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Home My WebLink About12-11-2017 CCPColumbia Heights All-America City �o 2016 CALL TO ORDER /ROLL CALL 2. INVOCATION CN COLUMBIA HEIGHTS www.columbiaheightsmn.gov AGENDA CITY COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 59040 1h AVE NE MONDAY, DECEMBER 11, 2017 7:00 PM Invocation provided by Bill Hugo, St Matthew Lutheran 3. PLEDGE OF ALLEGIANCE 4. MISSION STATEMENT Mayor Donna Schmitt Councilmembers Robert Williams John Murzyn, Jr. Connie Buesgens Nick Novitsky City Manager Walter R. Fehst Our mission is to provide the highest quality public services. Services will be provided in a fair, respectful and professional manner that effectively address changing citizen and community needs in a fiscally - responsible manner. S. APPROVAL OF AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 6. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS pg 5 A. Dan Thompson proclamation 7. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A. Approve Minutes of the City Council MOTION: Move to approve the minutes of the City Council meeting of November 27, 2017 pg 6 MOTION: Move to approve the minutes of the City Council Work Session, December 4, 2017 pg 18 B. Accept Board & Commission Meeting Minutes MOTION: Move to accept the Planning & Zoning Commission minutes from November 8, 2017 pg 21 MOTION: Move to accept the Library Board minutes from November 1, 2017 pg 29 MOTION: Move to accept the EDA minutes from November 6, 2017 pg 31 MOTION: Move to accept the EDA minutes from November 27, 2017 pg 38 C. Establishing polling places for the 2018 Election pg 49 MOTION: Move to wave the reading of Resolution No. 2017 -132, there being ample copies available to the public. MOTION: Motion to adopt Resolution No. 2017 -132, establishing Precinct and Polling locations for 2018 Election Year. D. Adopt Resolution 2017 -134 updating Income Limit for Senior Citizen Utility Rates pg 51 MOTION: Move to waive the reading of Resolution 2017 -134, there being ample copies available to the public. MOTION: Move to adopt Resolution 2017 -134, being a resolution updating the income limit for senior citizen utility rates. E. Adopt Resolution 2017 -133 Establishing Senior Citizens or Retired & Disabled Persons pg 53 Hardship Special Assessment Deferral MOTION: Move to waive the reading of Resolution No. 2017 -133 there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2017 -133, being a resolution establishing a new maximum income of $34,700 for Senior or Retired and Disabled Persons to be eligible for special assessment deferral. Extension of GIS Range Rider Contract pg 56 MOTION: Move to approve a one -year extension to the GIS Joint Powers Agreement in the amount of $23,700; and, authorize the Mayor and City Manager to enter into an agreement for the same. G. Installation of Two -Way Stop Signs On Madison Street At 42nd Avenue pg 66 MOTION: Move to install two -way "STOP" signs at the intersection of Madison Street and 42nd Avenue, stopping north and south bound traffic on Madison Street. ALTERNATE RECOMMENDED MOTION: Move to deny installation of two -way "STOP" signs at the intersection of Madison Street and 42nd Avenue, based on the recommendation of the Traffic Commission. H. Amendment Consideration of the Fiscal Year 2017 Planning & Inspections Fund Budget pg 72 MOTION: Move to waive the reading of Resolution 2017 -136, there being ample copies available to the public. MOTION: Move to approve Resolution No. 2017 -136, a resolution of the City Council for the City of Columbia Heights, Minnesota, authorizing an amendment to the Fiscal Year 2017 Planning & Inspections Fund budget. I. Approve Resolution 2017 -135 Amending 2017 Budget (re Transfer of Funds) pg 74 MOTION: Motion to waive the reading of Resolution No. 2017 -135, being a resolution amending the 2017 budget to use certain additional revenue, there being ample copies available to the public. MOTION: Motion to adopt Resolution 2017 -135 being a Resolution amending the 2017 budget to use certain additional revenue. J. Resolution 2017 -137 Authorizing the City of Columbia Heights to Enter into Agreement pg 76 No. 1029933 With MnDOT to Act as the City's Agent in Accepting Federal Funds MOTION: Move to waive the reading of Resolution No. 2017 -137 there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2017 -137, being a resolution authorizing the City of Columbia Heights to enter into Agreement No. 1029933 authorizing MnDOT to act as the City's Agent in accepting Federal funds for Federal Aid projects initiated by the City. K. Consideration of approval of attached list of rental housing applications. pg 92 MOTION: Move to approve the items listed for rental housing license applications for December 11, 2017, in that they have met the requirements of the Property Maintenance Code. L. Approve Business License Applications pg 94 MOTION: Move to approve the items as listed on the business license agenda for December 11, 2017. M. Payment of Bills pg 97 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 168278 through 168536 in the amount of $1,507,785.43 MOTION: Move to approve the Consent Agenda items. 8. PUBLIC HEARINGS A. Consideration of declaration of a nuisance and abatement of violations within the City pg 107 of Columbia Heights is requested regarding the property at 3989 Central Avenue NE for failure to meet the requirements of the Residential Maintenance Code. MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2017- 131, there being ample copies available to the public. MOTION: Move to adopt Resolution Number 2017 -131, being resolution of the City Council of the City of Columbia Heights declaring the property listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. B. Resolution No. 2017 -129, a Conditional Use Permit for a religious facility /place of pg 110 worship on the property located at 3836 Stinson Blvd. MOTION: Waive the reading of Resolution No. 2017 -129, there being ample copies available to the public. MOTION: Move to approve Resolution No. 2017 -129, being a resolution approving a Conditional Use Permit subject to certain conditions of approval. C. Resolution 2017 -130 adopting a budget for the year 2018, setting the city levy, approving pg 141 the HRA levy, and approving a tax rate increase. MOTION: Move to waive the reading of Resolution 2017 -130, there being ample copies available to the public. MOTION: Move to close the public comment and adopt Resolution 2017 -130, being a resolution adopting a budget for the year 2018, setting the city levy, approving the HRA levy, and approving a tax rate increase. 9. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations C. New Business and Reports 10. CITY COUNCIL AND ADMINISTRATIVE REPORTS Report of the City Council Report of the City Manager Report of the City Attorney 11. COMMUNITY FORUM At this time, individuals may address the City Council about any item not included on the regular agenda. Speakers are requested to come to the podium, sign their name and address on the form for the Council Secretary's record, and limit their comments to five minutes. Individuals are asked to state their name for the record. The City Council will listen to the brief remarks, ask clarifying questions, and if needed, request staff to follow up or direct the matter to be added to an upcoming agenda. Generally, the City Council will not take official action on items raised at the Community Forum at the meeting in which they are raised. 12. ADJOURNMENT Walt Fehst, City Manager Auxiliary aids or other accommodations for disabled persons are available upon request when the request is made at least 48 hours in advance. Please contact the City Clerk at 763 - 706 -3611 or kbruno@columbiaheightsmn.gov, to make arrangements. PROCLAMATION DECLARING DECEMBER 31, 2017 AS PASTOR DAN THOMPSON DAY IN THE CITY OF COLUMBIA HEIGHTS WHEREAS, Pastor Dan Thompson has been an active member of our community while serving at Heights Church since 1998, and WHEREAS, Pastor Dan has prayed regularly at the City Council meetings, participated in many community events, and has been actively involved in the Columbia Heights ministerium, and WHEREAS, Pastor Dan has been involved with the Youth Development curriculum for Columbia Heights Police Department for the At -risk Youth Program, and been a participant in Big Brother Big Sister in the schools and with Kiwanis, and WHEREAS, Pastor Dan has been involved with school district with the Core Values Development Committee, the Finance Committee, and the World's Best Workforce Oversight Committee, and WHEREAS, Pastor Dan has been involved in Citywide Bible Study, Columbia Heights Police Department Citizen Accountability Committee, Community Center Task Force, and led Crossroads Conversations back in 2000, and WHEREAS, Pastor Dan has reached out to the people of this community and his congregation in times of joy and sorrow, and bringing them together through faith, compassion, love and laughter, and WHEREAS, Pastor Dan's compassionate heart for his vocation has been a benefit not just to Heights Church, but also to the City of Columbia Heights, NOW, THEREFORE, BE IT DECLARED, that I, Donna Schmitt, do hereby proclaim December 31, 2017, as Pastor Dan Thompson Day in the City of Columbia Heights, Minnesota Signed Seal Mayor Donna Schmitt, City of Columbia Heights OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING NOVEMBER 27, 2017 The following are the minutes for the regular meeting of the City Council held at 7:00 PM on Monday November 27, 2017 in the City Council Chambers, City Hall, 590 40th Ave. N.E., Columbia Heights, Minnesota 1. CALL TO ORDER /ROLL CALL Mayor Schmitt called the meeting to order at 7:04 p.m. Present: Mayor Schmitt, Councilmember Williams, Councilmember Buesgens, Councilmember Murzyn, Jr. and Councilmember Novitsky Also Present: Walt Fehst; City Manager, Jim Hoeft; City Attorney, Kelli Bourgeois: Human Resource Director /Assistant to the City Manager, Lenny Austin; Police Chief, Gary Gorman; Fire Chief, Keith Dahl; Economic Development Manager, Andy Museus; Sergeant, Josh Huebner; Community Policing Coordinator, and Katie Bruno; City Clerk /Council Secretary 2. INVOCATION Invocation provided by Linda McCollough, Community United Methodist Church 3. PLEDGE OF ALLEGIANCE 4. MISSION STATEMENT, Read by Mayor Schmitt. Our mission is to provide the highest quality public services. Services will be provided in a fair, respectful and professional manner that effectively address changing citizen and community needs in a fiscally - responsible and customer friendly manner. 5. APPROVAL OF AGENDA Mayor Schmitt announced item 8B will be removed; the properties have satisfied the requirements. Mayor Schmitt announced there is a change to the fee schedule, due to a duplication. Motion by Councilmember Buesgens, seconded by Councilmember Murzyn, Jr. to approve the agenda as amended. All Ayes, Motion Carried. 6. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS 7. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A. Approve Minutes of the City Council MOTION: Move to approve the minutes of the City Council meeting of November 13, 2017 MOTION: Move to approve the minutes of the City Council Work Session, November 6, 2017 MOTION: Move to approve the minutes of the City Council Work Session, October 23, 2017 B. Consideration of adoption of the City of Columbia Heights Fee Schedule *Removed for discussion 6 City Council Minutes November 27, 2017 Page 2 of 12 C. Consideration of Joint Powers Agreement with Anoka County for Assessment Services MOTION: Move to approve the Joint Powers Agreement with Anoka County for assessment services, effective January 16, 2018 through January 15, 2023, and to authorize the Mayor and City Manager to execute the agreement. D. Consideration of Resolution 2017 -127 Consideration of Resolution 2017 -127 commencing the Comcast Franchise Renewal Process MOTION: Move to waive the reading of Resolution No. 2017 -127, there being ample copies available to the public. MOTION: Motion to adopt Resolution No. 2017 -127, concerning the commencement of renewal proceedings under the Federal Cable Communications Policy Act of 1984, as amended. E. Consideration of Resolution 2017 -128 Entering into a Contract with Medica for Employee Health Insurance MOTION: Move to waive the reading of Resolution No. 2017 -128, there being ample copies available to the public. MOTION: Motion to adopt Resolution No. 2017 -128, entering into a contract with Medica for employee health insurance coverage for January 1, 2018 through December 31, 2018 and authorizing the City Manager to sign the contract once it is received. F. Transfer of Funds to Fire Department 2017 Budget. MOTION: Move to waive the reading of Resolution No. 2017 -121, there being ample copies available to the public. MOTION: Motion to adopt Resolution 2017 -121, being a Resolution amending the 2017 Fire Department budget. G. Consideration of approval of attached list of rental housing applications. MOTION: Move to approve the items listed for rental housing license applications for November 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 November 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 168187 through 168277 in the amount of $ 376,785.75 Motion by Williams, seconded by Buesgens to approve the Consent Agenda items as amended. All Ayes, Motion Carried. The following item was removed for discussion: 7B. Consideration of adoption of the City of Columbia Heights Fee Schedule. City Manager Walt Fehst explained that the Recreation Department has both 2018 and 2019 fees included. Mayor Schmitt reported the following change to the Library fee section; deletion of the first two fees, they are addressed further down. City Council Minutes November 27, 2017 Page 3 of 12 Library copier .15 copy (public service) .10 (printing from the public internet browser) Motion by Councilmember Buesgens, seconded by Councilmember Novitsky to waive the reading of Resolution No. 2017 -125, there being ample copies available to the public. All Ayes, Motion Carried Motion by Councilmember Buesgens, seconded by Councilmember Novitsky to adopt Resolution No. 2017 -125, approving the 2018 City wide Fee Schedule. All Ayes, Motion Carried 8. PUBLIC HEARINGS A. Consideration of approval of an eight (8) -month provisional license to operate a rental unit within the City of Columbia Heights is requested for the rental property at 1030 Polk Place NE. Police Chief Lenny Austin reported that a trend of criminal and nuisance activity at the property was noticed in July of 2017. Requests to meet with the landlord were declined by the property management company. Austin reported that since Invitation Homes LLC purchased the property in November 2013, calls for service have increased significantly. From 2000 -2013 (pre Invitation Homes), there were 14 calls for service in 13 years. Since 2013 (when Invitation Homes purchased the property) there have been 30 calls for service. It was determined that suspects involved in a violent robbery, were "flopping" at the property. Concerns of the Police Department include; property management issues and lack of cooperation from the property management company. Fire Chief Gary Gorman indicated Invitation Homes have a total of 24 properties in the city; this property being the only problematic one. Austin stated the Department's recommendation would be an 8 month provisional license with the following conditions: • Monthly meeting (more if needed) between CHPD (and CHFD if needed) and Invitation Homes to review calls and activity on property and other Invitation Homes properties in Columbia Heights • Provide lease and documentation of backgrounds of all prospective tenants for PD review during Provisional license. • Reduce calls for service to reflect average calls for service from previous years. • Crime Prevention through Environmental Design (CPTED) study to be conducted on the property and implement any reasonable recommendations. • Fulfill all requests to meet with CHPD and CHFD during provisional licensing period. Councilmember Buesgens questioned why revocation is not recommended. Austin stated that because the other 23 properties are well managed, he feels this can be remedied. Officer Josh Huebner reported he contacted the property management company regarding background checks, they indicated that changes to their background checks would be difficult to do for one property. Councilmember Williams commented that our police department has been successful with property management compliance in the past, and he agrees with the recommendation of the department. Mayor Schmitt asked if there have been additional calls to the inspections department other than the long grass complaints. Gorman indicated there was property damage following the recent eviction, all City Council Minutes November 27, 2017 Page 4 of 12 repairs have been made and inspected. Lindsay Cremona, legal counsel for Invitation Homes indicated that Invitation Homes was not aware of the police activity until July 25th. At that time, legal counsel was sought, and the eviction process began. Cremona was not aware, at the time; that Invitation Homes declined to meet with our police department. She reported there may have been a misunderstanding regarding the purpose of the requested meeting. Cremona reported they were told only minors were living at the property, the tenants were contacted, and confirmed they were still living there. Councilmember Buesgens questioned how the company was unaware of multiple property violations. Cremona indicated maintenance is the responsibility of the tenant, and Invitation Homes was not aware of the maintenance concerns until July 24th, at that time they addressed the concerns. Cremona stated that Invitation Homes indicated they wish to cooperate with the city, and she will assure that they do. Councilmember Buesgens suggested the company may be too large, as they have not taken care of this property. Because of the lack of cooperation with the city, the fact that teenagers were living there unattended, 30 calls for service in the last four years, and 22 calls for property inspections, she is not open to allowing a provisional license. Councilmember Murzyn, Jr. stated it is ridiculous that they cannot keep this unit in compliance when they have 23 other units. Councilmember Novitsky stated a little cooperation may have gone a long way. Mayor Schmitt questioned why eight months was decided. Jim Hoeft indicated that was the recommendation of the Fire Department, as it coincides with their licensing schedule. Paula Berg -1100 Pierce Terrace reported she lives next door to the property. She said this has been a terrible situation. She has had numerous large rocks thrown into her pool and raids by the police department. Berg indicated she was treated disrespectfully when she contacted Invitation Homes. Motion by Councilmember Buesgens, seconded by Councilmember Novitsky to close the public hearing and to waive the reading of Resolution Number 2017 -122, being ample copies available to the public. All Ayes, Motion carried. Hoeft indicated the council has leverage with the other 23 properties, as any revocation can affect the ability for the company to obtain rental licenses within the city. Councilmember Buesgens was concerned with the response Berg received from the company, and does not trust they will do what they say they will do. Hoeft stated they can have conditions attached to future licenses if the council chooses to do so. Mayor Schmitt questioned where the conditions referred to in the resolution were outlined. Jim Hoeft indicated the conditions were set forth in the police department's presentation. Chief Austin expressed disappointment that the property manager was not at the meeting, indicating he is hopeful they will be able to have a successful outcome. Motion by Councilmember Murzyn, Jr., seconded by Councilmember Williams to adopt Resolution Number 2017 -122, being a Resolution of the City Council of the City of Columbia Heights approving an eight (8) -month provisional license to operate a rental unit pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license listed, To grant an eight (8) month provisional rental license as indicated in Resolution 2017 -122, subject to the conditions recommended in the presentation by the Police Chief, with the additional condition City Council Minutes November 27, 2017 Page 5 of 12 that the Property Manager (of the property) attend each of the quarterly landlord /tenants meeting. Additionally amend item 2 under "Order of Council', changing the word allow to consider. 3 Ayes, 2 Nays; Motion Carried. Ayes, Schmitt, Williams and Murzyn, Jr. Nays; Buesgens and Novitsky. B. Consideration of revocation of the licenses to operate rental units within the City of Columbia Heights is requested against the rental properties at 3969 Reservoir Blvd. NE and 4330 Washington Street NE for failure to meet the requirements of the Residential Maintenance Codes. *Removed C. First Reading of Ordinance 1643 Amending Chapter 2, Section 7 pertaining to Elective Offices City Attorney Jim Hoeft reported the Charter Commission has been discussing changing the term of the Mayor from two years to four years. A second reading was passed at the October Charter Commission meeting. Hoeft explained that the item would require a unanimous vote from the council; otherwise it would go back to the Charter Commission for further consideration. City Manager Walt Fehst stated that earlier in the year, the Mayor had requested the Charter Commission look at changing the term of the Mayor as well as the Mayor's authority over the Police Department. Fehst reported both items were reviewed by the Charter Commission; the second item will have a 2nd consideration at their January meeting. Fehst wanted to let the Council know that the item will likely be before them at the second meeting in January. Mayor Schmitt indicated she would like to see the meeting minutes from the October meeting prior to making a decision. City Clerk Katie Bruno reported the October minutes will be presented for approval at the January 18th Charter Commission meeting. Motion by Councilmember Murzyn, Jr., seconded by Williams to table the item until the January 22, 2018 meeting. All Ayes, Motion Carried. 9. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions a. Approval Consideration of the Development Contract for Grand Central Flats Keith Dahl, Economic Development Manager reported that On October 9, 2017, the City Council approved a resolution which approved the Site Plan for the properties located at 1069 Grandview Way and 4729 Grand Avenue NE. Thus, the Developer is required to enter in to a formal agreement with the City for the development of the Grand Central Flats Project. The Development Contract provides the City and the Developer with the surety that certain representations, warranties and covenants will be adhered to throughout the development of the Grand Central Flats Project, specifically the construction methods and timing; and the installation of public and quasi - public improvement. The Development Contract includes the following key components; Escrow Deposit, Park Dedication, Public Art, Pedestrian Connectivity, and Maintenance Agreement: Motion by Councilmember Buesgens, seconded by Councilmember Novitsky to waive the reading of Resolution 2017 -126, there being ample copies available to the public. All Ayes, Motion carried. Motion by Councilmember Buesgens, seconded by Councilmember Novitsky to approve Resolution No. 2017- 126, a resolution of the City Council for the City of Columbia Heights, Minnesota, approving the Development Contract for the Grand Central Flats Project by and between the City of Columbia Heights and the Columbia Heights Leased Housing Associates Ill, LLLP. All Ayes, Motion carried. m City Council Minutes November 27, 2017 Page 6 of 12 B. Bid Considerations C. New Business and Reports 10. CITY COUNCIL AND ADMINISTRATIVE REPORTS Councilmember Murzyn, Jr. reported the "Taste of Heights" was a big success. Councilmember Williams was pleased with the turnout for the "Taste of Heights," and suggested the City consider expanding Murzyn Hall in the future. Councilmember Buesgens also commented on the successful "Taste of Heights" event, indicating that it may be good to look at expanding Murzyn Hall. Buesgens thanked the Lions Club, the Columbia Heights Activity Fund, the Boosters, Key Club, Columbia Heights Royalty, Liz Bray, and the Recreation Staff for their hard work. She attended the final Police Council Academy, the swearing in ceremony for Chief Austin, and the mutli- cultural advisory committee meeting. Mayor Schmitt reported the "Taste of Heights" was successful, and thanked the Lions for their hard work. She attended the High Schools presentations of "Sense and Sensibility," and the High School band and choir concert. Congratulations were expressed to Chief Austin. Mayor Schmitt announced a Holiday Bazaar will be taking place at Bridgeview on December 5th. The Canadian Pacific Holiday Train will arrive on December 9th at approximately 7:45 P.M. City Manager Walt Fehst reported the city offers the venue of Murzyn Hall for the Taste of Heights, and city staff who assist do so largely on their own time. Gratitude was expressed to Keith Windschitl's staff; Liz Bray and Deanna Saefke for their contributions to the event. 11. CITIZENS FORUM Malcom Watson -1717 49th Ave NE asked if the County Assessor will be at the December 11th meeting. Manager Fehst indicated the time to address the assessor is at the Board of Appeals and Equalization meetings in April. Kathy Ahlers -4010 Hayes St NE suggested the council consider adopting a just cause eviction temporary ordinance, covering the period of the Super Bowl. Ahlers requested that in light of the recent failed School Board referendum, the council remove any statement pertaining to a new City Hall in the comprehensive plan. Manger Fehst indicated that most, if not all funding for a new City Hall could be financed internally. Ahlers expressed concern with the relatively closed public input process for the compressive plan revision. 12. ADJOURNMENT Motion by Councilmember Murzyn, Jr., seconded by Councilmember Buesgens to adjourn. All Ayes, Motion carried; Motion Carried. Meeting adjourned at 9:08 p.m. is Respectively Submitted, Katie Bruno, Council Secretary /City Clerk RESOLUTION NO. 2017 -121 City Council Minutes November 27, 2017 Page 7 of 12 A resolution of the City Council for the City of Columbia Heights, Minnesota, amending the 2017 budget to use certain additional revenue. Whereas, the City has contracted for or received the following revenue: Source Amount MN Board of Firefighter Training $16,813.26 State of Minnesota $11,809.73 Washington County $494.91 Anoka County $4887.20 Crestview $539.45 TOTAL $34,544.55 Whereas, this revenue was not included in the initial 2017 budget adopted by resolution 2016 -132, nor in any subsequent amendments to that budget; and Whereas, accordingly, the expense necessary to earn this revenue was also not previously included in the 2017 budget; and Whereas, the activity related to this revenue and expense is consistent with the goals and objectives of the City of Columbia Heights Fire Department; Now, therefore, in accordance with all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: ORDER OF COUNCIL IT IS HEREBY RESOLVED, that the 2017 budget for general fund revenue and expense is amended for an increase of $34,544.55 RESOLUTION NO. 2017 -122 A resolution of the City Council for the City of Columbia Heights approving an eight (8) -month provisional rental license for the property rental license held by 2015 -3 I1-12 BORROWER LP (Hereinafter "License Holder ") Whereas, License Holder is the legal owner of the real property located at 1030 Polk PL N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on November 13, 2017 of a public hearing to be held on November 27, 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: 12 City Council Minutes November 27, 2017 Page 8 of 12 FINDINGS OF FACT 1. That from 2000 -2013, the property generated 14 calls for service and from 2013 to present generated 30 calls for service. Invitation Homes began managing the property in 2013. 2. That on 08/12/16, two adults and one juvenile were listed as moving into the residence. 3. That between September 2016 and February 2017, there were six calls for service at the residence involving the renters on the lease. 4. That on 08/11/17, the renter told CHPD they had moved out in May 2017 and her 18- year -old son was staying in the house with multiple juveniles while committing several crimes, to include underage drinking, smoking marijuana, and fighting. 5. That between 07/19/17 and 08/25/17, there were 19 calls for service at the address and none involved adult renters on the lease. 6. On 08/14/17, the CHPD called Portfolio Manager, Delisa Collette, and requested a meeting to discuss the criminal activity at the property, and the request was denied. CHPD also requested copies of background checks and lease; the request was denied and CHPD was told a subpoena was needed. 7. That crimes were committed on the property or associated with the property, including but not limited to; First Degree Aggravated Robbery, Tampering with a Witness, Terroristic Threats, Theft, Criminal Damage to Property, and False Name to Police. 8. That at no time from August 2016 to present did Invitation Homes initiate communication with the CHPD to inquire about activity on their property. 9. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F16291 is hereby granted as an eight (8) -month provisional rental license with the following six conditions: a. Monthly meeting (more if needed) between CHPD (and CHFD if needed) and Invitation Homes to review calls and activity on property and other Invitation Homes properties in Columbia Heights b. Provide lease and documentation of backgrounds of all prospective tenants for PD review during Provisional license. Reduce calls for service to reflect average calls for service from previous years. d. Crime Prevention through Environmental Design (CPTED) study to be conducted on the property and implement any reasonable recommendations. Fulfill all requests to meet with CHPD and CHFD during provisional licensing period. The property manager will attend quarterly landlord meetings during the 8 month period. 2. The City will consider full reinstatement of the license after eight (8) months if all conditions are met by License Holder. 3. Council may revoke license at any time during provisional period if conditions are not met. 13 City Council Minutes November 27, 2017 Page 9 of 12 RESOLUTION NO. 2017 -125 RESOLUTION APPROVING THE CITY OF COLUMBIA HEIGHTS FEE SCHEDULE BE IT RESOLVED BY the City Council (the "Council ") for the City of Columbia Heights, Minnesota (the "City ") as follows: WHEREAS, certain fees are associated within the various city departments; and WHEREAS, occasionally, fees are evaluated and adjusted based on comparable area rates as well as staff time used for processing and evaluating requests; and WHEREAS, the City has not had a unified fee schedule; and WHEREAS, the passage of this Resolution will create one, comprehensive city -wide fee schedule. NOW, THEREFORE BE IT RESOLVED that the City Council hereby adopts the attached City of Columbia Heights Fee Schedule, which will take effect January 1st, 2018. RESOLUTION NO. 2017 -126 A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA, APPROVING THE DEVELOPMENT CONTRACT FOR GRAND CENTRAL FLATS PROJECT BY AND BETWEEN THE CITY OF COLUMBIA HEIGHTS AND COLUMBIA HEIGHTS LEASED HOUSING ASSOCIATES III, LLLP. BE IT RESOLVED BY the City Council for the City of Columbia Heights, Minnesota (the "City ") as follows: WHEREAS, Columbia Heights Leased Housing Associates III, LLLP, a Minnesota limited liability limited partnership ( "Developer ") has proposed to develop a multi - family apartment complex consisting of two buildings and 148 units of affordable workforce housing to be located at 1069 Grandview Way and 4729 Grand Avenue NE (the "Project "); and WHEREAS, pursuant to Resolution No. 2017 -90, the City has approved the site plan for the Project, subject to (among other items) the Developer entering into a Development Contract for the development of the Project, governing construction methods and timing, and the installation of certain public and quasi - public improvements. NOW, THEREFORE BE IT RESOLVED in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the Council hereby makes the following: FINDINGS OF FACT 1. The Development Contract has been negotiated between City and Developer, contains provisions that satisfy the conditions of Resolution No. 2017 -90 that pertain to the entering into of a Development Contract, and is otherwise acceptable to City staff at the advice of the City attorney. 