDICATION CALCULATION(S) DEVELOPER IMPROVEMENTS 1. SWPPP /Erosion Control /Restoration (site) $ 12,500.00 2. Utilities (Storm Sewer & BMP completion) $ 78,000.00 3. Public Street Connections /Repairs $ 6,800.00 4. Landscaping $ 46,000.00 $ 143,300.00 MULTIPLIED BY: 1.25 EQUALS: $ 145,091.25 For the above work, DEVELOPER shall post escrow* for $ 145,091.25 (* Form in accordance with Section 8.1 of this agreement.) PARK DEDICATION FEES: N/A In addition to the letter of credit required above, the DEVELOPER shall also deposit $3,500 in cash with the CITY contemporaneously with execution of this DEVELOPMENT CONTRACT. This $3,500 shall be to pay the CITY for the past and future engineering site in fees with at the CITY's standard rates charged for such tasks. The CITY represents to the DEVELOPER that the sum of $0 is presently outstanding for such site inspection fees and that no additional amount will be charged to the DEVELOPER for engineering site inspection fees incurred prior to the effective date of this DEVELOPMENT CONTRACT. Upon acceptance of the DEVELOPER PUBLIC IMPROVEMENTS, the CITY shall return to the DEVELOPER any remaining portion of the $3,500 not otherwise charged against the DEVELOPER for engineering inspection performed by the CITY. To the extent the engineering inspection fees, calculated according to the CITY's standard rates, exceed the $3,500 deposit, the DEVELOPER is responsible for payment of such excess within thirty (30) days after billing by the CITY. 108 CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT AGENDA ITEM NO. 7K MEETING DATE APRIL 10, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: LICENSE AGENDA DEPARTMENT: Community Development CITY MANAGER'S APPROVAL: BY /Date: April 5, 2017 BY /Date: BACKGROUND /ANALYSIS Attached is the business license agenda for the April 10, 2017 Council meeting. This agenda consists of applications for 2017 Contractor Licenses, and a license to operate Nafie's Ice Cream Truck. 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 April 10, 2017 as presented. 109 April 10 2017 lic agenda City of Columbia Heights - Council Letter TO CITY COUNCIL April 10, 2017 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES -2017 BLDG *Signminds 1400 Quincy St NE, Mpls $60 *Airics Htg 4905 Highway 13W, Savage $60 Holiday Stationstores 4567 American Blvd W, Bloomington $60 *Precision Hardscapes 1500 Olympic St, Braham $60 *Gosiak Tree Service 8037 130"' Ave, Little Falls $60 *Van Kirk Htg 4505 Crosstown Blvd NE, Hain Lake $60 *No Anoka Pl/Dusty's Drain 22590 Rum River Blvd, St Fran$60 *Mid City Mechanical Corp. 9103 Davenport St. NE,Blaine $60 ICE CREAM VEHICLES POL *Nafie Ice Cream Truck 1000 Lynde Dr, Fridley $50 110 Page 2 U) L LJ 2 CD D J O LL O H U Y U () U -O N � O) a) C > E E N U U N W H N Q L 0 a) O E z .1 cu W U (Q N z OC 41- O O a ) m t U) � = "0 (� z O W a) w 2 E- V H Q > i Q m ui cn (A Q O o z Lp z O 2 U w W O LL W W U O a) U a) co = u ti o r- cn CD ti N tt rn ca cn 2) cu i 61) U Q O f0 O +" C U) fa E N a) -0 o _Z W LL1 - O '� U O M 00 M U C9 ,- m _0 C E Z LU n U Q U- U Q 0 LL Z U- O W Q O Q O Z OU = _O ui 2 Q 0 C) LL } 0 o CD U m o cu M a) co ") 0 CD a) o := 2 c x a) C a) > cu t a) U E (n a o N E x F:� * * U' W H a * * w x> 0 FC U * * N H * * U ? 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I U) •• H I z Q F4 x PG (Q H H p] H H m '$ U H w w U) I U) O H I UHH W UFt H HH 4 W 0 p u z Q Fq a 1 4Z P>HWP4 x to 4 2<zw z I 2 2 H 1 H Q a I 0.1 �+ Fl; W fx C� H W I H H Ur a P4 I U I 1 u zr�W WrCc�HHWFHHWlx q 0zQUxUx Wz F�1 W�1 HHHHWW� x�HF10mx W a W I U a ZH < m 2FCFCFCfoPaH f= <Na4a4P$ 4001ZH6WMW F4 r�0 U W I WFIQHr.�HGa0HPFZ: <r.�< WHHWxZZ4 a U I x i-7 wCja Q I t7a W MU440pm000 4UwHHW z I U r� xw o V)\ Q o 1 HNMv01H L0 0Z N U O H w H N NUO a a U 0000000 N00 O O Q,' O Ga Ga 1 H N N N N N N M M a' IT v' e1 to to to to to r r r Up w H pj j co CH COLUMBIA HEIGHTS AGENDA SECTION PUBLIC HEARING ITEM NO. 8A MEETING DATE APRIL 10, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Approving a Final Plat for Aisling Fitness, LLC for the 3 vacant lots located at 51s' Court NE. DEPARTMENT: Community Development CITY MANAGER'S APP OVAL: BY /DATE: Elizabeth Holmbeck, 4/6/17 BY /DATE: BACKGROUND: On behalf of Planet Fitness, Aisling Fitness, LLC has requested Final Plat Approval per Code Section 9.104 (M), 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: 