2. The Development Contract provides for development and construction of the Project in a manner that is consistent with the approved site plan for the Project. 3. Developer has consented to the entering into of the Development Contract and requested that the City approve and execute the Development Contract in the form presented to the Council on the date hereof. BE IT FURTHER RESOLVED that the Council hereby approves the form and substance of the Development Contract, and approves of the City entering into the Development Contract. BE IT FURTHER RESOLVED that the Council hereby authorizes and directs the Mayor and City Manager to execute and deliver the Development Contract on behalf of the City, and to take such other action as deemed 14 City Council Minutes November 27, 2017 Page 10 of 12 necessary and appropriate to carry out the purpose of the foregoing resolution. RESOLUTION NO. 2017 -127 A resolution concerning the commencement of renewal proceedings under the Federal Cable Communications Policy Act of 1984, as amended. WHEREAS, on August 9, 2010, the City of Columbia Heights, Minnesota, ( "City ") adopted Ordinance No. 1583, amending Ordinance No. 853 (collectively, the Cable Communications Franchise Ordinance set forth in Chapter 11 of the City Code ( "Franchise Ordinance ")) authorizing Comcast of Minnesota, Inc. ( "Comcast ") to construct, operate and maintain a cable system in the City for the purpose of providing cable service and setting forth the terms and conditions of Comcast's use of public rights -of -way (the "Franchise "); WHEREAS, the Franchise Ordinance term was extended through May 31, 2020 by a Settlement Agreement with Comcast dated January 26, 2015, and Ordinance No. 1617, adopted February 9, 2015; WHEREAS, by letter dated August 17, 2017, from Comcast to the City, Comcast invoked the formal renewal procedure set forth in Section 626 of the Cable Communications Policy Act of 1984, as amended, 47 U.S.C. § 546 (the "Cable Act "); WHEREAS, Section 626(a)(1) of the Cable Act, 47 U.S.C. § 546(a)(1), provides that if an appropriate written renewal request is submitted by the cable operator during the 6 -month period which begins with the 36th month before franchise expiration and ends with the 30th month prior to franchise expiration, a franchising authority shall, within six months of the request, commence a proceeding to identify the future cable - related community needs and interests, and to review the performance of the cable operator under the franchise during the then current franchise term; WHEREAS, the City is desirous of commencing the renewal proceedings specified in Section 626(a)(1) of the Cable Act, 47 U.S.C. § 546(a)(1), and, at the same time, of also considering the possibility of pursuing the informal renewal process with Comcast pursuant to Section 626(h) of the Cable Act, 47 U.S.C. § 546(h); and WHEREAS, the City must provide the public with notice of, and an opportunity to participate in, proceedings under Section 626(a) of the Cable Act, and such proceedings may involve the collection and analysis of information from Comcast, City agencies and departments, the public and other interested parties and may require one or more public hearings; and WHEREAS, the City desires that the proceedings under Section 626(a) of the Cable Act be managed and conducted by the City Manager, or his designee; and WHEREAS, the City intends to authorize the City Manager, or his designee, to take any and all steps required or desired to comply with the requirements of the Cable Act, the Franchise Ordinance and the Franchise. Now, therefore, in accordance with all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: ORDER OF COUNCIL IT IS HEREBY RESOLVED, that the City hereby commences formal franchise renewal ascertainment and past performance proceedings under Section 626(a)(1) of the Cable Act, 47 U.S.C. § 546(a)(1), concerning Comcast. 15 City Council Minutes November 27, 2017 Page 11 of 12 IT IS HEREBY FURTHER RESOLVED, that the City Manager, or his designee, is authorized to manage and conduct proceedings in accordance with Section 626(a)(1) of the Cable Act, 47 U.S.C. § 546(a)(1), and to take all steps and actions necessary or desired to conduct such proceedings and to comply with applicable laws, regulations, orders and decisions. The City Manager, or his designee, may conduct such hearings, surveys and meetings deemed necessary or appropriate to assess community cable- related needs and interests, evaluate Comcast's past performance, and enable the public to participate in formal Franchise renewal proceedings. IT IS HEREBY FURTHER RESOLVED, that the City Manager, or his designee, may explore with Comcast the possibility of pursuing the informal renewal process under Section 626(h) of the Cable Act, 47 U.S.C. § 546(h). If the City and Comcast decide to utilize the informal renewal process, the City Manager, or his designee, is authorized to negotiate with Comcast concerning matters relating to the renewal or extension of the Franchise, to prepare informal renewal proposals and to respond to informal renewal proposals from Comcast, and to take all other steps and actions necessary or desired to engage in the informal Franchise renewal process and /or to comply with applicable laws, regulations, orders and decisions. IT IS HEREBY FURTHER RESOLVED, that the City Manager, or his designee, shall provide the public with notice of, and an opportunity to participate in, proceedings conducted under Section 626(a)(1) of the Cable Act, 47 U.S.C. § 546(a)(1). IT IS HEREBY FURTHER RESOLVED, that the City Manager, or his designee, may establish procedures and dates for the conduct of any hearings, meetings and /or surveys related to the Section 626(a) proceedings and may establish procedures and dates for the submission of testimony and other information in connection with the proceeding. IT IS HEREBY FURTHER RESOLVED, that the City Manager, or his designee, is authorized to request Comcast and its affiliates and subsidiaries to submit such information as may be deemed appropriate in connection with the Section 626(x) proceedings or the informal Franchise renewal process under Section 626(h), gather such other information from other persons, agencies, or sources as may be deemed appropriate, and to take such further steps as may be needed or desired to ensure the City's and the public's interests are fully protected and the cable - related needs and interests of the City are satisfied consistent with applicable law. IT IS HEREBY FURTHER RESOLVED, that the City reserves, to the full extent permitted by law, all of its rights with respect to determining whether to renew the Franchise. IT IS HEREBY FURTHER RESOLVED, that the City Manager, or its designee, shall keep the City Council fully apprised of the status and progress of franchise renewal proceedings and negotiations. RESOLUTION NO. 2017 -128 Resolution of the City Council for the City of Columbia Heights entering into a contract with Medica for employee health insurance coverage for January 1, 2018 through December 31, 2018. 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. Whereas, after completing a Request for Proposals for health insurance coverage, on August 18, 2017 Associated Benefits and Risk Consulting, the City's benefits consultant, received proposals from Health Partners, Blue Cross Blue Shield of Minnesota, and Medica. 2. Medica's proposal was the lowest cost proposal with a 0.09% reduction in premium rates for 2018 coverage for the same plans as are currently provided. 16 City Council Minutes November 27, 2017 Page 12 of 12 NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA 1. That the City of Columbia Heights enter into a contract with Medical to provide health insurance for all eligible city employees and City Council members for January 1, 2018 through December 31, 2018. That the City Manager is hereby authorized to sign the contract with Medical. 17 Meeting of: COLUMBIA HEIGHTS CITY COUNCIL Date of Meeting: December 4, 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 7:20 PM Present: Mayor Schmitt, Councilmembers Williams, Murzyn Jr., Buesgens and Novitsky Also Present: Walt Fehst; City Manager, Kelli Bourgeois; Human Resource Director /Assistant to the City Manager, Joe Kloiber; Finance Director, Joe Hogeboom; Community Development Director, Elizabeth Holmbeck; City Planner, Keith Dahl; Economic Development Manager, Lenny Austin; Police Chief, Gary Gorman; Fire Chief Renee Dougherty; Library Director and Katie Bruno; City Clerk Comprehensive Plan update from Mark Koegler Mark Koegler, Hoisington Koegler Group Inc., gave an update of the Comprehensive Plan process, indicating they are slightly ahead of schedule. Community engagement opportunities have included Social Pinpoint and Survey Monkey. Key areas of consideration include; 40th & Central, 49th & Central, University (between 37th and 40th), and 40th Ave. Two to three concepts were shared for each site. Koegler clarified these are only concepts at this time, there are no development plans reflective of the concepts shared. The review committee indicated a need for employment opportunities within the city. The review committee will be looking at options for the Huset Park area including a new City Hall. Mayor Schmitt commented that the additional parking area for Murzyn Hall should remain. Mayor Schmitt also indicated that we currently have a lot of varied housing, and would prefer anything other than housing. Community Development Director Joe Hogeboom stated that the steering committee will next meet on December 18th. Drafts will be coming to the council in early 2018. Planning and Zoning Commission Bylaws — Proposed Changes Community Development Director Joe Hogeboom reported the City's Planning and Zoning Commission operates under a set of Bylaws that was last amended on February 14th, 2000. Based on changes that have occurred during the past seventeen years, staff proposes the following changes: • Increase Commission membership from five to seven members. This would provide better discussion, as well as increasing the likelihood of having a quorum. • Formally change the name of the commission to the "Planning Commission." Developers have expressed confusion, as the term Planning Commission is the standard. • Formally create a "Vice Chairperson" and a "Secretary /Treasurer" position. • Require that officers are elected annually. Change meeting start times from 7:00 pm to 6:00 pm. • Create an attendance requirement. If a quorum is not available, that can cause delays for developers. Hogeboom indicated that if council agrees, a formal request will be presented in January, 2018. Councilmember Murzyn, Jr. questioned if the attendance requirements would apply to all advisory commissions. Hogeboom clarified these changes are proposed for the Planning & Zoning Commission. Public Safety Staffing Study Kelli Bourgeois, Human Resource Director /Assistant to the City Manager explained that 18 City Council Worksession December 4, 2017 Page 2 of 3 Chief Austin has expressed interest in doing a staffing study of the Police Department in 2019. Internally, staff has been discussing how to best manage property maintenance and multi - family licensing inspections. Currently, the Fire Department conducts these activities, but staff has discussed moving these activities to Community Development. At this time it is thought that there are benefits to keeping the licensing and inspections with the Fire Department. These benefits include: Fire Department has the necessary software and vehicles to manage these activities. The Fire Department has more potential to vary the tasks of their full time staff. By conducting rental property inspections firefighters have better knowledge of the buildings they may have to respond to fire calls at, and the Fire Department can work closely with the Police Department as a Public Safety Division to better enforce and manage property violations and enforcement actions. With this thought, there is concern about the workload the Fire Department has with regard to their fire duties and proactively enforcing the City's property maintenance and rental licensing regulations. On the police side as discussed by Chief Austin has noted, there have been significant changes in types of calls and other activities the Police Department performs now than in the past (community policing, how cases are processed, etc.). With these changes it is important to look at how the activities are completed, by whom, and if there is appropriate staffing at each level within the organization. For these reasons staff is proposing the staffing study discussed by the Police Department be expanded to include the Fire Department as a Public Safety staffing study, and that the study be budgeted for in 2018. Staff is asking the City Council to consider including approximately $70,000 from the Fund Balance in the 2018 budget to accomplish this staffing study. This is an estimate that will be confirmed by the Dece,ber 11th City Council meeting. Bourgeois clarified this allocation would only designate the funds to the possible completion of the study in 2018. Before an RFP for the study would be distributed, the City Council would be asked to vote on the study itself. Mayor Schmitt asked if there is a plan to combine the Police and Fire departments. Bourgeois indicated there may be some administrative services that can be combined, noting she still envisions two separate departments. City Manager Walt Fehst indicated the budget would need to be expanded and the Fund Balance would be used, there would be no increase in taxes. Police Chief Lenny Austin indicated the Police and Fire Departments have partnered to do code enforcement, and have seen very good results. Councilmember Murzyn, Jr. agreed, stating he thinks it is best for inspections to be completed through the Fire Department. Finance Director Joe Kloiber explained the transfer can be included with the 2018 budget resolution being considered on December 11th, or as a budget amendment later in 2018. Kloiber indicated it may be better to include it in the December 111h resolution for financial reporting purposes. Review of minor revisions to proposed 2018 expense budget Finance Director Joe Kloiber reported the annual budget preparation schedule requires using many estimates that are prepared six to nine months before the Council adopts the annual budget each December. A handful of these estimates are revised prior to adoption of the budget, to better reflect actual or expected activity. For 2018, the following revisions from the amounts initially proposed by the City Manager have been identified, and be incorporated into budget resolution 2017 -130, which will be presented at the public hearing December 11, 2017. 19 City Council Worksession December 4, 2017 Page 3 of 3 Increase Fund Dept (Decrease) Explanation 101 General 42100 Police (10,000) Adjust to actual 2018 costs of County Public Safety Data System (PSDS) 101 General 42200 Fire 10,000 Adjust to actual 2018 costs of County Public Safety Data System (PSDS) 101 General 45129 Murzyn Hall 36,000 Carryover parking lot repair budgeted in 2017, that will be performed in 2018 201 Planning 42400 Protective 10,000 Add temporary PT intern for increased building activity, & Inspections Inspections with costs equal to the related increase in permit revenue 602 Sanitary Sewer 49480 Disposal (29,000) Adjust to actual 2018 costs of Met Council sewage treatment Explanation of how the Area -Wide Fiscal Disparities Subsidv effects changes in local property taxes Finance Director Joe Kloiber gave an overview of how the Area -Wide Fiscal Disparities Subsidy effects changes in local property taxes. Kloiber indicated the Truth in Taxation Notices sent to property owners, will likely have a levy amount (city portion) different than the city's proposed 4.9 %. This is due in part, to the fact that all taxing jurisdictions are included on the tax statement. Another reason is because of change in property value. Fiscal Disparities were explained as a program that shares tax base across the metro area. The amount varies, causing the local share to change. Kloiber indicated when there are spikes; it makes the budget process difficult. The process was summarized, noting the levy adopted is not the levy paid, a single year approach cannot be taken, and in the long run, it's OK. Mayor Schmitt questioned if a large spike would trigger a refund, and if there are ways the City can assist residents with filing. Kloiber stated there are ways the city can publicize and provide information to residents. Other Items Councilmember Buesgens requested the council review their Strategic Goals at the February work session. Meeting Adjourned at 9:28 PM Respectively Submitted, Katie Bruno, Council Secretary /City Clerk 20 MINUTES OF PLANNING AND ZONING COMMISSION NOVEMBER 8, 2017 7:00 PM The meeting was called to order at 7:00 pm by Chair Szurek. Commission Members present- Novitsky, Fiorendino, Holum, and Szurek Members Absent: Schill Also present were Elizabeth Hohnbeck (Planner), Shelley Hanson (Secretary), and John Murzyn (Council Liaison). Motion by HoiWn, seconded by Fiorendino, to approve the minutes firom the meeting of Sept 6th, 2017. 1411 ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: 2017 -1101 APPLICANT: Gammada Urgessa, Akaku's Brew LOCATION: 2301 37'h Place REQUEST: Conditional Use Permit for Assembly, Manuf. & Processing Holmbeck explained that Gammada Urgessa on behalf of Akaku's Brew has requested a Conditional Use Permit to allow for processing of Daadhii, a traditional Honey Wine, on the property located at 2301 37th P1. NE., Columbia Heights, MN 5 542 1. The applicant is proposing to lease the westernmost tenant space of the strip center. At this time, this tenant space is vacant. Historically however, the space has been used for commercial purposes. Assembly, manufacturing and /or processing require a Conditional Use Permit in the GB, General Business Zoning District. Akaku's Brew has been produced locally for over 20 years. While the wine has currently been made in small batches at the applicant's home, they wish to expand their production and would like to start a small processing facility at the subject property. The applicant anticipates producing approximately 400 hundred 750 ml. bottles per month to be sold directly to distributors only. ZONING ORDINANCE The property located at 2301 37th Pl. NE is located in the GB (General Business) Zoning District. The properties to the South and West are also located in the General Business District. The property to the North is zoned LB (Limited Business). The property borders the City of St. Anthony to the East, with both residential and commercial uses. The proposal to produce Daadhii falls under assembly, manufacturing, and /or production, and requires a Conditional Use Permit in the General Business Zoning District. COMPREHENSIVE PLAN The Comprehensive Plan guides this area for Commercial uses. The Zoning Code allows for assembly, manufacturing, and /or production as a conditional use on the subject property. Therefore, the proposed use of this property is consistent with the intent of the Comprehensive Plan. DESIGN GUIDELINES The subject property is not located in the Design Guidelines Overlay District. 21 P & Z Minutes Page 2 November 8, 2017 SITE PLAN The applicant submitted a Site Plan for the interior tenant space which describes the proposed location of the production equipment and supplies (mixing, fermentation and bottling), storage of the finished product, and delivery of supplies associated with the production of this product. FINDINGS OF FACT Section 9.104 (H) of the Zoning Ordinance outlines nine conditions that must be met in order for the City Council to grant a Conditional Use Permit. They are as follows: (a) The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. Assembly, manufacturing and /or processing are specifically listed as a Conditional Use in the GB, General Business Zoning District. (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan designates this area for Commercial use. The proposed use is commercial in nature. (c) The use will not impose hazards or disturbing influences on neighboring properties. According to the applicant, they anticipate producing approximately.four hundred, 750 ml. bottles of Daandii per month, and the finished product will only be sold to distributors. To ensure this, a condition has been added to the permit which prohibits any On /Off sale or sampling of the product on site. Due to the limited production, it is not anticipated that the use will impose any hazards or disturbing influences on neighboring properties. As indicated in the applicant's narrative, there will be a small amount of residue generated by the production of the Honey Wine, which can, and will be disposed of in the regular trash receptacles provided on site. A condition of approval has been added to include the requirement of a screened trash receptacle located behind the building. (d) The use will not substantially diminish the use of property in the immediate vicinity. Stafffeels that to the contrary, since the space will now be occupied, the subjeetproperty is less likely to experience theft and vandalism. Also, this particular commercial strip center has historically seen tenant spaces vacant for periods of time and this new business will likely help to bring additional commercial activity and vibrancy to the strip center (e) The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. Excluding tenant signage, there will be no physical changes to the appearance of the existing building to accommodate the Daandii wine processing facility. Plans to change the exterior signage will be reviewed administratively. The interior renovations proposed at this time are minimal including general cleaning, and painting. Any interior renovations that will require permits are to be submitted to the Building Inspection Department. Staff will work with the applicant throughout the process to ensure proper permitting is obtained. ►*•a P & Z Minutes Page 3 November 8, 2017 (f) The use and property upon which the use is located are adequately served by essential public facilities and services. This is correct. (g) Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on -site circulation of traffic. The site will continue to utilize the existing ingress /egress routes. The applicant is only anticipating two - three persons at a time would be on site, which should have a minimal impact on the parking lot and overall pedestrian and vehicular function. Deliveries of supplies will be made via the door located on the Northwest corner of the property, located in the back of the building (shown in Map E attached). A condition has been added restricting the delivery and /or distribution of product to the hours of 8: 00 a. in. to 8: 00 p. in. (Monday- Saturday), and 10: 00 a. in. to 6: 00 p.m. (Sunday). (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. There is no anticipated negative cumulative effect associated with the addition of the Daandii wine processing facility at the subject property. The proposed CUP would allow for the applicant to produce approximately 400 bottles a month, or approximately 31 barrels a year, or 961 gallons a year. Overall, staff believes that this amount of production will have a minimal impact on the other uses in the immediate vicinity. Staff has added 12 conditions to the permit to mitigate any potential impacts of the use. (i) The use complies with all other applicable regulations for the district in which it is located. This is correct. Staff recommends that the Planning and Zoning Commission recommend approval of the proposed Conditional Use Permit for the processing of Daandii (Honey Wine) at 2301 37`h Place NE., subject to certain conditions provided in the report. Questions from members: Hoium asked if the applicant intends on installing signage so it doesn't look like a vacant storefront. Hohnbeck stated they do intend to have signage that will be handled administratively by staff. The only time the Planning & Zoning Commission sees sign applications is if it is for LED Signs. Hoium then asked if they had to get licenses from other entities in order to open this type of business. Holmbeck said the applicant will need to check with the Met Council, the Dept of Agriculture, Dept of Health, and Anoka County to ensure all approvals are obtained which is noted in condition #2 of the approval motion. Novitsky asked if the applicant was aware if they ever expand their space that the need to install a sprinkler system in the entire building would be triggered. Holmbeck stated they are aware of that and it is noted in condition #5 of the approval motion. 23 P & Z Minutes Page 4 November 8, 2017 Szurek asked how much square footage they have in this space. Holmbeck said it is 1,500 sf. Szurek then asked where they get their honey from? Holmbeck said the applicant would have to answer this. Public Hearing Opened. The applicant told Szurek that they currently get their honey from stores, but as they expand production they are looking to find a local producer. Szurek told her she is a member of the Beekeeper's Assoc. and she will give her some contact information of people who produce honey in larger quantities that may be interested in being their supplier. Motion by Hoium, seconded by Fiorendino, to close the public hearing and waive the reading of Resolution 2017 -116, there being ample copies available to the public. A11 ayes. MOTION PASSED. Motion by Hoium, seconded by Fiorendino, that the Planning and Zoning Commission recommends the City Council approve Resolution No. 2017 -116, for a Conditional Use Permit for the processing of Daandii (Honey Wine) for the property located at 23013 7"' Place NE. (PIN 36- 30- 24 -44- 0012), 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, county and local codes shall be met and in full compliance. 2. The applicant must obtain necessary approvals from the Metropolitan Council (Sewer Accessibility Charge), the State of Minnesota Department of Agriculture and /or Minnesota Department of Health and /or Anoka County Health Department. The applicant will submit a copy of all necessary permits and allowances, prior to operation on the subject property. 3. All storage of waste material shall be located and screened in a manner consistent with the Zoning Ordinance. The applicant will submit a plan to the City Planner which shows how the trash receptacles will be screened. 4. The interior finish work is to be completed with review by the City's Building Official and if required, permits must be submitted to the Building Inspections Department. 5. If the tenant ever wishes to expand within the building, plans must be submitted to the Building Official for review and compliance with Building and Fire Code. Currently the applicant is proposing to occupy 1, 500 sq. ft. of space in the building (commercial strip center). Occupying over 2, 000 sq. ft. of space within the building would require afire suppression system to be installed in the entire building. 6. All signage is issued administratively. Any signage for the business must be submitted to the Community Development Department to be reviewed and approved by the City Planner. 7. All production operations shall be within a completely enclosed structure (within the tenant space as outlined on the attached site plan). 8. By-products and waste from the production of the wine shall be properly disposed in an enclosed container. 9. Trash andlor recycling collection areas shall be enclosed on at least three sides by an opaque screening wall or fence no less than six (6) feet in height. The open side of the enclosure shall not face any public street or the front yard of any adjacent property. 10. No retail sales or sampling of any alcoholic beverage shall take place on the premise (tenant space). 24 EDA Minutes Page 5 November 8, 2017 11. Deliveries shall be limited to occur between the hours of 8: 00 AM -8: 00 PM, Monday - Saturday, and 10: 00 AM -6: 00 PM on Sunday. 12. If the nature of the assembly, manufacturing, and /or processing use changes (currently wine production), the property owner shall apply to have the Conditional Use Permit amended. All ayes. MOTIONPASSED. The following Resolution will go to the City Council at the November 13, 2017 meeting. RESOLUTION NO. 2017 -116 A Resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Conditional Use Permit for assembly, manufacturing, and/or processing on the property located at 2301 37th Pl. NE, Columbia Heights, MN 55421. Whereas, a proposal (Case # 2017 -1101) has been submitted by Gammada Urgessa on behalf of Akaku's Brew to the City Council requesting a Conditional Use Permit from the City of Columbia Heights at the following site: ADDRESS: (PIN 36- 30- 24- 44- 0012), known as 2301 27th Pl. NE, Columbia Heights, MN 55421. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING: A Conditional Use Permit per Code Section 9.110 (E) (3) (1), to allow for assembly, manufacturing, and/or processing on the property located at 230127'11 Pl. NE., Columbia Heights, MN 55421. Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on November 8th, 2017; Whereas, the City Council has considered the advice and recommendations of the Planning and Zoning Commission regarding the effect of the proposed Conditional Use Permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; Now, therefore, be it resolved, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT Section 9.104 (H) of the Zoning Ordinance outlines nine conditions that must be met in order for the City Council to grant a Conditional Use Permit. They are as follows: (a) The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. (c) The use will not impose hazards or disturbing influences on neighboring properties. (d) The use will not substantially diminish the use of property in the immediate vicinity. (e) The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. 25 EDA Minutes Page 5 November 8, 2017 (g) Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on -site circulation of traffic. (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses is the immediate vicinity. (1) The use complies with all other applicable regulations for the district in which it is located. Further, be it resolved, that the attached plans, snaps, and other information shall become part of this Conditional Use Permit and approval; and in granting this Conditional Use Permit the City and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. The Conditional Use Pen-nit is subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: CONDITIONS 1. All required state, county and local codes shall be met and in full compliance. 2. The applicant must obtain necessary approvals from the Metropolitan Council (Sewer Accessibility Charge), the State of Minnesota Department of Agriculture and/or Minnesota Department of Health and/or Anoka County Health Department. The applicant will submit a copy of all necessary permits and allowances, prior to operation on the subject property. 3. All storage of waste material shall be located and screened in a manner consistent with the Zoning Ordinance. The applicant will submit a plan to the City Planner which shows how the trash receptacles will be screened. 4. The interior finish work is to be completed with review by the City's Building Official and if required, permits must be submitted to the Building Inspections Department. 5. If the tenant ever wishes to expand within the building, plans must be submitted to the Building Official for review and compliance with Building and Fire Code. Currently the applicant is proposing to occupy 1,500 sq. ft. of space in the building (commercial strip center). Occupying over 2,000 sq. ft. of space within the building would require a fire suppression system to be installed in the entire building. 6. All signage is issued adininistratively. Any signage for the business must be submitted to the Community Development Department to be reviewed and approved by the City Planner. 7. All production operations shall be within a completely enclosed structure (within the tenant space as outlined on the attached site plan). 8. By- products and waste from the production of the wine shall be properly disposed in an enclosed container. 9. Trash and/or recycling collection areas shall be enclosed on at least three sides by an opaque screening wall or fence no less than six (6) feet in height. The open side of the enclosure shall not face any public street or the front yard of any adjacent property. 10. No retail sales or sampling of any alcoholic beverage shall take place on the premise (tenant space). 11. Deliveries shall be limited to occur between the hours of 8:00 AM -8:00 PM, Monday- Saturday, and 10:00 AM- 6:00 PM on Sunday. 12. If the nature of the assembly, manufacturing, and/or processing use changes (currently wine production), the property owner shall apply to have the Conditional Use Permit amended. 26 P & Z Minutes Page 7 November 8, 2017 OTHER BUSINESS 1. Comprehensive Plan Update- Review of work in progress, presented by Mark Koegler, HKGI Mark Koegler from HKGI gave an update on the progress on the Comprehensive Plan Process. He showed them a timeline and said the committee of 15 members has been meeting every 6 weeks. He told members that Adam Schill is the representative from the Planning Commission. Koegler explained that they have been gathering information and feedback throughout the summer and compiling the data so that they can now start drafting a preliminary plan based on that feedback. He reviewed the meetings and activities that staff attended to gather this information. Koegler told members that 700 people also visited the Social Pinpoint On- line Survey to provide input. Koegler said people indicated they would like to see improvements to mobility such as sidewalks, paths, and gathering spots and to provide a greater variety of businesses. Of the things they like about Columbia Heights, most noted the Heights Theater /DQ and the number of parks. From the information gathered, the committee has focused on several intersections or areas of town they would like to see redeveloped in the future. He said one of the goals was to move people up and down Central Avenue safely and easily. He briefly reviewed the concepts for each of the 4 intersections. He said people can now comment on these concepts through Survey Monkey that is now on the City's website which will help the Committee focus on the goals for the fmal draft of the Comp Plan. 40th and Central Ave- Concept #1 is to redevelop as a mixed use commercial/residential building and to keep the transit hub. Concept #2 is to add retail up closer to Central Avenue and multi- family housing behind the retail off of 41St Avenue. Other comments centered around the need for a facelift for the old NE Business Center. Another component was to possibly find a name for this intersection that seems to be the hub of our City. Hoium asked how we push through a plan since Cities have limited resources and legal means to obtain properties for redevelopment. Koegler admitted it is challenging because it is market and developer driven. But developers will be more apt to bring a proposal to the City if they know it fits into the City's long tenn goal for that particular area. Koegler said the last Comp Plan targeted areas for redevelopment and some of those have been accomplished. He said he will try to incorporate implementation techniques with the ideas or goals decided by the City in this updated version. 491h and Central Ave- Central Ave goes fi-om an urban feel to a suburban feel as you move from 39th Ave to 694. He discussed 2 concepts for this corner which focused on the Savers Site. Szurek suggested listing all the concepts in the future plan in order to keep all options open. 27 P & Z Minutes Page 8 Nov 8, 2017 37`h Ave & University Ave- This is an area of hodge podge run down automotive and industrial uses that do not fit in with the redevelopment that has taken place across the highway. As it is also a major corridor running through our City, redevelopment of this area would improve the aesthetics greatly. Concept #1 would be a mix of retail and multi - family housing along 40`h with townhouses built to the south towards 37'h Ave. Concept #2 is a smaller area of redevelopment that would be strictly housing. And Concept #3 was to redevelop entirely as business use and to possibly use retired shipping containers that would be converted into buildings. Members were very excited about this possibility. They liked the creative concept and the idea of getting some jobs back here. They felt it would draw people to the area. 401h Avenue -City Hall Site -- 40'h Avenue is going to be re- designed and the streets will be narrowed with a possible median incorporating landscaping enhancements. As a result, Concept #1 would see City Hall moved elsewhere and Mill Street would be closed off. The site would then be redeveloped with townhouses and a retail space with a plaza area looking over the park. Concept #2 would be a mixed use development with retail on 40`h and townhouses along Mill St. Koegler said he will also add Concept #3 which is to rebuild City Hall on this site moving it closer to the park so that some retail and plaza area could be added along 40`h Ave. Koegler encouraged members to spread the word about Survey Monkey to their friends and family to get opinions on these concepts. He told members the next event staff will be attending is the Taste of Columbia Heights. He hopes to wrap up the Plan by May 2018. The meeting was adjourned at 8:00 pm. Respectfully submitted, Shelley Hanson Secretary 28 COLUMBIA HEIGHTS PUBLIC LIBRARY 3939 Central Ave NE, Columbia Heights, MN 55421 BOARD OF TRUSTEES: MEETING MINUTES Wednesday, November V, 2017 Approved 12/6/2017 The meeting was called to order in the History Room by Chair, Patricia Sowada, at 5:35pm. Members present: Patricia Sowada, Catherine Vesley, Stephen Smith, Tricia Conway; and Council Liaison, Robert "Bobby" Williams. Also present: Library Director, Renee Dougherty; Recording Secretary, Nick Olberding. • The Minutes of the October 4th, 2017 Board Meeting were approved. • The Bill List dated October 4th, 2017 was reviewed. It was moved, seconded, and passed that the bills be paid. • The Bill List dated October 18th, 2017 was reviewed. It was moved, seconded, and passed that the bills be paid. • The Accounting Sheet as of October was reviewed, and approved. • Questions and discussions from Bills and Accounting: • Magazine Renewals: Pleased to see how many magazines we have subscriptions to, especially ones like "Dogster" and "Catster" (previously Cat Fancy). • Book Replacement Fee: In addition to the price of the item ... $5.00 for books, $7.50 for media (to cover the labor costs of replacing items). Magazines are a flat rate of $6.00, unless the list price is higher. • Budget: With 2.5 months left we are at 70% of the year's budget, in good standing. • LED Lights: Lighting is a work in progress. Still under warranty, and Eric is monitoring them as they burn out. • Arabic Books: Would like to see more Arabic language books in the collection, like HCL Central. Mohamed Idris, Executive Director of ARAHA, was mentioned as a good resource in building the collection and putting together reading lists. • Entry doors: Who is responsible for making sure the doors lock at the end of afterhours bookings in Community Room. The doors lock on their own, but the group is responsible for clearing everyone out, and making sure the doors close behind them. The security system should trip if there is activity when there shouldn't be. Old Business: Discussion of Public Art Committee: The city's Public Art Committee dissolved years ago, as it was mostly volunteers. The Library's Public Art Committee will only be for art in the library, and we plan on releasing the member application at the opening of the Manhattan Project opening. Tricia and Catherine put together the content based on the Columbia Heights Commission Application and applications from other Art Committees. If recruiting applicants at the opening, and within the library we will advertise through various methods, including: Facebook, City webpage, local newspapers, and cable channel. • A motion was made to approve the Columbia Heights Library Public Art Committee Application (based on content, pending formatting): Pat Sowada moved the motion, and Stephen Smith seconded the motion... Approved. • Manhattan Project opening is scheduled for this Friday, and will feature two musicians, hors d'oeuvres, and non - alcoholic beverages. The exhibition will be "open house" style through mid - December. On November 13th, the artists will field questions and comments at a program beginning at 6:30pm. New Business: • Library Holiday /Closed Days for 2018: There are no additional days, just changes to the days in which holidays fall. They are as follows: January 1 (New Year's), January 15 (Martin Luther King Day), February 19 (President's Day), March 30 (City Holiday), May 3 (Staff Training Day), May 26/28 (Memorial Weekend), July 4 (Independence Day), September 1/3 (Labor Day), November 12 (Veteran's Day), November 22/23 (Thanksgiving), December 24/25 (Christmas), January 1 (New Year's 2019). Motioned for approval by Stephen Smith, and seconded by Catherine Vesley ... Approved. CHPL 901h Anniversary 2018: The Columbia Heights Public Library opened its doors for the first time on December 3, 1928. The discussion this evening was filled with ideas for possible events, in addition to creating a banner outside to recognize the anniversary. Possibilities include: • Historian Program with guest speaker (maybe Lotus Hubbard or Sarah Givens from the Anoka County Historical Society) to highlight the history of the library. • Float in the Jamboree Parade. Bobby Williams could lend a trailer to build the float in honor of the anniversary. Those involved could be Friends of the Library, Foundation, Staff, and Volunteers. • Celebration on December 3rd with cake, ice cream, music, and red wagons. Possibly holiday themed with a folk art tree decorated with library related ornaments. Catering by Community Ground Coffee Shop. • Proclamation by the Mayor • Installation of the electronic sign at library entrance. Bobby Williams will speak to Kevin Hansen about the status of the project. Items from the Floor: Upstream Mississippi Tea Party: Is happening November 8th, and is hosted by artist Anna Metcalfe. The participants will enjoy tea from a handmade cup which may be taken as a souvenir. Stories of life along the Mississippi River will be shared, and will inspire designs for teacups for future tea parties. Space is limited, but not quite filled. David Larsen, Barb Miller, and Julienne Wyckoff should receive invitations. CHPL Fines & Fees Schedule: An overview of everything we charge for was made available for the Library Board to review. The board did not object to any of them, but it was mentioned that next year we should revisit the hourly price of afterhours rental of the Community Room (currently set at $25 /hour). Tricia motioned to approve the fee schedule, Stephen Smith /Catherine Vesley seconded... Approved. There being no further business, the meeting was adjourned at 6:28pm by Patricia Sowada, and seconded. Respectfully submitted, 4 Nicholas P. Olberding Recording Secretary, Library Board of Trustees The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights services, programs, and activities. 30 ECONOMIC DEVELOPMENT AUTHORITY (EDA) MINUTES OF THE MEETING OF NOVEMBER 6, 2017 The meeting was called to order at 6:30 pm by President Marlaine Szurek. Members Present: Murzyn, Schmitt, Buesgens, Szurek, and Novitsky (arrived 6:40 pm) Members Absent: Herringer and Williams Staff Present: Walt Fehst, Keith Dahl, JosephHogeboom, and Shelley Hanson PLEDGE OF ALLEGIANCE - RECITED CONSENT AGENDA 1. Approve minutes of October 9, 2017 2. Approve Financial Report & Payment of Bills for September, 2017— Resolution 2017 -30 Questions from members: Schmitt questioned the income listed on page 24 of the report which indicated an internal transfer of $12,817 from another account. Buesgens questioned the amount of $7,985 listed on page 34 of the report. Dahl said he would look into these items and get back to the members with the details. Later, staff informed members that the amount of $12,817.82 was a reclassification of revenue funds from the sale of the old Library that was posted in January 2017. This was a YTD figure. The expenditure amount of $7,985.50 was for groundwater monitoring expenses in Huset Park and the review done by the MPCA to release the City from the responsibility of remediation. Motion by Schmitt, seconded by Murzyn, to approve the Minutes of October 9, 2017, and the Financial Report and Payment of Bills for September, 2017 as presented. All ayes. MOTION PASSED. RESOLUTION NO. 2017-30 A Resolution of the Economic Development Authority of Columbia Heights, Minnesota, Approving the Financial Statements for Month of September 2017 and the Payment of the Bills for the Month of September, 2017. WHEREAS, the Columbia Heights Economic Development Authority (FDA) is required by Minnesota Statutes Section 469.096, Subd. 9, to prepare a detailed financial statement which shows all receipts and disbursements, their nature, the money on hand, the purposes to which the money on hand is to be applied, the FDA's credits and assets and its outstanding liabilities; and 31 EDA Minutes Page 2 November 6, 2017 WHEREAS, said Statute also requires the EDA to examine the statement and treasurer's vouchers or bills and if correct, to approve them by resolution and enter the resolution in its records; and WHEREAS, the financial statement for the month of September 2017 has been reviewed by the EDA Commission; and WHEREAS, the EDA has examined the financial statements and finds them to be acceptable as to both form and accuracy; and WHEREAS, the EDA Commission has other means to verify the intent of Section 469.096, Subd. 9, including but not limited to Comprehensive Annual Financial Reports, Annual City approved Budgets, Audits and similar documentation; and WHEREAS, financials statements are held by the City's Finance Department in a method outlined by the State of Minnesota's Records Retention Schedule, NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of the Columbia Heights Economic Development Authority that it has examined the referenced financial statements including the check history, and they are found to be correct, as to form and content; and BE IT FURTHER RESOLVED the financial statements are acknowledged and received and the check history as presented in writing is approved for payment out of proper funds; and BE IT FURTHER RESOLVED this resolution is made a part of the permanent records of the Columbia Heights Economic Development Authority. AUTHORITY Passed this 6th Offered by: Seconded by Roll Call: BUSINESS ITEMS ORDER OF ECONOMIC DEVELOPMENT day of November Schmitt Murzyn All ayes 2017 1. Single Family Home Program- Approve Concept Application for 4641 Tyler St NE Dahl told the Columbia Heights Economic Development Authority (the "EDA ") that staff has received a concept application from Tollberg Homes, a licensed home builder in the State of Minnesota offering $22,500 for the construction of a single family home located at 4641 Tyler Street NE (the "Subject Property "), a property located within the Heritage Heights neighborhood. The Subject Property is part of the Single Family Home Lot Sales Program (the "Program "), which was established in 2015 to stabilize and increase property values throughout the 32 EDA Minutes Page 3 November 6, 2017 City of Columbia Heights (the "City "), but more specifically within the Heritage Heights Neighborhood. Lot prices for every property within the Program are based upon the most recent Estimated Market Land Value assessed by Anoka County. However, the EDA has reserved the right to review and adjust lot prices periodically provided that sufficient evidence supports the price reduction of the lot. The Subject Property was assessed by Anoka County to have a 2018 estimated market land value of $38,600. However, after staff reached out to various local real estate agents, it was determine that the market value of the Subject Property still remains lower than the estimated market land value, but it has drastically increased since the construction of several new single family homes in the Heritage Heights Neighborhood. Therefore, staff estimates that the Subject Property would have a market value between $4.00 to $4.50 per square foot or approximately $29,620 to $33,320 based on the square footage of the lot. Earlier this year, the Public Works Department confirmed that there was a water main break at the Subject Property. This resulted in the sewer and water lines being disconnected at the main underneath the public right -of -way in the street. In order for a single - family home to be constructed on the Subject Property, sewer and water connection to the main will be required, and it will cost approximately $4,000. Thus, based on the market value of the Subject Property and the additional costs that will be incurred to connect sewer and water lines, staff estimates that a reasonable offer price for this particular property would be between $25,620 and $29,320. STAFF RECOMMENDATION: Staff recommends approval of the concept application submitted by Tollberg Homes only if the offer price, at a minimum, is increased to $27,500. Ouestions from Members: Dahl told members this home would be similar to the one next door that was just finished by Tollberg at 4647 Tyler Street. Szurek asked why the plan didn't show a front porch. Dahl said the action tonight is to approve the concept plan only. The final plan and approval of the sale would be considered at the next meeting. He told members they could deny the plan and ask for a new one or they could approve the concept and ask them to include a porch on the final plan they submit next month. Schmitt stated that she thought they had decided at the last meeting that they preferred other designs rather than the split entry depicted on this concept plan and that they wanted front porches added to any new proposals. Fehst said the EDA decided that the two specific properties that were discussed at the last meeting should be something other than a split entry design. He said it was not decided that split entries could never be built. He said some people still prefer that type of design and we need to consider what fits into the existing neighborhood. Dahl said the EDA has the right to deny the concept plan, but this style was chosen as it meets the other requirements established by the EDA. Buesgens said this style house is a good house for small lots and for families as it allows for four bedroom construction. Schmitt thought we should make a counter offer to the price and ask them to come back with two alternative plans for the EDA to consider. Murzyn asked if they had an interested buyer for the home. Dahl said they did, friends of the people who just purchased the new home next door. Murzyn said the potential buyer may have a preference for a split entry design and if it meets the rest of the requirements established by the EDA then we shouldn't necessarily dictate a certain style. 33 EDA Minutes Page 4 November 6, 2017 Hogeboom agreed that we should see what the preference of the interested buyer is and that we should consider the topography of the site, since this lot is hilly and what will fit in with the rest of the neighborhood. Szurek stated that it would be nice to have a variety of home designs within the neighborhood so they don't all look the same. Motion by Buesgens, seconded by Murzyn, to table the concept application as submitted by Tollberg Homes for the property located at 4641 Tyler Street NE, Columbia Heights, MN 55421 and to counter -offer a price of no less than $27,500. All ayes. MOTIONPASSED. 2. Single Family Home Program- Approve House Plan for 4201 Jefferson St NE On October 9, 2017, the Columbia Heights Economic Development Authority (the "EDA ") approved the concept application submitted by Home Detail, Inc. for the construction of a single family home on the property located at 4201 Jefferson Street NE (the "Subject Property "). At that time, the EDA authorized staff to work with Home Detail to determine specific house plans and to prepare a Purchased and Redevelopment Agreement for consideration at the next EDA meeting on November 6, 2017. Unfortunately, staff continues to work with Home Detail to develop specific house plans that conform to all proposal guidelines outlined in the Single Family Home Lot Sales Program (the "Program "), specifically the section pertaining to building standards. Therefore, at the request of Home Detail, staff agreed to present the draft house plans to the EDA for review tonight, and delay the final sale consideration until which time specific house plans are finalized. Attached for review by commission members of the EDA are the draft house plans for the Subject Property, as well as the proposal guidelines of the Program itself. Based on the draft house plans submitted by Home Detail and pursuant to Subsection (f), (g) and (h), Section 5: Building Standards of the Proposal Guidelines, staff recommends that the garage should be rear - loaded, and a front porch extend the full width of the single - family home. An alternative would be to have a garage on the side of the home with a driveway off 42"d Avenue. Public Works would prefer either of these two options to the garage being off Jefferson as shown on the plans submitted. Questions from members: Jeff Magdik was present. To support his reason for submitting a plan with a front garage, he passed out a survey indicating the number of homes that have front driveways off Jefferson and also those on Madison and Washington. He stated that a garage in the backyard would take up too much yard space and the topography makes this a difficult option on this lot. The buyers want to have a walkout basement that will be finished off for additional bedrooms and they do not want a garage on the alley. He said if the EDA enforces a rear garage than his buyers will walk on this house. There was a discussion on the options the builder has, but the consensus was the EDA does not want a garage in the front. Novitsky said if the EDA has decided that the garage cannot be placed in the front, then it's up to the builder to bring back plans that will meet our requirements. It is not the job of the EDA to help him design something that may work. 34 EDA Minutes Page 5 November 6, 2017 Motion by Novitsky, seconded by Murzyn, to deny the design showing the garage on the front and to have the builder bring back plans with the garage located off 42nd Ave or in the rear before a Purchase and Redevelopment Agreement will be recommended at the next available EDA meeting on December 4, 2017. All ayes. MOTION PASSED. 3. Single Family Home Program- Approve House Plan for 4641 Polk St NE On October 9, 2017, the Columbia Heights Economic Development Authority (the "EDA ") approved the concept application submitted by Home Detail, Inc. for the construction of a single family home on the property located at 4641 Polk Street NE (the "Subject Property "). At that time, the EDA authorized staff to work with Home Detail to determine specific house plans and to prepare a Purchased and Redevelopment Agreement for consideration at the next EDA meeting on November 6, 2017. Unfortunately, staff continues to work with Home Detail to develop specific house plans that conform to all proposal guidelines outlined in the Single Family Home Lot Sales Program (the "Program "), specifically the section pertaining to building standards. Therefore, at the request of Home Detail, staff agreed to present the draft house plans to the EDA for review tonight, and delay the final sale consideration until which time specific house plans are finalized. Attached for review by commission members of the EDA are the draft house plans for the Subject Property, as well as the proposal guidelines of the Program itself. Based on the draft house plans submitted by Home Detail; and pursuant to Subsection (g) and (h), Section 5: Building Standards of the Proposal Guidelines, staff recommends that a front porch should extend the full width of the single - family home. uestions from members: Magdik stated he has a buyer for this home also. He told members that all 3 levels would be finished. He said the original plan had a porch across the entire front of the house but it was downsized since the basement window in front will be an egress window for a bedroom and the buyer doesn't want to cover it up and have it under a deck. Magdik defended his plan by saying that the guidelines were changed and that homes that have been built by Tollberg prior to that change have had smaller porch areas. Magdik was asked if the egress window could be relocated to the side of the house. He said he could possibly re- design it but the topography of the lot allows for a larger window if located in the front. Murzyn asked him if he tells his potential buyers what our requirements are and that they may not get certain things they want approved. He said he does share the information with them and tries to come up with a design to accommodate all parties. Schmitt suggested he could increase the size of the front porch by removing the accent window on the left and to add more porch area to the right also, and it would meet the minimum requirement. Motion by Buesgens, seconded by Novitsky, to authorize staff to continue working with Home Detail to determine specific house plans showing a change to increase the porch size to 11 foot minimum width for the front entry and to prepare a Purchase and Redevelopment Agreement for consideration at the next available EDA meeting on December 4, 2017. All ayes. MOTIONPASSED. 35 EDA Minutes Page 6 November 6, 2017 Consideration of 3841 Central Avenue Relocation On September 5, 2017, the Columbia Height Economic Development Authority (the "EDA ") authorized staff to work with the Greater Metropolitan Housing Corporation (the "GMHC ") to determine the feasibility of relocating the residential structure of 3841 Central Avenue NE, Columbia Heights, MN 55421 (the "Residential Structure ") to the vacant lot owned by GMHC located at 3805 2nd Street NE, Columbia Heights, MN 55421 (the "Subject Property "). As previously indicated by the City Building Official, when a structure is relocated on to a different property, the Minnesota State Building Code (the "Building Code ") requires that any structural non - conformity be corrected to comply with the standards of the Building Code, specifically Fuel Gas Code, Mechanical Code, Plumbing Code, Energy Conservation Code, Residential Code, and Electrical Code. Therefore, on September 20, 2017, staff and representatives from GMHC inspected the Subject Property to determine the non - conformities present in the Residential Structure. After- the initial walkthrough, the City Building Official prepared a detailed report explaining the applicable provisions of the Building Code that would be enforced if the Residential Structure is relocated to the Subject Property, and provided said report to the GMHC for them to prepare a Pro Forma. The following table breaks down the Pro Forma in order for the GMHC to relocate the Residential Structure onto the Subject Property. PROJECT EXPENSES COST I. Property Acquisition $ 1.00 II. House Relocation $ 30,000.00 111. Auxiliary Costs of Utility Work $ 40,000.00 IV. Demolition /Removal $ 16,000.00 V. House Rehab /Renovation $ 55,000.00 VI. Tree Removal $ 3,500.00 VII. New Foundation $ 50,000.00 VIII. Double Stall Garage /Driveway $ 25,000.00 IX. Landscaping /Flatwork $ 4,500.00 X. Sewer & Water $ 8,500.00 XI. Soft Costs (Plans, Testing, Survey, etc.) $ 4,500.00 XII. Closing Costs (Realtor Fee, Appraisal, Tax, etc.) $ 47,453.00 XIII. Holding Costs (Utilities, Insurance, Interest, etc.) $ 15,991.00 XIV. Contingency $ 7,000.00 TOTAL EXPENSES FUNDS: PROJECTED RESALE PRICE: GROSS PROFIT (LOSS): $ 307,445.00 $ 250,000.00 $ (57,445.00) 36 EDA Minutes Page 7 November 6, 2017 Based on the table above, the GMHC projects a loss of profit in the amount of $57,445.00, and have therefore requested that on top of the EDA selling the Residential Structure to them for one dollar ($1.00), they would like the EDA to also consider providing gap funding in the amount of $60,000.00. STAFF RECOMMENDATION: Staff recommends offering the residential structure located at 3841 Central Avenue NE to the Greater Metropolitan Housing Corporation for one dollar ($1.00); however, staff does not recommend offering gap funding to the Greater Metropolitan Housing Corporation. Questions from members: Schmitt asked what we have spent on this so far. Dahl stated $200,000. She said she is not in favor of spending anymore. Schmitt then asked how much it would be to demo the property. Dahl said approximately $25,000. Dahl said if GMHC doesn't want it for $1 then we could possibly offer it to someone else on the open market for them to move. He said another option would be to move it to 666 40'�' Ave which would cost less due to the closer proximity, or to sell that lot to someone interested in moving the house onto it. Motion by Schmitt, seconded by Murzyn, to offer the residential structure located at 3841 Central Avenue NE to the Greater Metropolitan Housing Corporation for one dollar ($1.00), and if accepted, authorize staff to prepare a Bill of Sale, Wavier of Trespass, and Wavier of Liability for consideration at the next EDA meeting on December 4, 2017. All ayes. MOTION PASSED. OTHER BUSINESS No other new business. The meeting was adjourned at 7:50 pm. Respectfully submitted, Shelley Hanson Secretary 37 ECONOMIC DEVELOPMENT AUTHORITY (EDA) MINUTES OF THE SPECIAL MEETING OF NOVEMBER 27, 2017 The meeting was called to order at 6:30 pm by President Marlaine Szurek. Members Present: Murzyn, Schmitt, Buesgens, Szurek, Herringer, Williams, and Novitsky Staff Present: Walt Fehst, Keith Dahl, and Shelley Hanson Also present: Owen Metz from Columbia Heights Leased Housing Assoc. III LLC and Martha Ingram -Legal Counsel from Kennedy & Graven PLEDGE OF ALLEGIANCE - RECITED BUSINESS ITEMS 1. Approval Consideration of First Amendment to the Contract for Private Redevelopment - Resolution 2017 -33 Dahl explained that on July 10, 2017, the Columbia Heights Economic Development Authority (the "EDA "), as well as the City Council (the "Council ") of the City of Columbia Heights (the "City ") approved the establishment of the 47th and Grand tax increment financing (commonly referred to as "TIF ") district, and adopted the TIF plan for said TIF district. Therefore, pursuant to State Statute, Sections 469.174 to 469.1794 the EDA was authorized to undertake and provide TIF assistance to facilitate redevelopment within the 47th and Grand TIF district. On August 7, 2017, the EDA approved Resolution 2017 -23, a resolution which approved a Contract for Private Redevelopment by and between the Columbia Heights Leased Housing Associates III, LLLP (the "Developer ") and awarded the sale of, and provided the form, terms, covenants and directions for the issuance of its TIF revenue note (the "TIF Assistance ") in the amount of $1,482,000 projected over 12 years. This amount of TIF Assistance was originally found to be necessary for the proposed development of a 173 unit multi - family, workface housing project (the "Proposed Development ") on the corner of 47th and Grand Avenue NE. However, since the original approval of the TIF Assistance for the Proposed Development, the Developer has reduced the amount of units in the Proposed Development from 173 units to 148 units. Therefore, because the unit reduction constitutes a substance alteration of the Contract for Private Redevelopment, the EDA has the legal right to reevaluate the amount of TIF Assistance provided to the Developer for the Proposed Development. And, based on analyses conducted by Ehlers, TIF Assistance in the amount of $1,170,000 over 12 years would be substantially sufficient for the Proposed Development to become financially feasible. Attached for consideration is the proposed First Amendment to the Contract for Private Redevelopment in which TIF Assistance for the Proposed Development has been reduced. Again, this agreement constitutes a financial obligation of the EDA to reimburse the Developer for a portion of qualified costs related to land acquisition, soil correction, site preparation, and public improvements for the Proposed Development. Staff recommends approval of Resolution 2017 -33 as presented. 