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. The Preliminary plat and Site Plan were approved by the Planning and Zoning Commission and City Council in January 2017. The Final Plat went before the Planning and Zoning Commission on April 4, 2017, and was unanimously recommended for approval. The applicant has submitted construction plans for review and will be issued pending approval of the Final Plat. The attached Final Plat is for recording purposes with the Anoka County Recorder's Office. Once the Final Plat is approved and recorded Planet Fitness Representatives are anticipating beginning construction at the end of this month. STAFF RECOMMENDATION: Staff recommends approval of the proposed Final Plat request made by Aisling fitness. RECOMMENDED MOTION(S): Motion: Move to waive the reading of Resolution No. 2017 -29, there being ample copies available to the public. Motion: That the Planning and Zoning Commission recommends that the City Council approve the Final 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. Upon approval of the Final Plat, the applicant shall be responsible for filing and recording the Final Plat IJE* C City of Columbia Heights - Council Letter Page 2 with the Anoka County Recorder's Office within one year of the date of City Council action. In the event that a Final Plat is not recorded within this time period, the Final Plat will become void. 4. Separate permanent easements will need to be placed over storm water BMP's to be installed, and the easements will need to be on a recordable document, accepted by Anoka County Recorder's Office. 5. The applicant shall meet the requirements outlined in the attached report from the City's Building Official, dated 3/24/17. ATTACHMENTS: Resolution No. 2017 -29 Planning Report Application Location Maps Building Official Report Dated: 3/24/17 Preliminary Plat (Approved 1/9/17) Final Plat 120 RESOLUTION NO. 2017-29 A resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Final Plat for Aisling Fitness, LLC for the Three (3) vacant lots located at 515` Court NE. Whereas, a proposal (Case # 2017 -0401) has been submitted by Aisling Fitness, LLC to the City Council requesting Final 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: Final Plat Approval per Code Section 9.104 (M). Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on April 4, 2017; Whereas, the City Council has considered the advice and recommendations of the Planning and Zoning Commission regarding the effect of the proposed Final Plat upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT Section 9.104 (M) (6) of the Zoning Ordinance outlines conditions that must be met in order for the City to grant Final Plat Approval. They are as follows: (a) The Final Plat substantially conforms to the approved Preliminary Plat. (b) The Final Plat conforms to the requirements of 9.115. Further, be it resolved, that the attached plans, maps, and other information shall become part of this Final 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 recorded with the Anoka County Recorder's Office within one (1) calendar year after the approval date. 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. Upon approval of the Final Plat, the applicant shall be responsible for filing and recording the Final Plat with the Anoka County Recorder's Office within one year of the date of City Council action. In the event that a Final Plat is not recorded within this time period, the Final Plat will become void. 4. Separate permanent easements will need to be placed over storm water BMP's to be installed, and the easements will need to be on a recordable document, accepted by Anoka County Recorder's Office. 121 City of Columbia Heights - Council Resolution Page 2 5. The applicant shall meet the requirements outlined in the attached report from the City's Building Official, dated 3/24/17. ORDER OF COUNCIL Passed this 10th day of April, 2017 Offered by: Seconded by: Roll Call: Donna Schmitt, Mayor Attest: Katie Bruno, City Clerk /Council Secretary 122 CH COLUMBIA HEIGHTS CITY OF COLUMBIA HEIGHTS PLANNING AND ZONING COMMISSION PLANNING REPORT CASE NUMBER: 2017 -0401 DATE: March 23, 2017 TO: Columbia Heights Planning and Zoning Commission APPLICANT: Aisling Fitness, LLC DEVELOPMENT: Planet Fitness LOCATION: Unassigned addresses. Three vacant lots located on 51St Court NE. See attached location map. REQUEST: Final Plat Approval PREPARED