38 EDA Special Meeting Page 2 Nov 27, 2017 Questions from members: Williams questioned whether this would reduce the amount we receive through the TIF process. Ingram said this contract has nothing to do with the bonds or revenue specifics received by the City. That issue will go to the City Council later tonight. Motion by Williams, seconded by Schmitt, to waive the reading of Resolution 2017 -33, there bei71g ample copies available to the public. All ayes. MOTIONPASSED. Motion by Williams, seconded by Schmitt, to adopt Resolution 2017 -33, a resolution approving a First Amendment to the Contract for Private Redevelopment between the Columbia Heights Economic Development Authority and Columbia Heights Leased Housing Associates III, LLLP. All ayes. MOTIONPASSED. EDA RESOLUTION NO. 2017-33 RESOLUTION APPROVING A FIRST AMENDMENT TO CONTRACT FOR PRIVATE REDEVELOPMENT BETWEEN THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY AND COLUMBIA HEIGHTS LEASED HOUSING ASSOCIATES III, LLLP BE IT RESOLVED BY the Board of Commissioners (the "Board ") of the Columbia Heights Economic Development Authority (the "Authority ") as follows: Section 1. Recitals. 1.01. Pursuant to their authority under Minnesota Statutes, Sections 469.090 to 469.1082 and 469.174 to 469.1794, as amended, the Authority and the City of Columbia Heights (the "City ") established the 47`x' and Grand Tax Increment Financing District within the Downtown CBD Redevelopment Project (the "Project "), for the purpose of facilitating the redevelopment of certain substandard property within the Project. 1.02. the Authority and Columbia Heights Leased Housing Associates III, LLLP (the "Redeveloper ") entered into that certain Contract for Private Redevelopment dated as of August 7, 2017 (the "Contract "), providing, among other things, for the construction by the Redeveloper of certain improvements (the "Minimum Improvements ") on the property legally described within the Contract (the "Redevelopment Property"). 1.03. Based on a decrease in size and number of units of the Minimum Improvements, the parties have negotiated and propose to execute a First Amendment to the Contract (the "First Amendment') to revise the definition of "Minimum Improvements" and to provide revised terms of the Note and revised Minimum Market Values of the Minimum Improvements resulting from said decrease in scope. Section 2. First Amendment Approved. 2.01. The First Amendment as presented to the Board is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the President and Executive Director, provided that execution of the First Amendment by such officials shall be conclusive evidence of approval. 39 EDA Special Meeting Page 3 Nov 27, 2017 2.02. The President and Executive Director are hereby authorized to execute on behalf of the Authority the First Amendment and any documents referenced therein requiring execution by the Authority, including without limitation the Assessment Agreement, and to carry out, on behalf of the Authority, its obligations thereunder. 2.03. Authority staff and consultants are authorized to take any actions necessary to carry out the intent of this resolution. Adopted by the Board of Commissioners of the Columbia Heights Economic Development Authority this 27 "' day of November, 2017. President ATTEST: Secretary SEE APPENDIX A- ASSESSMENT AGREEMENT -AT END OF MINUTES 2. Approval Consideration of Collateral Assignment of Tax Increment Financing Revenue Note - Resolution 2017 -34 Dahl told members that the Columbia Heights Economic Development Authority (the "EDA ") has been requested by the Columbia Heights Leased Housing Associates III, LLLP (referred to as "Dominium ") and the CitiBank, N.A. (the "Lender ") to approve a Collateral Assignment of its Tax Increment Revenue Note, Series 2017 (the "TIF Note ") in connection to the Grand Central Flats Project located on the corner of 47th and Grand Avenue NE. Dominium and the Lender have agreed to enter into a Construction Loan Agreement to finance part of the acquisition and construction costs related to the Grand Central Flats Project. The Lender has requested that Dominium provide collateral for the Construction Loan Agreement, Therefore, Dominium has offered the TIF Note as collateral for the Construction Loan Agreement. However, in order for the Lender to accept the TIF Note as collateral, the EDA is required to approve the Collateral Assignment and agree to certain other matters fully contained within the attached Collateral Assignment of Interest in Payments under Tax Increment Revenue Note pursuant to the Contract for Private Redevelopment by and between the EDA and Dominium (the "TIF Agreement "), but also the First Amendment to the TIF Agreement as well. Please note: The Collateral Assignment of the TIF Note is merely an assurance to the Lender that if Dominium defaults on the Construction Loan Agreement, the Lender would legally be able to collect the rents and the tax increment payments under the TIF Note. Furthermore, in the event that Dominium would default on the Construction Loan Agreement, the EDA would not be obligated to pay the Lender more than what is collected through tax increment. Staff recommends approval of Resolution 2017 -34 as presented. 40 EDA Special Meeting Page 4 Nov 27, 2017 Questions from members: Schmitt questioned how those payments would be made. Ingram told members that if Dominium defaults on the loan during construction then the bank would be entitled to receive the payments directly. Motion by Buesgens, seconded by Williams, to waive the reading of Resolution 2017 -34, there being ample copies available to the public. All ayes. MOTIONPASSED. Motion by Buesgens, seconded by Novitsky, to adopt Resolution 2017 -34, a resolution approving a Collateral Assignment of interest in payments under Tax Increment Revenue Note, between Columbia Heights Leased Housing Associates III, LLLP and CitiBank, N.A. All ayes. MOTIONPASSED. COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. 2017-34 RESOLUTION APPROVING A COLLATERAL ASSIGNMENT OF INTEREST IN PAYMENTS UNDER TAX INCREMENT REVENUE NOTE, BETWEEN COLUMBIA HEIGHTS LEASED HOUSING ASSOCIATES III, LLLP AND CITIBANK, N.A. BE IT RESOLVED By the Board of Commissioners ( "Board ") of the Columbia Heights Economic Development Authority ( "Authority ") as follows: Section 1. Recitals. 1.01. Pursuant to their authority under Minnesota Statutes, Sections 469.090 to 469.1081 and 469.174 to 469.1794, as amended, the Authority and the City of Columbia Heights (the "City ") established the 47"' and Grand Tax Increment Financing District within the Downtown CBD Redevelopment Project (the "Project "), for the purpose of facilitating the redevelopment of certain substandard property within the Project. 1.02. the Authority and Columbia Heights Leased Housing Associates III, LLLP (the "Redeveloper ") entered into that certain Contract for Private Redevelopment dated as of August 7, 2017, as amended (the "Contract "), providing, among other things, for the construction by the Redeveloper of certain improvements (the "Minimum Improvements ") on the property legally described within the Contract (the "Redevelopment Property "). 1.03. Pursuant to the terms of the Contract, the Authority will issue its Tax Increment Revenue Note, Series 2017 (the "TIF Note ") to the Redeveloper on the date of Redeveloper's closing on its construction financing for construction of the Minimum Improvements, which will include execution by the Redeveloper of certain loan documents with Citibank, N.A. as lender (the "Lender "). 1.04. The Redeveloper has requested that the Authority consent to the terms of a collateral assignment of payments under the TIF Note to the Lender, as memorialized in a Collateral Assignment of Interest in Payments under Tax Increment Revenue Note between the Redeveloper and the Lender (the "Assigmnent "), in substantially the form presented to the Authority. 1.05. Pursuant to the Contract, the Redeveloper must seek approval from the Authority prior to making any assignment of the Contract or Note. 41 EDA Special Meeting Page 5 November 27, 2017 1.06. The Board has reviewed the Assignment and finds that the approval and execution of the Authority's consent thereto are in the best interest of the City and its residents. Section 2. Authority Approval; Other Proceedings. 2.01. The Assignment, including the consent of the Authority related thereto, as presented to the Board is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the President and Executive Director, provided that execution of the consent to the Assignment by such officials shall be conclusive evidence of approval. 2.02. The President and Executive Director are hereby authorized to execute on behalf of the Authority the consent attached to the Assignment and any other documents requiring execution by the Authority in order to carry out the transaction described in the Assignment. 2.03. Authority staff and consultants are authorized to take any actions necessary to carry out the intent of this resolution. Adopted by the Board of Commissioners of the Columbia Heights Economic Development Authority this 27`1' day of November, 2017. OTHER BUSINESS Dahl informed members that water piping had frozen and broke at the property located at 3841 Central Ave which resulted in about 3 -4 inches of water in the lower level with damage done on the upper two levels as well. Staff said at this point it is probably easier to auction off what can be salvaged from the home and then have it demolished than to try and move the structure to another location. Members tended to agree. Szurek asked about any further updates regarding the HyVee construction timeline. Dahl said they have to start construction by June 2018 according to the Site Plan and TIF approvals. He noted that the Meineke lease is up at the end of December and that it will not be renewed at the 4300 Central Ave site. Herringer said the developer who owned the north parcel of the 47th and Central Ave site has sold that piece to HyVee so that they now own both of the parcels at the corner. The meeting was adjourned at 6:50 pm. Respectfully submitted, Shelley Hanson Secretary 42 APPENDIX A ASSESSMENT AGREEMENT and ASSESSOR'S CERTIFICATION By and Between COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY and COLUMBIA HEIGHTS LEASED HOUSING ASSOCIATES III, LLLP This Document was drafted by: KENNEDY & GRAVEN, Chartered 470 U.S. Bank Plaza Minneapolis, Minnesota 55402 43 ASSESSMENT AGREEMENT THIS AGREEMENT, made on or as of the , 2017 by and between the Columbia Heights Economic Development Authority, a public body corporate and politic (the "Authority ") and Columbia Heights Leased Housing Associates III, LLLP, a Minnesota limited liability limited partnership (the "Redeveloper "). WITNES SETH, that WHEREAS, on or before the date hereof the Authority and Redeveloper have entered into a Contract for Private Redevelopment dated August 7, 2017, as amended by a First Amendment thereto dated as of November 6, 2017 (as so amended, the "Redevelopment Contract "), pursuant to which the Authority is to facilitate development of certain property in the City of Columbia Heights hereinafter referred to as the "Property' and legally described in Exhibit A hereto; and WHEREAS, pursuant to the Redevelopment Contract the Redeveloper is obligated to construct certain improvements (the "Minimum Improvements ") upon the Property; and WHEREAS, the Authority and Redeveloper desire to establish a minimum market value for the Property and the Minimum Improvements to be constructed thereon, pursuant to Minnesota Statutes, Section 469.177, Subdivision 8; and WHEREAS, the Authority and the Anoka County Assessor (the "Assessor ") have reviewed the preliminary plans and specifications for the improvements and have inspected such improvements; NOW, THEREFORE, the parties to this Agreement, in consideration of the promises, covenants and agreements made by each to the other, do hereby agree as follows: 1. The minimum market value which shall be assessed for ad valorem tax purposes for the Property described in Exhibit A, together with the Minimum hnprovements constructed thereon, shall be $11,544,000 as of January 2, 2019, and $17,760,000 as of January 2, 2020 notwithstanding the progress of construction by such date, and as of each January 2 thereafter until termination of this Agreement under Section 2 hereof. 2. The minimum market value herein established shall be of no further force and effect and this Agreement shall terminate on the Tennination Date, as defined in the Redevelopment Contract. The event referred to in Section 2 of this Agreement shall be evidenced by a certificate or affidavit executed by the Authority. 3. This Agreement shall be promptly recorded by the Authority. The Redeveloper shall pay all costs of recording. 4. Neither the preambles nor provisions of this Agreement are intended to, nor shall they be construed as, modifying the terns of the Redevelopment Contract between the Authority and the Redeveloper. 5. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties. 6. Each of the parties has authority to enter into this Agreement and to take all actions required of it, and has taken all actions necessary to authorize the execution and delivery of this Agreement. 7. In the event any provision of this Agreement shall be held invalid and unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 8. The parties hereto agree that they will, from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such supplements, amendments and modifications hereto, and such further instruments as may reasonably be required for correcting any inadequate, or incorrect, or amended description of the Property or the Minimum Improvements or for carrying out the expressed intention of this Agreement, including, without limitation, any further instruments required to delete from the description of the Property such part or parts as may be included within a separate assessment agreement. 44 9. Except as provided in Section 8 of this Agreement, this Agreement may not be amended nor any of its terms modified except by a writing authorized and executed by all parties hereto. 10. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 11. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY By Its President By Its Executive Director STATE OF MINNESOTA ) SS. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of , 2017 by Marlaine Szurek and Walter R. Fehst, the President and Executive Director of the Columbia Heights Economic Development Authority, on behalf of the Authority. Notary Public 45 COLUMBIA HEIGHTS LEASED HOUSING ASSOCIATES III, LLLP, a Minnesota Limited Liability Limited Partnership By: Columbia Heights Leased Housing Associates III, LLC Its General Partner as STATE OF MINNESOTA ) SS. COUNTY OF ) Owen Metz Its Authorized Representative The foregoing instrument was acknowledged before me this day of , 2017 by Owen Metz, the Authorized Representative of Columbia Heights Leased Housing Associates III, LLC, a Minnesota limited liability company, the General Partner of Columbia Heights Leased Housing Associates III, LLLP, a Minnesota limited liability limited partnership, on behalf of the partnership. Notary Public 46 CERTIFICATION BY COUNTY ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the above described property, hereby certifies that the values assigned to the land and improvements are reasonable. Anoka County Assessor STATE OF MINNESOTA ) ) ss COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of 2017, by , the Assessor of Anoka County. Notary Public 47 EXHIBIT A of ASSESSMENT AGREEMENT Legal Description of Property Lots 1 and 2, Block 1, Grand Central Lofts, Anoka County, Minnesota And Outlot A, Grand Central Lofts, according to the recorded plat thereof, Anoka County, Minnesota. 48 CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7C MEETING DATE DECEMBER 11, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Consideration of Resolution establishing Precinct and Polling Locations for 2018 Election Ye r DEPARTMENT: Administration CITY MANAGER'S APPROVAL: /I ., BY /DATE: Katie Bruno / December 1, 2017 BY /DATE: r CITY STRATEGY: #8: Engaged, Multi- Generational Population Additional Strategy? N/A SHORT TERM GOAL (IF APPLICABLE): N/A Additional Goal? N/A BACKGROUND: On November 20, 2017 we were notified by the Anoka County Elections office that all cities will need to adopt a resolution establishing their polling places for 2018 before the end of this year, even if there will be no changes from what was designated in a prior resolution. This request stems from the recent legislative changes to the language in MN Statute 20413.16; requiring both cities and school districts to pass a resolution prior to December 31St of each year setting polling places for the following year. School Districts can still use combination precincts, they must designate a polling place for the combination that has been designated by the municipality. STAFF RECOMMENDATION: Staff recommends approval of this item, as presented. RECOMMENDED MOTION(S): MOTION: Move to wave the reading of Resolution No. 2017 -132, there being ample copies available to the public. MOTION: Motion to adopt Resolution No. 2017 -132, establishing Precinct and Polling locations for 2018 Election Year. ATTACHMENTS: Resolution No. 2017 -132 49 RESOLUTION 2017 -132 RESOLUTION ESTABLISHING PRECINCT AND POLLING LOCATIONS FOR 2018 ELECTION YEAR WHEREAS, Minnesota Statute 204B.16, subd. 1 requires the governing body of each municipality to designate by ordinance or resolution each year no later than December 31St polling places for each election precinct; and WHEREAS the polling places designated by resolution in December of each year are the polling places to be used for elections in the following calendar year. NOW THEREFORE BE IT RESOLVED that the polling locations to be used for municipal precincts in calendar year 2018 are as follows: Precinct 1 John P. Murzyn Hall 530 Mill St NE Precinct 2 Immaculate Conception Church 4030 Jackson St NE Precinct 3 Columbia Heights Library 3939 Central Ave NE Precinct 4 Highland Elementary School 150049 th Ave NE Precinct 5 First Lutheran Church 1555 40th ave NE Precinct 6 Highland Elementary School 1500 491h Ave NE Precinct 7 Valley View Elementary School 80049 th Ave NE Precinct 8 Valley View Elementary School 80049 th Ave NE BE IT FURTHER RESOLVED that the Columbia Heights City Council directs the clerk to make all necessary notifications and preparations for elections held in 2018 as required by MN Statute, Rule and Administrative Policy of the City. Passed this 11th day of December, 2017 Offered by: Seconded by: Roll Call: Donna Schmitt, Mayor Attest: Katie Bruno, City Clerk /Council Secretary 50 CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7D MEETING DATE DECEMBER 11, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: ADOPT RESOLUTION 2017 -134 UPDATING INCOME LIMIT FOR SENIOR CITIZEN UTILITY RATES DEPARTMENT: Finance CITY MANAGER'S APPROVAL: BY /DATE: Jackie Zillmer /December 4, 2017 BY /DATE: 7 �2 CITY STRATEGY: #3: Affordability Additional Strategy? #7: Strong Infastructure /Public Services SHORT TERM GOAL (IF APPLICABLE): N/A Additional Goal? N/A BACKGROUND: For many years, the City Council has annually updated the income eligibility limit for reduced senior citizen utility rates. Currently, the income limit for reduced senior citizen rates is set at $33,600. Attached is a resolution raising the income limit, beginning in 2018, to $34,700 for reduced senior citizen rates. The formula the City has used for this limit is the maximum current year (2018) Social Security benefit for an individual at full retirement age, plus 4 %, rounded to the next even $100 increment. This limit is then compared to applicants' prior year (2017) income. This formula is intended to allow for a modest amount of income beyond the maximum Social Security benefit possible. The maximum Social Security benefit for an individual at full retirement age for 2018 is $33,336. The City Council can set any formula or amount for income eligibility. If the City establishes the income eligibility guideline at a higher level, more people will qualify. As more people qualify for reduced rates, the rates for non - qualifying people will have to be raised to ensure adequate revenue in the utility fund. For many years, the number of seniors receiving the reduced rate has remained relatively constant at approximately 160 residents. STAFF RECOMMENDATION: It is staff's recommendation that we maintain the current formula and increase the senior citizen utility rate to $34,700. RECOMMENDED MOTION(S): Move to waive the reading of Resolution 2017 -134, there being ample copies available to the public. Move to adopt Resolution 2017 -134, being a resolution updating the income limit for senior citizen utility rates. ATTACHMENTS: Resolution 2017 -134 51 RESOLUTION NO. 2017 -134 A resolution of the City Council for the City of Columbia Heights, Minnesota, establishing eligibility standards for senior citizen utility rates. Now, therefore, in accordance with all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: ORDER OF COUNCIL WHEREAS, the City Council has previously established eligibility standards for senior citizen rates for refuse service, sewage disposal, storm water and water supply; and WHEREAS, it has been the City's practice to maintain uniform eligibility standards whenever possible: NOW, THEREFORE, BE IT RESOLVED by the City of Columbia Heights as follows: That anyone over 62 years of age with a maximum household income of $34,700 will be eligible for reduced rates. BE IT FURTHER RESOLVED that the above eligibility standard is effective January 1, 2018 Passed this day of , 2017 Offered by: Seconded by: Roll Call: Donna Schmidt, Mayor Attest: Katie Bruno, City Clerk /Council Secretary 52 CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7E MEETING DATE DECEMBER 11, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: ADOPT RESOLUTION 2017 -133 ESTABLISHING SENIOR CITIZENS OR RETIRED & DISABLED PERSONS HARDSHIP SPECIAL ASSESSMENT DEFERRAL DEPARTMENT: Public Works CITY MANAGER'S APPROVAL: k-1- BY /DATE: Kevin Hansen / December 6, 2017 BY /DATE: // CITY STRATEGY: N/A Additional Strategy? #3: Affordability SHORT TERM GOAL (IF APPLICABLE): Additional Goal? BACKGROUND: In 1982 the City Council adopted a resolution allowing the deferral of assessments for senior citizens and disabled persons. The resolution established eligibility criteria including a maximum income. The income level is updated annually by resolution. STAFF RECOMMENDATION: The attached resolution retains the criteria in the previous resolution and updates the income eligibility amount of $33,300, the same dollar amount used for reduced rates for senior citizens utility bills. The current income eligibility amount is $34,700. RECOMMENDED MOTION(S): Move to waive the reading of Resolution No. 2017 -133 there being ample copies available to the public. Move to adopt Resolution No. 2017 -133, being a resolution establishing a new maximum income of $34,700 for Senior or Retired and Disabled Persons to be eligible for special assessment deferral. ATTACHMENT(S): Resolution 2017 -133 53 RESOLUTION NO. 2017 -133 A resolution of the City Council for the City of Columbia Heights, Minnesota, WHEREAS, immediate payment of special assessments or installments on special assessments cast an undue hardship on some persons owning homestead properties who are 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make payments, and WHEREAS, Minnesota Statutes 435.193 — 435.195 makes it possible for a home rule charter city to pass a resolution establishing standards and guidelines for determining the existence of a hardship and for determining the existence of a disability. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT This deferral procedure shall apply only to assessments which are payable in five or more annual installments. 2. This deferral procedure shall apply only to property owned and occupied by the elderly, retired, or disabled applicant. Ownership and occupancy must be the same nature as would qualify the applicant for a homestead exemption for tax purposes 3. This deferral procedure shall apply only to homestead property owned by a person 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make payments. Permanent and total disability shall have the same definition for purposes of assessment deferral as is used for social security purposes. 4. This deferral procedure shall not be construed as to prohibit the determination of hardship on the basis of exceptional and unusual circumstances not covered by the standards and guidelines herein so long as determination is made in a nondiscriminatory manner and does not give the applicant an unreasonable preference or advantage over other applicants. 5. In order to obtain a deferral of an assessment, the homeowner must make application on the forms prescribed by the City Clerk. 6. The option of the homeowner to defer the payment of special assessments shall terminate and all amounts accumulated plus applicable interest shall become due and payable upon the occurrence of any of the following events: a. the death of the owner, provided that the spouse is not otherwise eligible for benefits hereunder; b. the sale, transfer or subdivision of the property or any part thereof; C. if the property should for any reason lose its homestead status; or d. if for any reason the City shall determine that there would be no hardship to require immediate or partial payment. 54 7. No deferral may be granted unless the homeowner makes application to the City Clerk within thirty (30) days after adoption of the assessment by the Council. 8. The deferral shall apply to only 50% of the annual installment payment. If the 50% is not paid in a timely manner, the balance of the annual installment along with all future installments shall become immediately due and payable. 9. No deferral shall be granted to any owner who has a gross annual household income from all sources in excess of $34,700. 10. No deferral may be continued from year to year unless the owner shall file a renewal application before September 15th of each year. 11. No special assessment may be deferred for a period longer than the time set by the Council as the time over which the project is to be assessed. 12. Interest on deferred assessments shall be at the rate set by the Council in its resolution adopting the assessment roll, and such interest shall be added to the amount deferred and shall be paid in accordance with Minnesota Statute 435.195 and this Resolution. ORDER OF COUNCIL Passed this 11th day of December, 2017 Offered by: Seconded by: Roll Call: Donna K. Schmidt, Mayor Attest: Katie Bruno, City Clerk /Council Secretary 55 c,J COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7F MEETING DATE DECEMBER 11, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: EXTENSION OF GIS RANGE RIDER CONTRACT DEPARTMENT: Public Works CITY MANAGER'S APPROVAL: BY /DATE: Kevin Hansen / December 6, 2017 BY /DATE: CITY STRATEGY: #7: Strong Infastructure /Public Services Additional Strategy? #3: Affordability SHORT TERM GOAL (IF APPLICABLE): #6 Build On and Expand Collaboration with the School District and Other Public Entities Additional Goal? BACKGROUND: In 1996 the City Council approved a Joint Powers Agreement (Tri -City Agreement) with the cities of Andover and Fridley to hire an outside consultant to provide GIS technical assistance. The consulting firm of Plan Sight was hired and performed work under the Tri- Cities Agreement beginning in 1997, reviewable annually. The firm has evolved over the years and is now RE /SPEC, Inc. The agreement remains essentially the same. The Consulting Services Agreement terminates annually on December 31 unless extended by further agreement of the parties. STAFF RECOMMENDATION: The cities of Andover, Fridley and Columbia Heights staff are interested in continuing the contract for 2018. Continuing with RE /SPEC provides the continuity we need to keep the program moving forward. The City benefits from work done under this contract as well as from the other cities. The 2018 goals for the City of Columbia Heights are as follows: • Import sanitary sewer televising records (video and logs) • Add interactive interfaces on web -site for refuse and parks • Conversion to mobile applications • Update Sign Management and Tree Manager (EAB) programs • Update Anoka County pictometry features (Aerials) • Incorporate Anoka County property data and GIS into Special Assessment program • Provide assistance to Community Development Department • Additional tasks as identified Columbia Heights has reduced the number of consultant hours from 700 hours per year to 400 hours per year (one day per week). City staff is able to prepare some of the routine maps, but still relies on RE /SPEC for technical aspects of the program, including software maintenance and program updates. The software includes ArcMap, Granite XP /Cues, Cityworks, Cartegraph, and Tree Manager. Columbia Heights' share for the 2018 Tri -City GIS Range Rider is $23,700. RE /SPEC remains less expensive than other comparable consultants. In addition, hourly rates are discounted for the Tri -City group. This amount is budgeted in various departments of the 2018 Public Works budget. RECOMMENDED MOTION(S): Move to approve a one -year extension to the GIS Joint Powers Agreement in the amount of $23,700; and, authorize the Mayor and City Manager to enter into an agreement for the same. ATTACHMENT(S): Consulting Services Agreement for 2018 GIS Contract 56 CONSULTING SERVICES AGREEMENT This Agreement is made as of , 201_ (the "Effective Date "), by and between RE /SPEC INC. ("Contractor") and the Tri -City GIS Joint Powers Organization, consisting of the Cities of Fridley, Columbia Heights and Andover, hereinafter "Tri - City." CONTRACTOR and Tri -City are collectively referred to as "Parties" and individually as a "Party." WHEREAS, Tri -City requires services to provide GIS technical assistance to the Cities of Andover, Columbia Heights and Fridley; WHEREAS, Contractor desires to and is capable of providing the necessary services according to the terms and conditions stated herein; NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein the parties agree as follows: 1 TFR1\A 1.1 Term. The term of this Contract shall be fi-om January 1, 2018, through December 31, 2018, unless earlier terminated by law or according to the provisions of this Contract. 2. CONTRACTOR'S OBLIGATIONS 2.1 General Description. Contractor will provide GIS technical assistance to Tri -City which includes the cities of Andover, Columbia Heights and Fridley. Additional work may be contracted as provided in Section 3.4. 2.2 Conformance to Specification. The Contractor will provide the Services as set forth in Exhibit A. 2.3 Limited Warranty Contractor warrants that the Services will be performed in a safe, professional and workmanlike manner consistent with the applicable industry standards and this Agreement. CONTRACTOR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTY ARISING OUT OF A COURSE OF DEALING, A CUSTOM OR USAGE OF TRADE. 7268579v] 57 3. PAYMENT 3.1 Service Fees The Contractor's fees for Services are set forth below (Service Fees "). Service Fees do not include any taxes that may be due based on the Service Fees, or for reimbursable expenses, for which Tri -City agrees to pay directly or reimburse Contractor. Total Service Fees: $131,220 to be allocated as follows: Andover - $57,600.00 Fridley- $49,920.00 Columbia Heights - $23,700.00 3.2 Invoices. Contractor shall, within fifteen (15) working days following the last day of each calendar month in which services were provided, submit an invoice on an invoice form acceptable to Tri -City. This invoice shall itemize 1) the hours of services rendered listed by classification, 2) the date such services were provided, 3) a general description of the services provided, 4) the name of client receiving services, 5) the amount and type of all reimbursable expenses being charged to the Contract, 6) the dates of the performance period covered by the invoice. 3.3 Time of Payment. All invoices are due within thirty days from the invoice date. If Tri -City disputes any portion of Contractor's invoice, then Tri -City will: (a) pay any amount not in dispute by the due date; and (b) within five business days after receipt of that invoice, inform Contractor in writing of the disputed amount and the specific reason(s) for withholding payment. On Contractor's receipt of this, the Parties will work together in good faith to resolve such disputes in a prompt and mutually acceptable manner. Tri - City agrees to pay any disputed amounts within five days after the issues have been resolved. 3.4 Changes to Scope Tri -City shall have the right to request changes to the scope of the Services; however, all such changes are subject to acceptance by Contractor. If any change to the scope of the Services will cause an increase or decrease in the Service Fees, or in the time required for performance, prior to commencing the services required by the requested change, Contractor shall notify Tri -City of such increase or decrease by e- mail. Contractor shall not proceed with performance and shall have no obligation to proceed with performance pursuant to any requested change 2 7268579v1 58 to the scope of the Services by Tri -City unless and until Contractor has received Tri- City's agreement to such increased or decreased Service Fees or time for performance via e-mail. 4. COMPLIANCE WITH LAWS /STANDARDS 4.1 General. Contractor shall abide by all Federal, State or local laws, statutes, ordinances, rules and regulations now in effect or hereinafter pertaining to this Contract or to the facilities, programs and staff for which Contractor is responsible. INDEPENDENT CONTRACTOR STATUS Contractor is an independent contractor and nothing herein contained shall be construed to create the relationship of employer and employee between Tri -City and Contractor. Contractor shall at all times be free to exercise initiative, judgment and discretion as to how to best perform or provide services. 6. INDEMNIFICATION Contractor shall indemnify, hold harmless and defend Tri -City, its members, officers and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorneys' fees which Tri -City, its officers or employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any negligent or willful act, or negligent or willful omission of Contractor, its agents, servants or employees, in the execution, performance, or failure to adequately perfonn Contractor's obligations pursuant to this Contract. 7. INSURANCE 7.1 General Terms. In order to protect itself and to protect Tri -City under the indemnity provisions set forth above Contractor shall, at Contractor's expense, procure and maintain policies of insurance covering the term of this Contract, as set forth below. Such policies of insurance shall apply to the extent of, but not as a limitation upon or in satisfaction of, the indemnity provisions herein. All retentions and deductibles under such policies of insurance shall be paid by Contractor. Each such policy shall not be canceled by the issuing insurance company without at least thirty (30) days written notice to Tri -City of intent to cancel. 7.2 Coverage. The policies of insurance to be obtained by Contractor pursuant to this section shall be purchased from a licensed carrier and shall include the following: A) Professional Liability (1) A professional liability insurance policy covering personnel of Contractor, if any, who provide professional services under this Contract, which shall include the following 3 72685790 59 coverages at a minimum: Personal Injury /Damage: $200,000 per person $600,000 per occurrence B) Workers' Compensation If applicable, Contractor shall procure and maintain a policy that at least meets the statutory minimum. 7.3 Certificates. Prior to or concurrent with execution of this Contract, Contractor shall file certificates or certified copies of such policies of insurance with Tri -City. 7.4 Failure to Provide Proof of Insurance. Tri -City may withhold payments for failure of Contractor to furnish proof of insurance coverage or to comply with the insurance requirements as stated above until such time the Contractor complies with the requirements of this Section. 8. SUBCONTRACTING Contractor shall not enter into any subcontract for the performance of the services contemplated under this Contract nor assign any interest in the Contract without prior written consent of Tri -City. 9. DEFAULT 9.1 Inability to perform. Contractor shall make every reasonable effort to maintain staff, facilities, and equipment to deliver the services to be purchased by Tri -City. Contractor shall immediately notify Tri -City in writing whenever it is unable to or reasonably believes it is going to be unable to provide the agreed upon quality of services. Upon such notification, Tri -City shall determine whether such inability requires a modification or cancellation of this Contract. 9.2 Duty to Mitigate. Both parties shall use their best efforts to mitigate any damages which might be suffered by reason of any event giving rise to a remedy hereunder. 10. TERMINATION 10.1 With or Without Cause. Notwithstanding any other provision of this Contract, either Party may terminate this Contract at any time for any reason by giving thirty (30) days written notice to the other. Tri -City shall pay to Contractor the reasonable value of services received from Contractor as of the termination date. 10.2 Notice of Default. 72685790 60 Either Party may terminate this Contract for cause by giving ten (10) days written notice of its intent. Said notice shall specify the circumstances warranting termination of this Contract. 10.3 Failure to Cure. If the Party in default fails to cure the specified circumstances as described by the notice given under the above paragraph within the ten (10) days, or such additional time as may be mutually agreed upon, then the whole or any part of this Contract may be terminated by written notice. 10.4 Notice of Termination. Notice of Termination shall be made by certified mail or personal delivery to the other Party's Authorized Representative. Notice of Termination is deemed effective upon delivery to the address of the Party as stated in paragraph 12. 10.5 Effect of Termination. Termination of this Contract shall not discharge any liability, responsibility or right of any Party which arises from the performance of or failure to adequately perform the terms of this Contract prior to the effective date of termination, in accordance with the laws of the State of Minnesota. 11. CONTRACT RIGHTS/REMEDIES 11.1 Rights Cumulative. All remedies available to either Party under the terms of this Contract or by law are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies. 11.2 Waiver. Waiver for any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of this Contract shall not be construed to be modification for the terms of this Contract unless stated to be such in writing and signed by authorized representatives of Tri -city and Contractor. 11.3 Force Majeure Contractor will not be responsible for the delay in its performance of any obligation under this Agreement caused by acts of God, legal restrictions, or any other similar conditions beyond the control of Contractor. 5 7268579v1 61 12. 13 14 15 16. 72685790 AUTHORIZED REPRESENTATIVE Notification required to be provided pursuant to this Contract shall be provided to the following named persons and addresses unless otherwise stated in this Contract, or in a modification of this Contract. To Contractor: President RE /SPEC INC. 3 824 Jet Drive Rapid City, SD 57703 -4757 Fridley: Director of Public Works City of Fridley 6431 University Avenue NE Fridley, MN 55432 MODIFICATIONS Andover: Director of Public Works /City Engineer City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 Columbia Heights: Public Works Director City of Columbia Heights 637 - 381h Avenue NE Columbia Heights, MN 55421 Except as otherwise provided in Section 3.4 hereof, any alterations, variations, modifications, or waivers of the provisions of this Contract shall only be valid when they have been reduced to writing, and signed by authorized representatives of Tri -City and Contractor. LIMITATION OF LIABILITY. NEITHER PARTY WILL, UNDER ANY CIRCUMSTANCES, BE LIABLE TO THE OTHER PARTY FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO THE SERVICES, THIS AGREEMENT OR THE TERMINATION OF THIS AGREEMENT. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH DAMAGES ARE SOUGHT. SEVERABILITY The provisions of this Contract shall be deemed severable. If any part of this Contract is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Contract unless the part or parts which are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Contract with respect to either Party. MERGER AND FINAL AGREEMENT 16.1 This Contract is the final statement of the agreement of the Parties and the 31 62 complete and exclusive statement of the terms agreed upon, and shall supersede all prior negotiations, understandings or agreements. There are no representations, warranties, or stipulations, either oral or written, not herein contained. 17. DISPUTE RESOLUTION 17.1 This Agreement will be construed and enforced according to the laws of the State of Minnesota, without regarding to its conflicts of law rules. Any litigation regarding this Agreement must be filed and maintained in the state or federal courts of the State of Minnesota and the Parties consent to the personal jurisdiction of such courts. No provision of this Section 17 will preclude either Party seeking injunctive relief to prevent immediate or irreparable harm to it, but the mediation stated in Section 17.3 will otherwise be fully exhausted before the commencement of any litigation. 17.2 EACH PARTY IRREVOCABLY WAIVES ANY RIGHT TO A JURY TRIAL WITH RESPECT TO ANY CLAIMS OR DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT. Any lawsuit or other action, regardless of form, relating to this Agreement, including, without limitation, an action for breach of warranty, must be commenced within one year after the later of. (a) date on which the breach of warranty or other cause of action occurred; or (b) date on which that Party knew or should have known of that breach of warranty or other cause of action. 17.3 Prior to commencement of any litigation regarding this Agreement, the Parties agree to voluntary, non - binding mediation to resolve any dispute they may have. The mediation will be conduct by a mutually selected mediator (or if the Parties cannot agree, by a mediator selected by the CPR Institute for Dispute Resolution), in accordance with the CPR Institute's Model Procedure for Mediation of Business Disputes. The Parties will each pay its own attorneys' fees and will share equally the other mediation costs. While this mediation will be non - binding in all respects (except agreements in settlement of the dispute negotiated by the Parties), each Party will appear when directed by the mediator, be fully prepared to work toward the dispute's resolution, and participate in good faith. If the mediation does not result in a mutually satisfactory resolution of the dispute within ninety days after it is begun, either Party may commence an action as permitted under Sections 17.1 and 17.2. All negotiations between the Parties pursuant to this Section 17 will be treated as compromise and settlement negotiations for purposes of the applicable rules of evidence. 18. NON - DISCLOSURE OF NON - PUBLIC, PRIVATE OR CONFIDENTIAL INFORMATION 7 7268579x1 63 The parties agree that in order to perform its duties under the terms of this Agreement, Contractor will have access to and may use certain information in the custody of the City that would be categorized as private or non - public data within the meaning of Minnesota law. Any such information or data is confidential and, as an essential and necessary part of this Agreement, Contractor agrees not to disclose, use, or otherwise disseminate any such data or information to any other party or entity other than the City. Use of any such information or data by Contractor during the period of this contract shall be exclusively for the purpose of fulfilling its obligations hereunder. Contractor agrees to indemnify the City and hold it harmless from any and all disclosures of such information and data to any other party as a consequence of its actions, which would include the actions of its agents, employees or anyone else that may be acting under its direction or on its behalf. Any such information and data in Contractor's possession after fulfillment of its obligations herein shall be destroyed or returned to the City and Contractor shall retain no copies thereof for any purpose. IN WITNESS WHEREOF, the parties hereto have executed this Contract on the date(s) indicated below. CONTRACTOR TRI -CITY GIS ORGANIZATION LIN Title: Date: By: Title: Date: By: Title: Date: By: Title: Date: 72685790 64 Exhibit A Contractor shall provide the following services generally described as GIS Support: 7268579v1 65 Regular Hourly Rate Tri -City 2017 Discount Hourly Rate Specialist $65.00 $56.25 Field Data Collection, Data Input, Data Editing, Data Updates, Data Management, Data Sychronization, Mapping, Geocoding, Analyst 1 $75.00 $65.00 Run reports (CTS, GranitXP), Checkln /Checkout Field data, Data Modelling, Model Builder, ArcPad Form Creation, Database creation, Update GeoMoose Layers Project Manager $120.00 1 $95.00 Run meetings, Demos, Training, Task Management, Staff support IT 1 $120.00 1 $95.00 Software Installation, OS Tech support , General Maintenance of software, CTS technical support Programmer /Developer $150.00 $120.00 Writing Code (HTML, VBSCRIPT), Custom Development (PHP, Javascript), Automation, mapFeeder customization 7268579v1 65 CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7G MEETING DATE DECEMBER 11, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: INSTALLATION OF TWO -WAY STOP SIGNS ON MADISON STREET AT 42ND AVENUE DEPARTMENT: Public Works CITY MANAGER'S APPROVAL: vv BY /DATE: Kevin Hansen / December 6, 2017 BY /DATE: CITY STRATEGY: #1; Safe Comunity Additional Strategy? #S: Engaged, Multi- Generational Population SHORT TERM GOAL (IF APPLICABLE): Additional Goal? BACKGROUND: A public request for additional traffic control at the intersection of Madison Street and 42nd Avenue was made and discussed at the Traffic Commission meeting on August 1, 2016 and November 6, 2017. The Traffic Commission reviewed the requests and denied them both times. The Commission feels visibility is adequate at this intersection and the number of traffic accidents do not warrant a stop sign. Other than 2014, there have been 0 to 2 reported accidents in any given year. The Traffic Commission is hesitant to approve traffic control at every intersection. Studies have shown that unwarranted stop signs do not improve safety, and the continued addition of signs contributes to all signs being ignored by drivers. Ms. Polly Philblad has requested the Traffic Commission decision be appealed to the City Council. Visibility at the intersection is fair. There is a small hill in the southwest quadrant that partially blocks visibility for eastbound and northbound traffic. One of the guidelines for considering traffic control is the number of reported traffic accidents. According to the Minnesota Manual of Uniform Traffic Control Devices (MMUTCD), attached, Yield or Stop signs may be considered when the number of reported traffic accidents totals 5 crashes within a 3 year period or 3 crashes within a 2 year period. These are guidelines — not requirements. STAFF RECOMMENDATION: With the addition of the Public Safety Building on 41St Avenue, stop signs were added at each intersection from Quincy Street to Jefferson Street to enhance vehicle safety during emergencies (2009). This left only two through intersections in the area without traffic control, Madison Street and Monroe Street at 42nd Avenue. Monroe Street is unique because it is designated as one way. Stop sign locations are shown on the attached map. Attentive drivers are able to negotiate the intersection without incident. Other drivers may not be paying attention to the normal right -of -way rule or are expecting traffic control at this intersection due to the surrounding stop signs, causing a pattern of ongoing accidents to emerge. If the Council considers adding stop signs, staff recommends stopping north -south traffic on Madison Street. East -west traffic already stops at Jefferson Street. If east -west traffic also stopped at Madison Street, there would be 330' between stop signs. Compliance at stop signs is already a problem. It seems drivers would be less likely to stop with two signs so close together. 66 City of Columbia Heights - Council Letter Page 2 RECOMMENDED MOTION(S): Move to install two -way "STOP" signs at the intersection of Madison Street and 42nd Avenue, stopping north and south bound traffic on Madison Street. ALTERNATE RECOMMENDED MOTION(S): Move to deny installation of two -way "STOP" signs at the intersection of Madison Street and 42'd Avenue, based on the recommendation of the Traffic Commission. ATTACHMENT(S): Traffic Control Map MMUTCD Guidelines for Stop Signs Summary of Reported Traffic Accidents Aerial of Intersection AVA N m O N d 4- � m � N z I w LOLO 0 ft5 (n w � m f o O Q � R z N o o o LU o> WU) Z Y LU Z u °O v C a a LOL SO;i a N jjpp� y a e a a a+ v o a s e^ a N3bn8 NVA a is NOSAOVP h i N N N N r m O " R a{ a a s a s< c< < N a ` O � v isp N AONln�!. 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The following factors should be considered: A. Vehicular, bicycle, and pedestrian traffic volumes on all approaches; B. Number and angle of approaches; C. Approach speeds; D. Sight distance available on each approach; and E. Reported crash experience. YIELD or STOP signs should be used at an intersection if one or more of the following conditions exist: A. An intersection of a less important road with a main road where application of the normal right -of -way rule would not be expected to provide reasonable compliance with the law; B. A street entering a designated through highway or street; and /or C. An unsignalized intersection in a signalized area. In addition, the use of YIELD or STOP signs should be considered at the intersection of two minor streets or local roads where the intersection has more than three approaches and where one or more of the following conditions exist: A. The combined vehicular, bicycle, and pedestrian volume entering the intersection from all approaches averages more than 2, 000 units per day. B. The ability to see conflicting traffic on an approach is not sufficient to allow a road user to stop or yield in compliance with the normal right -of -way rule if such stopping or yielding is necessary; and /or C. Crash records indicate that five or more crashes that involve the failure to yield the right -of -way at the intersection under the normal right -of -way rule have been reported within a 3-year period, or that three or more such crashes have been reported within a 2- year period. YIELD or STOP signs should not be used for speed control. POLICE RECORD OF REPORTED ACCIDENTS Year Time Type of Description of Accident Officer Action and Date Accident 2012 Sept 14th 2:32 pm Personal Vehicle traveling EB on 42nd collided with Injury vehicle traveling NB on Madison. Accident 2013 Jan 23rd 8:10 am Property Vehicle traveling EB on 42nd collided with Driver of vehicle traveling Damage vehicle traveling SB on Madison. SB cited for failure to yield Accident right of way. 2014 Feb 9th 3:45 pm Property Vehicle traveling EB on 42nd collided with Driver of vehicle traveling Damage vehicle traveling SB on Madison. SB cited for failure to yield Accident right of way. June 29th 4:04 pm Property Vehicle traveling EB on 42nd (Columbia Damage Heights squad car) collided with vehicle Accident traveling SB on Madison Street. SB vehicle was traveling at a high rate of speed. Sept 26th 12:07 pm Property Vehicle traveling EB on 42nd was struck by Damage vehicle traveling NB on Madison at a high Hit and rate of speed. NB vehicle continued on Run Madison and did not stop. Accident 2015 None 2016 March 2nd 7:58 am Property Vehicle traveling WB on 42nd collided with Damage vehicle traveling SB on Madison. Accident 2017 June 21St 11:35 pm Hit and Driver was NB on Madison and passing Driver of NB vehicle was Run through intersection when struck by cited for instructional Accident vehicle traveling WB on 42nd. permit violation. Suspect vehicle traveling WB on 42nd left Suspect vehicle was the scene. located and cited for leaving the scene of an accident. Oct 22nd 7:49 pm Property Driver was NB on Madison and collided Driver of NB vehicle was Damage with vehicle traveling EB on 42nd. cited for driving without a Accident license and no proof of insurance. 70 A A Madison St and 42nd Ave F4- 1* 41 Amal ✓hIfo FIMI !=,It IF V' - It x.'41 A. 11 _A 77 71 CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM ITEM NO. 7H MEETING DATE DECEMBER 112017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Amendment Consideration of the Fiscal Year 2017 Planning & Inspections Fund Budget DEPARTMENT: Community Development CITY MANAGER'S APPROVAL: BY /DATE: Keith Dahl, December 4, 2017 BY /DATE: / CITY STRATEGY: #6: Excellent Housing /Neighborhoods Additional Strategy? #2: Economic Strength SHORT TERM GOAL (IF APPLICABLE): N/A Additional Goal? N/A BACKGROUND: Over the current course of 2017, permit and license activity exceeded the original amount projected in 2016 for the Fiscal Year 2017 Planning and Inspections Fund budget. The initial projections of permit and license revenue in 2017 was estimated to be $300,000, however current activity is projected to exceed a revenue of $420,000 by the end of this year. Therefore, the Community Development Department realized additional expenditures that were not originally accounted for in the Planning & Inspection Fund budget for 2017. The resolution before City Council for consideration amends the Fiscal Year 2017 Planning & Inspection Fund budget to adequately reflect the additional activity (revenues and expenditures) incurred by the Community Development Department. STAFF RECOMMENDATION: Staff recommends approval of Resolution 2017 -136, amending the Fiscal Year 2017 Planning and Inspections Fund Budget. RECOMMENDED MOTION(S): Motion: Move to waive the reading of Resolution 2017 -136, there being ample copies available to the public. Motion: Move to approve Resolution No. 2017 -136, a resolution of the City Council for the City of Columbia Heights, Minnesota, authorizing an amendment to the Fiscal Year 2017 Planning & Inspections Fund budget. ATTACHMENTS: 1. Resolution 2017 -136 (1 Page) 72 RESOLUTION NO. 2017 -136 A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA, AUTHORIZING AN AMENDMENT TO THE FISCAL YEAR 2017 PLANNING & INSPECTIONS FUND BUDGET. BE IT RESOLVED, by the City Council (the "Council ") for the City of Columbia Heights (the "City') as follows: WHEREAS, the City Council approved Resolution 2016 -132, a resolution which subsequently adopted the initial Fiscal Year 2017 Planning & Inspections Fund budget; and WHEREAS, certain revenues and expenditures of the Planning & Inspections Fund budget will exceed the amount initially adopted; and WHEREAS, it is necessary to increase the Planning & Inspections Fund budget to reflect the additional activity not originally anticipated for prior to the approval of Resolution 2016 -132; and NOW, THEREFORE, in accordance with all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: ORDER OF COUNCIL IT IS HEREBY RESOLVED, that the Fiscal Year 2017 Planning & Inspections Fund budget 201.42400 is amended to increase revenues in the amount of $32,500.00 and increase expenditures in the amount of $20,000. Passed this 111h day of December, 2017 Offered by: Seconded by: Roll Call: Donna Schmitt, Mayor Attest: Katie Bruno, City Clerk /Council Secretary 73 CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT AGENDA ITEM NO. 71 MEETING DATE DECEMBER 11, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Approve Resolution 2017 -135 Amending 2017 Budget (re Transfer of Funds) DEPARTMENT: Police CITY MANAGER'S APPROVAL:9� BY /DATE: Chief Lenny Austin /12 -11 -2017 BY /DATE: L CITY STRATEGY: N/A Additional Strategy? SHORT TERM GOAL (IF APPLICABLE): Additional Goal? BACKGROUND: The Police Department has received payment for the following details at Columbia Heights Public Schools: $ 412.50 for security at the CHHS football section game $1,665.00 for security at CHHS homecoming $ 2,077.50 The Police Department has received payment for providing security for Global Academy: $ 187.50 for security /traffic direction at the Global Academy 5K The CHPD has been participating in the statewide Safe and Sober (Toward Zero Deaths or TZD) program. We received reimbursement from Coon Rapids, the agency coordinating the grant, for the overtime expended on that initiative in the following amount: $ 8,809.16 The total of these payments is $11,074.16. STAFF RECOMMENDATION: The above mentioned funds were deposited into the General Fund. The Police Department is requesting that these funds be transferred back into the 2017 Police Department Budget, Overtime Line Item 1020, which requires a Resolution of the City Council. RECOMMENDED MOTION(S): MOTION: Motion to waive the reading of Resolution No. 2017 -135, being a resolution amending the 2017 budget to use certain additional revenue, there being ample copies available to the public. MOTION: Motion to adopt Resolution 2017 -135 being a Resolution amending the 2017 budget to use certain additional revenue. ATTACHMENTS: Resolution 2017 -135 74 RESOLUTION NO. 2017 -135 A resolution of the City Council for the City of Columbia Heights, Minnesota, amending the 2017 budget to use certain additional revenue. Whereas, the City has contracted for or received the following revenue: Source Amount CH School District $ 412.50 CH School District $ 1,665.00 Global Academy $ 187.50 County of Anoka (TZD) $ 8,809.16 Total $11,074.16 Whereas, this revenue was not included in the initial 2017 budget adopted by resolution 2016 -132, nor in any subsequent amendments to that budget; and Whereas, accordingly, the expense necessary to earn this revenue was also not previously included in the 2017 budget; and Whereas, the activity related to this revenue and expense is consistent with the goals and objectives of the City of Columbia Heights Police Department; Now, therefore, in accordance with all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: ORDER OF COUNCIL IT IS HEREBY RESOLVED, that the 2017 budget for general fund revenue and expense is amended for an increase of $11,074.16. Passed this day of 2017 Offered by: Seconded by: Roll Call: Donna Schmitt, Mayor Attest: Katie Bruno, City Clerk /Council Secretary 75 CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7.1 MEETING DATE DECEMBER 11, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Resolution 2017 -137 Authorizing the City of Columbia Heights to Enter into Agreement No. 1029933 with MnDOT to Act as the City's Agent in Accepting Federal Funds DEPARTMENT: Public Works CITY MANAGER'S APPROVAL: BY /DATE: Kevin Hansen / December 6, 2017 BY /DATE: CITY STRATEGY: #7: Strong Infastructure /Public Services Additional Strategy? #2: Economic Strength SHORT TERM GOAL (IF APPLICABLE): #6 Build On and Expand Collaboration with the School District and Other Public Entities Additional Goal? BACKGROUND: The City currently has an existing agreement with MnDOT that addresses federal funding for construction projects. This is a blanket agreement that applies to construction projects where the City has obtained federal funds. The agreement spells out the duties of the City as it relates to the performance of the work and MnDOT as it relates to accepting and dispersing the funds. The agreement details the duties of the City and of the State prior to and during construction, identifying federal requirements to be as part of the acceptance of funds. These include design requirements, construction reporting, and audit standards. The handling of federal funds is regularly routed through State agencies, in this case MnDOT. The attached Agreement No. 1029933 with MnDOT provides updates to and supersedes the existing agreement No. 99883. The updates are described on the attached letter from MnDOT dated December 1, 2017. STAFF RECOMMENDATION: Staff recommends continuing the blanket agreement authorizing MnDOT to act as the City's Agent in accepting federal funds for federal aid projects initiated by the City. RECOMMENDED MOTION(S): Move to waive the reading of Resolution No. 2017 -137, there being ample copies available to the public. Move to adopt Resolution No. 2017 -137, being a resolution authorizing the City of Columbia Heights to enter into Agreement No. 1029933 authorizing MnDOT to act as the City's Agent in accepting federal funds for federal aid projects initiated by the City. ATTACHMENT(S): Resolution 2017 -137 MnDOT Letter dated December 1, 2017 Agreement No. 1029933 RESOLUTION NO. 2017 -137 WHEREAS, the City of Columbia Heights currently has an existing Agreement No. 99883 with the Minnesota Department of Transportation that addresses federal funding for construction projects, and WHEREAS, Agreement No. 99883 is being superseded by Agreement 1029933. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That pursuant to Minnesota Stat. Sec. 161.36, the Commissioner of Transportation be appointed as Agent of the City of Columbia Heights to accept as its agent, federal aid funds which may be made available for eligible transportation related projects. 2. That the Mayor and the City Manager are hereby authorized and directed for and on behalf of the City of Columbia Heights to execute and enter into an agreement with the Commissioner of Transportation prescribing the terms and conditions of said federal aid participation as set forth and contained in "Minnesota Department of Transportation Agency Agreement No. 1029933 ", a copy of which said agreement was before the City Council and which is made a part hereof by reference. ORDER OF COUNCIL Passed this 11th day of December, 2017 Offered by: Seconded by: Roll Call: Donna K. Schmitt, Mayor Attest: Katie Bruno, City Clerk /Council Secretary 77 Minnesota Department of Transportation DEPARTMENT OF State Aid for Local Transportation TRANSPORTATION 395 John Ireland Boulevard, MS 500 Saint Paul, MN 55155 December 1, 2017 Kevin Hansen 637 38th Avenue NE Columbia Heights, MN, 55421 SUBJECT: Agency Delegated Contracting Process Agreement Agency Agreement No. 1029933 Dear Mr Hansen: Attached are two copies of the agency agreement between the City of Columbia Heights and MnDOT, which allows for MnDOTto act as the City's agent in accepting federal aid. This agreement is intended to coverall federally funded projects that the City is awarded funds for until revisions are needed to the agreement. It supersedes the agreement executed in or about 2003, which is referenced in this agreement. While I do not anticipate that the requirements in Section 18.4 will apply to you, the language required by federal law and must be included in all federally funded project agreements as of October 1, 2010. Please review the agreement and if approved, have all two copies signed. A resolution similar to the attached example, must be passed. The certified resolution should then be placed as the last page in each of the two copies of the agreement. Please verify that the person /title authorized to sign as stated in the resolution, corresponds to the signature (person /title) on the signature page. Please return all two copies of the agreement to me for MnDOT signatures. A fully executed copy will be returned to you. if you have any questions or need any revisions, please feel free to contact me at 651.366.3822. e0--erely, Lyllette Roshell, PE Project Development Engineer Enclosures Cc: Dan Erickson — DSAE File An Equal Opportunity Employer 78 MnDOT Contract too. 1029933 DEPARTMENT OF TRANSPORTATION STATE OF MINNESOTA AGENCY AGREEMENT for FEDERAL PARTICIPATION IN CONSTRUCTION This agreement is entered into by and between the City of Columbia Heights ( "Local Government ") and the State of Minnesota acting through its Commissioner of Transportation ( "MnDOT "). RECIT, Pursuant to Minnesota Statutes Section 161.36, the Local Government desires MnDOT to act as the Local Government's agent in accepting federal funds on the Local Government's behalf for the construction, improvement, or enhancement of transportation financed either in whole or in part by Federal Highway Administration ( "FHWA ") federal funds, hereinafter referred to as the "Project(s) "; and 2. This agreement is intended to cover all federal aid projects initiated by the Local Government and therefore has no specific State Project number associated with it, and 2.1. The Catalog of Federal Domestic Assistance number or CFDA number is 20.205, and 2.2. This agreement supersedes agreement number old (99883) 2.3. This project is for construction not research and development. 2.4. MnDOT requires that the terms and conditions of this agency be set forth in an agreement. AGREEMENT TERMS 1. Term of Agreement 1.1. Effective Date. This agreement will be effective on the date the MnDOT obtains all required signatures under Minn. Stat. §16C.05, Subd. 2. Upon the effective date, this agreement will supersede agreement 99883. 2. Local Government's Duties 2.1. Designation. The Local Government designates MnDOT to act as its agent in accepting federal funds in its behalf made available for the Project(s). Details on the required processes and procedures are available on the State Aid Website 2.2. Staffing. 