BY: Elizabeth Holmbeck, City Planner INTRODUCTION On behalf of Planet Fitness, Aisling Fitness, LLC has requested Final Plat Approval per Code Section 9.104 (M), for the vacant site located behind La Casita and White Castle. The site is 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 re -plat the property to allow for a fitness facility to be constructed on the south end of the site. The Preliminary Plat and Site Plan were approved by the Planning and Zoning Commission and City Council in January 2017. Since then, the applicant has submitted construction plans for review. The construction permit will not be issued until the Final Plat is approved for recording purposes with the Anoka County Recorder's Office. 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. 123 City of Columbia Heights Planning and Zoning Commission April 4, 2017 Planning Report Page 2 FINDINGS OF FACT Section 9.104 (M) (6) of the Zoning Ordinance outlines three conditions that must be met in order for the City to grant Final Plat Approval. They are as follows: (a) The Final Plat substantially conforms to the approved Preliminary Plat. This is correct. (b) The Final Plat conforms to the requirements of 9.115. This is correct. RECOMMENDATION Staff recommends that the Planning and Zoning Commission recommend approval of the proposed Final 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). Motion: Move to waive the reading of Resolution No. 2017 -29, there being ample copies available to the public. Motion: That the Planning and Zoning Commission recommends that the City Council approve the Final 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. Upon approval of the Final Plat, the applicant shall be responsible for filing and recording the Final Plat with the Anoka County Recorder's Office within one year of the date of City Council action. In the event that a Final Plat is not recorded within this time period, the Final Plat will become void. 4. Separate permanent easements will need to be placed over storm water BMP's to be installed, and the easements will need to be on a recordable document, accepted by Anoka County Recorder's Office. 5. The applicant shall meet the requirements outlined in the attached report from the City's Building Official, dated 3/24/17. 124 City of Columbia Heights Planning and Zoning Commission April 4, 2017 Planning Report Page 3 ATTACHMENTS Resolution No. 2017 -29 Application Location Maps Building Official Report Dated: 3/24/17 Preliminary Plat (approved 1/9/17) Final Plat 125 CITY OF COLUMBIA HEIGHTS PRELIMINARY / FINIAL SUBDIVISION PLAT APPLICATION To be filled out by City.- CASE NO.: DATE RECEIVED: APPLIC. ORD.: 9.104(K) 9.104(L), 9.114(A) - 9.114(D) DATE LETTER OF COMPLETION: PRESENT ZONING: APPROVAL DATE PER STATUTE: PRESENT LAND USE PLAN DESIGNATION: REVIEW PERIOD EXTENDED: PRELIMINARY PLAT FINAL PLAT X To be filled out by Applicant.- PROPOSED NAME OF PLAT: PF Columbia Heights PROJECT ADDRESS /LOCATION: 5045, 5065 & 5075 51 s` Court NE, Columbia Heights, MN 55421 LEGAL DESCRIPTION OF PROPERTY INVOLVED (attach separate page if necessary): Attached PRESENT USE OF PROPERTY: Undeveloped PROPOSED USE OF PROPERTY: Commercial Fitness Center REASON FOR REQUEST (please attach a written narrative describing your request and justification for approval. The narrative must fully describe the proposal to insure its compatibility with surrounding uses and its consistency with Zoning requirements and the Comprehensive Plan.) APPLICANT AF Columbia Heights LLC PHONE E -MAIL rpetrone comcast.net PAGER ADDRESS 175 Strafford Ave,, Suite 310 CITY _Wayne STATE FEE OWNER OF PROPERTY 610.659.6014 FAX PA CELL # ZIP 19087 Gem Properties - Mark Moser ADDRESS 3901 Central Ave NE PHONE 763.781.3351 FAX 763,781.9889 CITY Columbia Heights STATE MN ZIP 55421 Page 1 of 2 126 CITY OF COLUMBIA HEIGHTS PRELIfTilhkRY / FINAL 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. Application Checklist S. 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. 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 $ 500 . C' o B. $100.00 Final Plat Fee $ /00-00 TOTAL AMOUNT RECEIVED $ C. 0-0 . 