2.2.1. The Local Government will furnish and assign a publicly employed licensed engineer, ( "Project Engineer "), to be in responsible charge of the Project(s) and to supervise and direct the work to be performed under any construction contract let for the Project(s). In the alternative where the Local Government elects to use a private consultant for construction engineering services, the Local Government will provide a qualified, full -time public employee of the Local Government, to be in responsible charge of the Project(s). The services of the Local Government to be performed hereunder may not be assigned, sublet, or transferred unless the Local Government is notified in writing by MnDOT that such action is permitted under 23 CFR 1.33 and 23 CFR 635.105 and state law. This written consent will in no way relieve the Local Government from its primary responsibility for performance of the work. Updated December 1, 2017 1 79 MnDOT Contract No. 1029933 2.2.2. During the progress of the work on the Project(s), the Local Government authorizes its Project Engineer to request in writing specific engineering and /or technical services from MnDOT, pursuant to Minnesota Statutes Section 161.39. Such services may be covered by other technical service agreements. If MnDOT furnishes the services requested, and if MnDOT requests reimbursement, then the Local Government will promptly pay MnDOT to reimburse the state trunk highway fund for the full cost and expense of furnishing such services. The costs and expenses will include the current MnDOT labor additives and overhead rates, subject to adjustment based on actual direct costs that have been verified by audit. Provision of such services will not be deemed to make MnDOT a principal or co- principal with respect to the Project(s). 2.3. Pre - letting. The Local Government will prepare construction contracts in accordance with Minnesota law and applicable Federal laws and regulations. 2.3.1. The Local Government will solicit bids after obtaining written notification from MnDOT that the FHWA has authorized the Project(s). Any Project(s) advertised prior to authorization without permission will not be eligible for federal reimbursement. 2.3.2. The Local Government will prepare the Proposal for Highway Construction for the construction contract, which will include all of the federal -aid provisions supplied by MnDOT. 2.3.3. The Local Government will prepare and publish the bid solicitation for the Project(s) as required by state and federal laws. The Local Government will include in the solicitation the required language for federal -aid construction contracts as supplied by MnDOT. The solicitation will state where the proposals, plans, and specifications are available for the inspection of prospective bidders, and where the Local Government will receive the sealed bids. 2.3.4. The Local Government may not include other work in the construction contract for the authorized Project(s) without obtaining prior notification from MnDOT that such work is allowed by FHWA. Failure to obtain such notification may result in the loss of some or all of the federal funds for the Project(s). All work included in a federal contract is subject to the same federal requirements as the federal project. 2.3.5. The Local Government will prepare and sell the plan and proposal packages and prepare and distribute any addenda, if needed. 2.3.6. The Local Government will receive and open bids. 2.3.7. After the bids are opened, the Local Government will consider the bids and will award the bid to the lowest responsible bidder, or reject all bids. If the construction contract contains a goal for Disadvantaged Business Enterprises, the Local Government will not award the bid until it has received certification of the Disadvantaged Business Enterprise participation from the MnDOT Office of Civil Rights. 2.3.8. The Local Government entity must disclose in writing any potential conflict of interest to the Federal awarding agency or pass through entity in accordance with applicable Federal awarding agency policy. 2.4. Contract Administration. 2.4.1. The Local Government will prepare and execute a construction contract with the lowest responsible bidder, hereinafter referred to as the "Contractor," in accordance with the special provisions and the latest edition of MnDOT's Standard Specifications for Construction and all amendments thereto. All contracts between the Local Government and third parties or subcontractors must contain all applicable provisions of this Agreement, including the applicable federal contract clauses, which are identified in Appendix II of 2 CFR 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, and as provided in Section 18 of this agreement. 2 80 MnDOT Contract No. 1029933 2.4.2. The Project(s) will be constructed in accordance with plans, special provisions, and standard specifications of each Project. The standard specifications will be the latest edition of MnDOT Standard Specifications for Highway Construction, and all amendments thereto. The plans, special provisions, and standard specifications will be on file at the Local Government Engineer's Office. The plans, special provisions, and specifications are incorporated into this agreement by reference as though fully set forth herein. 2.43. The Local Government will furnish the personnel, services, supplies, and equipment necessary to properly supervise, inspect, and document the work for the Project(s). The services of the Local Government to be performed hereunder may not be assigned, sublet, or transferred unless the Local Government is notified in writing by MnDOT that such action is permitted under 23 CFR 1.33 and 23 CFR 635.105 and state law. This written consent will in no way relieve the Local Government from its primary responsibility for performance of the work. 2.4.4. The Local Government will document quantities in accordance with the guidelines set forth in the Construction Section of the Electronic State Aid Manual that were in effect at the time the work was performed. 2.4.5. The Local Government will test materials in accordance with the Schedule of Materials Control in effect at the time each Project was let. The Local Government will notify MnDOT when work is in progress on the Project(s) that requires observation by the Independent Assurance Inspector as required by the Independent Assurance Schedule. 2.4.6. The Local Government may make changes in the plans or the character of the work, as may be necessary to complete the Project(s), and may enter into Change Order(s) with the Contractor. The Local Government will not be reimbursed for any costs of any work performed under a change order unless MnDOT has notified the Local Government that the subject work is eligible for federal funds and sufficient federal funds are available. 2.4.7. The Local Government will request approval from MnDOT for all costs in excess of the amount of federal funds previously approved for the Project(s) prior to incurring such costs. Failure to obtain such approval may result in such costs being disallowed for reimbursement. 2.4.8. The Local Government will prepare reports, keep records, and perform work so as to meet federal requirements and to enable MnDOT to collect the federal aid sought by the Local Government. Required reports are listed in the MnDOT State Aid Manual, Delegated Contract Process Checklist, available from MnDOT's authorized representative. The Local Government will retain all records and reports and allow MnDOT or the FHWA access to such records and reports for six years. 2.4.9. Upon completion of the Project(s), the Project Engineer will determine whether the work will be accepted. 25. Limitations. 2.5.1. The Local Government will comply with all applicable Federal, State, and local laws, ordinances, and regulations. 2.5.2. Nondiscrimination. It is the policy of the Federal Highway Administration and the State of Minnesota that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance (42 U.S.C. 2000d). Through expansion of the mandate for nondiscrimination in Title VI and through parallel legislation, the proscribed bases of discrimination include race, color, sex, national origin, age, and disability. In addition, the Title VI program has been extended to cover all programs, activities and services of an entity receiving Federal financial 81 MnDOT Contract No. 1029933 assistance, whether such programs and activities are Federally assisted or not. Even in the absence of prior discriminatory practice or usage, a recipient in administering a program or activity to which this part applies, is expected to take affirmative action to assure that no person is excluded from participation in, or is denied the benefits of, the program or activity on the grounds of race, color, national origin, sex, age, or disability. It is the responsibility of the Local Government to carry out the above requirements. 2.5.3. Utilities. The Local Government will treat all public, private or cooperatively owned utility facilities which directly or indirectly serve the public and which occupy highway rights of way in conformance with 23 CFR 645 "Utilities" which is incorporated herein by reference. 2.6. Maintenance. The Local Government assumes full responsibility for the operation and maintenance of any facility constructed or improved under this Agreement. 3. MnDOT's Duties 3.1, Acceptance. MOOT accepts designation as Agent of the Local Government for the receipt and disbursement of federal funds and will act in accordance herewith. 3.2. Project Activities. 3.2.1. MnDOT will make the necessary requests to the FHWA for authorization to use federal funds for the Project(s), and for reimbursement of eligible costs pursuant to the terms of this agreement. 3.2.2. MnDOT will provide to the Local Government copies of the required Federal -aid clauses to be included in the bid solicitation and will provide the required Federal -aid provisions to be included in the Proposal for Highway Construction. 3.2.3. MnDOT will review and certify the DBE participation and notify the Local Government when certification is complete. If certification of DBE participation (or good faith efforts to achieve such participation) cannot be obtained, then Local Government must decide whether to proceed with awarding the contract. Failure to obtain such certification will result in the project becoming ineligible for federal assistance, and the Local Government must make up any shortfall. 3.2.4. MnDOT will provide the required labor postings. 33. Authority. MnDOT may withhold federal funds, where MnDOT or the FHWA determines that the Project(s) was not completed in compliance with federal requirements. 3.4. Inspection. MnDOT, the FHWA, or duly authorized representatives of the state and federal government will have the right to audit, evaluate and monitor the work performed under this agreement. The Local Government will make available all books, records, and documents pertaining to the work hereunder, for a minimum of six years following the closing of the construction contract. 4. Time 4.1. The Local Government must comply with all the time requirements described in this agreement. In the performance of this agreement, time is of the essence 4.2. The period of performance is defined as beginning on the date of federal authorization and ending on the date defined in the federal financial system or federal agreement ( "end date "). No work completed after the end date will be eligible for federal funding. Local Government must submit all contract close out paperwork to MnDOT, twenty four months prior to the end date. S. Payment 5.1. Cost. The entire cost of the Project(s) is to be paid from federal funds made available by the FHWA and by other funds provided by the Local Government. The Local Government will pay any part of the cost or 4 82 MnDOT Contract No. 1029933 expense of the Project(s) that is not paid by federal funds. MnDOT will receive the federal funds to be paid by the FHWA for the Project(s), pursuant to Minnesota Statutes § 161.36, Subdivision 2. MnDOT will reimburse the Local Government, from said federal funds made available to each Project, for each partial payment request, subject to the availability and limits of those funds. 5.2. Indirect Cost Rate Proposal /Cost Allocation Plan. if the Local Government seeks reimbursement for indirect costs and has submitted to IVInDOT an indirect cost rate proposal or a cost allocation plan, the rate proposed will be used on a provisional basis. At any time during the period of performance or the final audit of a project, MnDOT may audit and adjust the indirect cost rate according to the cost principles in 2 CFR Part 200. MnDOT may adjust associated reimbursements accordingly. 5.3. Reimbursement. The Local Government will prepare partial estimates in accordance with the terms of the construction contract for the Project(s). The Project Engineer will certify each partial estimate. Following certification of the partial estimate, the Local Government will make partial payments to the Contractor in accordance with the terms of the construction contract for the Project(s). 5.3.1. Following certification of the partial estimate, the Local Government may request reimbursement for costs eligible for federal funds. The Local Government's request will be made to MnDOT and will include a copy of the certified partial estimate. 5.3.2. Upon completion of the Project(s), the Local Government will prepare a final estimate in accordance with the terms of the construction contract for the Project(s). The Project Engineer will certify the final estimate. Following certification of the final estimate, the Local Government will make the final payment to the Contractor in accordance with the terms of the construction contract for the Project(s). 5.3.3. Following certification of the final estimate, the Local Government may request reimbursement for costs eligible for federal funds. The Local Government's request will be made to MnDOT and will include a copy of the certified final estimate along with the required records. 5.3.4. Upon completion of the Project(s), MnDOT will perform a final inspection and verify the federal and state eligibility of all the payment requests. If the Project is found to have been completed in accordance with the plans and specifications, MnDOT will promptly release any remaining federal funds due the Local Governmentfor the Project(s). If MnDOT finds that the Local Government has been overpaid, the Local Government must promptly return any excess funds 5.3.5. In the event MnDOT does not obtain funding from the Minnesota Legislature or other funding source, or funding cannot be continued at a sufficient level to allow for the processing of the federal aid reimbursement requests, the Local Government may continue the work with local funds only, until such time as MnDOT is able to process the federal aid reimbursement requests. 5.4. Matching Funds. Any cost sharing or matching funds required of the Local Government in this agreement must comply with 2 CFR 200.306. 5.5. Federal Funds. Payments under this Agreement will be made from federal funds. The Local Government is responsible for compliance with all federal requirements imposed on these funds and accepts full financial responsibility for any requirements including, but not limited to, 2 CFR Part 200 imposed by the Local Government's failure to comply with federal requirements. If, for any reason, the federal government fails to pay part of the cost or expense incurred by the Local Government, or in the event the total amount of federal funds is not available, the Local Government will be responsible for any and all costs or expenses incurred under this Agreement. The Local Government further agrees to pay any and all lawful claims arising out of or incidental to the performance of the work covered by this Agreement in the event the federal government does not pay the same. 5 83 MnDOT Contract No. 1029933 5.6. Closeout. The Local Government must liquidate all obligations incurred under this Agreement for each project and submit all financial, performance, and other reports as required by the terms of this Agreement and the Federal award within twenty four months of the end date of the period of performance for each project. MnDOT will determine, at its sole discretion, whether a closeout audit is required prior to final payment approval. If a closeout audit is required, final payment will be held until the audit has been completed. Monitoring of any capital assets acquired with funds will continue following project closeout. 6. Conditions of Payment. All services provided by Local Government under this agreement must be performed to MnDOT's satisfaction, as determined at the sole discretion of MnDOT's Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Local Government will not receive payment for work found by MnDOT to be unsatisfactory or performed in violation of federal, state, or local law. 7. Authorized Representatives 71. MnDOT's Authorized Representative is: Name: Mitchell Rasmussen, or his successor. Title: State Aid Engineer Phone: 651- 366 -4831 Email: Mitch.rasmussen @state.mn.us MnDOT's Authorized Representative has the responsibility to monitor Local Government's performance and the authority to accept the services provided under this agreement. If the services are satisfactory, MnDOT's Authorized Representative will certify acceptance on each invoice submitted for payment. 7.2. The Local Government's Authorized Representative is: Name: Kevin Hansen or his/her successor. Title: Columbia Heights City Engineer Phone: 763 - 706 -3705 Email: kevin.hansen @ci.columbia- heights.mn.us If the Local Government's Authorized Representative changes at any time during this agreement, the Local Government will immediately notify MnDOT. S. Assignment Amendments, Waiver, and Agreement Complete 8.1. Assignment. The Local Government may neither assign nor transfer any rights or obligations under this agreement without the prior written consent of MnDOT and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this agreement, or their successors in office. 8.2. Amendments. Any amendments to this agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original agreement, or their successors in office. 8.3. Waiver: If MnDOT fails to enforce any provision of this agreement, that failure does not waive the provision or MnDOT's right to subsequently enforce it. 8.4. Agreement Complete. This agreement contains all negotiations and agreements between MnDOT and the Local Government. No other understanding regarding this agreement, whether written or oral, may be used to bind either party. 6 84 MnDOT Contract No. 1029933 8.5. Severability. If any provision of this Agreement or the application thereof is found invalid or unenforceable to any extent, the remainder of the Agreement, including all material provisions and the application of such provisions, will not be affected and will be enforceable to the greatest extent permitted by the law. 9. Liability and Claims 9.1. Tort Liability. Each party is responsible for its own acts and omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of any others and the results thereof. The Minnesota Tort Claims Act, Minnesota Statutes Section 3.736, governs MnDOT liability. 9.2. Claims. The Local Government acknowledges that MnDOT is acting only as the Local Government's agent for acceptance and disbursement of federal funds, and not as a principal or co- principal with respect to the Project. The Local Government will pay any and all lawful claims arising out of or incidental to the Project including, without limitation, claims related to contractor selection (including the solicitation, evaluation, and acceptance or rejection of bids or proposals), acts or omissions in performing the Project work, and any ultra vires acts. The Local Government will indemnify, defend (to the extent permitted by the Minnesota Attorney General), and hold MnDOT harmless from any claims or costs arising out of or incidental to the Project(s), including reasonable attorney fees incurred by MnDOT. The Local Government's indemnification obligation extends to any actions related to the certification of DBE participation, even if such actions are recommended by MnDOT. 10. Audits 10.1. Under Minn. Stat. § 16C.05, Subd.S, the Local Government's books, records, documents, and accounting procedures and practices of the Local Government, or other party relevant to this agreement or transaction, are subject to examination by MnDOT and /or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this agreement, receipt and approval of all final reports, or the required period of time to satisfy all state and program retention requirements, whichever is later. The Local Government will take timely and appropriate action on all deficiencies identified by an audit. 102 All requests for reimbursement are subject to audit, at MnDOT's discretion. The cost principles outlined in 2 CFR 200.400 -.475 will be used to determine whether costs are eligible for reimbursement under this agreement. 10.3. If Local Government expends $750,000 or more in Federal Funds during the Local Government's fiscal year, the Local Government must have a single audit or program specific audit conducted in accordance with 2 CFR Part 200. 11. Government Data Practices. The Local Government and MnDOT must comply with the Minnesota Government Data Practices Act, Minn. Stat, Ch. 13 as it applies to all data provided by MnDOT under this agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Local Government under this agreement. The civil remedies of Minn. Stat. §13.08 apply to the release of the data referred to in this clause by either the Local Government or MnDOT. 12. Workers Compensation. The Local Government certifies that it is in compliance with Minn. Stat, §176.181, Subd. 2, pertaining to workers' compensation insurance coverage. The Local Government's employees and agents will not be considered MnDOT employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way MnDOT's obligation or responsibility. 13. Governing Lawn, Jurisdiction, and Venue. Minnesota law, without regard to its choice -of -law provisions, governs this agreement. Venue for all legal proceedings out of this agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 14. Termination; Suspension 7 85 MnDOT Contract No. 1029933 14.1. Termination by MnDOT. MnDOT may terminate this agreement with or without cause, upon 30 days written notice to the Local Government. Upon termination, the Local Government will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 14.2. Termination for Cause. MnDOT may immediately terminate this agreement if MnDOT finds that there has been a failure to comply with the provisions of this agreement, that reasonable progress has not been made, that fraudulent or wasteful activity has occurred, that the Local Government has been convicted of a criminal offense relating to a state agreement, or that the purposes for which the funds were granted have not been or will not be fulfilled. MnDOT may take action to protect the interests of MnDOT of Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed. 14.3. Termination for Insufficient Funding. MnDOT may immediately terminate this agreement if: 14.3.1. It does not obtain funding from the Minnesota Legislature; or 14.3.2. If funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the Local Government. MnDOT is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Local Government will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. MnDOT will not be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. MnDOT will provide the Local Government notice of the lack of funding within a reasonable time of MnDOT's receiving that notice. 14.4. Suspension. MnDOT may immediately suspend this agreement in the event of a total or partial government shutdown due to the failure to have an approved budget by the legal deadline. Work performed by the Local Government during a period of suspension will be deemed unauthorized and undertaken at risk of non - payment. 15. Data Disclosure. Under Minn. Stat. § 270C.65. Subd. 3, and other applicable law, the Local Government consents to disclosure of its social security number, federal employer tax identification number, and /or Minnesota tax identification number, already provided to MnDOT, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Local Government to file state tax returns and pay delinquent state tax liabilities, if any. 16. Fund Use Prohibited. The Local Government will not utilize any funds received pursuant to this Agreement to compensate, either directly or indirectly, any contractor, corporation, partnership, or business, however organized, which is disqualified or debarred from entering into or receiving a State contract. This restriction applies regardless of whether the disqualified or debarred party acts in the capacity of a general contractor, a subcontractor, or as an equipment or material supplier. This restriction does not prevent the Local Government from utilizing these funds to pay any party who might be disqualified or debarred after the Local Government's contract award on this Project. 17. Discrimination Prohibited by Minnesota Statutes §181.59. The Local Government will comply with the provisions of Minnesota Statutes §181.59 which requires that every contract for or on behalf of the State of Minnesota, or any county, city, town, township, school, school district or any other district in the state, for materials, supplies or construction will contain provisions by which Contractor agrees: 1) That, in the hiring of common or skilled labor for the performance of any work under any contract, or any subcontract, no Contractor, material supplier or vendor, will, by reason of race, creed or color, discriminate against the person or persons who are citizens of the United States or resident aliens who are qualified and available to perform the work to which the employment relates; 2) That no Contractor, material supplier, or vendor, will, in any manner, discriminate against, or 8 86 MnDOT Contract No. 1029933 intimidate, or prevent the employment of any person or persons identified in clause 1 of this section, or on being hired, prevent or conspire to prevent, the person or persons from the performance of work under any contract on account of race, creed or color; 3) That a violation of this section is a misdemeanor; and 4) That this contract may be canceled or terminated by the state of Minnesota, or any county, city, town, township, school, school district or any other person authorized to contracts for employment, and all money due, or to become due under the contract, may be forfeited for a second or any subsequent violation of the terms or conditions of this Agreement. 18. Appendix 112 CFR Part 200 Federal Contract Clauses. The Local Government agrees to comply with the following federal requirements as identified in 2 CFR 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, and agrees to pass through these requirements to its subcontractors and third party contractors, as applicable. In addition, the Local Government shall have the same meaning as "Contractor" in the federal requirements listed below. 18.1. Remedies. Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. 18.2. Termination. All contracts in excess of $10,000 must address termination for cause and for convenience by the non - Federal entity including the manner by which it will be effected and the basis for settlement. 18.3. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60 -1.3 must include the equal opportunity clause provided under 41 CFR 60- 1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964 -1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." 18.4. Davis -Bacon Act, as amended. (40 U.S.C. 3141 -3148) When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non - Federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141 -3144, and 3146 -3148) as supplemented by Department of Labor regulations (29 CFR 5, ".Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction "). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non - Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non - Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti- Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States "). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non - Federal entity must report all suspected or reported violations to the Federal awarding agency. 18.5. Contract Work Hours and Safety Standards Act. (40 U.S.C. 3701 -3708) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701 - 3708). Where applicable, all contracts awarded by the non - Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for 9 87 MnDOT Contract No. 1029933 compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation ortransmission of intelligence. 18.6. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient br subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement; the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 18.7. Clean Air Act (42 U.S.C. 7401- 7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387), as amended. Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non - Federal award to agree to comply with all applicable standards, orders or regulations issued under the Clean Air Act (42 U.S.C. 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 18.8. Debarment and Suspension. (Executive Orders 12549 and 12689) A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 18.9. Byrd Anti- Lobbying Amendment. (31 U.S.C. 1352) Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non - Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non - Federal award. 18.10. Procurement of Recovered Materials. See 2 CFR 200.322 Procurement of Recovered Materials. 18.11. Drug -Free Workplace. In accordance with 2 C.F.R. § 32.400, the Local Government will comply with the Drug -Free Workplace requirements under subpart B of 49 C.F.R. Part 32. 18.12. Nondiscrimination. The Local Government hereby agrees that, as a condition of receiving any Federal financial assistance under this agreement, it will comply with Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. § 2000d), related nondiscrimination statutes (i.e., 23 U.S.C. § 324, Section 504 of the Rehabilitation Act of 1973 as amended, and the Age Discrimination Act of 1975), and applicable regulatory requirements to the end that no person in the United States shall, on the grounds of race, color, national origin, sex, handicap, or age be excluded from participation in, be denied the benefits of, or otherwise be 10 88 MnDOT Contract No. 1029933 subjected to discrimination under any program or activity for which the Local Government receives Federal financial assistance. The specific requirements of the Department of Transportation Civil Rights assurances (required by 49 C.F.R. §§ 21.7 and 27.9) are incorporated in the agreement. 18.13. Federal Funding Accountability and Transparency Act (FFATA). 18.13.1. This Agreement requires the Local Government to provide supplies and /or services that are funded in whole or in part by federal funds that are subject to FFATA. The Local Government is responsible for ensuring that all applicable requirements, including but not limited to those set forth herein, of FFATA are met and that the Local Government provides information to the MnDOT as required. Reporting of Total Compensation of the Local Government's Executives. The Local Government shall report the names and total compensation of each of its five most highly compensated executives for the Local Government's preceding completed fiscal year, if in the Local Government's preceding fiscal year it received: 80 percent or more of the Local Government's annual gross revenues from Federal procurement contracts and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.). Executive means officers, managing partners, or any other employees in management positions. C. Total compensation means the cash and noncash dollar value earned by the executive during the Local Government's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)): Salary and bonus. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. iii. Earnings for services under non - equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. iv. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. V. Above - market earnings on deferred compensation which is not tax qualified. 11 89 MnDOT Contract No. 1029933 18.13.2. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. 18.13.3. The Local Government must report executive total compensation described above to the MnDOT by the end of the month during which this agreement is awarded. 