00 CITY RECEIPT NUMBER (.9 L+CP"d 3 DATE RECEIVED t 2- 1SLt i.p Acknowledgement: The undersigned hereby represents upon all of the penalties of law, for the purpose of inducing the City of Columbia Heights to take the action herein requested, that all statements herein are true and that all work herein mentioned will be bone in accordance with the Ordinances of the City of Columbia lieigZits a9d the State of Minnesota: PROPERTY OWNER SIGNATi E (if different from Applicant) 3120I11 DATE C'�,t�� S 5l I k i CC3ItIiUh IT`S' ®EVELCJPit�ENT STAFF 1ViEld ERB AND TITLE DATE Revised: 2005 Approved by the Columbia Heights Planning Commission on Approved by the Columbia Heights City Council on Page 2 of 2 127 Subject Vacant parcets. r r r i _ -' -- - - . - -. - _.. �i1 A .it.. 32NDAVE HE MDAWEAE Lj ` E51 SISTCT-W - - si. .5,0 -ft =Aft W so AVE NE j I le�D S"r SOMAVERE $*TKWt W- T� -f-- 't"o q 128 �r -.l f1'iA w w G€MERA£.AVE NE t� i iA:2Ql, # 129 CH HEIGHTS City of Columbia Heights I Community Development 590 40`h Ave NE, Columbia Heights, MN 55421 � Ph: 763 - 706 -3670 - Fax: 763 -706 -3671 � www.columbiaheightsmn.gov 3/24/2017 Elizabeth Holmbeck City Planner Re: Planet Fitness 5045 5 l s' Court Columbia Heights, MN 55421 Dear Elizabeth: I offer the following comments for consideration in approving the final site plan for the above referenced project. All site preparation shall be in accordance with the Report of Geotechnical Exploration and Review from American Engineering Testing, Inc. Report No. 01 -07010 dated 10/27/2016 and Report No. 01- 07010A dated 1/20/2017. This includes excavation, backfilling, drainage and subsurface drainage of the site. Sincerely, A,Le�z ol,? �� Lawrence R. Pepin Building Official #2379 Final plat review coments . docx 130 €ill E ty79 2fi ut u 9 all I I I I III if 2, a wi 1 sir ll'�✓ .r a ,„ 1 � €4 T .�_ — !; ' � Ilu• +f 4 r � •n'n I I � _ l ''• yW�- E 1�� r , �' � T-I ^ 1 1st I! I i E .1_ o��. i`, �• 4 �.KD)fm'gat (w)ppl�t— - — j � .. ., � A €. ICL �' }L_�t •.t.. noo •1 a'j_�,'�w��17. op'srt;tw)s9(+9t 1,Zw ��. _, � -- ______ � 3 -€�iz� 3 , xi F r � �. .Ui. 't.t WIN �sx5 } v 2 11,118: J�fy { :s k- 9iss.6 s 1 � E I I � I 3 j Y��� 5�� r •" W � I 5. J j 1 Wd 89�VYi BLOTJ9ULL WYip -gvuyj LwBylryro 9n+oavta:+9 =r. o E o 6 . U5 Ur aj U) U) (3 LL 0- (M-00,95.685) O o 11:6 S 69S) NN LE Eli if O o CH COLUMBIA HEIGHTS AGENDA OTHER ORDINANCES & RESOLUTIONS ITEM NO. 9A MEETING April 10, 2017 Tabled from March 27, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER I ITEM: I Appointment to fill City Council Vacancy I I DEPARTMENT: Administration CITY MANAGER'S I BY /DATE: Katie Bruno I BY /DATE: �� 7 BACKGROUND: AL: With the election of Donna Schmitt to the office of Mayor, there is a vacancy created for the remainder of her two year Council term. This vacancy is to be filled by appointment as stated in the City Charter; Chapter 2, Section 9. The council adopted Resolution No, 2017 -09, a resolution declaring the vacancy; on January 9, 2017. The vacancy was advertised in the Sun Focus, at City Hall and on the City's website. Applications were accepted through February 23, 2017; all candidates were interviewed March 2 nd and 3`a The council reviewed the applicants at the March 6, 2017 regularly scheduled work session, as well as two additional work sessions on March 13 and March 27. As a matter of procedure, the resolution should be read in its entirety during the meeting. Recommended Motion: MOTION: Motion to adopt Resolution No. 2017 -20, appointing to the City Council vacant seat, with the term expiring when their successor is elected and qualified in January, 2019, Attachments: Resolution 2017 -20 133 RESOLUTION NO. 2017 -20 A RESOLUTION CALLING FOR APPOINTMENTTO VACANT CITY COUNCIL SEAT WHEREAS: on January 9, 2017, the City Council declared a vacancy on the City Council as a result of Donna Schmitt being elected as Mayor; and WHEREAS: notice was published of the intention to accept applications for the vacancy on the City Council until February 23, 2017 at 4:30 PM; and WHEREAS: pursuant to the City Charter, the City Council may appoint an eligible person to fill the vacancy on the City Council until the next regular municipal election. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Columbia Heights: 1. That shall be appointed to the City Council to fill the vacancy of the remainder of Donna Schmitt's term, ending January 7, 2019. 2. That the appointment of Oath of Office. Passed this 27th day of March, 2017 Offered by: Seconded by: Roll Call: Attest: Katie Bruno, City Clerk /Council Secretary shall take effect upon administration of the Official Donna Schmitt, Mayor 134