18.13.4. The Local Government will obtain a Data Universal Numbering System (DUNS) number and maintain its DUNS number for the term of this agreement. This number shall be provided to MnDOT on the plan review checklist submitted with the plans for each project. More information about obtaining a DUNS Number can be found at: http: / /fedgov.dnb.com /webform/ 18.13.5. The Local Government's failure to comply with the above requirements is a material breach of this agreement for which the MnDOT may terminate this agreement for cause. The MnDOT will not be obligated to pay any outstanding invoice received from the Local Government unless and until the Local Government is in full compliance with the above requirements. [THE REMAINDER OF THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK.] 12 90 City of Columbia Heights Local Government certifies that the appropriate person(s) have executed the contract on behalf of the Local Government as required by applicable articles, bylaws, resolutions or ordinances By; Title Date By: Title: Date: MnDOT Contract No. 1029933 DEPARTMENT OF TRANSPORTATION By; Title: Date: COMMISSIONER OF ADMINISTRATION By; Date: Updated December 1, 2017 13 91 CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7K MEETING DATE DECEMBER 11, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Rental Housing Licenses DEPARTMENT: Fire CITY MANAGER'S APPROVAL: , BY /DATE: Gary Gorman BY /DATE: CITY STRATEGY: #6: Excellent Housing /Neighborhoods Additional Strategy? N/A SHORT TERM GOAL (IF APPLICABLE): N/A Additional Goal? N/A STAFF RECOMMENDATION: Approval of attached list of rental housing applications. RECOMMENDED MOTION(S): Move to approve the items listed for rental housing license applications for December 11, 2017, in that they have met the requirements of the Property Maintenance Code. ATTACHMENTS: Rental Licenses to Approve (TIFF) 92 List of Rental Lic to Approve by COLUMBIA HEIGHTS City Council 2017 FIRE D E F A R T M E N T 825 41st Avenue NE a Columbia Heights, MN 55421 t Inspections 763 - 706 -8156 a Fax 763 - 706 -8151 m fireinspections @ci.columbia - heights.mn.us 10031 3969 RESERVOIR BLVD NE MNSF Minneapolis 2 LLC F16430 6836 Morrison Blvd. $ 175.00 Charlotte, INC 28211 10345 4330 WASHINGTON ST NE MNSF Minneapolis, LLC F16431C 6836 Morrison Blvd. $ 175.00 Charlotte, NC 28211 12016 4212 WASHINGTON ST NE Luebesmier, Nicholas F16783 4212 WASHINGTON ST NE $ 175.00 Columbia Heights, MN 55421 30102 4640 POLK ST NE Sekizovic, Maumer F16830 PO Box 21314 $211.00 ------------------------------------------------- Columbia Heights, MN 55421 30148 4657 TYLER ST NE Bedane, Tsegaye F16131A 6949 Edington Circle $ 185.00 Shakopee, MN 55379 Total # of Licenses: 5 93 11/30/2017 14:14 Page 1 CH. COLUMBIA HEIGHTS AGENDA SECTION CONSENT AGENDA ITEM NO. 7L MEETING DATE DECEMBER 11, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: LICENSE AGENDA DEPARTMENT: COMMUNITY DEVELOPMENT CITY MANAGER'S APPROVAL: ;, q BY /DATE: DEC 6, 2017 BY /DATE: /L CITY STRATEGY: #1; Safe Community Additional Strategy? c s� an SHORT TERM GOAL (IF APPLICABLE): Additional Goal? choc:e.. BACKGROUND: BACKGROUND /ANALYSIS Attached is the business license agenda for the December 11, 2017 Council meeting. This agenda consists of applications for 2018 Contractor Licenses and 2018 Business Licenses. At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for December 11, 2017 as presented. ATTACHMENTS: 94 City of Columbia Heights - Council Letter TO CITY COUNCIL Dec 11, 2017 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES -2018 BLDG *Louis DeGideo Services *M & B Services *ProSigns LLC *Hugo Plumb & Pump *Dean's Professional PI *Ryan Co *DSM Excavating Co Inc *Corporate Mechanical *Vogel Mechanical Inc *K & S Heating & AC *Metro Heating *Norblom Plumbing *Genz Ryan PI & Htg *Major Mechanical *Standard Htg & AC *Aker Doors *Rice Lake Construction Gr *Wright Tree Service *John Koppi Tree Care *Neighborhood Tree *Mike's Dirtworks 21033 Heron Way, Lakeville 25817 Goldfinch Ave, Wyoming 12627 W Warren Ave, Detroit, MI 9600 180t" St N, Forest Lake 7400 Kirkwood Ct N, Maple Grove 533 So 3`" St #100, Mpls 2916 Enterprise Ave, Hastings 5114 Hillsboro Ave N, New Hope 2830 Fairview Ave N, Roseville 4205 Hwy 14 W, Rochester 1220 Cope Ave E, Maplewood 1465 Selby Ave, St Paul 2200 Highway 13 W, Burnsville 11201 86t" Ave N, Maple Grove 130 Plymouth Ave N, Mpls 17124 Ulysses St NE, Ham Lake 22360 County Rd 12, Deerwood, MN 5930 Grand Ave, W Des Moines 23868 167 "' St NW, Big Lake 5176 Hughes Ave, Fridley 6655 Northwoods LN, St Cloud CIGARETTE SALES -2018 *Columbia Market 4901 University Ave, Col. Hts GAMES OF SHILL * Jimmys Breaktime Billiards 4040 Central Ave POOL HALL *Jimmy's Breaktime Billiards 4040 Central Ave WINEBEER LICENSE *Jimmy's Breaktime Billiards 4040 Central Ave COURTESY BENCHES *US Bench Corp 3300 Snelling Ave, Mpls *Benchmark 8844 Central Ave, Fridley $80 $80 $80 $80 $80 $80 $80 $80 $80 $80 $80 $80 $80 $80 $80 $80 $80 $80 $80 $80 $80 $500 $345 $100 $2,400 $400 $250 95 Page 2 City of Columbia Heights - Council Letter PENDING APPROVAL FROM POLICE DEPT MASSAGE THERAPIST *Lil Glander- Healiing Bodyworks 5172 Central Ave $350 *Jianping Wan - Columbia Hts Massage /Sunny Massage 5019 Univ $350 MASSAGE BUSINESS *Healing Bodyworks (Ya Qing Liu) 5172 Central Ave $500 *Col. Hts Massage /Sunny Massage (Nicole Hunstad -new owner) 5019 University Ave, Col. Hts $750 GAMES OF SHILL *American Amusement Arcades 2100 W 96"' St, Bloomington $60 (El Tequila) TEMPORARY LIQUOR -2018 EVENTS *Immaculate Conception Church - Kathryn Fraser 4030 Jackson St $300 (for Feb and May events thus far) 96 Page 3 CO 2 w 2 m J 0 LL- O U {a NI r r H w Z m w 2 Z w U O ww Z O p w U ~ w CO Q O C) Z Z H w E w Oww Q t= 2 Z w w w U Z Z IL 0 N r r L E a) U a) 0 LL O _Z F- LU w J_ U Z Z) O U W 2 CD Q w F- 0 I Q Z Z 0 CO :E Z Q :D LL O LL O O >- w F- Z O Q D >- � OU U Y -O U N a) � L � U a) E E > U O a) U L "O >+ m Q Q U u� a) E a) U N o c a) CO � O a) W a) _ > Q m U O � U 0 U O U U a) a) 00 cn L � � Y m r r (n N p) d O U CU O a) ca O O +� a) C � o C.0 M "= LO m CO -O a) r a) U =_ CU E X 0 o a) U � � cu c a) M aD > �. N N a) L U E O -0 c E a) Q 2 c H rn $ co w - - - -Y El } / ! // m me | =w \\ \ j \» \\ \ \ u /I } } 2e f14 U) } } \0 /// I | °° } ) \ \° } I / % [(0 U) ! 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N/A SHORT TERM GOAL (IF APPLICABLE): N/A Additional Goal? N/A STAFF RECOMMENDATION: Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested regarding the property at: 2017 -131- 3989 Central Avenue NE for failure to meet the requirements of the Property Maintenance Code. RECOMMENDED MOTION(S): Move to close the public hearing and to waive the reading of Resolution Number 2017 -131, there being ample copies available to the public. Move to adopt Resolution Number 2017 -131, being resolution of the City Council of the City of Columbia Heights declaring the property listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. ATTACHMENTS: 2017 -131 Nuisance — 3989 Central Ave. 107 RESOLUTION NO. 2017 -131 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by 500 LLC (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 3989 Central Avenue N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on November 14, 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. That on October 9, 2017, an inspection was conducted on the property listed above. Inspectors found violations. A compliance order was sent via regular mail to the owner at the address. 2. That on November 9, 2017, inspectors re- inspected the property listed above. Inspectors noted that violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on November 30, 2017, inspectors re- inspected the property and found that violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall repair bricks falling off of north side of building. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(6). CONCLUSIONS OF COUNCIL 1. That the property located at 3989 Central Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. W1.1 ORDER OF COUNCIL 1. The property located at 3989 Central Avenue N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this 11th day of December, 2017 Offered by: Seconded by: Roll Call: Donna Schmitt, Mayor Attest: Katie Bruno, City Clerk /Council Secretary WIN �,� I COLUMBIA HEIGHTS AGENDA SECTION PUBLIC HEARING ITEM NO. 8B MEETING DATE DECEMBER 11, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Resolution No. 2017 -129, a Conditional Use Permit for a religious facility /place of worship on the property located at 3836 Stinson Blvd. DEPARTMENT: Community Development CITY MANAGER'S APPROVAL: / BY /DATE: Elizabeth Holmbeck, December 7, 2017 BY /DATE: CITY STRATEGY: #1; Safe Community Additional Strategy? N/A SHORT TERM GOAL (IF APPLICABLE): N/A Additional Goal? N/A BACKGROUND: On behalf of the Minnesota Family Church and Holy Spirit Association for the Unification of World Christianity, Keith Anderson has submitted a request for a Conditional Use Permit to allow a Religious Facility /Place of Worship to operate on the property located at 3836 Stinson Blvd. NE. The property previously was home to the First Security Bank Building, which has been vacant since the summer of 2012 and demolished in January 2016. The property has remained vacant since that time. The applicant is proposing to build a 14,152 sq. ft. building, which will house a 202 person capacity sanctuary, as well as office spaces, a gymnasium, kitchen, education room, lounge and indoor and outdoor gathering spaces. Staff's review of the proposed Conditional Use Permit is outlined in the attached Planning Report. The applicant went before the Planning and Zoning Commission on December 5, 2017 with their request for a Conditional Use Permit and Site Plan Review (associated with construction of the church). At the meeting, the proposed Site Plan was unanimously approved by the Planning and Zoning Commission. The Planning and Zoning Commission unanimously voted to recommend that the City Council approve the proposed Conditional Use Permit. STAFF RECOMMENDATION: Staff recommends approval of the proposed Conditional Use Permit for the property located at 3836 Stinson Blvd., subject to certain conditions. RECOMMENDED MOTION(S): Motion: Waive the reading of Resolution No. 2017 -129, there being ample copies available to the public. Motion: Move to approve Resolution No. 2017 -129, being a resolution approving a Conditional Use Permit subject to certain conditions of approval. 1. The building and site shall meet all requirements found in the Fire Code and the Building Code. 2. All other applicable local, state, and federal requirements shall be met at all times. 3. All City Storm Water Management requirements, as well as Rice Creek Watershed requirements, shall be achieved for this property. Provide the City with a copy of required Rice Creek Watershed permit including any review comments prior to site grading beginning. 110 City of Columbia Heights - Council Letter Page 2 4. Site and elevation plans included in this submittal, dated November 3, 2017 shall become part of this approval. An approved site plan may not be changed or modified without the approval of the City Zoning Administrator. If the proposed change is determined by the Zoning Administrator to be minor in nature, a revised site plan may not be required. In all other cases, a revised site plan shall be submitted for review and approval in accordance with this section. The approval of a site plan by the Planning and Zoning Commission shall be valid for a period of one year. 5. Trash and /or recycling collection areas shall be enclosed on at least three sides by an opaque screening wall or fence no less than six feet in height. The open side of the enclosure shall not face any public street or the front yard of any adjacent property. 6. Mechanical equipment shall be placed and /or screened so as to minimize the visual impact on adjacent properties and from public streets. Screening may be accomplished through the use of walls or other design features that are architecturally compatible with the principal structure, screening vegetation, integrated parapet walls of sufficient height, or other means as approved by the Zoning Administrator. 7. All exterior lighting shall be downcast so as not to adversely impact neighboring residential properties. The applicant must submit a detailed lighting plan showing fixture type, wattage, light source, location and elevation along with site point by point showing footcandles. The plan shall be submitted to the Building Official for review prior to construction. 8. The Parking lot (along south side of property from McKinley St. to Stinson Blvd.) shall be screened between the adjacent residential building, (setback area) with fencing and /or landscaping no less than six feet in height that is 80% opaque on a year round basis. 9. All setback areas shall be landscaped with grass, vegetation or other landscape material. The front yard setback area (along Stinson Blvd. and McKinley Street) shall have a vegetative screen no less than 30 inches in height that is 80% opaque on a year round basis. 10. The Developer shall meet the requirements outlined in the attached report from the Public Works Director /City Engineer, dated November 28, 2017. 11. The applicant will enter in to a Development Agreement with the City of Columbia Heights, which will govern construction methods and timing, as well as the establishment of public and quasi - public infrastructure. The Development Agreement must be approved by the City of Columbia Heights before construction can commence. The Developer must satisfy engineering and site development requirements outlined in the Development Contract for to be approved by the City Council at a later date, and prior to construction. 12. A location on the subject property must be designated for snow removal. All snow storage is strictly prohibited from being stored in or on top of the storm water ponding area. 13. The attached Landscape Plan, dated November 3, 2017, indicates landscaping improvements to the site. All landscaping indicated on the submitted landscape plan and established under condition 8 and 9 above, will be installed no later than 4 months after the building is operational, or from such time a Certificate of Occupancy is issued. 14. Stop signs will be added at the development driveway exit(s). 15. A Fire Suppression System shall be installed in accordance with (NFPA) National Fire Protection Association, (Chapter 13). A plan must be submitted to the Building Official for review prior to construction. 16. The existing pylon sign located on the east side of the subject property must be removed and replaced with a code compliant monument sign. A sign permit shall be submitted to the Community Development Department for review and must be obtained to install the monument sign. The monument sign must be installed no later than 4 months after the building is operational, or from such time a Certificate of Occupancy is issued. 17. The applicant is responsible for writing and recording easements over the drainage and utilitij�s, storm City of Columbia Heights - Council Letter Page 3 water retention pond, and public trail. Easements must be recorded with the Anoka County Recorder's Office. The Site Plan must be updated to reflect the easements. A copy of recorded easements must be submitted to the City. 18. No parking is allowed on Stinson Blvd. Any overflow parking must be on McKinley St., when on- street parking is permitted. If parking and on -site traffic circulation becomes an issue, the applicant will submit a traffic management and parking plan to the Director of Public Works for review. 19. The facility shall be served by a minor collector or higher functional classification of roadway. 20. The parcel upon which the use is located shall have a lot area no less than four times the area of the building footprint. 21. To the extent practical, new construction or additions to existing buildings shall be complementary and compatible with the scale and character of the surroundings and exterior materials shall be compatible with those used in the immediate neighborhood. 22. An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. 23. All accessory residential, school or day care uses shall be subject to the provisions of this article. ATTACHMENTS: Resolution No. 2017 -129 Planning Report Application Applicant's Narrative Location Map Public Works /Engineering Department Report Site Plans MU RESOLUTION NO. 2017 -129 A resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Conditional Use Permit for a Religious Facility /Place of Worship on the property located at 3836 Stinson Blvd. NE. Whereas, a proposal (Case # 2017 -1201) has been submitted by Keith Anderson on behalf of the Minnesota Family Church and Holy Spirit Association for the Unification of World Christianity, to the City Council requesting a Conditional Use Permit from the City of Columbia Heights at the following site: ADDRESS: 3836 Stinson Blvd. NE., Columbia Heights, MN 55421 (PID: 36- 30 -24 -44 -0007) LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING: A Conditional Use Permit per Code Section 9.104 (H), to allow for a religious facility /place of worship on the property located at 3836 Stinson Blvd. NE. Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on December 5th, 2017; Whereas, the City Council has considered the advice and recommendations of the Planning and Zoning Commission regarding the effect of the proposed Conditional Use Permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; Now, therefore, be it resolved, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT Section 9.104 (H) of the Zoning Ordinance outlines nine conditions that must be met in order forthe City Council to grant a Conditional Use Permit. They are as follows: (a) The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. (c) The use will not impose hazards or disturbing influences on neighboring properties. (d) The use will not substantially diminish the use of property in the immediate vicinity. (e) The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. (g) Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on -site circulation of traffic. 113 (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses is the immediate vicinity. (i) The use complies with all other applicable regulations for the district in which it is located. Further, be it resolved, that the attached plans, maps, and other information shall become part of this Conditional Use Permit and approval; and in granting this Conditional Use Permit the City and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. The Conditional Use Permit is subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: CONDITIONS 1. The building and site shall meet all requirements found in the Fire Code and the Building Code. 2. All other applicable local, state, and federal requirements shall be met at all times. 3. All City Storm Water Management requirements, as well as Rice Creek Watershed requirements, shall be achieved for this property. Provide the City with a copy of required Rice Creek Watershed permit including any review comments prior to site grading beginning. 4. Site and elevation plans included in this submittal, dated November 3, 2017 shall become part of this approval. An approved site plan may not be changed or modified without the approval of the City Zoning Administrator. If the proposed change is determined by the Zoning Administrator to be minor in nature, a revised site plan may not be required. In all other cases, a revised site plan shall be submitted for review and approval in accordance with this section. The approval of a site plan by the Planning and Zoning Commission shall be valid for a period of one year. 5. Trash and /or recycling collection areas shall be enclosed on at least three sides by an opaque screening wall or fence no less than six feet in height. The open side of the enclosure shall not face any public street or the front yard of any adjacent property. 6. Mechanical equipment shall be placed and /or screened so as to minimize the visual impact on adjacent properties and from public streets. Screening may be accomplished through the use of walls or other design features that are architecturally compatible with the principal structure, screening vegetation, integrated parapet walls of sufficient height, or other means as approved by the Zoning Administrator. 7. All exterior lighting shall be downcast so as not to adversely impact neighboring residential properties. The applicant must submit a detailed lighting plan showing fixture type, wattage, light source, location and elevation along with site point by point showing footcandles. The plan shall be submitted to the Building Official for review prior to construction. 8. The Parking lot (along south side of property from McKinley St. to Stinson Blvd.) shall be screened between the adjacent residential building, (setback area) with fencing and /or landscaping no less than six feet in height that is 80% opaque on a year round basis. 9. All setback areas shall be landscaped with grass, vegetation or other landscape material. The front yard setback area (along Stinson Blvd. and McKinley Street) shall have a vegetative screen no less than 30 inches in height that is 80% opaque on a year round basis. 10. The Developer shall meet the requirements outlined in the attached report from the Public Works Director /City Engineer, dated November 28, 2017. 11. The applicant will enter in to a Development Agreement with the City of Columbia Heights, which will govern construction methods and timing, as well as the establishment of public and quasi - public infrastructure. The Development Agreement must be approved by the City of Columbia Heights before construction can commence. The Developer must satisfy engineering and site development requirements outlined in the Development Contract for to be approved by the City Council at a later date, and prior to construction. 12. A location on the subject property must be designated for snow removal. All snow storage is strictly 114 prohibited from being stored in or on top of the storm water ponding area. 13. The attached Landscape Plan, dated November 3, 2017, indicates landscaping improvements to the site. All landscaping indicated on the submitted landscape plan and established under condition 8 and 9 above, will be installed no later than 4 months after the building is operational, or from such time a Certificate of Occupancy is issued. 14. Stop signs will be added at the development driveway exit(s). 15. A Fire Suppression System shall be installed in accordance with (NFPA) National Fire Protection Association, (Chapter 13). A plan must be submitted to the Building Official for review prior to construction. 16. The existing pylon sign located on the east side of the subject property must be removed and replaced with a code compliant monument sign. A sign permit shall be submitted to the Community Development Department for review and must be obtained to install the monument sign. The monument sign must be installed no later than 4 months after the building is operational, or from such time a Certificate of Occupancy is issued. 17. The applicant is responsible for writing and recording easements over the drainage and utilities, storm water retention pond, and public trail. Easements must be recorded with the Anoka County Recorder's Office. The Site Plan must be updated to reflect the easements. A copy of recorded easements must be submitted to the City. 18. No parking is allowed on Stinson Blvd. Any overflow parking must be on McKinley St., when on- street parking is permitted. If parking and on -site traffic circulation becomes an issue, the applicant will submit a traffic management and parking plan to the Director of Public Works for review. 19. The facility shall be served by a minor collector or higher functional classification of roadway. 20. The parcel upon which the use is located shall have a lot area no less than four times the area of the building footprint. 21. To the extent practical, new construction or additions to existing buildings shall be complementary and compatible with the scale and character of the surroundings and exterior materials shall be compatible with those used in the immediate neighborhood. 22. An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. 23. All accessory residential, school or day care uses shall be subject to the provisions of this article. ORDER OF COUNCIL Passed this 11th day of December, 2017. Offered by: Seconded by: Roll Call: Donna Schmitt, Mayor Attest Katie Bruno, City Clerk /Council Secretary 115 0 COLUMBIA HEIGHTS CITY OF COLUMBIA HEIGHTS PLANNING AND ZONING COMMISSION PLANNING REPORT CASE NUMBER: 2017 -1201 DATE: December 5, 2017 TO: Columbia Heights Planning and Zoning Commission APPLICANT: Keith Anderson, MN Family Church and HSA -UWC DEVELOPMENT: Religious Facility /Place of Worship LOCATION: 3836 Stinson Blvd. NE., Columbia Heights, MN 55421 REQUEST: Conditional Use Permit and Site Plan Review PREPARED BY: Elizabeth Holmbeck, City Planner INTRODUCTION On behalf of the Minnesota Family Church and Holy Spirit Association for the Unification of World Christianity, Keith Anderson has submitted two land use applications; a Conditional Use Permit request to allow a Religious Facility /Place of Worship and a Site Plan Review request for the property located at 3836 Stinson Blvd. NE. The property previously was home to the First Security Bank Building, which has been vacant since the summer of 2012 and demolished in January 2016. The property has remained vacant since that time. The applicant is proposing to build a 14,152 sq. ft. building, which will house a 202 person capacity sanctuary, as well as office spaces, a gymnasium, kitchen, education room, lounge and indoor and outdoor gathering spaces. Staff's review of the proposed Conditional Use Permit and Site Plan are outlined below. ZONING ORDINANCE The property located at 3836 Stinson Blvd. NE. is located in the (LB) Limited Business Commercial Zoning District. The properties located to the north and south are located in the Limited Business Commercial Zoning District. The properties to the west are zoned in the Pubic Open Space District and the R -3, Multiple Family Residential District. The properties to the east are located in the Village of St. Anthony. A religious facility /place of worship requires a Conditional Use Permit, and the proposed new building associated with the church, is required to be reviewed by the Planning and Zoning Commission for compliance with the provisions of the Zoning Code. 3836 Stinson Blvd. NE. 116 City of Columbia Heights Planning and Zoning Commission December 5, 2017 Planning Report Page 2 COMPREHENSIVE PLAN The Comprehensive Plan guides this property for High Density Residential Land -Use. Also, the Comprehensive Plan designates this property and the surrounding area as an area of opportunity, where change in the community is anticipated to occur based on previous analysis of existing conditions in the City, and future community needs. These areas of opportunity have general guidelines or suggestions for the type of development that could be considered if development were to occur. This area is called to provide additional housing, employment, commercial and retail opportunities. The Comprehensive Plan notes that flexibility is required to accommodate future market conditions and community needs. While the proposal is not specifically for high density residential as the future land use designation calls for, the proposal for a religious facility is considered a Conditional Use in the City's Zoning Code and therefore permitted on the property. Also, the Comprehensive Plan's land use designations are meant to be a guide for the general type of development, where the Zoning Code provides more specific direction on development types. The Comprehensive Plan calls for greater pedestrian and bicyclists connections throughout the City. The City recently reconstructed Stinson Boulevard from 37th Avenue NE to Silver Lane. The reconstruction included a bituminous trail along Stinson Boulevard from 37th Place to 40th Avenue NE. The proposed development will include a public trail on the parcel, which will enhance the pedestrian and transit connections to the surrounding area and newly reconstructed Stinson Boulevard. Stinson Boulevard and 37th Avenue NE., just south of the subject property, is a major roadway within the community. Since this is considered a gateway to the City, development at this intersection should be attractive and facilitate commercial and retail opportunities. The proposed Religious Facility /Place of Worship could help to enhance the economic viability of the area by occupying a longstanding vacant property, and bringing additional people to the area. DESIGN GUIDELINES The subject property is not located in the Design Guideline Overlay District and as such, is not governed by the Design Guideline standards. SITE PLAN The site will be served by two access points; one off Stinson Boulevard and an additional access on McKinley Street. An access point is provided on McKinley Street which will be used exclusively for trash pick -up. The proposed plan identifies 58 parking stalls for the development. Staff believes this number is adequate, as it meets and slightly exceeds the minimum zoning requirement for Religious Facilities /Places of Worship which is 1 parking space for every 3.5 seats in the main assembly area. The plan indicates that the main assembly area 117 City of Columbia Heights Planning and Zoning Commission December 5, 2017 Planning Report Page 3 will accommodate 202 seats. By this standard the proposal is required to have 57.7 parking stalls. Overall staff believes that the parking plan will function adequately. The proposed landscaping materials are shown on the attached Landscape Plan. The applicant is proposing a storm water retention pond to be located on the northwest corner of the parcel. The applicant is proposing to plant trees and shrubs which will complement the layout of the development. The proposed development will be within close proximity to Prestemon Park. The bituminous trail which will span the north end of the parcel from Stinson Boulevard to McKinley St. will provide pedestrian connectivity to nearby green space and commercial amenities within the surrounding area. The proposed site plan meets the City's lot dimension, height and setback requirements. Also the proposal meets the City's Specific Development Standards for a religious facility /place of worship. The current signage on the property is a pylon sign from when the bank was in operation. Staff has added a condition that the pylon sign be removed and replaced with a code compliant monument sign. FINDINGS OF FACT Section 9.104 (H) of the Zoning Ordinance outlines nine conditions that must be met in order for the City Council to grant a Conditional Use Permit. They are as follows: (a) The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. A religious facility /place of worship is specifically listed as a Conditional Use in the Limited Business Zoning District. (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. In general staff believes this to be correct. While the proposal is not specifically for high density residential as the future land use designation calls for, the proposal for a religious facility is considered a Conditional Use in the City's Zoning Code and therefore permitted on the property. The Comprehensive Plan's land use designations are meant to be a guide for the general type of development, where the Zoning Code provides more specific direction on development types. (c) The use will not impose hazards or disturbing influences on neighboring properties. Due to the fact that the proposed use meets the requirements of the City's Zoning Code, it appears that the use will not impose any hazards or disturbing influences on neighboring properties. Recommended conditions of approval have been added to mitigate negative impacts. The applicant has stated that the approximate hours of operation will be: Church 118 City of Columbia Heights Planning and Zoning Commission December 5, 2017 Planning Report Page 4 employee(s) Tuesday- Saturday 9:00 a. m. — 6:00 p. m., Wednesday 9:00 0. m. — 9:30 p. m., and Sunday 8:00 a.m. — 3:00 p.m. Staff believes that these hours are reasonable and shouldn't have disturbing influences on neighboring properties. (d) The use will not substantially diminish the use of property in the immediate vicinity. Staff feels that to the contrary, as the parcel has been vacant for some time, since the former bank in operation closed and it appears that the trend for commercial development in the immediate vicinity has not been substantially growing, it appears that the proposed church will be appropriate for the area. The surrounding uses are primarily medium to higher density residential, commercial /retail and open green space. Staff does not anticipate that the proposed use will diminish the use of the property in the immediate vicinity. Finally, the visitors to the church, could likely help to bring additional activity and vibrancy to the surrounding commercial and retail establishments. (e) The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. The Development Review Team has reviewed the proposal and overall believes the proposal to be fairly attractive and compatible with the surrounding area. Due to the nature of the use, staff does not anticipate the church to operate in such a way as to be incompatible with the surrounding area. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. This is correct. (g) Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on -site circulation of traffic. The site will continue to utilize the existing ingress /egress routes. It appears that the site has adequate space for on -site traffic circulation. (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. There is no anticipated negative cumulative effect associated with the addition of the church at the subject property. Staff has added 23 recommended conditions to the permit to mitigate any potential impacts of the use. 119 City of Columbia Heights Planning and Zoning Commission December 5, 2017 Planning Report Page 5 (i) The use complies with all other applicable regulations for the district in which it is located. This is correct. Section 9.104 (N) of the Zoning Ordinance outlines four findings of fact that must be met in order for the City to approve a Site Plan. They are as follows: a. The Site Plan conforms to all applicable requirements of this article. The applicable Zoning Code requirements are achieved. b. The Site Plan is consistent with the applicable provisions of the City's Comprehensive Plan. in general staff believes this to be correct. While the proposal is not specifically for high density residential as the future land use designation calls for, the proposal for a religious facility is considered a Conditional Use in the City's Zoning Code and therefore permitted on the property. The Comprehensive Plan's land use designations are meant to be a guide for the general type of development, where the Zoning Code provides more specific direction on development types. c. The Site Plan is consistent with any applicable area plan. There is no area plan for this parcel. d. The Site Plan minimizes any adverse impacts on property in the immediate vicinity and the public right -of -way. The proposed Site Plan meets all the minimum setback requirements and general development standards outlined in the Zoning Code. Therefore, the properties in the immediate vicinity of the proposed development should not be adversely impacted. IM City of Columbia Heights Planning and Zoning Commission December 5, 2017 Planning Report Page 6 RECOMMENDATION — Conditional Use Permit (The Planning and Zoning Commission must make a recommendation to the City Council on the Conditional Use Permit). Staff recommends approval of the proposed Conditional Use Permit for the property located at 3836 Stinson Blvd., subject to certain conditions. (If the Planning and Zoning Commission recommends approval of the Conditional Use Permit, please use the recommended motions below). Motion: Move to waive the reading of Resolution No. 2017 -129, there being ample copies to the public. Motion: Move to recommend that the City Council approve the Conditional Use Permit for a religious facility at 3836 Stinson Blvd., subject to the following conditions: 1. The building and site shall meet all requirements found in the Fire Code and the Building Code. 2. All other applicable local, state, and federal requirements shall be met at all times. 3. All City Storm Water Management requirements, as well as Rice Creek Watershed requirements, shall be achieved for this property. Provide the City with a copy of required Rice Creek Watershed permit including any review comments prior to site grading beginning. 4. Site and elevation plans included in this submittal, dated November 3, 2017 shall become part of this approval. An approved site plan may not be changed or modified without the approval of the City Zoning Administrator. If the proposed change is determined by the Zoning Administrator to be minor in nature, a revised site plan may not be required. In all other cases, a revised site plan shall be submitted for review and approval in accordance with this section. The approval of a site plan by the Planning and Zoning Commission shall be valid for a period of one year. 5. Trash and /or recycling collection areas shall be enclosed on at least three sides by an opaque screening wall or fence no less than six feet in height. The open side of the enclosure shall not face any public street or the front yard of any adjacent property. 6. Mechanical equipment shall be placed and /or screened so as to minimize the visual impact on adjacent properties and from public streets. Screening may be accomplished through the use of walls or other design features that are architecturally compatible with the principal structure, screening vegetation, integrated parapet walls of sufficient height, or other means as approved by the Zoning Administrator. All exterior lighting shall be downcast so as not to adversely impact neighboring residential properties. The applicant must submit a detailed lighting plan showing fixture type, wattage, light source, location and elevation along with site point by point showing footcandles. The plan shall be submitted to the Building Official for review prior to construction. 8. The Parking lot (along south side of property from McKinley St. to Stinson Blvd.) shall be screened between the adjacent residential building, (setback area) with fencing and /or landscaping no less than six feet in height that is 80% opaque on a year round basis. 9. All setback areas shall be landscaped with grass, vegetation or other landscape material. 121 City of Columbia Heights Planning and Zoning Commission December 5, 2017 Planning Report Page 7 The front yard setback area (along Stinson Blvd. and McKinley Street) shall have a vegetative screen no less than 30 inches in height that is 80% opaque on a year round basis. 10. The Developer shall meet the requirements outlined in the attached report from the Public Works Director /City Engineer, dated November 28, 2017. 11. The applicant will enter in to a Development Agreement with the City of Columbia Heights, which will govern construction methods and timing, as well as the establishment of public and quasi - public infrastructure. The Development Agreement must be approved by the City of Columbia Heights before construction can commence. The Developer must satisfy engineering and site development requirements outlined in the Development Contract for to be approved by the City Council at a later date, and prior to construction. 12. A location on the subject property must be designated for snow removal. All snow storage is strictly prohibited from being stored in or on top of the storm water ponding area. 13. The attached Landscape Plan, dated November 3, 2017, indicates landscaping improvements to the site. All landscaping indicated on the submitted landscape plan and established under condition 8 and 9 above, will be installed no later than 4 months after the building is operational, or from such time a Certificate of Occupancy is issued. 14. Stop signs will be added at the development driveway exit(s). 15. A Fire Suppression System shall be installed in accordance with (NFPA) National Fire Protection Association, (Chapter 13). A plan must be submitted to the Building Official for review prior to construction. 16. The existing pylon sign located on the east side of the subject property must be removed and replaced with a code compliant monument sign. A sign permit shall be submitted to the Community Development Department for review and must be obtained to install the monument sign. The monument sign must be installed no later than 4 months after the building is operational, or from such time a Certificate of Occupancy is issued. 17. The applicant is responsible for writing and recording easements over the drainage and utilities, storm water retention pond, and public trail. Easements must be recorded with the Anoka County Recorder's Office. The Site Plan must be updated to reflect the easements. A copy of recorded easements must be submitted to the City. 18. No parking is allowed on Stinson Blvd. Any overflow parking must be on McKinley St., when on- street parking is permitted. If parking and on -site traffic circulation becomes an issue, the applicant will submit a traffic management and parking plan to the Director of Public Works for review. 19. The facility shall be served by a minor collector or higher functional classification of roadway. 20. The parcel upon which the use is located shall have a lot area no less than four times the area of the building footprint. 21. To the extent practical, new construction or additions to existing buildings shall be complementary and compatible with the scale and character of the surroundings and exterior materials shall be compatible with those used in the immediate neighborhood. 22. An appropriate transition area between the use and adjacent property shall be provided 122 City of Columbia Heights Planning and Zoning Commission December 5, 2017 Planning Report Page 8 by landscaping, screening or other site improvements consistent with the character of the neighborhood. 23. All accessory residential, school or day care uses shall be subject to the provisions of this article. RECOMMENDATION — Site Plan (The Planning and Zoning Commission has the authority to approve or deny the Site Plan). Staff recommends approval of the proposed Site Plan for the property located at 3836 Stinson Blvd., subject to certain conditions. (If the Planning and Zoning Commission approves the Site Plan, please use the recommended motions below). Motion: Move to waive the reading of Resolution No. 2017 -PZ05, there being ample copies available to the public. Motion: Move to adopt Resolution No. 2017 -PZ05, being a resolution approving a Site Plan, for a religious facility at 3836 Stinson Blvd., subject to the following conditions: 1. The building and site shall be meet all requirements found in the Fire Code and the Building Code. 2. All other applicable local, state, and federal requirements shall be met at all times. 3. All City Storm Water Management requirements, as well as Rice Creek Watershed requirements, shall be achieved for this property. Provide the City with a copy of required Rice Creek Watershed permit including any review comments prior to site grading beginning. 4. Site and elevation plans included in this submittal, dated November 3, 2017 shall become part of this approval. An approved site plan may not be changed or modified without the approval of the City Zoning Administrator. If the proposed change is determined by the Zoning Administrator to be minor in nature, a revised site plan may not be required. In all other cases, a revised site plan shall be submitted for review and approval in accordance with this section. The approval of a site plan by the Planning and Zoning Commission shall be valid for a period of one year. 5. Trash and /or recycling collection areas shall be enclosed on at least three sides by an opaque screening wall or fence no less than six feet in height. The open side of the enclosure shall not face any public street or the front yard of any adjacent property. 6. Mechanical equipment shall be placed and /or screened so as to minimize the visual impact on adjacent properties and from public streets. Screening may be accomplished through the use of walls or other design features that are architecturally compatible with the principal structure, screening vegetation, integrated parapet walls of sufficient height, or other means as approved by the Zoning Administrator. 7. All exterior lighting shall be downcast so as not to adversely impact neighboring residential properties. The applicant must submit a detailed lighting plan showing fixture type, wattage, light source, location and elevation along with site point by point showing footcandles. The plan shall be submitted to the Building Official for review prior to construction. 123 City of Columbia Heights Planning and Zoning Commission December 5, 2017 Planning Report Page 9 8. The Parking lot (along south side of property from McKinley St. to Stinson Blvd.) shall be screened between the adjacent residential building (setback area), with fencing and /or landscaping no less than six feet in height that is 80% opaque on a year round basis. 9. All setback areas shall be landscaped with grass, vegetation or other landscape material. The front yard setback area (along Stinson Blvd. and McKinley Street) shall have a vegetative screen no less than 30 inches in height that is 80% opaque on a year round basis. 10. The Developer shall meet the requirements outlined in the attached report from the Public Works Director /City Engineer, dated November 28, 2017. 11. The applicant will enter in to a Development Agreement with the City of Columbia Heights, which will govern construction methods and timing, as well as the establishment of public and quasi - public infrastructure. The Development Agreement must be approved by the City of Columbia Heights before construction can commence. The Developer must satisfy engineering and site development requirements outlined in the Development Contract for to be approved by the City Council at a later date, and prior to construction. 12. A location on the subject property must be designated for snow removal. All snow storage is strictly prohibited from being stored in or on top of the storm water ponding area. 13. The attached Landscape Plan, dated November 3, 2017, indicates landscaping improvements to the site. All landscaping indicated on the submitted landscape plan and established under condition 8 and 9 above, will be installed no later than 4 months after the building is operational, or from such time a Certificate of Occupancy is issued. 14. Stop signs will be added at the development driveway exit(s). 15. A Fire Suppression System shall be installed in accordance with (NFPA) National Fire Protection Association, (Chapter 13). A plan must be submitted to the Building Official for review prior to construction. 16. The existing pylon sign located on the east side of the subject property must be removed and replaced with a code compliant monument sign. A sign permit shall be submitted to the Community Development Department for review and must be obtained to install the monument sign. The monument sign must be installed no later than 4 months after the building is operational, or from such time a Certificate of Occupancy is issued. 17. The applicant is responsible for writing and recording easements over the drainage and utilities, storm water retention pond, and trail. Easements must be recorded with the Anoka County Recorder's Office. The Site Plan must be updated to reflect the easements. A copy of recorded easements must be submitted to the City. 18. No parking is allowed on Stinson Blvd. Any overflow parking must be on McKinley St., when on- street parking is permitted. If parking and on -site traffic circulation becomes an issue, the applicant will submit a traffic management and parking plan to the Director of Public Works for review. 19. The facility shall be served by a minor collector or higher functional classification of roadway. 20. The parcel upon which the use is located shall have a lot area no less than four times the area of the building footprint. 124 City of Columbia Heights Planning and Zoning Commission December 5, 2017 Planning Report Page 10 21. To the extent practical, new construction or additions to existing buildings shall be complementary and compatible with the scale and character of the surroundings and exterior materials shall be compatible with those used in the immediate neighborhood. 22. An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. 23. All accessory residential, school or day care uses shall be subject to the provisions of this article. ATTACHMENTS Resolution No. 2017 -129 (Conditional Use Permit) Resolution No. 2017 -PZ05 (Site Plan) Applications Applicant's Narrative Location Map Public Works /Engineering Department Report Site Plans 125 COLUMBIA 0 HEIGHTS Community Development Department 590 401 Ave. NE, Columbia Heights, MN 5542`_ i.VIV .ii i i l/�(L 1� R'C�6iii6� iR`�L.iC i i �V - yr Elii`�iAN itiC}. �.3iv4 (H) This application is subiect to review and acceptance by the City. Applications will be processed only if all required items are submitted. i PROPERTY INFORMATION Project Address /Location: 3836 Stinson Boulevard, Columbia Heights, Mile' _ Legal Description of property: Lots 4 & 5, Block 1, Walton's Sunny Acres 2n' Addition to Columbia Heights Anoka County PID:36- 30 -24 -44 -0007 Present use of property: Vacant Land Proposed conditional use of property: Religious Facility /Place of Worship PROPERTY OWNER (As it appears on property title): Company /Individual (please print): Salad Investments, LLC Contact Person (please print): Dr. Mohammad Salad Mailing Address: 3195 Magnolia Drive City: Medina State: MN Zip: 55340 ! Daytime Phone: 612- 743 -6181 Cell Phone: 612 - 743 -6181 E -mail Address: msaladn @gmail.com , I Signature /Date: APPLICANT: Company /Individual (please print): Holy Spirit Association for the Unification of World Christianitv (HSA -UWC Contact Person (please print): Keith Anderson Mailing Address: 8549 Forestview Lane N City: Maple Grove State: MN Zip: 55369 Daytime Phone: 612 - 251 -9522 Cell Phone: 612 - 251 -9522 E -mail Address: trueson @hotmail.com Signature./Date: L. ��,� //p .j - ,�10/ Paee 2. c; 2 126 Honorable Members of the Planning & Zoning Commission Honorable Members of the Columbia Heights City Council, We respectfully submit our Conditional Use and Site Plan applications and invite your input and counsel on our site and landscaping plans and proposed building; we believe they conform to all applicable site plan requirements, are consistent with the city's comprehensive plan, and reflect what will be a welcome addition to the community -- one that compliments the surroundings, will be a welcome sight to those enjoying Prestermon Park and to our St. Anthony neighbors to the east. The exterior, while contemporary, is designed to have an enduringly pleasing look that we trust will speak well for the City of Columbia Heights. Our choice of materials ensures that our building's shell and exterior will be solid, safe, energy efficient, long- lasting and easily maintained to a high standard. Our previous home of more than 25 years on the U of M campus (which we outgrew) stood as a testimony to our commitment to preserving the integrity and quality of the community in which we lived, worked and worshipped. The interior is designed with great flexibility in mind, driven by our congregation's sincere desire to serve the greater community in a wide variety of faith - based, educational, social and recreational activities. Although we shall always welcome our neighbors with open doors and hearts, we will also always respect those who live in the apartments to the north, south and west of our property by being quiet and by maintaining our property to a high standard. As a family- oriented congregation with most of our members and guests carpooling to our services and activities our parking lot will be more than adequate; with driveway entrances /exits on both Stinson Boulevard and McKinley Street our use of those streets will have no adverse impacts on property in the immediate vicinity or the public right -of -way. Overall, we are confident that you will find that our property and personal contributions will add value to the city. We sincerely look forward to receiving your approvals and to one day in the not - too - distant future being responsible citizens of Columbia Heights. Very Truly Yours, keithf P.. Anderson Keith Anderson Project Manager for the Minnesota Family Church and HSA -UWC November 6, 2017 127 A tgt?Nlll A, 3836 STINSON 4J '1I 11 I - - Arw.[PFilo Flo .prngcf,!0*4 83 �r 128 CITY OF COLUMBIA HEIGHT Public Works Department TO: ELIZABETH HOLMBECK CITY PLANNER FROM: KEVIN HANSEN PUBLIC WORKS DIRECTOR /CITY ENGINEER LAUREN LETSCHE STORMWATER SPECIALIST DATE: November 28, 2017 SUBJECT: 3836 Stinson Development Proposal I have reviewed the final plan submittal packet dated 11/3/2017, and have the following requirements /comments for final approval by PW /Engineering: General / Plat • The City shall require a pre- construction conference prior to any land alteration activities beginning. • The maintenance of the storm sewer BMP shall be defined in a separate planning document and will require an easement. • Provide an easement for the trail on the north side of the property. • Comments herein are based on preliminary plans. Additional comments /requirements may occur from the construction plan set. Grading • Please provide the City with a copy of Site NPDES Construction Permit. • Please provide an erosion control plan meeting City requirements. • Perimeter and entrance erosion control measures shall be installed and inspected by the Engineering department prior to site grading activities beginning. Coordinate erosion control measures with the Engineering department if building construction is initiated prior general site grading. • Site access during construction shall be limited to McKinley Street. • All slopes greater than 4:1 shall be provided erosion control blanket. • Catch basin inlet protection, such as Wimco's or equivalent shall be provided on catch basins until restoration is completed. The low point CB's immediately adjacent to the Development (McKinley) shall also be protected. ROW / Utilities • All utilities serving the Development shall be privately owned and maintained. All 129 utilities (water main, sanitary sewer and storm sewer), shall meet the City of Columbia Heights specifications for materials and installation. • Site /Civil work shall be inspected by the City Engineering Department (connection to existing utility system). 24 -hour advance notice of an inspection is required. • The sanitary sewer service should be televised to verify the integrity of the pipe from the main. • Please show the gate valve on plan for the water service off of Stinson. • The Storm Water Plan generally meets the requirements of the City for rate control. • The catch basin manhole prior to the pond flared end should be a sump to provide some removal of coarse grain sediment. We would also recommend that the curb opening with riprap be changed to a catch basin discharging rerouted to discharge to the above CBMH. • Provide the City with a copy of required Rice Creek Watershed permit including any review comments prior to site grading beginning. • The plan does not detail the water service disconnects in McKinley. Please indicate how the disconnects will be accomplished. • Adjust any City utilities to proposed development grades. • Please add 'stop' signs at the development driveway exit(s). • Provide a set of as -built drawings meeting City requirements at the completion of site /civil construction in both hardcopy and electronic (pdf) format. • All stormwater best management practices (BMP's) need to be placed in designated drainage and utility easements. • The development contract should include a provision that snow may not be piled or dumped into the stormwater pond. Please provide one full size and one 11x17 set of Construction Plans to the Engineering department prior to construction. If you have any questions or need further information, please contact me at (763) 706 -3705. Kathy Young, Assistant City Engineer Lauren Letsche, Storm Water Specialist KH:kh G: \Users \Public Works \plan reviews \2017 \3836 Stinson Development.doc 130 --------------- - - - - -- - - - - - -- x e E 9N QdVAainoa NOS NI1S 4 i :. •• �.� xwm wawa° � m o �_ 'C§ Y NIHLHI QlI�fNLLSN03 -3b N338 r � 3AYH NlYM306 UNY 133tLLS I - I I I � II o= 8 x elim<i wz w= M. ® I IS � m000000000 .. 0 00 oa I I � •O® �$196p Y i [ A gpp zz I I I V 3yyp Fg� �x E VJV— U =- - -- oaroaz ana -- l34NI® OW is — — — — — — — — — — — — — — — - - - - -- rnui C I - � i I S'H H� CA iYaL °E 3 E� . to E NMI U EP .A RL it low COD E - - ° c ® ` °vmocT 6e e ° 8$ m ' Y `� / m oo gizmo _ dEE�v' ` h r� Z OZ E. 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I I � I vela I L I I Of - i%� I 0 A301 I I I I I I Iw I � I b (p9 Im otl A3pls I� iz I _•dl r ' I -.901 I I I f I II x in "rtl^ I li a i l I u I I I xixnl 1 I I 11 —3 Fff O e I W j � I I I I I may. 1 3 3 21 1 S A 3 1 N I N W n Q z �6 ;g B� $�o s yy `� oAgp's I Zr _ 4 a� �y .n S Ix -x — — 9rx\-9xa -- :. A3 ;:, t i. 9A•x � . .- �.. L. f, . �' :.. A!' �^ CH COLUMBIA HEIGHTS AGENDA SECTION PUBLIC HEARINGS ITEM NO. 8C MEETING DATE DECEMBER 11, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: RESOLUTION 2017 -130, ADOPTING A BUDGET FOR THE YEAR 2018, SETTING THE CITY LEVY, APPROVING THE HRA LEVY, AND APPROVING A TAX RATE INCREASE. DEPARTMENT: Finance CITY MANAGER'S APPROVAL: BY /DATE: Joseph Kloiber /December 7, 2017 BY /DATE: � BACKGROUND: As required under the city charter, the city manager provided the city council with a proposed 2018 budget at a regular council meeting in August. That document, available on the city's website, explains the proposed 2018 budget with 133 pages of summary and detail information, including comparisons to the current year and two prior years. This information was reviewed at four council work sessions. Through that review, three modifications to the proposed 2018 budget were identified and included in the attached Resolution 2017 -130: 1. Increase General Fund expense $36,000 to carryover unused 2017 funding for repair of the Murzyn Hall parking lot. This will be combined with other funding in the proposed 2018 budget, to create a parking lot project of $72,000 to be completed in 2018. 2. Increase Special Projects Fund expense $70,000 to contract for a public safety staffing study in 2018. 3. Decrease Sewer fund expense $29,000 to reduce the preliminary estimate for 2018 sewage disposal costs to the actual amount that will be billed by Met Council Environmental Services. Apart from these three items, the attached Resolution 2017 -130 is the same as the proposed budget approved by the city council in September. Certain additional reclassifications between budget line items were identified in Public Safety and Community Development. Line item reclassifications do not change the budget resolution however, which is adopted at the fund level. This budget, based on direction from the city council, existing contract obligations, and other factors, increases the city's gross property tax levy $529,000 or 4.9% for 2018. The gross levy includes both the share of taxes paid by Columbia Heights taxpayers and the Area -Wide Fiscal Disparities Subsidy. In 2018, the subsidy will temporarily decrease by $182,000. Consequently, the local taxpayers' increase for 2018 will be $529,000 plus $182,000; a total of $711,000. Approximately $200,000 of this increase will be effectively rebated to the local taxpayers in 2019 when the subsidy is restored. STAFF RECOMMENDATION: The city manager and staff recommend approval of the attached resolution. RECOMMENDED MOTION(S): MOTION: Move to waive the reading of Resolution 2017 -130, there being ample copies available to the public. MOTION: Move to close the public comment and adopt Resolution 2017 -130, being a resolution adopting a budget for the year 2018, setting the city levy, approving the HRA levy, and approving a tax rate increase. ATTACHMENTS: Resolution 2017 -130 141 RESOLUTION 2017 -130 ADOPTING A BUDGET FOR THE YEAR 2018, SETTING THE CITY LEVY, APPROVING THE HRA LEVY, AND APPROVING A TAX RATE INCREASE. Now, therefore, in accordance with all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: ORDER OF COUNCIL Section A. The budget for the City of Columbia Heights for the year 2018 is hereby approved and adopted with appropriations for each of the funds listed below. The estimated gross revenues to fund the budget for the year 2018, including general ad valorum tax levies and use of fund balances, are also as listed below. Section B. The following sums of money are levied for the current year, collectable in 2018 upon the taxable property in said City of Columbia Heights, for the following purposes: Estimated General Fund Levy 9,481,000 Estimated Library Levy 919,244 Estimated EDA Fund Levy 220,100 Total 10,620,344 142 Revenue Expense Governmental Funds General Fund 11,904,000 13,544,438 Planning & Inspections 469,682 469,682 Econ Dev Authority Admi n 448,242 448,242 Cable Television 227,400 190,331 Li bra ry 952,644 952,644 After School Programs 22,000 43,562 Special Project Fund 25,000 95,000 Public Safety - Other - - Capital Project Funds 2,932,500 1,720,659 Debt Service Funds 1,833,520 2,428,120 Debt Principal Proprietary Funds Capital Assets Paid (Advanced) Water Fund 3,309,564 2,868,462 87,500 (70,000) Sewer Fund 2,063,310 2,247,539 27,500 (196,712) Refuse Fund 2,067,228 2,195,880 - Storm Sewer Fund 493,375 606,084 (76,288) Liquor Fund 8,943,200 8,803,000 - 185,000 Central Garage 686,885 723,060 45,500 - Building Maintenance 205,500 205,448 - information Systems 337,000 387,575 - Use of Fund Balance 1,008,676 - 60,000 Total Including Interfund Transfers 37,929,726 37,929,726 220,500 (158,000) Section B. The following sums of money are levied for the current year, collectable in 2018 upon the taxable property in said City of Columbia Heights, for the following purposes: Estimated General Fund Levy 9,481,000 Estimated Library Levy 919,244 Estimated EDA Fund Levy 220,100 Total 10,620,344 142 Citv of Columbia Heights - Council Resolution 2017 -130 Page 2 Section C. The City Council of the City of Columbia Heights hereby approves the Housing and Redevelopment Authority Tax Levy for the fiscal year 2018 in the amount of $224,592. BE IT FURTHER RESOLVED: That the County Auditor is authorized to fix a property tax rate for taxes payable in the year 2018 that is higher than the tax rate calculated for the City for taxes levied in 2016 collectable in 2017. BE IT FURTHER RESOLVED: That the City, pursuant to Resolution 2015 -07, will call and redeem on February 1, 2018, all outstanding bond principal and interest payments on General Obligation Bond Series 2008B, and that the County Auditor is authorized to cancel the related Bond Levy in its entirety for taxes payable in 2018 and all subsequent years. BE IT FURTHER RESOLVED: That the City has adequate fund balances and reserves to pay bond principal and interest payments on General Obligation Bond Series 2009A in the amount of $10,000 and that the County Auditor is authorized to cancel $10,000 of the related Bond Levy for taxes payable in 2018, leaving a balance of $227,349 to be levied for taxes payable in 2018 for Series 2009A. BE IT FURTHER RESOLVED: That the City has adequate fund balances and reserves to pay bond principal and interest payments on General Obligation Bond Series 2015A in the amount of $270,000 and that the County Auditor is authorized to cancel $270,000 of the related Bond Levy for taxes payable in 2018, leaving a balance of $214,667 to be levied for taxes payable in 2018 for Series 2015A. BE IT FURTHER RESOLVED: That the City has adequate fund balances and reserves to pay bond principal and interest payments on General Obligation Bond Series 2017A in the amount of $329,989 and that the County Auditor is authorized to cancel $329,989 of the related Bond Levy for taxes payable in 2018, leaving a balance of $0 to be levied for taxes payable in 2018 for Series 2017A. BE IT FURTHER RESOLVED: That the City has adequate fund balances and reserves to pay bond principal and interest payments on General Obligation Bond Series 2017B in the amount of $300,000 and that the County Auditor is authorized to cancel $300,000 of the related Bond Levy for taxes payable in 2018, leaving a balance of $262,553 to be levied for taxes payable in 2018 for Series 2017B. The Finance Director /Treasurer is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Anoka County, Minnesota. Approved this 11th day of December, 2017 Offered By: Seconded By: Roll Call: Ayes: Nays: Mayor Donna Schmitt Attest: Katie Bruno City Clerk /Council Secretary 143